Anti-Discrimination Center

69.01    (Note: Repeals prior ordinances) back to top

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69.02    DECLARATION OF PURPOSE. back to top

The purposes of the City of Cedar Rapids, Iowa, in enacting this chapter are:

(a)    To secure for all individuals within the City of Cedar Rapids freedom from discrimination because of race, color, religion, creed, sex, national origin, age, marital status, families with children, or mental or physical disability, or sexual orientation in connection with employment, public accommodations, housing, credit, and education; and thereby to protect the personal dignity of these individuals, to insure their full productive capacities, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individual citizens within the City of Cedar Rapids;

(b)    To provide for execution within the City of Cedar Rapids of the policies embodied in the Iowa Civil Rights Act of 1965, as amended, and in the Federal Civil Rights Act, as amended, and to promote cooperation between the City of Cedar Rapids and the state and federal agencies enforcing those acts; and

(c)    To provide, at the local level, a Civil Rights Commission, dedicated to the following: effective enforcement of this chapter; service as a source of information to employers, business persons, employees, laborers, tenants, and other citizens relative to various civil rights legislation and regulations; and active assistance to prevent and eliminate the effects of discriminatory acts and/or discriminatory practices.

(d)    This chapter shall be interpreted according to the fair import of its ement between an employer, employment agency, labor organization, or their employees, agents, or members and an employee or prospective employee concerning employment, pay or benefits to an employee or prospective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this paragraph, as it relates to tests for the presence of the antibody to the human immunodeficiency virus, do not apply if the state epidemiologist determines and the director of public health declares through the utilization of guidelines established by the Centers for Disease Control of the United States Department of Health and Human Services that a person with a condition related to acquired immune deficiency syndrome poses a significant risk of transmission of the human immunodeficiency virus to other persons in a specific occupation.

(b)    Employment policies relating to pregnancy and childbirth shall be governed by the following:

1.    A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this chapter.

2.    Disabilities caused or contributed to by the employee's pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to the employee's pregnancy or giving birth, on the same terms and conditions as they are applied to other temporary disabilities.

3.    Disabilities caused or contributed to by legal abortion and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any temporary disability or sick leave plan available in connection with employment. Written and unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any temporary disability insurance or sick leave plan, formal or informal, shall be applied to a disability due to legal abortion on the same terms and conditions as they are applied to other temporary disabilities. The employer may elect to exclude health insurance coverage for abortion from a plan provided by the employer, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.

4.    An employer shall not terminate the employment of a person disabled by pregnancy because of the employee's pregnancy.

5.    Where a leave is not available or a sufficient leave is not available under any health or temporary disability insurance or sick leave plan available in connection with employment, the employer of the pregnant employee shall not refuse to grant to the employee who is disabled by the pregnancy a leave of absence if the leave of absence is for the period that the employee is disabled because of the employee's pregnancy, childbirth, or related medical conditions, or for 8 weeks, whichever is less. However, the employee must provide timely notice of the period of leave requested, and the employer must approve any change in the period requested before the  change is effective. Before granting the leave of absence, the employer may require that the employee's disability resulting from pregnancy be verified by medical certification stating that the employee is not able to reasonably person the duties of employment.

(c)    This section shall not apply to:

1.    Discrimination on the basis of age if the person subject to the discrimination is under the age of 18 years, unless that person is considered by law to be an adult.

2.    Employment of individuals for work within the home of the employer if the employer or members of the employer's family reside therein during such employment.

3.    A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose.

4.    Age discrimination in a bona fide apprenticeship program if the employee is over 45 years of age.

5.    Any employer who regularly employs fewer than 4 individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees.

6.    The employment of individuals to render personal services to the person of the employer or members of the employer's family.

7.    Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional personnel or an administrative officer serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification.

(d)    Promotion or Transfer. After a handicapped individual is employed, the employer shall not be required under this chapter to promote or transfer such handicapped person to another job or occupation, unless, prior to such transfer, such handicapped person by training or experience is qualified for such job or occupation. Any collective bargaining agreement between an employer and labor organization shall contain this section as part of such agreement. (2-99)

69.07    UNFAIR PRACTICES—ACCOMMODATIONS OR SERVICES. back to top

(a)    It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintendent of any public accommodation or any agent or employee thereof:

1.    To refuse or deny to any person because of race, creed, color, sex, national origin, religion, disability, or sexual orientation the accommodations, advantages, facilities, services, or privileges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, national origin, religion, disability, or sexual orientation in the furnishing of such accommodations, advantages, facilities, services, or privileges.

2.    To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular race, creed, color, sex, national origin, religion, disability, or sexual orientation is unwelcome, objectionable, not acceptable, or not solicited.

(b)    This section shall not apply to:

1.    Any bona fide religious institution with respect to any qualifications the institution may impose based on religion when such qualifications are related to a bona fide religious purpose.

2.    The rental or leasing to transient individuals of fewer than 4 rooms within a single housing accommodation by the occupant or owner of such housing accommodation if the occupant or owner resides therein.

3.    Discounts for services or accommodations based upon age. (2-99)

69.08    UNFAIR CREDIT PRACTICES. back to top

It shall be unfair or discriminatory practice for any:

(a)    Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, familial status, or sexual orientation.

(b)    Persons authorized or licensed to do business in this State pursuant to Chapter 524, 533, 534, 536 or 536A of the Code of Iowa to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, familial status or sexual orientation.

(c)    Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, familiar status, or sexual orientation. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the Code of Iowa or the United States Code.

 The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. (2-99)

69.09    UNFAIR OR DISCRIMINATORY PRACTICES—EDUCATION. back to top

It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, age, marital status, religion, disability, or sexual orientation in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:

(a)    Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational, training, or other program or activity.

(b)    Denial of comparable opportunity in intramural and interscholastic athletic programs.

(c)    Discrimination among persons in employment and the conditions thereof.

(d)    The application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.

