§ 41A-7. Enforcement.
§ 41A‑7. Enforcement.
(a) Any person whoclaims to have been injured by an unlawful discriminatory housing practice orwho reasonably believes that he will be irrevocably injured by an unlawfuldiscriminatory housing practice may file a complaint with the North CarolinaHuman Relations Commission. A fair housing enforcement organization, as definedin regulations adopted under 42 U.S.C. § 3602 (1968), may file a complaint withthe Commission on behalf of a person who claims to have been injured by or reasonablybelieves he will be irrevocably injured by an unlawful discriminatory housingpractice. Complaints shall be in writing, shall state the facts upon which theallegation of an unlawful discriminatory housing practice is based, and shallcontain such other information and be in such form as the Commission requires.Commission employees shall assist complainants in reducing complaints towriting and shall assist in setting forth the information in the complaint asmay be required by the Commission. Within 10 days after receipt of thecomplaint, the Director of the Commission shall serve on the respondent a copyof the complaint and a notice advising the respondent of his procedural rightsand obligations under this Chapter. Within 10 days after receipt of thecomplaint, the Director of the Commission shall serve on the complainant anotice acknowledging the filing of the complaint and informing the complainantof his time limits and choice of forums under this Chapter.
No complaint may be filed withthe Commission under this section during any period in which the Commission isnot certified by the Secretary of the United States Department of Housing andUrban Development in accordance with 42 U.S.C. § 3610(f) to have jurisdictionover the subject matter of the complaint. Provided, however, that during anysuch period in which the Commission is not certified, any person who claims tohave been injured by an unlawful discriminatory practice or who reasonablybelieves that he will be irrevocably injured by an unlawful discriminatoryhousing practice may bring a civil action directly in superior court inaccordance with the provisions of subsection (j) of this section, except thatany such civil action shall be commenced within one year after the occurrenceor termination of the alleged unlawful discriminatory housing practice.
(b) A complaint undersubsection (a) shall be filed within one year after the alleged unlawfuldiscriminatory housing practice occurred. A respondent may file an answer tothe complaint against him within 10 days after receiving a copy of thecomplaint. With the leave of the Commission, which shall be granted whenever itwould be reasonable and fair to do so, the complaint and the answer may beamended at any time. Complaints and answers shall be verified. The Commissionshall make final administrative disposition of a complaint within one year ofthe date the complaint is filed, unless it is impracticable to do so. If theCommission is unable to do so, it shall notify the complainant and respondent,in writing, of the reasons for not doing so.
(c) Whenever anotheragency of the State or any other unit of government of the State hasjurisdiction over the subject matter of any complaint filed under this section,and such agency or unit of government has legal authority equivalent to orgreater than the authority under this Chapter to investigate or act upon thecomplaint, the Commission shall be divested of jurisdiction over suchcomplaint. The Commission shall, within 30 days, notify the agency or unit ofgovernment of the apparent unlawful discriminatory housing practice, andrequest that the complaint be investigated in accordance with such authority.
(d) Complaints may beresolved at any time by informal conference, conciliation, or persuasion.Nothing said or done in the course of such informal procedure may be madepublic by the Commission or used as evidence in a subsequent proceeding underthis Chapter without the written consent of the person concerned.
(e) Within 30 daysafter the filing of the complaint, the Commission shall commence aninvestigation of the complaint to ascertain the facts relating to the allegedunlawful discriminatory housing practice. If the complaint is not resolvedbefore the investigation is complete, upon completion of the investigation, theCommission shall determine whether or not there are reasonable grounds tobelieve that an unlawful discriminatory housing practice has occurred. TheCommission shall make a determination within 90 days after the filing of the complaint.If the Commission is unable to complete the investigation and issue adetermination within 90 days after the filing of the complaint, the Commissionshall notify the complainant and respondent in writing of the reasons for notdoing so. If the Commission concludes at any time following the filing of acomplaint under this section that prompt judicial action is necessary to carryout the purposes of this Chapter, the Commission may commence a civil actionfor, and the court may grant, appropriate temporary or preliminary reliefpending final disposition of the complaint. Any temporary restraining order orother order granting preliminary or temporary relief shall be issued inaccordance with G.S. 1A‑1, et seq., Rules of Civil Procedure. Thecommencement of a civil action under this subsection does not affect thecontinuation of the Commission's investigation or the initiation of a separatecivil action pursuant to other subsections of this section.
