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A. Notice, Answer, Investigation, And Additional Respondents:
1. Not later than ten (10) days after the filing of a complaint alleging an unfair or discriminatory housing practice, the commission shall serve notice upon the complainant acknowledging receipt of the complaint and advising complainant of the time limits and choice of forums provided under this article.
2. Not later than ten (10) days after the filing of a complaint, or the identification of an additional respondent under subsection A6 of this section, the commission shall serve notice upon the respondent identifying the alleged unfair or discriminatory housing practice and advising respondent of respondent's procedural rights and obligations under this article. The commission shall enclose a copy of the complaint along with the notice.
3. Each respondent may file an answer to the complaint not later than ten (10) days after receipt of notice from the commission.
4. Complaints and answers shall be under oath or affirmation and may be reasonably and fairly amended at any time.
5. The commission shall begin the investigation of the complaint within thirty (30) days of filing. If the commission is unable to complete the investigation within one hundred (100) days of filing, the commission shall so notify complainant and respondent and state the reasons for the delay.
6. 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 an unfair or discriminatory housing practice. In addition to the information required in the notice in subsection A2 of this section, the commission shall include an explanation for the determination that the person is properly joined as a respondent.
B. Conciliation: Beginning with the filing of a complaint, the commission shall, to the extent feasible, engage in conciliation with respect to the complaint.
1. If the issues in the complaint are resolved through conciliation, complainant and respondent may execute a conciliation agreement which documents the terms of settlement and is subject to the approval of the commission.
2. A conciliation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary damages.
3. A conciliation agreement shall be made public unless the complainant and respondent agree otherwise and the commission determines that disclosure is not necessary to further the purposes of this article.
4. The proceedings or results of conciliation shall not be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons who are party to the conciliation.
5. When the commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the commission shall refer the matter to the city attorney with a recommendation that a civil action be filed for the enforcement of the agreement.
C. Investigative Report: At the completion of each investigation under this section, the commission shall prepare a final investigative report containing:
1. Witness names, and dates of contact;
2. Summary of contacts with the aggrieved person and respondent, as well as dates of correspondence;
3. Summary of witness statements;
4. Summary description of all pertinent records; and
5. Answers to interrogatories.
A final investigative report under this subsection may be amended if additional evidence is later discovered.
After the completion of the investigation, the commission shall make available to the complainant, respondent, and each aggrieved person information derived from the investigation, as well as the final investigation report relating to that investigation.
D. Prompt Judicial Action: If the commission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purposes of this section, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. Upon receipt of the commission's authorization, the city attorney shall promptly file such an action. A temporary restraining order or other order granting preliminary or temporary relief under this article shall be issued in accordance with Iowa rules of civil procedure. The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under this article.
E. Probable Cause: If the commission determines that probable cause exists to believe that an unfair or discriminatory housing 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 F of this section.
1. A probable cause determination must:
a. Consist of a short and plain statement of the facts upon which the commission found probable cause to believe that an unfair or discriminatory housing practice has occurred or is about to occur;
b. Be based on the final investigative report; and
c. Need not be limited to the facts or grounds alleged in the complaint.
2. Not later than twenty (20) days after the commission determines probable cause, the commission shall send a copy of the determination with information regarding the election procedure under subsection 5-3A-8A of this article to the complainant, respondent, and each aggrieved person.
F. Referral: 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 a determination and shall immediately refer the matter to the city attorney for appropriate action.
G. No Probable Cause: If the commission determines that no probable cause exists to believe that an unfair or discriminatory housing 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 article.
H. Civil Trial Action: The commission shall not issue a determination under this section regarding an alleged unfair or discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to the alleged discriminatory practice.
I. Subpoenas: The commission may issue subpoenas and order discovery in aid of investigations and hearings under this article. Such subpoenas and discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in district court. (Ord. 4464, 3-26-2001)
A. Probable Cause; Action: When a probable cause determination has been issued, the complainant, respondent, or aggrieved person may elect to have the claims asserted in that complaint decided in a civil action under section 5-3A-9 of this article in lieu of a hearing under subsection E of this section. The election must be made not later than twenty (20) days after the receipt by the electing person of service under subsection 5-3A-7E2 of this article, or, in the case of the commission, not later than twenty (20) days after such service. The person making such election shall give notice of the election to the commission and all other parties.
B. Hearing: If an election is not made under subsection A of this section the commission shall provide an opportunity for a hearing on the record with respect to the complaint. The commission shall delegate the conduct of the hearing to an administrative law judge appointed by the commission.
C. Hearing Procedure: At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under subsection 5-3A-7I of this article. Any aggrieved person may intervene as a party in the proceeding.
D. Complaint Resolution: Any resolution of a complaint before a final order under this section shall require the consent of each aggrieved person.
E. Hearings, Findings, Conclusions, And Order:
1. The administrative law judge shall commence the hearing under this section no later than one hundred twenty (120) days following the probable cause determination, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within one hundred twenty (120) days after the determination, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the complaint was filed, and the respondent in writing of the reasons for the delay.
2. The administrative law judge shall make findings of fact and conclusions of law within sixty (60) days following the completion of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding sixty (60) day period thereafter, the administrative law judge shall notify the commission, the aggrieved person on whose behalf the complaint was filed, and the respondent in writing of the reasons for the delay.