For the purposes of this section, “educational institution” includes any preschool, elementary, secondary, or merged area school, area education agency, community college, post-secondary college or university and their governing boards.

This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. (2-99)

69.10    AIDING OR ABETTING. back to top

It shall be an unfair or discriminatory practice for:

(a)    Any person to intentionally aid, abet, compel, or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter.

(b)    Any person to discriminate against another person in any of the rights protected against discrimination by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter, or has filed a complaint, testified, or assisted in any proceeding under this chapter.

69.11    INTERFERENCE, COERCION, OR INTIMIDATION—ENFORCEMENT BY CIVIL ACTION. back to top

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, on account of the person having exercised or enjoyed, or on account of the person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

69.12    SEX OR AGE PROVISIONS NOT APPLICABLE TO RETIREMENT PLANS. back to top

The provisions of this chapter relating to discrimination because of sex or age shall not be construed to apply to any retirement plan or benefit system of any employer unless such plan or system is a mere subterfuge adopted for the purpose of evading the provisions of this chapter.

(a)    However, a retirement plan or benefit system shall not require involuntary retirement of a person under the age of 70 because of that person's age. This paragraph does not prohibit the following:

1.    The involuntary retirement of a person who has attained the age of 65 and has for the 2 prior years been employed in a bona fide executive or high policy-making position and who is entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings or deferred compensation plan of the employer which equals $27,000. This retirement benefit test may be adjusted according to the regulations prescribed by the United States Secretary of Labor pursuant to Public Law 95-256, Section 3;

2.    The involuntary retirement of a person covered by a collective bargaining agreement which was entered into by a labor organization and was in effect on September 1, 1977. This exemption does not apply after the termination of that agreement or January 1, 1980, whichever first occurs.

(b)    A health insurance program provided by an employer may exclude coverage of abortion, except where the life of the mother would be endangered if the fetus were carried to term or where medical complications have arisen from an abortion.

(c)    An employee welfare plan may provide life, disability or health insurance benefits which vary by age based on actuarial differences if the employer contributes equally for all the participating employees or may provide for employer contributions differing by age if the benefits for all the participating employees do not vary by age.

69.13    COMPLAINT INVESTIGATION. back to top

(a)    Any person claiming to be aggrieved by a discriminatory or unfair practice may, by himself/herself or his/her attorney, or personal representative, as defined by rule, make, sign and file with the Commission a verified, written complaint in triplicate which shall state the name and address of the person, employer, employment agency, or labor organization alleged to have committed the discriminatory or unfair practice of which complained, shall set forth the particulars thereof, and shall contain such other information as may be required by the Commission. The Commission, a Commissioner, or the City Attorney may in like manner, make, sign, and file such complaint.

(b)    Any place of public accommodation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this chapter may file with the Commission a verified written complaint in triplicate asking the Commission for assistance to obtain their compliance by conciliation or other remedial action.

(c)    A claim under this chapter shall not be maintained unless a complaint is filed with the Commission within 180 days after the alleged discriminatory or unfair practice occurred. If the alleged unlawful discriminatory practice or act is of a continuing nature, the date of the occurrence of said alleged unlawful practice shall be deemed to be any date subsequent to the commencement of the alleged unlawful practice up to and including the date upon which the unlawful practice has ceased.

(d)    The members of the Commission and its staff shall not disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation and persuasion, unless such disclosure is made in connection with the conduct of such investigation. This section shall not prohibit disclosures to the Iowa Civil Rights Commission or similar government agencies conducting investigations involving illegal discriminatory practices.

(e)    Investigative Procedure.

1.    After the filing of a verified complaint, a true copy shall be served with 20 days by certified mail on the person against whom the complaint is filed. Alternative service may be effectuated by personal delivery by the Executive Director or a member of the staff of the Commission.

2.    An authorized member of the Commission staff shall make a prompt investigation of the alleged unfair or discriminatory practices. A member of the Commission shall be named as a member of the investigative team and shall be invited to be involved in the course of the investigation.

3.    If it is determined by the Commission or an individual designated by the Commission, pursuant to its rules, that no probable cause exists for the complaint, the complaint may be closed with a finding of no probable cause and the complainant and respondent shall be so notified in writing by certified mail.

4.    The complainant, within 10 days of receipt of a copy of the determination of no probable cause, may file with the Commission an application for reconsideration of the finding. Upon such application the Chairperson or a designated member of the Commission shall consider the complaint. If it is determined that no probable cause exists, the Chairperson or designated member of the Commission shall issue an order dismissing the complaint and shall furnish a copy of the order to the Complainant. If it is determined that probable cause exists or that further investigation is necessary, the staff shall be directed accordingly.

5.    If it is determined by the Commission, or an individual designated by the Commission, that probable cause exists regarding the allegations of the complaint, the staff of the Commission shall promptly endeavor to eliminate the unfair or discriminatory practice by conference, conciliation and persuasion. Nothing in this subsection shall preclude an earlier satisfactory resolution of the complaint, if mutually agreed to by all parties.

6.    If the complaint is successfully resolved through conciliation and persuasion, it shall be formalized and signed by a representative of the Commission, the complainant, and the respondent, and the Commission shall furnish both the complainant and the respondent a copy of the terms of the conciliation.

7.    At any time in its discretion, the Commission shall investigate whether the terms of the agreement are being complied with by the respondent. If the Commission finds that the terms of the conciliation are not being complied with by the respondent, the Commission shall take appropriate action to insure compliance.

8.    The Commission staff must endeavor to eliminate the discriminatory or unfair practice by conference, conciliation and persuasion for a period of 30 days following the initial conciliation meeting between the respondent and the Commission staff after a finding of probable cause. After the expiration of 30 days, the Executive Director may order that the conference, conciliation and persuasion procedures provided in this section be by-passed when the Executive Director determines the procedures unworkable by reasons of past patterns and practices of the respondent, or a statement by the respondent that the respondent is unwilling to continue with the conciliation. The Executive Director must have the approval of a Commissioner before bypassing conciliation, conference and persuasion procedures. Upon the bypassing of conciliation, the Executive Director shall state in writing to the Commission the reasons for bypassing.

