44-1021.Same; judicial review of commission action; civil enforcement ofact.(a) Within 45 days after the entry of an order by the commission pursuant toK.S.A. 44-1019 and amendments thereto or within 30 days after the commissionhas received written notification of the manner in which a respondent hascomplied with the commission's order, the commission or a person aggrieved maybring a civil action in the district court of the county in which the allegeddiscriminatory housing practice is alleged to have occurred or in which therespondent resides or transacts business, but upon application by the personaggrieved and the commission, the attorney general or the appropriate districtor county attorney may provide the attorney necessary to bring the actionauthorized herein. Such action may be brought to enforce the order of thecommission, or to enforce any of the rights granted or protected by K.S.A.44-1016, 44-1017 and 44-1026, and amendments thereto, insofar as such rightsrelate to the subject of the complaint with respect to which the order wasissued. All such actions shall be heard by the court in a trial de novo.Upon application of any party to such action, the commission shall makeavailable to all parties the records and information gathered during anyinvestigation or hearing conducted pursuant to the authority granted by thisact, except that any records or information concerning the commission's effortsto eliminate or correct the alleged discriminatory housing practice by informalmethods of conference, conciliation and persuasion shall not be admissible asevidence in such action. If the respondent shall request a copy of thetranscript of the hearing, the respondent shall pay for the cost of itspreparation.
(b) If the court finds that a discriminatory housing practice hasoccurred, or is about to occur, the court may, in its discretion, grant asrelief any permanent, temporary or mandatory injunction, temporary restrainingorder or other proper order, but any sale, encumbrance or rental consummatedprior to the issuance of any court order issued under the authority of thisact, and involving a bona fide purchaser, encumbrancer or tenant without actualnotice of the existence of the filing of a complaint or civil action under theprovisions of this act, shall not be affected.
(c) Whenever a complaint is filed, or a civil action commenced, under theprovisions of this act, the commission may post notice thereof on any realproperty which is the subject of such complaint or action.
(d) (1) An aggrieved person may commence a civil action in a districtcourt of the county in which the alleged discriminatory housing practice isalleged to have occurred or in which the respondent resides or transactsbusiness not later than two years after the occurrence or thetermination ofan alleged discriminatory housing practice, whichever occurs last, toobtain appropriate relief with respect to such discriminatory housing practice.Except in the case of an action arising from a breach of a conciliationagreement, the computation of the two-year period shall not include any timeduring which an administrative proceeding under this act was pending withrespect to a complaint under this act based on such discriminatory housingpractice.
(2) If the United States department of housing and urban development,the commission or a local agency has obtained a conciliation agreement with theconsent of an aggrieved person, no action may be filed under thissubsection by such aggrieved person with respect to the allegeddiscriminatory housing practice which forms the basis for such complaintexcept for the purpose of enforcing the terms of such an agreement.
(3) An aggrieved person may not commence a civil action under thissubsection with respect to an alleged discriminatory housing practice whichforms the basis of a hearing under K.S.A. 44-1019 and amendments thereto.
(4) In a civil action under this subsection, if the court finds that adiscriminatory housing practice has occurred or is about to occur, thecourt may award to the plaintiff actual and punitive damages and, subjectto subsection (d)(5), may grant as relief, as the court deems appropriate,any permanent or temporary injunction, temporary restraining order or otherorder, including an order enjoining the defendant from engaging in suchpractice or ordering such affirmative action as may be appropriate. Thecourt, in its discretion, may allow the prevailing party, other than thestate of Kansas, reasonable attorney fees and costs. The state of Kansasshall be liable for such fees and costs to the same extent as a private person.
(5) Relief granted under this subsection shall not affect anycontract, sale, encumbrance or lease consummated before the granting ofsuch relief and involving a bona fide purchaser, encumbrancer or tenant,without actual notice of the filing of a complaint with the commission orcivil action under this act.
History: L. 1970, ch. 193, § 7; L. 1972, ch. 194, § 12;L. 1991, ch. 147, § 13;L. 1992, ch. 142, § 4; July 1.
