Determination at hearing that respondent has or is about to engage
in discriminatory practice; relief; civil penalties; previous violation
Sec. 15. (a) If the commission determines at a hearing under
section 14 of this chapter that a respondent has engaged in or is about
to engage in a discriminatory housing practice, the commission may
order the appropriate relief, including actual damages, reasonable
attorney's fees, court costs, and other injunctive or equitable relief.
(b) To vindicate the public interest, the commission may assess a
civil penalty against the respondent in an amount that does not
exceed the following:
(1) Ten thousand dollars ($10,000) if the respondent has not
been adjudged by order of the commission or a court to have
committed a prior discriminatory housing practice.
(2) Except as provided by subsection (c), twenty-five thousand
dollars ($25,000) if the respondent has been adjudged by order
of the commission or a court to have committed one (1) other
discriminatory housing practice during the five (5) year period
ending on the date of the filing of the finding of reasonable
cause.
(3) Except as provided by subsection (c), fifty thousand dollars
($50,000) if the respondent has been adjudged by order of the
commission or a court to have committed two (2) or more
discriminatory housing practices during the seven (7) year
period ending on the date of the filing of the finding of
reasonable cause.
(c) If the acts constituting the discriminatory housing practice that
is the object of the finding of reasonable cause are committed by the
same individual who has been previously adjudged to have
committed acts constituting a discriminatory housing practice, the
civil penalties in subsection (b)(2) and (b)(3) may be imposed
without regard to the period of time within which any other
discriminatory housing practice occurred.
(d) The commission may sue to recover a civil penalty due under
this section.
As added by P.L.66-1990, SEC.2.
Last modified: May 27, 2006