69.14    PUBLIC HEARING. back to top

(a)    When the Executive Director is satisfied that further endeavors to settle a complaint by conference, conciliation and persuasion is unworkable and should be bypassed, the 30-day period provided for in subsection (e)8 of Section 69.13 of this chapter has expired without agreement, the Executive Director, with the approval of the investigating Commissioner, or in that person's absence, any other Commissioner so designated by the Chairperson, shall issue and cause to be served a written notice specifying the charges in the complaint as they may have been amended and the reasons for bypassing conciliation, if the conciliation is bypassed, and requiring the Respondent to answer the charges of the complaint at a hearing before the Commission, a Commission panel, or a person designated by the Commission to conduct the hearing, hereafter referred to as a hearing officer, at a time and place to be specified in the notice. Such written notice shall be delivered by personal service as in civil actions or by certified mail return receipt requested.

(b)    The notice shall include:

1.    A statement of the time, place, and nature of the hearing;

2.    A statement of the legal authority and jurisdiction under which the hearing is to be held;

3.    A reference to the particular sections of this chapter and rules involved;

4.    A short and plain statement of the matters asserted. If the Commission is unable to state the matters in detail at the time that the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

(c)    An investigating commissioner or one who filed a complaint shall not participate in the hearing except as a witness nor shall he/she participate in the deliberations of the Commission in such case.

(d)    If a party fails to appear in a public hearing after proper service of a notice, the person(s) conducting the hearing may proceed and make a decision in the absence of the party.

(e)    The burden of proof shall be on the Commission.

(f)    Opportunity shall be afforded all parties to respond and present evidence and agreement on all issues involved and to be represented by counsel at their own expense. The case in support of the complainant may be presented by any members of the Commission staff or by an attorney from the City Attorney's office.

(g)    The record in a case shall include:

1.    All pleadings, motions, and intermediate rulings;

2.    All evidence received or considered and all other submissions;

3.    A statement of all matters officially noted;

4.    All questions and offers of proof, objections, and rulings thereon;

5.    All proposed findings and exceptions;

6.    Any decision, opinion or report by the officer presiding at the hearing;

(h)    Any person who has or claims an interest in the subject of the hearing may in the discretion of the Commission be permitted to appear.

(i)    Oral proceedings shall be open to the public and shall be recorded either by mechanized means or by certified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the Commission for at least 5 years from the date of decision. Notice of public hearing shall be disseminated among local news media at least 5 days prior to the date of the hearing.

(j)    A complaint or any part thereof may be amended by the complainant or by the Commission at any time before final order is entered in the case. However, should an amendment require proof of additional facts then the Commission shall, if circumstances reasonably warrant such action, allow the respondent sufficient time to gather evidence to rebut such facts, which shall include the granting of a continuance or any other relief that may be reasonably appropriate.

(k)    Findings of fact shall be based solely on the evidence in the record and on matters officially noted in the record.

(l)    Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. The Commission shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence maybe required to be submitted in verified written form.

(m)    Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original, if available.

(n)    Witnesses at the hearing, or persons whose testimony has been submitted in written form if available, shall be subject to cross-examination by any party as necessary for a full and true disclosure of the facts.

(o)    Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the Commission. Parties shall be notified at the earliest practicable time, either before or during the hearing, or by reference in preliminary reports, preliminary decisions or otherwise, of the facts proposed to be noticed and their source, including any staff memoranda or data, and the parties shall be afforded an opportunity to contest such facts before the decision is announced unless the Commission determines as part of the record or decision that fairness to the parties does not require an opportunity to contest such facts.

(p)    The Commission's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(q)    When the Commission presides at the reception of the evidence in a public hearing, the decision of the Commission is a final decision.

(r)    When the Commission did not preside at the reception of the evidence in a public hearing, the presiding officer (administrative law judge) shall make a proposed decision. Findings of fact shall be prepared by the administrative law judge presiding at the reception of the evidence in a public hearing unless the officer becomes unavailable to the Commission. If the administrative law judge becomes unavailable, the findings of fact may be prepared by another person qualified to be a presiding officer who has read the record, unless demeanor of witnesses is a substantial factor. If demeanor is a substantial factor and the presiding officer is unavailable, the portions of the hearing involving demeanor shall be heard again or the case shall be dismissed.

(s)    When the presiding administrative law judge makes a proposed decision, that decision then becomes the final decision of the Commission without further proceedings unless there is an appeal to or review on motion of the Commission within the time provided by rule. On appeal from or review of the proposed decision, the Commission has all the power which it would have in initially making the final decision except as it may limit the issues on notice to the parties or by rule. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the Commission, an opportunity shall be afforded to each party to file exceptions, present briefs and, with the consent of the Commission, present oral arguments to the Commission members who are to render the final decision.

(t)    A proposed or final decision or order in a public hearing shall be in writing or stated in the record. A proposed or final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of underlying facts supporting the findings. If, in accordance with Commission rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Each conclusion of law shall be supported by cited authority or by a reasoned opinion. Parties shall be promptly notified of each proposed or final decision or order by the delivery to them of a copy of such decision or order by personal service as in civil actions or by certified mail return receipt requested.

(u)    Any party may file an application for rehearing, stating the specific grounds therefor and the relief sought, within 20 days after the issuance of any final decision by the Commission in a public hearing. A copy of such application shall be timely mailed by the applicant to all parties of record not joining therein. Such an application for rehearing shall be deemed to have been denied unless the Commission grants the application within 20 days after its filing.

69.15    REMEDY. back to top

(a)    If, upon taking into consideration all of the evidence at a hearing, the Commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the Commission shall issue an order denying relief and stating the findings of fact and conclusions of the Commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and respondent.

