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8410-93 Amending Article 9 of Chapter 2 Human Rights Ordinance
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8410-93 Amending Article 9 of Chapter 2 Human Rights Ordinance
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10/5/2012 8:50:47 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/23/1993
Ord-Res Number
58-93
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i <br /> L r <br /> Act . <br /> (3) In those cases involving discriminatory housing <br /> practices as prohibited by this Act where final <br /> adjudicative Commission action is in favor of the <br /> charging party, the Commission shall within one year of <br /> the alleged discriminatory housing practice seek a <br /> judicial determination of damages at the Commission' s <br /> expense. , the charging party shall be permitted to have <br /> damages determined in the circuit or superior court of <br /> St . Joseph County or any other court of proper <br /> jurisdiction having the power to award punitive damages <br /> as allowed by the Fair Housing Act. Charging parties <br /> shall make such a request to the Commission in writing <br /> within five (5) days from the notice of final Commission <br /> action, which notice shall advise charging party of this <br /> right to damage determination, and the Commission shall <br /> represent charging party at the Commission' s expense in <br /> such court action for damages . The Commission shall <br /> seek such a judicial determination of damages within one <br /> (1) year of the alleged discriminatory housing practice. <br /> If it is impracticable for the Commission to seek such a <br /> determination within one year of the alleged <br /> discriminatory act, it shall notify charging party and <br /> respondent in writing of its reasons for not doing so, <br /> and shall undertake such judicial determination as soon <br /> as practicable. <br /> (j) Reduce the terms of conciliation agreed to by the parties to <br /> a writing to be called a "consent agreement" which the <br /> parties and a majority of the Commissioners shall sign and <br /> when so signed the consent agreement shall have the same <br /> effect as a final decision of the Commission. If the <br /> Commission determines that a party to a consent agreement is <br /> " not complying with the agreement, the Commission may obtain <br /> enforcement of the consent agreement in a circuit or superior <br /> court upon showing that the party is subject to the <br /> Commission' s jurisdiction. <br /> (k) Institute actions in the St . Joseph Superior or Circuit Court <br /> for appropriate or equitable relief. <br /> (1) Transfer cases to the Indiana Civil Rights Commission or to <br /> an appropriate federal agency and to receive cases <br /> transferred from the Indiana Civil Rights Commission or from <br /> an appropriate federal agency. The South Bend Human Rights <br /> Commission shall proceed to act on any case transferred to it <br /> from the Indiana Civil Rights Commission as if the case had <br /> been originally filed with the South Bend Human Rights <br /> Commission as of the date the charge was filed with the <br /> Indiana Civil Rights Commission. <br /> Chapter 2, Article 9 is hereby amended to add a new Section 2-133 <br /> of the Municipal Code of the City of South Bend as follows: <br /> Section 2-133 . Private Enforcement. <br /> This ordinance may be enforced by an aggrieved charging party <br /> through the commencement of an action in the St . Joseph County circuit <br /> or superior court or any other court of proper jurisdiction not less <br /> than one (1) year after the occurrence or termination of the alleged <br /> discriminatory practice. <br />
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