2-4-11: COMPLAINTS:

This section applies only to complaints in the area of housing.

   A.   A complainant, a respondent, or an aggrieved person on whose behalf a complaint alleging a violation of section 2-3-5 or 2-3-6 of this title was filed, may elect to have the claims asserted in that charge decided in a civil action.

      1.   The particular party electing to have his or her case decided in a civil rather than administrative action under subsection 2-4-4J of this chapter, must do so no later than twenty (20) days after the date of receipt of the probable cause determination. In the event the commission makes such election, it must be made not later than twenty (20) days after the date the determination was issued.

      2.   The person making the election shall give notice to the human rights coordinator and to all other complainants and respondents to whom the election relates.

      3.   The election to have the charges of a complaint decided in a civil action as provided here is available only if it is alleged there has been a violation of section 2-3-5 or 2-3-6 of this title.

   B.   An aggrieved person may file a civil action in district court not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing or real estate practice, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach of a conciliation agreement.

      1.   The two (2) year period does not include the time between the filing of a housing or real estate practice discrimination complaint and the disposition of that complaint by the city attorney.

      2.   An aggrieved person may file an action under this section whether or not a discriminatory housing or real estate complaint has been filed under sections 2-3-5 and/or 2-3-6 of this title, and without regard to the status of any discriminatory housing or real estate complaint filed under those sections, but:

         a.   If the human rights coordinator obtains a conciliation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement.

         b.   An aggrieved person shall not file an action under this section with respect to an alleged discriminatory housing or real estate practice that forms the basis of a probable cause determination issued by the human rights office if the commission has begun a hearing on the record under this chapter with respect to the charge. (Ord. 15-4650, 12-15-2015)