(b)    If, upon taking into consideration all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discriminatory or unfair practice, the Commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the Commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, and to any other public officers and persons as the Commission deems proper.

1.    For the purposes of this subsection and pursuant to the provisions of this chapter, “remedial action” includes but is not limited to the following:

(A)    Hiring, reinstatement or upgrading of employees with or without pay, interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable;

(B)    Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs;

(C)    Admission of individuals to a public accommodation or an educational institution;

(D)    Sale, exchange, lease, rental, assignment or sublease of real property to an individual;

(E)    Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice;

(F)    Reporting as to the manner of compliance;

(G)    Posting notices in conspicuous places in the respondent's place of business in form prescribed by the Commission and inclusion of notices in advertising material;

(H)    Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees.

2.    In addition to the remedies provided in the preceding provision of this subsection, the Commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the Commission will carry out the purposes of this chapter as follows:

(A)    In the case of a respondent operating by virtue of a license issued by the State of Iowa or the City of Cedar Rapids, or any board, commission, department, agency, or other political subdivision or part thereof within the City of Cedar Rapids, if the Commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by any officer or executive agent acting within the scope of the officer's or agent's employment, the Commission shall so certify to the licensing agency. Unless the Commission finding of a discriminatory or unfair practice is reversed in the course of judicial review the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures.

(B)    In the case of a respondent who is found by the Commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the State of Iowa or City of Cedar Rapids, or any board, commission, department, agency, or other political subdivision or part thereof within the City of Cedar Rapids, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer's or agent's employment, the Commission shall so certify to the contracting agency. Unless the Commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency.

(C)    Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this chapter, and assist the State of Iowa and the City of Cedar Rapids, and any board, commission, department, agency, or other political subdivision or part thereof within the City of Cedar Rapids to refrain from entering into further contracts.

3.    The election of an affirmative action order under paragraph (B) of this subsection shall not bar the election of affirmative remedies provided in paragraph (A) of this subsection.

(c)    The terms of a conciliation agreement reached with the respondent may require him/her to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action as in the judgment of the Commission will carry out the purposes of this chapter, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the Commission of the violation at any time within 6 months of its occurrence. In all cases where a conciliation agreement is entered into, the Commission shall issue an order stating the terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the Commission deems proper. At any time in its discretion the Commission may investigate whether the terms of the agreement are being complied with by the respondent.

Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the Commission shall take appropriate action to assure compliance.

69.16    JUDICIAL REVIEW. back to top

(a)    A person or party who has exhausted all adequate administrative remedies before the Commission and who is aggrieved or adversely affected by any final Commission action is entitled to judicial review thereof under this section. A preliminary, procedural or intermediate Commission action is immediately reviewable if all adequate Commission remedies have been exhausted and review of the final Commission action would not provide an adequate remedy.

(b)    Proceedings for judicial review shall be instituted by filing a petition in the Iowa District Court in and for Linn County within 30 days after the Commission action complained of. For purposes of the time limit for filing the petition for judicial review under this section, the issuance of a final decision of the Commission under this chapter occurs on the date notice of the decision is mailed by certified mail to the parties. Within 10 days after the filing of a petition for judicial review, file stamped copies of the petition shall be mailed by the Petitioner to all parties named in the petition and, if the petition involves review of Commission action following public hearing as provided for in Section 69.14 of this chapter, all parties of record in that case before the Commission. Such mailings shall be jurisdictional and shall be addressed to the parties at their last known mailing address. Proof of mailing shall be by affidavit. Any party of record in a case before the Commission under Section 69.14 of this chapter wishing to intervene and participate in the review proceeding thereon must file an appearance within 45 days from the time that the petition was filed.

(c)    The petition for review shall name the Commission as respondent and shall contain a concise statement of:

1.    The nature of the Commission action which is the subject of the petition;

2.    The particular Commission action appealed from;

3.    The grounds upon which relief is sought;

4.    The relief sought.

(d)    The filing of the petition for review does not itself stay execution or enforcement of any Commission action. Upon application the Commission or the reviewing court may, in appropriate cases, order such a stay pending the outcome of the judicial review proceedings.

(e)    Within 30 days after filing of the petition, or within further time allowed by the court, the Commission shall transmit to the reviewing court the original or a certified copy of the entire record of any proceeding before the Commission which may be the subject of the petition. By stipulation of all parties to the review proceedings, the record of such a proceeding may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for additional costs. The court may require or permit subsequent corrections or additions to the record.

(f)    In proceedings for judicial review of Commission action the court may hear and consider such evidence as it deems appropriate. In proceedings for judicial review of Commission action following public hearing as provided for in Section 69.14 of this chapter, however, the court shall not itself hear any further evidence with respect to those issues of fact whose determination was entrusted by this chapter to the Commission in that proceeding. Before the date set for hearing a petition for judicial review of Commission action following a public hearing as provided for in Section 69.14 of this chapter, application may be made to the court for leave to present evidence in addition to that found in the record of the case. If it is shown to the satisfaction of the court that the additional evidence is material and that there was good reason for failure to present it in the public hearing before the Commission, the court may order that the additional evidence be taken before the Commission upon conditions determined by the court. The Commission may modify its findings and decision in the case by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court and mail copies of the new findings or decisions to all parties.

(g)    The court may affirm, modify or set aside the Commission action, in whole or in part, or remand to the Commission for further proceedings; and enforce such order to the extent that such order is affirmed or modified. The court shall reverse, modify, or grant any other appropriate relief from the Commission action, equitable or legal and including declaratory relief, if substantial rights of the petitioner have been prejudiced because the Commission action is:

1.    In violation of constitutional or statutory provisions or the provisions of this chapter;

2.    In excess of the authority of the Commission;

3.    In violation of Commission rule;

4.    Made upon unlawful procedures;

5.    Affected by other error of law;

6.    In a proceeding for review of Commission action following public hearing as provided for in Section 69.14 of this chapter, unsupported by substantial evidence in the record made before the Commission when that record is viewed as a whole; or

7.    Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

(h)    The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.

