8410-93 Amending Article 9 of Chapter 2 Human Rights Ordinance

Home Browse Search

i L r 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 Commission shall within one year of the alleged discriminatory housing practice seek a judicial determination of damages at the Commission' s expense. , the charging party shall be permitted to have damages determined in the circuit or 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 year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. (j) Reduce the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement" which the parties and a majority of the Commissioners shall sign and when so signed the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is " not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission' s jurisdiction. (k) Institute actions in the St . Joseph Superior or Circuit Court for appropriate or equitable relief. (1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive cases transferred from the Indiana Civil Rights Commission or from an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case transferred to it from the Indiana Civil Rights Commission as if the case had been originally filed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. Chapter 2, Article 9 is hereby amended to add a new Section 2-133 of the Municipal Code of the City of South Bend as follows: Section 2-133 . Private Enforcement. This ordinance may be enforced by an aggrieved charging party through the commencement of an action in the St . Joseph County circuit or superior court or any other court of proper jurisdiction not less than one (1) year after the occurrence or termination of the alleged discriminatory practice.