36-96.18 - Civil action; enforcement by private parties.
§ 36-96.18. Civil action; enforcement by private parties.
A. An aggrieved person may commence a civil action in an appropriate UnitedStates district court or state court not later than two years after theoccurrence or the termination of an alleged discriminatory housing practice,or the breach of a conciliation agreement entered into under this chapter,whichever occurs last, to obtain appropriate relief with respect to suchdiscriminatory housing practice or breach.
B. An aggrieved person may commence a civil action under § 36-96.18 A nolater than 180 days after the conclusion of the administrative process withrespect to a complaint or charge, or not later than two years after theoccurrence or the termination of an alleged discriminatory housing practice,whichever is later. This subsection shall not apply to actions arising from abreach of a conciliation agreement. An aggrieved person may commence a civilaction under this section whether or not a complaint has been filed under §36-96.9 and without regard to the status of any such complaint. If the Boardor a federal agency has obtained a conciliation agreement with the consent ofan aggrieved person, no action may be filed under this section by suchaggrieved person with respect to the alleged discriminatory housing practicewhich forms the basis for such complaint except for the purpose of enforcingthe terms of such an agreement.
C. In a civil action under subsection A, if the court or jury finds that adiscriminatory housing practice has occurred or is about to occur, the courtor jury may award to the plaintiff, as the prevailing party, compensatory andpunitive damages, without limitation otherwise imposed by state law, and thecourt may award reasonable attorney's fees and costs, and subject tosubsection D, may grant as relief, any permanent or temporary injunction,temporary restraining order, or other order, including an order enjoining thedefendant from engaging in such practice or order such affirmative action asmay be appropriate.
D. Relief granted under subsection C shall not affect any contract, sale,encumbrance, or lease consummated before the granting of such relief andinvolving bona fide purchasers, encumbrancer or tenant, without actual noticeof the filing of a complaint with the Board or civil action under thischapter.
E. Upon timely application, the Attorney General may intervene in such civilaction, if the Attorney General certifies that the case is of general publicimportance. Upon intervention, the Attorney General may obtain such relief aswould be available to the private party under subsection C.
(1972, c. 591, § 36-94; 1973, c. 372; 1975, c. 566; 1984, c. 271; 1987, c.167; 1991, c. 557; 1994, c. 814.)