§ 104.42  ENFORCEMENT BY PRIVATE PERSONS.
   Filing of action by aggrieved persons.
   (A)   Civil action.
      (1)   An aggrieved person may file a civil action in the circuit or superior court in Lake County not later than 1 year after the occurrence of 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 the discriminatory housing practice or breach.
      (2)   The 1-year period does not include any time during which an administrative hearing under this chapter is pending with respect to a complaint or finding of reasonable cause under this chapter based on discriminatory housing practice.  This division does not apply to actions arising from a breach of a conciliation agreement.
      (3)   An aggrieved person may file an action under this section whether or not a complaint has been filed under § 104.41(A) and without regard to the status of any complaint filed under § 104.41(A).
      (4)   If the Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under division (A) of this section with respect to the alleged discriminiatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.
      (5)   An aggrieved person may not file an action under division (A) above with respect to an alleged discriminatory housing practice that forms the basis of a finding of reasonable cause issued by the Commission if the Commission has begun a hearing on the record under this chapter with respect to the finding of reasonable cause.
   (B)   Relief granted.
      (1)   If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following:
         (a)   Actual and punitive damages;
         (b)   Reasonable attorney’s fees;
         (c)   Court costs; and
         (d)   Subject to division (C) below, any permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the practice of ordering appropriate affirmative action.
      (2)   However, under no circumstances shall damages, attorney’s fees, court costs or other costs be imposed upon the aggrieved person.
   (C)   Effect of relief granted.  Relief granted under this chapter does not affect a contract, a sale, an encumbrance or a lease that:
      (1)   Was consummated before the granting of relief; and
      (2)   Involved a bona fide purchaser, an encumbrancer or a tenant who did not have actual notice of the filing of a complaint or a civil action under this chapter.
   (D)   Intervention by Commission.
      (1)   The Commission may intervene in an action under this chapter if the Commission determines that the case is of general public importance.
      (2)   The Commission may obtain the same relief available to the Commission under division (B) of this section.
(Prior Code, § 104.32)  (Ord. 7483, passed 5-12-1992; Am. Ord. 7606, passed 7-26-1993)