(f) If the Commissionfinds no reasonable ground to believe that an unlawful discriminatory housingpractice has occurred or is about to occur it shall dismiss the complaint andissue to the complainant a right‑to‑sue letter which will enablehim to bring a civil action in superior court in accordance with the provisionsof subsection (j) of this section.
(g) If the Commissionfinds reasonable grounds to believe that an unlawful discriminatory housingpractice has occurred or is about to occur it shall proceed to try to eliminateor correct the discriminatory housing practice by informal conference,conciliation, or persuasion. Each conciliation agreement arising out ofconciliation efforts by the Commission, whether reached before or after theCommission makes a determination of the complaint pursuant to subsection (e),shall be:
(1) An agreement betweenthe respondent and the complainant and shall be subject to the approval of theCommission. The Commission may also be a party to such conciliation agreements;and
(2) Made public unlessthe complainant and respondent otherwise agree, and the Commission determinesthat disclosure is not required to further the purposes of this Chapter.
(h) If the Commissionis unable to resolve the alleged unlawful discriminatory housing practice itshall notify the parties in writing that conciliation efforts have failed.
(i) A complainant maymake a written request to the Commission for a right‑to‑sue letter:
(1) Within 10 daysfollowing the receipt of a notice of conciliation failure; or
(2) After 130 daysfollowing the filing of a complaint, if the Commission has not issued a noticeof conciliation failure.
Uponreceipt of a timely request, the Commission shall issue to the complainant aright‑to‑sue letter which will enable him to bring a civil actionin superior court in accordance with the provisions of subsection (j) of thissection.
(j) A civil actionbrought by a complainant pursuant to subsections (f) or (i) of this sectionshall be commenced within one year after the right‑to‑sue letter isissued. The court may grant relief, as it deems appropriate, including anypermanent or temporary injunction, temporary restraining order, or other order,and may award to the plaintiff, actual and punitive damages, and may awardcourt costs, and reasonable attorney's fees to the prevailing party. Provided,however, that a prevailing respondent may be awarded court costs and reasonableattorney's fees only upon a showing that the case is frivolous, unreasonable,or without foundation.
(k) After theCommission has issued a notice of conciliation failure pursuant to subsection(h) of this section, if the complainant does not request a right‑to‑sueletter pursuant to subsection (i) of this section, the complainant, therespondent, or the Commission may elect to have the claims and issues assertedin the reasonable grounds determination decided in a civil action commenced andmaintained by the Commission.
(1) An election for acivil action under this subsection shall be made no later than 20 days after anelecting complainant or respondent receives the notice of conciliation failure,or if the Commission makes the election, not more than 20 days after the noticeof conciliation failure is issued. A complainant or respondent who makes anelection for a civil action pursuant to this subsection shall give notice tothe Commission. If the Commission makes an election, it shall notify allcomplainants and respondents of the election.
(2) If an election ismade under this subsection, no later than 60 days after the election is madethe Commission shall commence a civil action in superior court in its own nameon behalf of the complainant. In such an action, the Commission shall berepresented by an attorney employed by the Commission, and G.S. 114‑2shall not apply.
In acivil action brought under this subsection, the court may grant relief as itdeems appropriate, including any permanent or temporary injunction, temporaryrestraining order, or other equitable relief and may award to any personaggrieved by an unlawful discriminatory housing practice compensatory andpunitive damages. Parties to a civil action brought pursuant to this Chaptershall have the right to a jury trial as provided for by the North CarolinaRules of Civil Procedure.