44-1021.Same; judicial review of commission action; civil enforcement ofact.(a) Within 45 days after the entry of an order by the commission pursuant toK.S.A. 44-1019 and amendments thereto or within 30 days after the commissionhas received written notification of the manner in which a respondent hascomplied with the commission's order, the commission or a person aggrieved maybring a civil action in the district court of the county in which the allegeddiscriminatory housing practice is alleged to have occurred or in which therespondent resides or transacts business, but upon application by the personaggrieved and the commission, the attorney general or the appropriate districtor county attorney may provide the attorney necessary to bring the actionauthorized herein. Such action may be brought to enforce the order of thecommission, or to enforce any of the rights granted or protected by K.S.A.44-1016, 44-1017 and 44-1026, and amendments thereto, insofar as such rightsrelate to the subject of the complaint with respect to which the order wasissued. All such actions shall be heard by the court in a trial de novo.Upon application of any party to such action, the commission shall makeavailable to all parties the records and information gathered during anyinvestigation or hearing conducted pursuant to the authority granted by thisact, except that any records or information concerning the commission's effortsto eliminate or correct the alleged discriminatory housing practice by informalmethods of conference, conciliation and persuasion shall not be admissible asevidence in such action. If the respondent shall request a copy of thetranscript of the hearing, the respondent shall pay for the cost of itspreparation.
(b) If the court finds that a discriminatory housing practice hasoccurred, or is about to occur, the court may, in its discretion, grant asrelief any permanent, temporary or mandatory injunction, temporary restrainingorder or other proper order, but any sale, encumbrance or rental consummatedprior to the issuance of any court order issued under the authority of thisact, and involving a bona fide purchaser, encumbrancer or tenant without actualnotice of the existence of the filing of a complaint or civil action under theprovisions of this act, shall not be affected.
(c) Whenever a complaint is filed, or a civil action commenced, under theprovisions of this act, the commission may post notice thereof on any realproperty which is the subject of such complaint or action.
(d) (1) An aggrieved person may commence a civil action in a districtcourt of the county in which the alleged discriminatory housing practice isalleged to have occurred or in which the respondent resides or transactsbusiness not later than two years after the occurrence or thetermination ofan alleged discriminatory housing practice, whichever occurs last, toobtain appropriate relief with respect to such discriminatory housing practice.Except in the case of an action arising from a breach of a conciliationagreement, the computation of the two-year period shall not include any timeduring which an administrative proceeding under this act was pending withrespect to a complaint under this act based on such discriminatory housingpractice.
(2) If the United States department of housing and urban development,the commission or a local agency has obtained a conciliation agreement with theconsent of an aggrieved person, no action may be filed under thissubsection by such aggrieved person with respect to the allegeddiscriminatory housing practice which forms the basis for such complaintexcept for the purpose of enforcing the terms of such an agreement.
(3) An aggrieved person may not commence a civil action under thissubsection with respect to an alleged discriminatory housing practice whichforms the basis of a hearing under K.S.A. 44-1019 and amendments thereto.
(4) In a civil action under this subsection, if the court finds that adiscriminatory housing practice has occurred or is about to occur, thecourt may award to the plaintiff actual and punitive damages and, subjectto subsection (d)(5), may grant as relief, as the court deems appropriate,any permanent or temporary injunction, temporary restraining order or otherorder, including an order enjoining the defendant from engaging in suchpractice or ordering such affirmative action as may be appropriate. Thecourt, in its discretion, may allow the prevailing party, other than thestate of Kansas, reasonable attorney fees and costs. The state of Kansasshall be liable for such fees and costs to the same extent as a private person.
(5) Relief granted under this subsection shall not affect anycontract, sale, encumbrance or lease consummated before the granting ofsuch relief and involving a bona fide purchaser, encumbrancer or tenant,without actual notice of the filing of a complaint with the commission orcivil action under this act.
History: L. 1970, ch. 193, § 7; L. 1972, ch. 194, § 12;L. 1991, ch. 147, § 13;L. 1992, ch. 142, § 4; July 1.
