Chapter 9.28 HOUSING DISCRIMINATION
Section 9.28.430 Enforcement by private persons--Filing of action by aggrieved person.
9.28.430 Enforcement by private personsFiling of action by aggrieved person.
A. Pursuant to Indiana Code, 22-9.5-7-1,
an aggrieved person may file a civil action in the
circuit or superior court located in the county in which the alleged discriminatory practice occurred
not later than one year after the
occurrence of the termination of an alleged discriminatory housing practice or the breach
of a
conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate
relief with respect to the discriminatory housing practice or breach.
B. The one-year period does not include
any time during which an administrative hearing
under this chapter is pending with respect to a complaint or finding of probable cause under this
chapter based on the discriminatory housing practice.
This subsection does not apply to actions arising from a breach of a conciliation agreement.
C. An aggrieved person may file an action
under this section whether or not a complaint has
been filed under this chapter and without regard to the status of any complaint filed under this
chapter.
D. If the commission 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 not file an action under this section with respect to an alleged discriminatory housing
practice that forms the basis of a finding of
probable cause issued by the commission if the commission has begun a hearing on the
record
under this chapter with respect to the finding of probable cause. (Ord. 92-45 (part), 1992; prior
code § 12-3.5-6-1)
(3/96 fix2, Amended, 03/29/1996)