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)