Section 4.04.230 Additional proceedings on housing discrimination.

1. The human rights commission shall investigate the alleged discriminatory housing practice and make its determination no later than 100 days after a complaint is filed unless any of the following applies:

c. If the commission is unable to complete the investigation within the time period, provided the commission shall notify the complainant and respondent in writing of the delay.

2. The commission, upon written notice, may amend the complaint to 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 illegal discriminatory practice. The procedure shall be as follows:

a. Notice shall be served no later than ten days after the filing of an amended complaint or identification of such substitute or additional respondent.

b. The commission shall include in a notice to a respondent an explanation of the basis for the determination that the person is properly joined as a respondent.

c. The added or substitute respondent may file, not later than ten days after receipt of the notice, an answer to such complaint.

3. The commission shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the commission, to the extent feasible, engage in mediation with respect to the complaint in accordance with the following:

a. A mediation agreement is an agreement between a respondent and the complainant and is subject to commission approval.

b. A mediation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a mediation agreement may authorize appropriate relief, including monetary relief.

c. A mediation 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 chapter relating to unfair or discriminatory practices in housing or real estate.

d. The proceedings or results of mediation 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 mediation.

4. When the commission has reasonable cause to believe that a respondent has breached a mediation agreement, the commission shall refer this matter to its attorney with a recommendation that a civil action be filed for the enforcement of the agreement. The attorney may commence a civil action in the appropriate district court not later than the expiration of 90 days after referral of the breach.

5. If the commission concludes, following the filing of a complaint, that prompt judicial action is necessary to carry out the purposes of this chapter relating to illegal or discriminatory housing or real estate practices, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint in accordance with the following:

b. A temporary restraining order or other order granting temporary relief under this section is governed by the applicable Iowa rules of civil procedure.

c. The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings in regard to an administrative hearing.

6. The commission shall determine based on the facts whether probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur in accordance with the following:

b. A final report under this section may be amended by the commission if additional evidence is later discovered.

7. If the commission determines that probable cause exists to believe that a discriminatory housing or real estate 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. If the commission determines that the matter involves the legality of a state statute, the commission shall not issue a determination and shall immediately refer the matter to the attorney for the commission for appropriate action.

a. Consist of a short and plain statement of the facts on which the commission has found probable cause to believe that a discriminatory housing or real estate practice has occurred or is about to occur.

9. Not later than 20 days after the commission issues a determination, unless it is impracticable to do, the commission shall send a copy of the determination with information concerning the election under section 4.04.550 – Civil Action of this chapter to the following persons:

a. Each respondent, together with a notice of the opportunity for a public hearing as provided under this section and section 4.04.260 – Public Hearing of this chapter.

If the commission is unable to send a copy of the determination within 20 days, it shall notify the parties in writing of the delay.

10. If the commission determines that no probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the commission shall promptly dismiss the complaint.

11. The commission shall not issue a determination under this section regarding an alleged discriminatory housing or real estate 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 that discriminatory housing or real estate practice.

12. If a timely election is not made under section 4.04.550 of this chapter, the commission shall provide an opportunity for a hearing on the charges in the complaint in accordance with the following:

a. Except as provided by subsection 12(b) of this section, the hearing shall be conducted in accordance with this section and section 4.04.260 of this article.

b. A hearing under this section shall not be continued regarding an alleged discriminatory housing or real estate practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal or state law seeking relief with respect to that discriminatory housing or real estate practice.

13. If the commission determines at a hearing under this section that a respondent has engaged or is about to engage in a discriminatory housing or real estate practice, the commission may order the appropriate relief, including actual damages, reasonable attorney's fees, court costs, and other injunctive or equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed the following:

a. Eleven thousand dollars if the respondent has not been adjudged by the order of the commission or a court to have committed a prior discriminatory housing or real estate practice.

b. Except as provided by paragraph 14 below, twenty-seven thousand five hundred dollars if the respondent has been adjudged by order of the commission or a court to have committed one other discriminatory housing or real estate practice during the five-year period ending on the date of the filing of the complaint.

c. Except as provided by paragraph 14 below, fifty-five thousand dollars if the respondent has been adjudged by order of the commission or a court to have committed two or more discriminatory housing or real estate practices during the seven-year period ending on the date of the filing of the complaint.

14. If the acts constituting the discriminatory housing or real estate practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing or real estate practice, the civil penalties in paragraph 13, subparagraphs (b) and (c) may be imposed without regard to the period of time within which any other discriminatory housing or real estate practice occurred.

15. At the request of the commission, the city attorney may initiate legal proceedings to recover a civil penalty due under this section. Funds collected under this section shall be paid to the city for deposit in the general fund.

State law references: Similar provisions I.C. § 216.15A. (Ord. 2008-0235; 2005-0771; 2001-0459; 2000-9018, 99-7659)