2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 46. FAIR HOUSING ACT
§ 4614 Enforcement by the Attorney General.

(a) Pattern or practice cases. — Whenever the Attorney General has reasonable cause to believe that any 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 chapter, or that any group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance, the Attorney General may commence a civil action in the Superior Court, Court of Chancery or both in any county of the State.

(b) On referral of discriminatory housing practice or conciliation agreement for enforcement. —

(1)a. The Attorney General may commence a civil action in any state court of competent jurisdiction for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Division under § 4610(f)(2)c. of this title.

b. A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice.

(2)a. The Attorney General may commence a civil action in any state court of competent jurisdiction for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the Division under § 4610(c) of this title.

b. A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under § 4610(c) of this title.

(c) Enforcement of subpoenas. — The Attorney General, on behalf of the Commission, may enforce a subpoena issued by the Commission for itself or other party at whose request a subpoena is issued in appropriate proceedings in the Superior Court for the county in which the person to whom the subpoena was addressed resides, was served or transacts business.

(d) Relief which may be granted in civil actions under subsections (a) and (b) of this section. —

(1) In a civil action brought in the Court of Chancery, the Court:

a. May award such preventive relief, including a permanent or temporary injunction, restraining order or other order against the person responsible for a violation of this chapter as is necessary to assure the full enjoyment of the rights granted by this chapter;

b. May allow the prevailing aggrieved person or persons, which may include the State, reasonable attorney's fees, expenses and costs; and

c. May award such other relief as the Court deems appropriate, including monetary damages to persons aggrieved.

(2) In a civil action brought in the Superior Court, the Court:

a. May award monetary damages to the aggrieved person or persons;

b. May, to vindicate the public interest, assess a civil penalty against the respondent to be paid to the Special Administration Fund:

1. In an amount not exceeding $50,000, for a 1st violation;

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

c. May allow the prevailing aggrieved person or persons, which may include the State, reasonable attorneys' fees, expenses and costs; and

d. May award such other relief as the Court deems appropriate.

(3) In a civil action under paragraph (b)(2) of this section, the court may award such relief as is enumerated in paragraphs (d)(1) and (2) of this section as may be appropriate given the nature of the action initiated and the jurisdiction of the Court.

(e) Limitation of fees. — Where a civil action is initiated by the Attorney General, or by the Attorney General or special counsel on behalf of the Commission or any aggrieved person, pursuant to the applicable provisions of this chapter, no court or any officer of such court shall charge fees of any kind in such proceeding to the Attorney General, the Commission, special counsel or such individual.

(f) Intervention in civil actions. — Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) of this section which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The Court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under § 4613 of this title.

68 Del. Laws, c. 311, § 1; 75 Del. Laws, c. 356, § 36.;