A. If timely election to district court is made under subsection 2-4-11 of this chapter, the human rights coordinator may authorize, not later than thirty (30) days after the election is made, the filing of a civil action on behalf of the complainant in district court and the city attorney, or its designated agent, may commence and maintain such action. (Ord. 15-4650, 12-15-2015)
B. A commission order for remedial action and a commission order that has been substantially affirmed by judicial review, do not affect a contract, sale, encumbrance, or lease that was consummated before the commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this title.
C. If the commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the commission, not later than thirty (30) days after the date of the issuance of the order, shall do all of the following:
1. Send copies of the findings and the order to the governmental agency.
2. Recommend to the governmental agency appropriate disciplinary action.
D. In an action under section 2-4-11 of this chapter, if the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may award or issue to the plaintiff one or more of the following:
1. Actual and punitive damages.
2. Reasonable attorney fees.
3. Court costs.
4. Subject to subsection E of this section, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.
E. Relief granted under this section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this title or a civil action under this section.
F. The city attorney, on behalf of the commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in district court. (Ord. 97-3785, 5-20-1997; amd. Ord. 15-4650, 12-15-2015)
G. A court in a civil action brought under this section, or the commission in an administrative hearing under subsection 2-4-4K of this chapter, may award reasonable attorney fees to the prevailing party and assess court costs against the nonprevailing party. (Ord. 97-3785, 5-20-1997; amd. Ord. 99-3905, 10-12-1999; Ord. 15-4650, 12-15-2015)