CHAPTER 7. ENFORCEMENT BY PRIVATE PERSONS

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 thecircuit or superior court located in the county in which the allegeddiscriminatory practice occurred not later than one (1) year after theoccurrence of the termination of an alleged discriminatory housingpractice or the breach of a conciliation agreement entered into underthis article, whichever occurs last, to obtain appropriate relief withrespect to the discriminatory housing practice or breach.
    (b) The one (1) year period does not include any time duringwhich an administrative hearing under this article is pending withrespect to a complaint or finding of reasonable cause under thisarticle based on the discriminatory housing practice. This subsectiondoes not apply to actions arising from a breach of a conciliationagreement.
    (c) An aggrieved person may file an action under this sectionwhether or not a complaint has been filed under IC 22-9.5-6 andwithout regard to the status of any complaint filed under IC 22-9.5-6.
    (d) If the commission has obtained a conciliation agreement withthe consent of an aggrieved person, the aggrieved person may not filean action under this section with respect to the alleged discriminatoryhousing practice that forms the basis for the complaint except toenforce the terms of the agreement.
    (e) An aggrieved person may not file an action under this sectionwith respect to an alleged discriminatory housing practice that formsthe basis of a finding of reasonable cause issued by the commissionif the commission has begun a hearing on the record under thisarticle 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 hasoccurred or is about to occur in an action under this chapter, thecourt 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 ortemporary injunction, temporary restraining order, or otherorder, including an order enjoining the defendant from engagingin the practice or ordering appropriate affirmative action.
As added by P.L.66-1990, SEC.2.

IC 22-9.5-7-3
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 atenant who did not have actual notice of the filing of acomplaint 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 thisarticle if the commission determines that the case is of general publicimportance.
    (b) The commission may obtain the same relief available to thecommission 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.