Arizona Laws 41-1491.31. Civil action
A. An aggrieved person may file a civil action in superior court not later than two years after the occurrence of the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.
Terms Used In Arizona Laws 41-1491.31
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Aggrieved person: includes any person who either:
(a) Claims to have been injured by a discriminatory housing practice. See Arizona Laws 41-1491
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general. See Arizona Laws 41-1491
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Arizona Laws 41-1491
- Discriminatory housing practice: means an act prohibited by sections 41-1491. See Arizona Laws 41-1491
- Person: means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions. See Arizona Laws 41-1491
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Subpoena: A command to a witness to appear and give testimony.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. The two year period does not include any time elapsed between the filing of any court procedure to enforce an administrative subpoena and is not jurisdictional but is a statute of limitations subject to principles of estoppel, tolling and waiver.
C. An aggrieved person may file an action under this section whether or not a complaint has been filed under Section 41-1491.22 and without regard to the status of any complaint filed under Section 41-1491.22. The filing of an action under this section does not affect the attorney general’s power and duty to investigate and make determinations based on the aggrieved person’s administrative complaint.
D. If the attorney general has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.
E. An aggrieved person may intervene in a civil action filed by the attorney general and based on that person’s administrative complaint.
F. The rights granted by 42 United States Code sections 3603, 3604, 3605 and 3606 may be enforced in any civil action brought pursuant to this section.