(i)    The judicial review provisions of this chapter shall be the exclusive means by which a person or party aggrieved or adversely affected by Commission actions may seek judicial review of such action. However, nothing in this chapter shall abridge or deny any person or party who is aggrieved or adversely affected by any Commission action the right to seek relief from such action in the courts at a time and in a manner authorized by the laws of the State of Iowa.

69.17    JUDICIAL REVIEW—ENFORCEMENT. back to top

(a)    The Commission may obtain an order of court for the enforcement of Commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the Iowa District Court in and for Linn County.

(b)    Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the respondent. Thereupon the Commission shall file with the court a transcript of the record of the hearing before it. The court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the Commission, in whole or in part.

(c)    An objection that has not been urged before the Commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.

(d)    Any party to the enforcement proceeding may move the court to remit the case to the Commission in the interest of justice for the purpose of introducing additional specified and material evidence and seeking findings thereon, providing such party shall show reasonable grounds for the failure to introduce such evidence before the Commission.

(e)    In the enforcement proceeding the court shall determine its order on the same basis as it would in a proceeding reviewing Commission action under Section 69.16, subsection (g) of this chapter.

(f)    The Commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the Commission's order.

(g)    Petitions filed under this section shall be heard expeditiously and determined upon the transcript filed without requirement for printing.

(h)    If no proceeding to obtain judicial review is instituted within 30 days from the service of any order of the Commission under Section 69.14 of this chapter, the Commission may obtain an order of the court for the enforcement of such order upon showing that respondent is subject to the jurisdiction of the Commission and resides or transacts business within the City of Cedar Rapids, Iowa, and the Commission finding of fact and order shall be conclusive in connection with any petition for enforcement.

69.18    SIXTY-DAY ADMINISTRATIVE RELEASE. back to top

(a)    A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the Commission in accordance with Section 69.13. A complainant, after the proper filing of a complaint with the Commission, may subsequently commence an action for relief in the District Court if all of the following conditions have been satisfied:

1.    The complainant has timely filed the complaint with the Commission as provided in Section 69.13; and

2.    The complaint has been on file with the Commission for at least 60 days and the Commission has issued a release to the Complainant pursuant to Section 69.18, subsection (b).

(b)    Upon a request by the complainant, and after the expiration of 60 days from the timely filing of a complaint with the Commission, the Commission shall issue to the complainant a release stating that the Complainant has a right to commence an action in the District Court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint by the Commissioner charged with that duty under Section 69.13, subsection (e), a conciliation agreement has been executed under Section 69.13, the Commission has served notice of hearing upon the respondent pursuant to Section 69.14, subsection (a), or the complaint is closed as an administrative closure and 2 years have elapsed since the issuance date of the closure.

Notwithstanding Section 69.13, subsection (d), a party may obtain a copy of all documents contained in a case file where the Commission has issued a release to the complainant pursuant to this subsection.

(c)    An action authorized under Section 69.18 is barred unless commenced within 90 days after issuance by the Commission of a release under Section 69.18, subsection (b). If a complainant obtains a release from the Commission under Section 69.18, subsection (b), the Commission shall be barred from further action on that complaint.

(d)    Venue for an action under this section shall be in the Iowa District Court for Linn County.

(e)    The District Court may grant any relief in an action under this section which is authorized by Section 69.15, subsection (b), to be issued by the Commission. The District Court may also award the respondent reasonable attorney's fees and court costs when the court finds that the complainant's action was frivolous.

(f)    It is the legislative intent of this chapter that every complaint be at least preliminarily screened during the first 60 days.

This section does not authorize administrative closure if an investigation is warranted.

69.19    FAIR HOUSING. back to top

  back to top

(a)    Definitions. back to top

As used in this section:

1.    “Aggrieved person” includes any person who:

(A)    Claims to have been injured by a discriminatory housing practice; or

(B)    Believes that such person will be injured by a discriminatory housing practice that is about to occur.

2.    “Complainant” means the person who filed a complaint under Section 69.19(f), subsection 1.

3.    “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission.

4.    “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

5.    “Discriminatory housing practice” means an act that is unlawful under subsections 69.19(b), (d), or (e) of this section.

6.    “Dwelling” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.

7.    “Family” includes a single individual.

8.    “Person” includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 (of the United States Code), receivers and fiduciaries.

9.    “Prevailing party” has the same meaning as such term has in Section 722 of the Revised Statutes of the United States (42 U.S.C. 1988).

10.    “Respondent” means:

(A)    The person or other entity accused in a complaint of an unfair housing practice; and

(B)    Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under Section 69.19(f).

11.    “Secretary” means the U.S. Secretary of Housing and Urban Development.

12.    “State” means the state of Iowa and any of its political subdivisions.

13.    “To rent” includes to lease, sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant.

(b)    Prohibitions/Unfair or Discriminatory Practices—Housing. back to top

It shall be an unfair or discriminatory practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment or any person acting under court order, deed of trust, or will:

1.    To refuse to sell or rent or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

2.    To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services of facilities in connection therewith, because of race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

3.    To make, print, or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation, or an intention to make any such preference, limitation or discrimination.

4.    To represent to any person because of race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

5.    For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

6.    (A)     To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

(1)    That buyer or renter; or

(2)    A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

(3)    Any person associated with that buyer or renter.

(B)    To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection with such dwelling, because of a disability of:

(1)    That person;

(2)    A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

(3)    Any person associated with that person.

(C)    For purposes of this subsection, discrimination includes any one of the following:

(1)    A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; or

(2)    A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(3)    In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

a.    The public use and common use portions of such dwellings are readily accessible to and usable by disabled persons;

b.    All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and

c.    All premises within such dwellings contain the following features of adaptive design:

(i)    An accessible route into and through the dwelling;

(ii)    Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii)    Reinforcements in bathroom walls to allow later installation of grab bars; and

(iv)    Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(D)    Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of subsection 6C(3)c)(iii).

(E)    As used in this subsection, the term “covered multifamily dwellings” means:

(1)    Buildings consisting of 4 or more units if such buildings have one or more elevators; and

(2)    Ground floor units in other buildings consisting of 4 or more units.

(F)    Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

(c)    Exemptions. back to top

1.    The provisions of Section 69.19(b), subsections 1, 2, 4, 5 and 6, shall not apply to:

(A)    Any single-family house sold or rented by an owner provided that:

(1)    The private individual owner does not own more than 3 such single-family houses at any one time; and

(2)    In the sale of any single-family house, the private individual owner does not reside in, nor is the most recent resident of such house prior to such sale; the exemption granted by this subsection shall apply to only one such sale within a 24-month period; and

(3)    The bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under express of voluntary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of more than 3 such single-family houses at one time; and

(4)    There is no utilization in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and

(5)    There is no publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 69.19(b), subsection 3. Nothing in this subsection prohibits the utilization of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.

(B)    Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than 4 families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(C)    The renting or leasing of a dwelling in a building which contains housing accommodations for not more than 2 families living independently of each other, if the owner resides in one of the housing accommodations.

(D)    The rental or leasing of fewer than 4 rooms within a single dwelling by the occupant or owner of the dwelling, if the occupant or owner resides in the dwelling.

2.    For purposes of Section 69.19, a person shall be deemed to be in the business of selling or renting dwellings if:

(A)    The person has, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein; or

(B)    The person has, within the preceding 12 months, participated as agent, other than in the sale of the person's own personal residence in providing sales or rental facilities or sales or rental services in 2 or more transactions involving the sale or rental of any dwelling or any interest therein; or

(C)    The person is the owner of any dwelling designed or intended for occupancy by, or occupied by 5 or more families.

3.    Nothing in this section shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, familial status, national origin, creed, age, disability, or sexual orientation. Nor shall anything in this section prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members.

4.    (A)    Nothing in Section 69.19 limits the applicability of the city's Housing Ordinance regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this article regarding familial status or age apply with respect to housing for older persons.

(B)    As used in this subsection “housing for older persons” means housing:

(1)    Provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

(2)    Intended for, and solely occupied by, persons 62 years of age or older; or

(3)    Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the Commission shall develop regulations which require at least the following factors:

a.    The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;

b.    That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

c.    The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(C)    Housing shall not fail to meet the requirements for housing for older persons by reason of:

(1)    Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of Section 69.19(c), subsections 4B(2) and (3), provided that new occupants of such housing meet the age requirements of subsections 4B(2) or (3).

(2)    Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Section 69.19(c), subsections 4B(2) or (3).

(D)    Nothing in this section prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or Chapter 204 of the Iowa Code.

5.    Additional Housing Exception. Sections 69.19(b) and (d) do not prohibit a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, religion, national origin, disability, or familial status in appraising real estate.

(d)    Discrimination in Residential Real Estate-Related Transactions. back to top

1.    In General. It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

2.    Definition. As used in this section, the term “residential real estate-related transaction” means any of the following:

(A)    The making or purchasing of loans or providing other financial assistance:

(1)    For purchasing, constructing, improving, repairing or maintaining a dwelling; or

(2)    Secured by residential real estate.

(B)    The selling, brokering or appraising of residential property.

3.    Appraisal Exemption. Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

(e)    Discrimination in Provision of Brokerage Services. back to top

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, familial status, national origin, creed, age, disability, or sexual orientation.

(f)    Administrative Enforcement—Preliminary Matters. back to top

1.    Complaints and Answers.

(A)    An aggrieved person may, not later than 180 days after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging such discriminatory housing practice. The Commission or a Commissioner may also file such a complaint.

(B)    Such complaints shall be in writing and shall contain such information and be in such form as the Commission requires.

(C)    The Commission may also investigate housing practices to determine whether a complaint should be brought under this section.

(D)    Upon the filing of such a complaint:

(1)    The Commission shall service notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under Section 69.19;

(2)    The Commission shall, not later than 10 days after such filing or the identification of an additional respondent under Section 69.19(f), subsection 1G, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this section, together with a copy of the original complaint;

(3)    Each respondent may file, not later than 10 days after receipt of notice from the Commission, an answer to such complaint; and

(4)    The Commission shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint, unless it is impracticable to do so.

(E)    If the Commission is unable to complete the investigation within 100 days after the filing of the complaint, the Commission shall notify the complainant and respondent in writing of the reasons for not doing so.

(F)    Complaints and answers shall be under oath or affirmation, and may be reasonable and fairly amended at any time.

(G)    A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice. Such notice, in addition to meeting the requirements of Section 69.19(f), subsection 1A, shall explain the basis for the Commission's belief that the person to whom the notice is addressed is properly joined as a respondent.

2.    Investigation Report and Conciliation.

(A)    Beginning with the filing of a complaint, the Commission shall, to the extent feasible, engage in conciliation with respect to such complaint.

(B)    A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Commission.

(C)    A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.

(D)    Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Commission determines that disclosure is not required to further the purposes of this section.

(E)  (1)     At the end of each investigation under this section, the Commission shall prepare a final investigative report containing:

a.    The names and dates of contacts and witnesses;

b.    A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;

c.    A summary description of other pertinent records;

d.    A summary of witness statements; and

e.    Answers to interrogatories.

(2)    A final report under this subsection may be amended if additional evidence is later discovered.

3.    Failure to Comply with Conciliation Agreement. Whenever the Commission has probable cause to believe that a respondent has breached a conciliation agreement, the Commission shall, subject to the approval of the City Council, pursue all available judicial remedies provided by law which, in the Commission's opinion, will best and most effectively carry out the conciliation agreement, and they may recommend that a civil action be filed for the enforcement of such agreement.

4.    Prohibitions and Requirements with Respect to Disclosure of Information.

(A)    Nothing said or done in the course of conciliation under this section may be made public or used as evidence in a subsequent proceeding under Section 69.19 without the written consent of the persons concerned.

(B)    Notwithstanding Section 69.19, subsection 4A, the Commission shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Commission investigation, information derived form an investigation and any final investigative report relating to that investigation.

5.    Prompt Judicial Action. If the Commission reasonably concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of Section 69.19, the Commission may, after obtaining approval of the City Council, commence a civil action in accordance with the Iowa Rules of Civil Procedure and this chapter. Commencement of judicial action under this section or under Section 69.19(f)3 shall not stay any proceedings which may have been commenced under Section 69.19.

(g)    Probable Cause Determination and Effect. back to top

1.    If the Commission determines that probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the Commission shall immediately issue a determination unless the Commission determines that the legality of a zoning or land use law or ordinance is involved as provided in Section 69.19(g), subsection 4.

2.    A cause determination must:

(A)    Consist of a short and plain statement of the facts on which the Commission has found probable cause to believe that a discriminatory housing or real estate practice has occurred or is about to occur;

(B)    Be based on the final investigative report; and

(C)    Need not be limited to the facts or grounds alleged in the complaint.

3.    Not later than 20 days after the Commission issues a cause determination, unless it is impracticable to do, the Commission shall send a copy of the determination with information as to how to make an election under Section 69.19(h) to all of the following persons:

(A)    Each respondent; and

(B)    Each aggrieved person on whose behalf the complaint was filed.

4.    If the Commission determines that no probable cause exists to believe that a discriminatory housing or real estate practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint.

5.    The Commission shall not issue a determination under Section 69.19(g), regarding an alleged discriminatory housing or real estate practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to the discriminatory housing or real estate practice.

(h)    Enforcement by Commission. back to top

1.    Election of Judicial Determination. When a probable cause determination has been issued, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that complaint decided in a civil action under Section 69.18L in lieu of a hearing under Section 69.19(h), subsection 6. The election must be made not later than 20 days after such service. The person making such election shall give notice of doing so to the Commission and to all other complainants and respondents to whom the complaint relates.

2.    Administrative Law Judge Hearing in Absence of Election. If an election is not made under Section 69.19(h), subsection 1, with respect to a complaint, the Commission shall provide an opportunity for a hearing on the record with respect to the complaint issued under Section 69.19(f). The Commission shall delegate the conduct of a hearing under this section to an administrative law judge appointed by the Commission.

3.    Rights of Parties. At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses and obtain the issuance of subpoenas under Section 69.05(n). Any aggrieved person may intervene as a party in the proceeding. The Iowa Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in Linn County District Court.

4.    Expedited Discovery and Hearing.

(A)    Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence.

(B)    A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.

5.    Resolution of Charge. Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.

6.    Hearings, Findings and Conclusions and Order.

(A)    The administrative law judge shall commence the hearing under this section no later than 120 days following the probable cause determination, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the determination, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for not doing so.

(B)    The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the Commission, the aggrieved person on whose behalf the charge was filed, and the respondent in writing of the reasons for not doing so.

(C)    If the administrative law judge finds that a respondent has engaged or is about to engage is a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by Code of Iowa Chapter 216.15A.

(D)    No such order shall affect any contract, sale, encumbrance or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrance or tenant without actual notice of the charge filed under Section 69.19.

(E)    In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Commission shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed 30 days after such order is in substance affirmed upon such review):

(1)    Send copies of the findings of fact, conclusion of law, and the order, to that governmental agency; and

(2)    Recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the respondent).

(F)    If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The Commission shall make public disclosure of each such dismissal.

(G)    An administrative law judge may not continue administrative proceedings under Section 69.19 regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under a federal or state law, seeking relief with respect to that discriminatory housing practice.

(i)    Review by Commission—Service of Final Order. back to top

1.    The Commission may review any finding, conclusion or order issued under Section 69.19(h). Such review shall be completed not later than 30 days after the finding, conclusion or order is so issued; otherwise the finding, conclusion or order becomes final.

2.    The Commission shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding.

(j)    Judicial Review. Review of Order. back to top

Any party aggrieved be a final order for relief under Section 69.19 granting or denying in whole or in part the relief sought may obtain review of such order by filing a petition for review not later than 30 days after the order is issued in Linn County District Court according to Section 69.16 of this chapter.

(k)    Civil Action Elected—Housing. back to top

1.    A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the charges asserted in the complaint decided in a civil action as provided by Section 69.19.

(A)    The election must be made not later than 20 days after the date of receipt by the electing person of service under Section 69.19(h), subsection 1, or, in the case of the Commission, not later than 20 days after the date of such service.

(B)    The person making the election shall give notice to the Commission and to all other complainants and respondents to whom the election relates.

(C)    The election to have the charges of a complaint decided in a civil action as provided here is available only if it is alleged that there has been a violation of Section 69.19.

2.    An aggrieved person may, as provided by Code of Iowa, Chapter 216.16A, file a civil action in District Court not later than 2 years after the occurrence of the termination of an alleged discriminatory housing or real estate practice or the breach of a conciliation agreement entered into in Section 69.19(f), whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing or real estate practice or breach.

(A)    The 2-year period does not include any time during which a public hearing under Section 69.19(h) is pending with respect to a complaint or charge based on the discriminatory housing or real estate practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

(B)    An aggrieved person may file an action under this section whether or not a discriminatory housing or real estate complaint has been filed under Section 69.19(f) and without regard to the status of any discriminatory housing or real estate complaint filed under that section.

(C)    Except an aggrieved person shall not file an action under this subsection with respect to an alleged discriminatory housing or real estate practice that forms the basis of a charge issued by the Commission if the Commission has begun a hearing on the record under Section 69.19 with respect to the charge.

(D)    If the Commission has obtained a conciliation  agreement with the consent of an aggrieved person, the aggrieved person shall not file an action under this section with respect to the alleged discriminatory practice that forms the basis for the complaint except to enforce the terms of the agreement.

(l)    Civil Proceedings—Housing. back to top

1.    Additional civil proceedings are available in the area of housing as follows:

(A)    If timely election is made under Section 69.19(h), the parties are entitled to all rights, protections and remedies provided by Iowa Code Chapter 216.17A.

(B)    An aggrieved person may intervene in the action.

(C)    If the District Court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the District Court may grant any relief that a court may grant in a civil action under Code of Iowa Chapter 216.17A.

(D)    If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the District Court as provided by Code of Iowa Chapter 216.17A shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the District Court.

2.    A Commission order under Section 69.14 and Section 69.19(f), and a Commission order that has been substantially affirmed by judicial review, do not affect a contract, sale, encumbrance, or lease that was consummated before the commission issued the order and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge issued under this section.

3.    If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Commission, not later than 30 days after the date of issuance of the order, shall do all of the following:

(A)    Send copies of the findings and the order to the governmental agency;

(B)    Recommend to the governmental agency appropriate disciplinary action.

4.    If the Commission issues an order against a respondent against whom another order was issued within the preceding 5 years under Section 69.14 and Section  69.19(f), the Commission shall send a copy of each order under that section to the State Attorney General.

5.    On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory practice is alleged, the District Court may, as provided by Code of Iowa, Chapter 216.17A, appoint an attorney for the person.

6.    In an action under this section, if the District Court finds that a discriminatory housing or real estate practice has occurred or is about to occur, the District Court may, as provided by Code of Iowa, Chapter 216.17A, award or issue to the plaintiff one or more of the following:

(A)    Actual and punitive damages;

(B)    Reasonable attorney's fees;

(C)    Court costs;

(D)    Subject to Section 69.19(l), subsection 7, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.

7.    Relief granted under this section does not affect a contract, sale, encumbrance, or lease that was consummated before the granting of the relief and involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under Section 69.19(f) or a civil action under this section.

8.    In an action under Section 69.19(l), the District Court may, as provided by Code of Iowa Chapter 216.17A, do any of the following:

(A)    Order preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of housing rights as necessary to assure the full enjoyment of the housing rights granted by Section 69.19;

(B)    Order other appropriate relief, including the awarding of monetary damages, reasonable attorney's fees, and court costs;

(C)    To vindicate the public interest, assess a civil penalty against the respondent in an amount not to exceed those established by Code of Iowa Chapter 216.17A as follows:

(1)    Fifty thousand dollars for a first violation,

(2)    One hundred thousand dollars for a second or subsequent violation.

9.    A person may intervene in an action under Section 69.19(l) if the person is any of the following:

(A)    An aggrieved person to the discriminatory housing or real estate practice;

(B)    A party to a conciliation agreement concerning the discriminatory housing or real estate practice.

10.    A court in a civil action brought under Section 69.19 or the Commission in an administrative hearing under Section 69.14 or Section 69.19(f) may award reasonable attorney's fees to the prevailing party.

(m)    Conciliation and Persuasion. back to top

Immediately after a finding of probable cause, or sooner, if the complainant and respondent consent, the staff and the Executive Director shall endeavor to eliminate the illegal discriminatory practice by conciliation and persuasion. If the complaint is successfully resolved to the satisfaction of the Commission, complainant and respondent through conferences, conciliation and persuasion, it shall be formalized in a binding written agreement signed by a representative of the Commission, complainant and respondent and the Commission shall furnish both the complainant and respondent with a copy of terms of the conciliation.

(n)    Failure to Honor Commitment. back to top

The Commission may investigate a conciliated complaint at a later date to assure that the respondent is complying with the terms of the conciliation. In any case where the respondent has made commitments in the conciliation and the Commission finds that the commitments have not been kept, it may open all of its files, previous complaints and proceedings involving the respondent for public inspection and proceed with such further steps as it finds appropriate, including initiation of a proceeding in Linn County District Court to effectuate the purposes of Chapter 69.19.

(o)    Confidentiality. back to top

1.    In the event that a complaint is successfully conciliated or it is found that no discrimination was practiced, the names of the parties to the complaint and all proceedings with regard to such parties and the place or places of alleged discrimination shall be and remain confidential unless otherwise agreed by mutual consent of the parties; provided, however, that the terms of the conciliation may be published. This section shall not prohibit disclosure made in connection with the conduct of an investigation or any disclosure to the Iowa Civil Rights Commission or a similar government agency conducting an investigation involving illegal discriminatory practices.

2.    The members of the commission and its staff shall not disclose the filing of a complaint, the information gathered during the investigation, or the endeavor to eliminate such illegal discriminatory practice by conciliation or persuasion except when such disclosure is made in connection with the conduct of the investigation. The identity of individuals interviewed shall remain confidential except as the disclosure of their identity becomes necessary at the time of public hearing.

3.    In the event a complaint is not successfully conciliated and a determination has been made to proceed to public hearing, the Executive Director shall promptly forward to the respondent the names and addresses of those persons who shall be called as witnesses at such public hearing.

(p)    Cooperation with State and Federal Agencies Administering Fair Housing Laws. back to top

The Commission may cooperate with state and federal agencies charged with the administration of state and federal fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and in furtherance of such cooperative efforts, the Commission may enter into written agreements with such state or federal agencies.

(q)    Effective Date. back to top

This chapter shall take effect after its passage and publication as provided by law. (2-99)

(Note: Chapter 69 adopted by Ordinance No. 25-94, passed June 22, 1994 and published June 28, 1994.)