Section 4.04.550 Civil action.

1. A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed pursuant to this chapter may elect to have the charges asserted in the complaint decided in a civil action as provided by section 4.04.560 of this chapter in accordance with the following:

a. The election must be made not later than 20 days after the date of receipt by the electing person of service under subsection 4.04.230 of this chapter, or for the human rights commission not later than 20 days after the date of such service.

b. The person making the election shall give notice to the commission and to all other complainants and respondents to whom the election relates.

c. The election to have the charges of a complaint decided in a civil action as provided in this subsection is only available if it is alleged that there has been a violation of section 4.04.500 or 4.04.510 of this chapter.

2. An aggrieved person may, as provided I.C. § 216.16A, file a civil action in district court not later than two years after the occurrence of the termination of an alleged discriminatory housing or real estate practice or the breach of a mediation agreement entered into in section 4.04.230 of this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach in accordance with the following:

a. The two-year period does not include any time during which a public hearing under this chapter is pending with respect to a complaint or charge based on the discriminatory housing or real estate practice. This subsection does not apply to actions arising from a breach of a mediation agreement.

b. An aggrieved person may file an action under this subsection whether or not a discriminatory housing or real estate complaint has been filed under this chapter and without regard to the status of any discriminatory housing or real estate complaint filed under that section.

c. However, an aggrieved person shall not file an action under this subsection with respect to an alleged discriminatory housing or real estate practice that forms the basis of a charge issued by the commission if the commission has begun a hearing on the record under sections 4.04.230 and 4.04.260 of this chapter with respect to the charge.

d. If the commission has obtained a mediation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this subsection with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement.