(2) The commission may also order the respondent to pay the complainant damages sustained
thereby; costs, including reasonable attorney’s fees incurred at any time in connection
with the commission of the unlawful act, and civil penalties, any amounts awarded
to be deposited in the state treasury. The civil penalty shall be (i) An amount not
exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to
have committed any prior discriminatory housing practice; (ii) In an amount not exceeding
twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have
committed one other discriminatory housing practice during the five-year (5) period
ending on the date of filing this charge; and (iii) In an amount not exceeding fifty
thousand dollars ($50,000) if the respondent has been adjudged to have committed two
(2) or more discriminatory housing practices during the seven-year (7) period ending
on the date of the filing of this charge; except that if the acts constituting the
discriminatory housing practice that is the object of the charge are committed by
the same natural person who has been previously adjudged to have committed acts constituting
a discriminatory housing practice, then the civil penalties set forth in (ii) and
(iii) may be imposed without regard to the period of time within which any subsequent
discriminatory housing practice occurred. When determining the amount of civil penalties,
the commission shall consider as a mitigating factor whether the respondent has acted
in good faith and whether the respondent has actively engaged in regular antidiscrimination
educational programs. Provided that no order shall affect any contract, sale, encumbrance,
or lease consummated before the issuance of the order and involving a bona