3. If the administrative law judge finds that a respondent has engaged or is about to engage in an unfair or discriminatory housing practice, the administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person, and injunctive and other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by the federal fair housing act in section 42 USC 3612.
4. No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the complaint.
5. In the case of an order with respect to an unfair or discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the commission shall, not later than thirty (30) days after the date of the issuance of such order, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that agency appropriate disciplinary action, including, where appropriate, the suspension or revocation of the license of the respondent.
6. If the administrative law judge finds that the respondent has not engaged or is not about to engage in an unfair or discriminatory housing practice, the administrative law judge shall enter an order dismissing the complaint. The commission shall make public disclosure of each dismissal.
7. An administrative law judge may not continue (adjourn or postpone) administrative proceedings under this section regarding any alleged unfair or discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law seeking relief with respect to that alleged discriminatory practice.
F. Commission Review Of Findings: The commission may review any finding, conclusion, or order issued by the administrative law judge under this section. Such review shall be completed not later than thirty (30) days after the finding, conclusion, or order is issued, otherwise the finding, conclusion, or order becomes final.
G. Final Order: The commission shall serve each complainant, respondent, and aggrieved person upon whose behalf the complaint was filed a copy of the findings of fact, conclusions of law, and order with respect to any final order issued under this section. (Ord. 4464, 3-26-2001)
A. If an election is made under subsection 5-3A-8A of this article, the commission shall authorize, not later than thirty (30) days after the election is made, the city attorney to commence and maintain a civil action on behalf of the aggrieved person in district court seeking relief under this article.
B. Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene in that action.
C. In a civil action under this section, if the court finds that an unfair or discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such unfair or discriminatory housing practice in a civil action under subsection A of this section. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under subsection A of this section shall also accrue to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
In any administrative proceeding brought under this article, or any court proceeding arising therefrom, or any civil action, the administrative law judge or court, in its discretion, may allow the prevailing party, other than the commission, reasonable attorney fees and costs. (Ord. 4464, 3-26-2001)
A. An aggrieved person may commence a civil action in district court not later than two (2) years after the occurrence of an alleged unfair or discriminatory housing practice, or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory practice or breach.
B. The computation of such two (2) year period shall not include any time during which an administrative proceeding under this article was pending with respect to that complaint. This section does not apply to actions arising from a breach of a conciliation agreement.
C. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under this article and without regard to the status of any such complaint, but if the commission or the Iowa civil rights commission has obtained a conciliation agreement with the consent of the aggrieved person, no action may be filed under this section by such aggrieved person with respect to the alleged unfair or discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of the conciliation agreement.
D. An aggrieved person may not commence a civil action under this section with respect to an alleged unfair or discriminatory housing practice if an administrative law judge has commenced a hearing on the record under this article with respect to such complaint.
E. Upon application by a person alleging an unfair or discriminatory housing practice or a person against whom such a practice is alleged, the court may:
1. Appoint an attorney for such person; or
2. Authorize the commencement or continuation of a civil action under this section without the payment of fees, costs, or security, if, in the opinion of the court, such person is financially unable to bear the costs of such action.
F. In a civil action under this section, if the court finds that an unfair or discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection G of this section, may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate.
G. Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrance, or tenant, without actual notice of the filing of the complaint or civil action under this article.
H. Upon timely application, the city attorney may intervene in such civil action, if the city attorney certifies that the case is of general public importance. Upon such intervention the city attorney may obtain such relief as would be available to the city attorney under section 5-3A-11 of this article. (Ord. 4464, 3-26-2001)
A. On the request of the commission, the city attorney may file a civil action in district court for appropriate relief if the commission has probable cause to believe that any of the following applies:
1. A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this article; or
2. A person has been denied any housing right granted by this article and that denial raises an issue of general public importance.
B. A civil action under this section may be commenced no later than two (2) years after the date of the occurrence of the alleged unfair or discriminatory housing practice.
C. The city attorney may commence a civil action in district court for appropriate relief with respect to a breach of a conciliation agreement referred to the city attorney by the commission. Such civil action may be commenced no later than ninety (90) days after the referral of the alleged breach under subsection 5-3A-7B5 of this article.
D. The city attorney, on behalf of the commission or other party at whose request a subpoena is issued under this article, may enforce such subpoena in appropriate proceedings in district court.
E. In a civil action under this section, the court may:
1. Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for the violation of this article as is necessary to assure the full enjoyment of the rights granted by this article;
2. Award such other relief as the court deems appropriate, including monetary damages to the person aggrieved; and
3. Assess a civil penalty, to vindicate the public interest, against the respondent in an amount not exceeding fifty thousand dollars ($50,000.00) for a first violation and in an amount not exceeding one hundred thousand dollars ($100,000.00) for any subsequent violation.
F. In a civil action under this section, the court, in its discretion, may award reasonable attorney fees and costs to the prevailing party.
G. Upon timely application, any person may intervene in a civil action commenced by the city attorney under this section, which involves an alleged unfair or discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to a plaintiff in a civil action under subsection A of this section. (Ord. 4464, 3-26-2001)
The commission shall cooperate with state and federal agencies charged with the administration and enforcement of state and federal fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees, and in furtherance of such cooperative efforts, may enter into written agreements with such state and federal agencies. (Ord. 4464, 3-26-2001)
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