§ 20-1036. Civil action by Commission in public interest  


Latest version.



  •    (a) Authorized. -- The Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:

       (1) (i) a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this part and Subtitle 7 of this title; or

          (ii) any group of persons has been denied any of the rights granted by this part and Subtitle 7 of this title; and

       (2) the resistance or denial raises an issue of general public importance.

    (b) Enforcement of subpoena. -- The Commission or other party at whose request a subpoena is issued under this part may enforce a subpoena in appropriate proceedings in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.

    (c) Relief; attorney's fees. --

       (1) In a civil action under subsection (a) of this section, the court may:

          (i) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of Subtitle 7 of this title as necessary to assure the full enjoyment of the rights granted by Subtitle 7 of this title;

          (ii) award other relief the court considers appropriate, including monetary damages to aggrieved persons; and

          (iii) to vindicate the public interest, assess a civil penalty against the respondent:

             1. in an amount not exceeding $ 50,000, for a first violation; and

             2. in an amount not exceeding $ 100,000, for any subsequent violation.

       (2) In a civil action under this section, the court may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.

    (d) Intervention. --

       (1) On timely application, a person may intervene in a civil action commenced by the Commission under subsection (a) or (b) of this section, if the action involves:

          (i) an alleged discriminatory housing practice to which the person is an aggrieved person; or

          (ii) a conciliation agreement to which the person is a party.

       (2) The court may grant any appropriate relief to any intervening party that is authorized to be granted to a plaintiff in a civil action under § 20-1035 of this subtitle.


HISTORY: An. Code 1957, art. 49B, § 34; 2009, ch. 120, § 2.