A. The commission may join a person not named in the complaint as an additional or substitute respondent if, in the course of the investigation, the commission determines that the person should be alleged to have committed a discriminatory housing or real estate practice.
B. In addition to the information required in the notice, the commission shall include in a notice to a respondent joined under this section an explanation of the basis for the determination under this section that the person is properly joined as a respondent. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)
C. If the commission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purpose of this title relating to unfair or discriminatory housing or real estate practices, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint and the city attorney and/or a designated agent shall promptly commence and maintain such proceedings. (Ord. 97-3785, 5-20-1997; amd. Ord. 15-4650, 12-15-2015)
D. The commission shall prepare a final investigative report. A final report under this section may be amended by the commission if additional evidence is discovered.
E. After the completion of the commission's investigation, the commission shall make available to the aggrieved person and the respondent information derived from the investigation and the final investigative report relating to that investigation.
F. If the commission determines that probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall immediately issue a determination unless the commission determines that the legality of a zoning or land use law or ordinance is involved as provided in subsection H of this section. A determination issued under this subsection must include all of the following:
1. A short and plain statement of the facts on which the commission has found probable cause to believe that a discriminatory housing or real estate practice has occurred or is about to occur.
2. The determination must be based upon the final investigative report.
3. The determination need not be limited to the facts or grounds alleged in the complaint.
G. Not later than twenty (20) days after the commission issues a determination, the commission shall send a copy of the determination with information concerning the election under this title to all of the following persons:
1. Each respondent. The respondent shall also receive a notice of the opportunity for a hearing as provided under this title.
2. Each aggrieved person on whose behalf the complaint was filed.
H. If the commission determines that the matter involves the legality of a state or local zoning or other land use ordinance, the commission shall not issue determination and shall immediately refer the matter to the city attorney for appropriate action.
I. If the commission determines that no probable cause exists to believe a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall promptly dismiss the complaint. The commission shall make public disclosure of each dismissal under this section.
J. The commission shall not issue a determination under this section regarding an alleged discriminatory housing or real estate practice after the beginning of a trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing or real estate practice.
K. If the commission determines that probable cause exists to believe a discriminatory housing or real estate practice has occurred, the commission may, after notice, provide for a hearing on the charges in the complaint. The hearing shall be conducted in accordance with chapter 17A, code of Iowa, as amended, for contested cases.
L. If the commission determines at a hearing under subsection K of this section that a respondent has engaged or is about to engage in a discriminatory housing or real estate practice, the commission may order the appropriate relief, including actual damages, reasonable attorney fees, court costs and other injunctive or equitable relief. To vindicate the public interest, the commission may assess a civil penalty against the respondent. (Ord. 94-3647, 11-8-1994; amd. Ord. 15-4650, 12-15-2015)