Iowa Code 216.16A – Civil action elected — housing
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1. a. A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the charges asserted in the complaint decided in a civil action as provided by section 216.17A.
b. The election must be made not later than twenty days after the date of receipt by the electing person of service under section 216.15A, subsection 5, or in the case of the commission, not later than twenty days after the date the determination was issued.
c. The person making the election shall give notice to the commission and to all other complainants and respondents to whom the election relates.
d. The election to have the charges of a complaint decided in a civil action as provided in paragraph “a” is only available if one of the following is alleged:
(1) It is alleged that there has been a violation of section 216.8 or 216.8A.
(2) It is alleged that there has been a violation of section 216.11 or 216.11A arising out of an alleged violation of the prohibitions contained in section 216.8 or 216.8A.
Terms Used In Iowa Code 216.16A
- Commission: means the Iowa state civil rights commission created by this chapter. See Iowa Code 216.2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Court: means the district court in and for any judicial district of the state of Iowa or any judge of the court if the court is not in session at that time. See Iowa Code 216.2
- discriminatory practice: means those practices specified as unfair or discriminatory in sections 216. See Iowa Code 216.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state of Iowa and all political subdivisions and agencies thereof. See Iowa Code 216.2
- Respondent: includes each person against whom a proceeding is instituted pursuant to this chapter. See Iowa Code 252A.2
2. a. An aggrieved person may file a civil action in district court not later than two years after the occurrence of the termination of an alleged discriminatory housing or real estate practice, or the breach of a mediation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach.
b. The two-year period does not include any time during which an administrative hearing under this chapter is pending with respect to a complaint or charge based on the discriminatory housing or real estate practice. This subsection does not apply to actions arising from a breach of a mediation agreement.
c. An aggrieved person may file an action under this subsection whether or not a discriminatory housing or real estate complaint has been filed under section 216.15, and without regard to the status of any discriminatory housing or real estate complaint filed under that section.
d. If the commission has obtained a mediation agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this subsection with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement.
e. An aggrieved person shall not file an action under this subsection with respect to an alleged discriminatory housing or real estate practice that forms the basis of a charge issued by the commission if the commission has begun a hearing on the record under this chapter with respect to the charge.
f. In an action filed in district court under this subsection, the court may, upon a finding of discrimination, order any of the remedies provided for in section 216.17A, subsection 6.