§ 36-96.17. Civil action by Attorney General; matters involving the legalityof any local zoning or other land use ordinance; pattern or practice cases;or referral of conciliation agreement for enforcement.
A. If the Board determines, after consultation with the Office of theAttorney General, that an alleged discriminatory housing practice involvesthe legality of any local zoning or land use ordinance, instead of issuing acharge, the Board shall immediately refer the matter to the Attorney Generalfor civil action in the appropriate circuit court for appropriate relief. Acivil action under this subsection shall be commenced no later than theexpiration of eighteen months after the date of the occurrence or thetermination of the alleged discriminatory housing practice.
B. Whenever the Attorney General has reasonable cause to believe that anyperson or group of persons is engaged in a pattern or practice of resistanceto the full enjoyment of any of the rights granted by this chapter, or thatany group of persons has been denied any of the rights granted by thischapter and such denial raises an issue of general public importance, theAttorney General may commence a civil action in the appropriate circuit courtfor appropriate relief.
C. In the event of a breach of a conciliation agreement by a respondent, theBoard may authorize a civil action by the Attorney General. The AttorneyGeneral may commence a civil action in any appropriate circuit court forappropriate relief. A civil action under this subsection shall be commencedno later than the expiration of ninety days after the referral of suchalleged breach.
D. The Attorney General, on behalf of the Board, or other party at whoserequest a subpoena is issued, under this chapter, may enforce such subpoenain appropriate proceedings in the appropriate circuit court.
E. In a civil action under subsections A, B, and C, the court may:
1. Award such preventive relief, including a permanent or temporaryinjunction, restraining order, or other order against the person responsiblefor a violation of this chapter as is necessary to assure the full enjoymentof the rights granted by this chapter.
2. Assess a civil penalty against the respondent (i) in an amount notexceeding $50,000 for a first violation; and (ii) in an amount not exceeding$100,000 for any subsequent violation.
3. Award the prevailing party reasonable attorney's fees and costs. TheCommonwealth shall be liable for such fees and costs to the extent providedby the Code of Virginia.
The court or jury may award such other relief to the aggrieved person, as thecourt deems appropriate, including compensatory damages, and punitive damageswithout limitation otherwise imposed by state law.
F. Upon timely application, any person may intervene in a civil actioncommenced by the Attorney General under subsection A, B or C which involvesan alleged discriminatory housing practice with respect to which such personis an aggrieved person or a party to a conciliation agreement. The court maygrant such appropriate relief to any such intervening party as is authorizedto be granted to a plaintiff in a civil action under § 36-96.18.
§ 36-96.17. Civil action by Attorney General; matters involving the legalityof any local zoning or other land use ordinance; pattern or practice cases;or referral of conciliation agreement for enforcement.
A. If the Board determines, after consultation with the Office of theAttorney General, that an alleged discriminatory housing practice involvesthe legality of any local zoning or land use ordinance, instead of issuing acharge, the Board shall immediately refer the matter to the Attorney Generalfor civil action in the appropriate circuit court for appropriate relief. Acivil action under this subsection shall be commenced no later than theexpiration of eighteen months after the date of the occurrence or thetermination of the alleged discriminatory housing practice.
B. Whenever the Attorney General has reasonable cause to believe that anyperson or group of persons is engaged in a pattern or practice of resistanceto the full enjoyment of any of the rights granted by this chapter, or thatany group of persons has been denied any of the rights granted by thischapter and such denial raises an issue of general public importance, theAttorney General may commence a civil action in the appropriate circuit courtfor appropriate relief.
C. In the event of a breach of a conciliation agreement by a respondent, theBoard may authorize a civil action by the Attorney General. The AttorneyGeneral may commence a civil action in any appropriate circuit court forappropriate relief. A civil action under this subsection shall be commencedno later than the expiration of ninety days after the referral of suchalleged breach.
D. The Attorney General, on behalf of the Board, or other party at whoserequest a subpoena is issued, under this chapter, may enforce such subpoenain appropriate proceedings in the appropriate circuit court.
E. In a civil action under subsections A, B, and C, the court may:
1. Award such preventive relief, including a permanent or temporaryinjunction, restraining order, or other order against the person responsiblefor a violation of this chapter as is necessary to assure the full enjoymentof the rights granted by this chapter.
2. Assess a civil penalty against the respondent (i) in an amount notexceeding $50,000 for a first violation; and (ii) in an amount not exceeding$100,000 for any subsequent violation.
3. Award the prevailing party reasonable attorney's fees and costs. TheCommonwealth shall be liable for such fees and costs to the extent providedby the Code of Virginia.
The court or jury may award such other relief to the aggrieved person, as thecourt deems appropriate, including compensatory damages, and punitive damageswithout limitation otherwise imposed by state law.
F. Upon timely application, any person may intervene in a civil actioncommenced by the Attorney General under subsection A, B or C which involvesan alleged discriminatory housing practice with respect to which such personis an aggrieved person or a party to a conciliation agreement. The court maygrant such appropriate relief to any such intervening party as is authorizedto be granted to a plaintiff in a civil action under § 36-96.18.
§ 36-96.17. Civil action by Attorney General; matters involving the legalityof any local zoning or other land use ordinance; pattern or practice cases;or referral of conciliation agreement for enforcement.
A. If the Board determines, after consultation with the Office of theAttorney General, that an alleged discriminatory housing practice involvesthe legality of any local zoning or land use ordinance, instead of issuing acharge, the Board shall immediately refer the matter to the Attorney Generalfor civil action in the appropriate circuit court for appropriate relief. Acivil action under this subsection shall be commenced no later than theexpiration of eighteen months after the date of the occurrence or thetermination of the alleged discriminatory housing practice.
B. Whenever the Attorney General has reasonable cause to believe that anyperson or group of persons is engaged in a pattern or practice of resistanceto the full enjoyment of any of the rights granted by this chapter, or thatany group of persons has been denied any of the rights granted by thischapter and such denial raises an issue of general public importance, theAttorney General may commence a civil action in the appropriate circuit courtfor appropriate relief.
C. In the event of a breach of a conciliation agreement by a respondent, theBoard may authorize a civil action by the Attorney General. The AttorneyGeneral may commence a civil action in any appropriate circuit court forappropriate relief. A civil action under this subsection shall be commencedno later than the expiration of ninety days after the referral of suchalleged breach.
D. The Attorney General, on behalf of the Board, or other party at whoserequest a subpoena is issued, under this chapter, may enforce such subpoenain appropriate proceedings in the appropriate circuit court.
E. In a civil action under subsections A, B, and C, the court may:
1. Award such preventive relief, including a permanent or temporaryinjunction, restraining order, or other order against the person responsiblefor a violation of this chapter as is necessary to assure the full enjoymentof the rights granted by this chapter.
2. Assess a civil penalty against the respondent (i) in an amount notexceeding $50,000 for a first violation; and (ii) in an amount not exceeding$100,000 for any subsequent violation.
3. Award the prevailing party reasonable attorney's fees and costs. TheCommonwealth shall be liable for such fees and costs to the extent providedby the Code of Virginia.
The court or jury may award such other relief to the aggrieved person, as thecourt deems appropriate, including compensatory damages, and punitive damageswithout limitation otherwise imposed by state law.
F. Upon timely application, any person may intervene in a civil actioncommenced by the Attorney General under subsection A, B or C which involvesan alleged discriminatory housing practice with respect to which such personis an aggrieved person or a party to a conciliation agreement. The court maygrant such appropriate relief to any such intervening party as is authorizedto be granted to a plaintiff in a civil action under § 36-96.18.
