§5-11A-14. Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by attorney general


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-11A-14

§5-11A-14. Enforcement by private persons; civil actions;

appointed attorneys; remedies; bona fide

purchasers; intervention by attorney general.

(a) (1) (A) An aggrieved person may commence a civil action in

an appropriate circuit court not later than two years after the

occurrence or the termination of an alleged discriminatory housing

practice, or the breach of a conciliation agreement entered into

under this article, whichever occurs last, to obtain appropriate

relief with respect to such discriminatory housing practice or

breach.

(B) The computation of such two-year period shall not include

any time during which an administrative proceeding under this

article was pending with respect to a complaint or charge under

this article based upon such discriminatory housing practice. This

subparagraph does not apply to actions arising from a breach of a

conciliation agreement.

(2) An aggrieved person may commence a civil action under this

subsection whether or not a complaint has been filed under

subsection (a), section eleven of this article and without regard

to the status of any such complaint, but if the commission has

obtained a conciliation agreement with the consent of an aggrieved

person, no action may be filed under this subsection by such

aggrieved person with respect to the alleged discriminatory housing

practice which forms the basis for such complaint except for the

purpose of enforcing the terms of such an agreement.

(3) An aggrieved person may not commence a civil action under

this subsection with respect to an alleged discriminatory housing

practice which forms the basis of a charge issued by the commission

if an administrative law judge has commenced a hearing on the

record under this article with respect to such charge.

(b) Upon application by a person alleging a discriminatory

housing practice, the court may: (1) Appoint an attorney for such

person; or (2) authorize the commencement or continuation of a

civil action under subsection (a) of this section without the

payment of fees, costs or security, if in the opinion of the court

such person is financially unable to bear the costs of such action.

(c) (1) In a civil action under subsection (a) of this

section, if the court finds that a discriminatory housing practice

has occurred or is about to occur, the court may award to the

complainant actual and punitive damages, and subject to subsection

(d) of this section, may grant as relief, as the court deems

appropriate, any permanent or temporary injunction or other order,

including an order enjoining the respondent from engaging in such

practice or ordering such affirmative action as may be appropriate.

(2) In a civil action under subsection (a) of this section,

the court, in its discretion, may allow a prevailing complainant a

reasonable attorney's fee and costs.

(d) Relief granted under this section shall not affect any

contract, sale, encumbrance or lease consummated before the

granting of such relief and involving a bona fide purchaser, encumbrancer or tenant without actual notice of the filing of a

complaint with the commission or civil action under this section.

(e) Upon timely application, the attorney general may

intervene in such civil action, if the attorney general certifies

that the case is of general public importance. Upon such

intervention the attorney general may obtain such relief as would

be available to the attorney general under subsection (d), section

fifteen of this article in a civil action to which such section

applies.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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