03-12-12 Council Agenda & Packet

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Ordinance No. in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is about to occur,the court may grant any relief appropriate in a civil action under this Article or IC 22-9.5-8.1-2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five (5) days from the notice of final Commission action, which notice shall advise charging party of this right to damage determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging parry and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. I....I................... SECTION VIII, Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION IX. Any part, section, subsection, sentence, clause or phrase of Chapter 2, Article 9 of the South Bend Municipal Code (known as the Human Rights Ordinance ) not amended by this Ordinance shall remain in full force and effect, and shall be interpreted consistent with this Ordinance. SECTION X. This ordinance shall be in full force and effect from and after is passage by the Common Council,approval by the Mayor and legal publication. Vigifing of up,bill 10�orml �0 P'` t`=`w� Member, South Bend Common douncil �a eg�@q yg� .,e and o ®rtupl' 6�s� acs n'ti:7 �4�a8w��, 9' couricil action on this° , Member, South Bend Common Council 7