For cases involving an alleged violation of section 183.06, the aggrieved person may file in court up to two (2) years after the occurrence
or termination of an alleged discriminatory housing practice or the breach of a conciliation
agreement, whichever occurs later. The statute of limitations in these qualifying
cases is tolled during the investigation.
(2)
Mixed findings. If the director has issued both a cause and a no cause determination on separate
issues in the same charge, the complainant may, if a hearing is held, require that
all matters be heard at the hearing or may bring a civil action for the no cause charge(s)
at the same time as the cause charge(s) under the rules and time frames that govern
the cause charges.
(3)
Proper notice by complainant. A complainant bringing a civil action shall mail a copy of the summons and complaint,
by registered or certified mail to the director and upon their receipt the director
shall terminate all proceedings in the department relating to the charge upon commencement
of the civil action. No charge shall be filed or reinstituted with the director after
a civil action relating to the same unfair discriminatory practice has been dismissed
without prejudice.
(4)
Intervention in civil actions. In cases alleging a violation of section 183.06, the following rights of intervention are available:
(a)
any aggrieved person has the opportunity to intervene as of right when one of the
parties in an administrative proceeding elects to resolve the matter via a civil action;
(b)
The director may intervene in a private civil action after certifying the case is
of general public importance; and
(c)
An aggrieved person or a party to a conciliation agreement may intervene in a civil
action commenced by the director.
(5)