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A. In General: The commission may issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply for county attorney subpoenas.
B. Criminal Penalties:
1. Any person who wilfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person's power to do so, in obedience to a subpoena or other lawful order under subsection A of this section, shall be referred to the city attorney's office or the county attorney's office for prosecution.
2. Any person who, with intent thereby to mislead another person in any proceeding under this chapter, does the following shall be referred to the city attorney's office or the county attorney's office for prosecution:
a. Makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection A of this section;
b. Wilfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents;
c. Wilfully mutilates, alters, or by any other means falsifies any documentary evidence. (Ord. 18-09, 4-6-2009)
A. Election Of Judicial Determination: When a probable cause determination has been issued, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that complaint decided in a civil action under section 8-5-12 of this chapter in lieu of a hearing under subsection F of this section. The election must be made not later than twenty (20) days after the receipt by the electing person of service under section 8-5-7 of this chapter, or, in the case of the commission, not later than twenty (20) days after such service. The person making such election shall give notice of doing so to the commission and to all other complaints and respondents to whom the complaint relates.
B. Administrative Law Judge Hearing In Absence Of Election: If an election is not made under subsection A of this section with respect to a complaint, the commission shall provide an opportunity for a hearing on the record with respect to the complaint issued under section 8-5-6 of this chapter. The commission shall delegate the conduct of a hearing under this section to an administrative law judge appointed by the commission.
C. Rights Of Parties: At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross examine witnesses, and obtain the issuance of subpoenas under section 8-5-8 of this chapter. Any aggrieved person may intervene as a party in the proceeding. The Iowa rules of evidence apply to the presentation of evidence in such hearing as they would in a civil action in the Iowa district court.
D. Expedited Discovery And Hearing:
1. Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.
2. A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
E. Resolution Of Charge: Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.
F. Hearings, Findings, Conclusions And Order:
1. The administrative law judge shall commence the hearing under this section no later than one hundred twenty (120) days following the probable cause determination, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within one hundred twenty (120) days after the determination, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing, of the reasons for not doing so.
2. The administrative law judge shall make findings of fact and conclusions of law within sixty (60) days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty (60) day period thereafter, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the charge was filed and the respondent, in writing, of the reasons for not doing so.
3. If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by the federal fair housing act in section 42 USC 3612.
4. No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this chapter.
5. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the commission shall, not later than thirty (30) days after the date of the issuance of such order or if such order is judicially reviewed, thirty (30) days after such order is in substance affirmed upon such review:
a. Send copies of the findings of fact, conclusion of law, and the order to that governmental agency.
b. Recommend to that governmental agency appropriate disciplinary action including, where appropriate, the suspension or revocation of the license of the respondent.
6. If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The commission shall make public disclosure of each such dismissal.
7. An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law, seeking relief with respect to that discriminatory housing practice. (Ord. 18-09, 4-6-2009)
A. The commission may review any finding, conclusion, or order issued under section 8-5-9 of this chapter. Such review shall be completed not later than sixty (60) days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final.
B. The commission shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding. (Ord. 18-09, 4-6-2009)
A. Review Of Order: Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain review of such order by filing a petition for review not later than thirty (30) days after the order is issued in the Iowa district court pursuant to chapter 17A, code of Iowa.
B. Court Enforcement Of Administrative Order Upon Petition By Commission:
1. The commission may petition the Iowa district court in which any respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining order by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order.
2. The commission shall file in court with the petition the record of the proceeding. A copy of such petition shall be forthwith transmitted by the commission to the parties to the proceeding before the administrative law judge.
C. Relief Which May Be Granted:
1. Upon the filing of a petition under section 8-5-6 of this chapter, the court may, pursuant to section 216.17 of the code of Iowa:
a. Grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper.
b. Affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings.
c. Enforce such order to the extent that such order is affirmed or modified.
2. Any party to the proceeding before the administrative law judge may intervene on appeal to the court.
3. No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
D. Court Enforcement Of Administrative Order Upon Petition Of Any Person Entitled To Relief: After a final order of the commission, any person entitled to relief under the order may petition for a decree enforcing the order in the Iowa district court in Dubuque County, Iowa.
E. Civil Action For Enforcement When Election Is Made For Such Civil Action:
1. If an election is made under subsection 8-5-7C of this chapter, the commission shall authorize, not later than thirty (30) days after the election is made, the city attorney's office to commence and maintain a civil action on behalf of the aggrieved person in the Iowa district court in and for Dubuque County seeking relief under this subsection in accordance with section 216.16A of the code of Iowa.
2. Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action.
3. In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 8-5-12 of this chapter. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under section 8-5-12 of this chapter shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
F. Attorney Fees: In any administrative proceeding brought under this section or any court proceeding arising therefrom or any civil action, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the commission, reasonable attorney fees and costs. (Ord. 18-09, 4-6-2009)
A. Civil Action:
1. An aggrieved person may commence a civil action in an appropriate United States district court or state court not later than two (2) years after the occurrence 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 such discriminatory housing practice or breach.
2. The computation of such two (2) year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter based upon such discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.
B. Conciliation Agreement Precludes Action: An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 8-5-6 of this chapter and without regard to the status of any such complaint, but if the commission or the Iowa civil rights commission has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.
C. Administrative Hearing Precludes Civil Action: An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice if an administrative law judge has commenced a hearing on the record under this chapter with respect to such charge.
D. Appointment Of Attorney By Court: Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may:
1. Appoint an attorney for such person.
2. Authorize the commencement or continuation of a civil action under subsection A of this section without the payment of fees, costs, or security if in the opinion of the court such person is financially unable to bear the costs of such action.
E. Relief Which May Be Granted:
1. In a civil action under subsection A of this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages and, subject to subsection F of this section, may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate.
2. In a civil action under subsection A of this section, the court, in its discretion, may allow the prevailing party reasonable attorney fees and costs.
F. Effect On Certain Sales, Encumbrances And Rentals: Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint or civil action under this chapter.
G. Intervention By City Attorney's Office: Upon timely application, the city attorney's office may intervene in such civil action, if the city attorney's office certifies that the case is of general public importance. Upon such intervention, the city attorney's office may obtain such relief as would be available to the city attorney's office under section 8-5-13 of this chapter in a civil action to which such section applies. (Ord. 18-09, 4-6-2009; amd. Ord. 35-23, 8-7-2023)
A. Probable Cause: On the request of the commission, the city attorney's office may file a civil action in the district court for appropriate relief if the commission has probable cause to believe that any of the following applies:
1. A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this chapter.
2. A person has been denied any housing right granted by this chapter and that denial raises an issue of general public importance.
B. Legal Action; Enforcement: The commission may request the city attorney's office to take appropriate legal action of a discriminatory housing practice or to enforce a conciliation agreement.
1. The city attorney's office may commence a civil action in any appropriate court for appropriate relief with respect to a discriminatory housing practice referred to the city attorney's office.
2. A civil action under this subsection may be commenced no later than the expiration of the two (2) years after the date of the occurrence of the termination of the alleged discriminatory housing practice as provided in section 216.16A of the code of Iowa.
3. The city attorney's office may commence a civil action in any appropriate court for appropriate relief with respect to breach of a conciliation agreement referred to the city attorney's office by the commission.
4. A civil action may be commenced under this subsection no later than the expiration of ninety (90) days after the referral of the alleged breach under subsection 8-5-6C of this chapter.
5. The city attorney's office, on behalf of the commission or other party at whose request a subpoena is issued under this chapter, may enforce such subpoena in appropriate proceedings in the district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
6. Relief may be granted in civil actions under subsections A and B of this section in accordance with section 216.17A of the code of Iowa. In a civil action under subsection A or B of this section, the court:
a. May award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter as is necessary to assure the full enjoyment of the rights granted by this chapter.
b. May award such other relief as the court deems appropriate, including monetary damages to the person aggrieved.
c. May, to vindicate the public interest, assess a civil penalty against the respondent:
(1) In an amount not exceeding fifty thousand dollars ($50,000.00) for a first violation.
(2) In an amount not exceeding one hundred thousand dollars ($100,000.00) for any subsequent violation.
C. Attorney Fees And Costs: In a civil action under this section, the court, in its discretion, may allow the prevailing party reasonable attorney fees and costs.
D. Intervention In Civil Actions: Upon timely application, any person may intervene in a civil action commenced by the city attorney's office under subsection A or B of this section, which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under section 8-5-12 of this chapter. (Ord. 18-09, 4-6-2009)
The commission may cooperate with state and federal agencies charged with the administration of state and federal fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, in furtherance of such cooperative efforts, the commission may enter into written agreements with such state or federal agencies. (Ord. 18-09, 4-6-2009)
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