Chapter 4.04 HUMAN RIGHTS


Section 4.04.560 Additional civil proceedings.

    1. Additional civil proceedings are available in the area of discriminatory housing practices as follows:
        a. If timely election is made under section 4.04.550 of this chapter, the parties are entitled to all rights, protections and remedies provided by I.C. § 216.17A.
        b. An aggrieved person may intervene in the action.
        c. If the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may grant any relief that a court may grant in a civil action under I.C. § 216.17A.
        d. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the district court, as provided by I.C. § 216.17A, shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the district court.
    2. An order of the human rights commission under sections 4.04.230 and 4.04.260 of this chapter and a commission order that has been substantially affirmed by judicial review do not affect a contract, sale, encumbrance, or lease that was consummated before the commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this section.
    3. If the human rights commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the commission, not later than 30 days after the date of issuance of the order, shall do all of the following:
        a. Send copies of the findings and the order to the governmental agency.
        b. Recommend to the governmental agency appropriate disciplinary action.
    4. If the commission issues an order against a respondent against whom another order was issued within the preceding five years under section 4.04.230 or 4.04.260 of this chapter, the commission shall send a copy of each order issued under that section to the state attorney general.
    5. On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory practice is alleged, the district court may, as provided by I.C. § 216.17A, appoint an attorney for the person.
    6. In an action under this section, if the district court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the district court may, as provided by I.C. § 216.17A, award or issue to the plaintiff one or more of the following:
        a. Actual and punitive damages.
        b. Reasonable attorney's fees.
        c. Court costs.
        d. Subject to subsection 7 of this section, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.
    7. Relief granted under this section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under section 4.04.210 of this chapter or a civil action under this section.
    8. On the request of the human rights commission, the attorney may intervene in an action under this section if the commission certifies that the case is of general public importance. The attorney may obtain the same relief available to the attorney under subsection (i) of this section.
    9. On the request of the human rights commission, the commission's attorney shall file a civil action in district court for appropriate relief if the commission has reasonable cause to believe that any of the following applies:
        a. A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by section 4.04.500 or 4.04.510 of this chapter.
        b. A person has been denied any housing right granted by this chapter and that denial raises an issue of general public importance.
    10. In an action under this section, the district court may, as provided by I.C. § 216.17A, do any of the following:
        a. Order preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of housing rights as necessary to ensure the full enjoyment of the housing rights granted by this chapter.
        b. Order another appropriate relief, including the awarding of 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 not to exceed those established by I.C. § 216.17A as follows:
            (1) Fifty thousand dollars for a first violation.
            (2) One hundred thousand dollars for a second or subsequent violation.
    11. A person may intervene in an action under this section if the person is any of the following:
        a. An aggrieved person to the discriminatory housing or real estate practice.
        b. A party to a mediation agreement concerning the discriminatory housing or real estate practice.
    12. The attorney, on behalf of the commission or other party at whose request a subpoena is issued, may enforce the subpoena in appropriate proceedings in district court.
    13. A court in a civil action brought under this section or the commission in an administrative hearing under sections 4.04.230 and/or 4.04.260 of this chapter may award reasonable attorney's fees to the prevailing party and assess court costs against the non-prevailing party. (Ord. 2008-0235; 99-7659)