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(A) Pattern of practice cases.
(1) The Commission may file a civil action for appropriate relief if the Commission has reasonable cause to believe that:
(a) A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this chapter; or
(b) A person has been denied any right granted by this chapter and that denial raises an issue of general public importance.
(2) An action under division (A) of this section may be filed in a circuit or superior court in Grant County.
(3) In an action under division (A) of this section, the court may do the following:
(a) Award preventative relief, including a permanent or temporary injunction, restraining order or other order against the person for a violation of this chapter as necessary to assure the full enjoyment of the rights granted by this chapter;
(b) Award other appropriate relief, including monetary damages, reasonable attorney’s fees and court costs;
(c) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed the following:
1. $50,000 for a first violation;
2. $100,000 for a second or subsequent violation.
(4) A person may intervene in an action under this section if the person is:
(a) An aggrieved person to the discriminatory housing practice; or
(b) A party to a conciliation agreement concerning the discriminatory housing practice.
(B) Subpoena enforcement. The City Attorney, on behalf of the Commission or other party at whose request a subpoena is issued under this chapter, may enforce the subpoena in appropriate proceedings in the court in which the action is filed.
(Ord. 43-1991, passed 9-16-1992)
A court in a civil action brought under this chapter or the Commission in an administrative hearing under § 92.07(N) may award reasonable attorney’s fees to the prevailing party and assess court costs against the nonprevailing party.
(Ord. 43-1991, passed 9-16-1992)
A person commits a Class A misdemeanor if the person, whether or not acting under color of law, by force or threat of force intentionally intimidates or interferes with or attempts to intimidate or interfere with a person:
(A) Because of the person’s race, color, sex, religion, national origin, disability or familial status and because the person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling or applying for or participating in a service, organization or facility relating to the business of selling or renting dwellings; or
(B) Because the person is or has been, or to intimidate the person from:
(1) Participating, without discrimination because of race, color, sex, religion, national origin, disability or familial status, in an activity, service, an organization or a facility described in division (A) of this section;
(2) Affording another person opportunity or protection to participate in an activity, service, an organization or a facility described in division (A) of this section;
(3) Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, sex, religion, national origin, disability or familial status, in an activity, a service, an organization or a facility described in division (A) of this section.
(Ord. 43-1991, passed 9-16-1992)
This fair housing chapter supplements and amends those provisions of G.O. 15-1979 and repeals all of the G.O. 13-1984 and any other ordinance in conflict herewith. G.O. 15-1979 is hereby reaffirmed and ratified in all other respoects which are not inconsistent with G.O. 43-1991. In those instances where the ordinances conflict, then G.O. 43-1991 controls.
(Ord. 43-1991, passed 9-16-1992; Am. Ord. 25-1995, passed 9-19-1995)