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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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