2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 9.5. INDIANA FAIR HOUSING CHAPTER 7. ENFORCEMENT BY PRIVATE PERSONS
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IC 22-9.5-7
Chapter 7. Enforcement by Private Persons
IC 22-9.5-7-1
Civil action filed by aggrieved person; limitations
Sec. 1. (a) 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 (1) year after the
occurrence of the termination of an alleged discriminatory housing
practice or the breach of a conciliation agreement entered into under
this article, whichever occurs last, to obtain appropriate relief with
respect to the discriminatory housing practice or breach.
(b) The one (1) year period does not include any time during
which an administrative hearing under this article is pending with
respect to a complaint or finding of reasonable cause under this
article 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 IC 22-9.5-6 and
without regard to the status of any complaint filed under IC 22-9.5-6.
(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 reasonable cause issued by the commission
if the commission has begun a hearing on the record under this article
with respect to the finding of reasonable cause.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-7-2
Award of damages and costs; injunctions
Sec. 2. If the court finds that a discriminatory housing practice has
occurred or is about to occur in an action under this chapter, the court
may award to the prevailing party the following:
(1) Actual and punitive damages.
(2) Reasonable attorney's fees.
(3) Court costs.
(4) Subject to section 3 of this chapter, any permanent or
temporary injunction, temporary restraining order, or other
order, including an order enjoining the defendant from engaging
in the practice or ordering appropriate affirmative action.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-7-3
Indiana Code 2015
Effect of relief granted on prior transactions
Sec. 3. Relief granted under this chapter does not affect a contract,
a sale, an encumbrance, or a lease that:
(1) was consummated before the granting of the relief; and
(2) involved a bona fide purchaser, an encumbrancer, or a tenant
who did not have actual notice of the filing of a complaint or a
civil action under this article.
As added by P.L.66-1990, SEC.2.
IC 22-9.5-7-4
Intervention by commission
Sec. 4. (a) The commission may intervene in an action under this
article if the commission determines that the case is of general public
importance.
(b) The commission may obtain the same relief available to the
commission under IC 22-9.5-8.1-2.
As added by P.L.66-1990, SEC.2. Amended by P.L.1-1991, SEC.155.
Indiana Code 2015
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