(l) After theCommission has issued a notice of conciliation failure pursuant to subsection(h) of this section, if the complainant does not request a right‑to‑sueletter pursuant to subsection (i) of this section, and if an election for acivil action is not made pursuant to subsection (k) of this section, the Commissionshall apply to the Director of the Office of Administrative Hearings for thedesignation of an administrative law judge to preside at a hearing of the case.Upon receipt of the application, the Director of the Office of AdministrativeHearings shall, without undue delay, assign an administrative law judge to hearthe case.
(1) All hearings shallbe conducted pursuant to the provisions of Article 3A of Chapter 150B of theGeneral Statutes, except that the case in support of the complaint shall bepresented at the hearing by the Commission's attorney or agent, and G.S. 114‑2shall not apply. The parties to the complaint shall otherwise be given anopportunity to participate in the hearing as provided in G.S. 150B‑40(a).
(2) The administrativelaw judge assigned to hear a case pursuant to this subsection shall sit inplace of the Commission and shall have the authority of a presiding officer ina contested case under Article 3A of Chapter 150B of the General Statutes. Theadministrative law judge shall make a proposal for decision, which shallcontain proposed findings of fact, proposed conclusions of law, and proposedrelief, if appropriate. The Commission may make its final decision only aftercarefully reviewing and considering the administrative law judge's proposal fordecision, and after a copy of that proposal for decision is served on theparties and an opportunity is given each party to file exceptions and proposedfindings of fact and to present oral and written arguments to the Commission.
(3) The Commission'sfinal decision may be made by a panel consisting of three Commission membersappointed by the chairperson of the Commission. If the Commission, in its finaldecision, finds that a respondent has violated or is about to violate thisChapter, it may order such relief as may be appropriate, including payment tothe complainant by the respondent of compensatory damages and injunctive orother equitable relief. The Commission's order may also assess a civil penaltyagainst the respondent:
a. In an amount notexceeding ten thousand dollars ($10,000) if the respondent has not beenadjudged to have committed any prior unlawful discriminatory housing practices;
b. In an amount notexceeding twenty‑five thousand dollars ($25,000) if the respondent has beenadjudged to have committed one other unlawful discriminatory housing practiceduring the five‑year period ending on the date of the filing of thecomplaint; or
c. In an amount notexceeding fifty thousand dollars ($50,000) if the respondent has been adjudgedto have committed two or more unlawful discriminatory housing practices duringthe seven‑year period ending on the date of the filing of the complaint.
If theacts constituting the unlawful discriminatory housing practice that is theobject of the complaint are committed by the same natural person who has beenpreviously adjudged to have committed acts constituting an unlawfuldiscriminatory housing practice, then the civil penalties set forth in sub‑subdivisionsb and c of this subsection may be imposed without regard to the period of timewithin which any subsequent discriminatory housing practice occurred.
Theclear proceeds of civil penalties assessed pursuant to this subdivision shallbe remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.115C‑457.2.
(m) Any person aggrievedby the final agency decision following a hearing may petition for judicialreview in accordance with the provisions of G.S. 150B‑43 through G.S.150B‑52. The court in a review proceeding may:
(1) Affirm, modify, orreverse the Commission's decision in accordance with G.S. 150B‑51;
(2) Remand the case tothe Commission for further proceedings;
(3) Grant to any partysuch temporary relief, restraining order, or other order as it deemsappropriate; or
(4) Issue an order toenforce the Commission's order to the extent that the order is affirmed ormodified.
(n) If, within 30 daysafter service on the parties of the Commission's decision and order following ahearing, no party has petitioned for judicial review, the Commission or theperson entitled to relief may file with the clerk of superior court in thecounty where the unlawful discriminatory housing practice occurred, or in thecounty where the real property is located, a certified copy of the Commission'sfinal order. Upon such a filing, the clerk of the court shall enter an orderenforcing the Commission's final order. (1983, c. 522, s. 1; 1985, c. 371, ss. 3‑5;1987, c. 603, ss. 2‑4; 1989, c. 721, s. 2; 1989 (Reg. Sess., 1990), c.979, ss. 1(2), 5, 6; 1998‑215, s. 1; 2003‑136, s. 1.)