§ 700.29. Administrative procedure—Removal, orders and awards and review.

A.

Removal

1.

Subsequent to a notice of referral and notice of hearing, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims on which probable cause was found decided in a civil action in lieu of an administrative hearing. Unless good cause is shown to the Executive Director of the Board, this election must be made not later than twenty (20) days after service of the notice of referral and notice of hearing. The person making such election shall give notice of doing so to all necessary parties and the Board. If an election is made under this subsection, the court may appoint an attorney for the aggrieved person or authorize the continuation of the civil action without the payment of costs if it finds such person unable to bear those costs.

2.

If an election is made under this subsection, the Fair Housing Board shall authorize the County Attorney to commence and maintain a civil action on behalf of the Fair Housing Board, naming the complainant or aggrieved person on whose behalf the complaint was filed and the respondent. Such action shall be brought, upon written notice to the Clerk of the Board of Legislators, within 30 days after the election is made and authorization given, in an appropriate venue as determined by the County Attorney. In such action, the County Attorney shall represent only the Fair Housing Board, and there shall be no attorney-client relationship between the County Attorney and the complainant or aggrieved person.

3.

Any aggrieved person may intervene as of right in the civil action.

4.

In a civil action under this section, if the court finds that an unlawful discriminatory real estate practice has occurred, is occurring or is about to occur, the court may grant any appropriate relief, including but not limited to, actual damages, injunctive, equitable relief or punitive damages. The court may also assess a civil penalty as set forth in subsection (B) of this section. If monetary relief is sought for the benefit of a person who could have intervened under subsection 2 of this section, but who did not intervene in the civil action, the court shall not award such relief if that person has not complied with discovery orders entered by the court.

5.

In any proceeding under this section, the court may award attorney fees and costs to the prevailing party. Attorney fees and costs may be assessed against a person who intervenes by filing a notice of independent appearance in the civil action only to the extent that the intervening participation was frivolous or vexatious, or was for the purpose of harassment.

B.

Orders and Awards

1.

In the event that the Board shall, after a hearing, determine that a respondent has committed, is committing or is about to commit an unlawful discriminatory real estate practice, it shall issue an order containing such of the following provisions as may, in the judgment of the Board, effectuate the purposes of this article:

a.

Requiring such respondent to cease and desist from such unlawful discriminatory real estate practice;

b.

Requiring such respondent to take such affirmative action to remedy the unlawful discriminatory real estate practice, including such of the following as may be applicable and appropriate: the extension of full, equal and unsegregated accommodations, advantages, facilities and privileges to all persons, evaluating applicants for a housing accommodation without discrimination based on group identity and without retaliation or discrimination based on opposition to practices forbidden by this article or filing a complaint, testifying or assisting in any proceeding under this article;

c.

Awarding of compensatory damages to the person aggrieved by such practice;

d.

Awarding of punitive damages against a respondent found to have committed an unlawful discriminatory real estate practice which is found to be willful, wanton or malicious in an amount not to exceed $10,000.00, to the person aggrieved by such practice;

e.

Awarding costs to be paid by the respondent in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees to the person aggrieved by such practice; and

f.

Except in cases of unlawful discriminatory real estate practices on the basis of source of income under Section 700.20(V) of this article, assessing a civil penalty, in an amount not to exceed $50,000.00, to be paid to the County of Westchester by a respondent found to have committed an unlawful discriminatory real estate practice, or not to exceed $100,000.00 to be paid to the County of Westchester by a respondent found to have committed an unlawful discriminatory real estate practice which is found to be willful, wanton or malicious;

f-1.

For unlawful discriminatory real estate practices on the basis of source of income under Section 700.20(V) of this article, assessing a civil penalty, in an amount not to exceed $50,000.00, to be paid to the County of Westchester by a respondent found to have committed an unlawful discriminatory real estate practice which is found to be willful, wanton or malicious;

g.

Requiring the respondent to report the manner of compliance.

2.

A copy of such order issued by the Fair Housing Board shall be delivered in all cases to the County Executive, Chair of the Board of Legislators, and to the County Attorney.

3.

In any complaint initiated by the Executive Director, the relief awarded by the Board in the event of a finding that the respondent has committed the unlawful discriminatory real estate practices complained of shall be the same as the relief that would be awarded to a complainant had the complainant initiated the complaint.

4.

The Board may award and pay costs in the form of reimbursement for actual expenses reasonably incurred and reasonable attorney's fees to a prevailing respondent, unless the Board determines that the prosecution of the respondent was substantially justified or that special circumstances would make such award unjust.

C.

Review

1.

Final determinations by the Board shall be subject to review by the Commission upon application by any party aggrieved by a final order. Such application shall be made within thirty (30) days of the determination.

2.

Any party aggrieved by a final determination of the Commission may make an application within four (4) months for judicial review.

3.

Judicial review of the Commission shall be in a court with authority to:

a.

Grant to the petitioner, or to any other party, such temporary relief, restraining order or other order as the court determines is just and proper;

b.

Affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and

c.

Enforce the order to the extent that the order is affirmed or modified.

(Added by L.L. No. 4-2008, § 7; amended by L.L. No. 9-2012, § 2; L.L. No. 3-2013, § 6; L.L. No. 9-2018 , § 1 ^[])