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§ 20-1036. Civil action by Commission in public interest

West's Annotated Code of MarylandState GovernmentEffective: April 12, 2022

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 20. Human Relations (Refs & Annos)
Subtitle 10. Enforcement (Refs & Annos)
Part II. Discriminatory Housing Practices (Refs & Annos)
Effective: April 12, 2022
MD Code, State Government, § 20-1036
§ 20-1036. Civil action by Commission in public interest
Authorized
(a) The Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that:
(1)(i) a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this part and Subtitle 7 of this title; or
(ii) any group of persons has been denied any of the rights granted by this part and Subtitle 7 of this title; and
(2) the resistance or denial raises an issue of general public importance.
Enforcement of subpoena
(b) The Commission or other party at whose request a subpoena is issued under this part may enforce a subpoena in appropriate proceedings in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
Relief; attorney’s fees
(c)(1) In a civil action under subsection (a) of this section, the court may:
(i) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of Subtitle 7 of this title as necessary to ensure the full enjoyment of the rights granted by Subtitle 7 of this title;
(ii) award other relief the court considers appropriate, including monetary damages to aggrieved persons; and
(iii) to vindicate the public interest, assess a civil penalty against the respondent:
1. in an amount not exceeding $50,000, for a first violation; and
2. in an amount not exceeding $100,000, for any subsequent violation.
(2) In a civil action under this section, the court may allow the prevailing party, including the Commission, reasonable attorney's fees and costs.
Intervention
(d)(1) On timely application, a person may intervene in a civil action commenced by the Commission under subsection (a) or (b) of this section, if the action involves:
(i) an alleged discriminatory housing practice to which the person is an aggrieved person; or
(ii) a conciliation agreement to which the person is a party.
(2) The court may grant any appropriate relief to any intervening party that is authorized to be granted to a plaintiff in a civil action under § 20-1035 of this subtitle.

Credits

Added by Acts 2009, c. 120, § 2, eff. Oct. 1, 2009. Amended by Acts 2022, c. 135, § 1, eff. April 12, 2022.
MD Code, State Government, § 20-1036, MD STATE GOVT § 20-1036
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document