Arizona Laws 41-1491.34. Civil action by attorney general
A. If the attorney general finds cause to believe that a discriminatory housing practice has occurred or is about to occur, and there is no conciliation agreement within thirty days, the attorney general shall immediately file a civil action on behalf of the complainant in superior court against the respondent.
Terms Used In Arizona Laws 41-1491.34
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complainant: means a person, including the attorney general, who files a complaint under Section 41-1491. See Arizona Laws 41-1491
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discriminatory housing practice: means an act prohibited by sections 41-1491. See Arizona Laws 41-1491
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Respondent: means either:
(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice. See Arizona Laws 41-1491
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
B. If the attorney general finds reasonable cause to believe that a party has breached a conciliation agreement, the attorney general shall file a civil action for enforcement of the agreement.
C. In an action under this section, the court may award on behalf of the complainant actual and punitive damages and may issue a permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the practice or ordering affirmative action, and may award court costs to the attorney general.
D. A person aggrieved by the alleged discriminatory housing practice or damaged by the alleged breach of the conciliation agreement may intervene in a civil action brought under this section.