44-1021.Same; judicial review of commission action; civil enforcement ofact.(a) Within 45 days after the entry of an order by the commission pursuant toK.S.A. 44-1019 and amendments thereto or within 30 days after the commissionhas received written notification of the manner in which a respondent hascomplied with the commission's order, the commission or a person aggrieved maybring a civil action in the district court of the county in which the allegeddiscriminatory housing practice is alleged to have occurred or in which therespondent resides or transacts business, but upon application by the personaggrieved and the commission, the attorney general or the appropriate districtor county attorney may provide the attorney necessary to bring the actionauthorized herein. Such action may be brought to enforce the order of thecommission, or to enforce any of the rights granted or protected by K.S.A.44-1016, 44-1017 and 44-1026, and amendments thereto, insofar as such rightsrelate to the subject of the complaint with respect to which the order wasissued. All such actions shall be heard by the court in a trial de novo.Upon application of any party to such action, the commission shall makeavailable to all parties the records and information gathered during anyinvestigation or hearing conducted pursuant to the authority granted by thisact, except that any records or information concerning the commission's effortsto eliminate or correct the alleged discriminatory housing practice by informalmethods of conference, conciliation and persuasion shall not be admissible asevidence in such action. If the respondent shall request a copy of thetranscript of the hearing, the respondent shall pay for the cost of itspreparation.
(b) If the court finds that a discriminatory housing practice hasoccurred, or is about to occur, the court may, in its discretion, grant asrelief any permanent, temporary or mandatory injunction, temporary restrainingorder or other proper order, but any sale, encumbrance or rental consummatedprior to the issuance of any court order issued under the authority of thisact, and involving a bona fide purchaser, encumbrancer or tenant without actualnotice of the existence of the filing of a complaint or civil action under theprovisions of this act, shall not be affected.
(c) Whenever a complaint is filed, or a civil action commenced, under theprovisions of this act, the commission may post notice thereof on any realproperty which is the subject of such complaint or action.
(d) (1) An aggrieved person may commence a civil action in a districtcourt of the county in which the alleged discriminatory housing practice isalleged to have occurred or in which the respondent resides or transactsbusiness not later than two years after the occurrence or thetermination ofan alleged discriminatory housing practice, whichever occurs last, toobtain appropriate relief with respect to such discriminatory housing practice.Except in the case of an action arising from a breach of a conciliationagreement, the computation of the two-year period shall not include any timeduring which an administrative proceeding under this act was pending withrespect to a complaint under this act based on such discriminatory housingpractice.
(2) If the United States department of housing and urban development,the commission or a local agency has obtained a conciliation agreement with theconsent of an aggrieved person, no action may be filed under thissubsection by such aggrieved person with respect to the allegeddiscriminatory housing practice which forms the basis for such complaintexcept for the purpose of enforcing the terms of such an agreement.
(3) An aggrieved person may not commence a civil action under thissubsection with respect to an alleged discriminatory housing practice whichforms the basis of a hearing under K.S.A. 44-1019 and amendments thereto.
(4) In a civil action under this subsection, if the court finds that adiscriminatory housing practice has occurred or is about to occur, thecourt may award to the plaintiff actual and punitive damages and, subjectto subsection (d)(5), may grant as relief, as the court deems appropriate,any permanent or temporary injunction, temporary restraining order or otherorder, including an order enjoining the defendant from engaging in suchpractice or ordering such affirmative action as may be appropriate. Thecourt, in its discretion, may allow the prevailing party, other than thestate of Kansas, reasonable attorney fees and costs. The state of Kansasshall be liable for such fees and costs to the same extent as a private person.
(5) Relief granted under this subsection shall not affect anycontract, sale, encumbrance or lease consummated before the granting ofsuch relief and involving a bona fide purchaser, encumbrancer or tenant,without actual notice of the filing of a complaint with the commission orcivil action under this act.
History: L. 1970, ch. 193, § 7; L. 1972, ch. 194, § 12;L. 1991, ch. 147, § 13;L. 1992, ch. 142, § 4; July 1.
