Anti-Discrimination Center

Sec. 13-300. General definitions. back to top

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

(a) Age: All ages 40 and above.

(b) Aggrieved person: Any person who:

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

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

(c) Complaint: A written statement under oath or affirmation which alleges an unlawful practice and which is filed with the director.

(d) Complaint filed with the director: A complaint which is received and accepted by the director for further action.

(e) Complainant: The individual making a complaint alleging an unlawful practice, or the director.

(f) Conciliation: The attempted resolution of issues raised by a complaint filed pursuant to this article, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the director.

(g) Conciliation agreement: A written agreement setting forth the resolution of the issues in conciliation.

(h) Director: The human rights and relations director or a designate.

(i) Discrimination: Any act or failure to act, whether by itself or as a part of a practice, the effect of which is to differentiate between or among individuals or groups of individuals by reason of race, color, creed, religion, sex, marital status, national origin, age, disability/handicap or familial status.

(j) Disability/handicap: The physical or mental condition of an individual who:

(1) Has a physical or mental impairment which substantially limits one or more major life activities;

(2) Has a record of such impairment; or

(3) Is regarded as having such impairment; but such does not include current, illegal use of or addiction to a controlled substance as defined by federal and state law.

(k) Dwelling: 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 thereon of any such building, structure, or portion thereof.

(l) Familial status: One or more individuals who have not attained the age of 18 years, being domiciled with:

(1) A parent or another person having legal custody of such individual or individuals.

(2) The designee of such parent or other person having such custody with the written permission of such parent or other person.  The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing the legal custody of any individual who has not attained the age of 18.

(m) Financial institution:

(1) Any bank, banking organization, mortgage company, insurance company or other lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, maintenance or improvement of real property; or

(2) Any agent of a financial institution.

(n) Hearing board: The civil rights hearing board established commencing at section 13-123 of this chapter.

(o) Housing accommodation: Any unit of real property which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals.

(p) Individual: Includes individuals.

(q) Marital status: The state of being married, single, divorced, separated or widowed, or the changing of such state.

(r) National origin: Ancestry, lineage, name, place of birth or any factor indicative of any of these; includes the national origin of an ancestor.

(s) Person: Any individual, association, committee, corporation, joint apprenticeship committee, joint-stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, and any other legal or commercial entity, a city, a political subdivision, or any governmental entity or agency, excluding the United States of America and the State of Nebraska, or any agent or representative of any of the foregoing.

(t) Real property: Any buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums and hereditaments, corporeal and incorporeal, or any interest therein.

(u) Real property transaction: Exhibiting, listing, advertising, negotiating, agreeing to transfer or transferring, whether by sale, lease, sublease, rent, assignment or other agreement, any interest in real property.

(v) Respondent: Any person against whom a complaint has been filed.

(w) Sex: The state of being either male or female.

(x) Unlawful practice: A practice or act within the city which is designated as discriminatory under the terms of this article.

Note: Neither the term "individual with handicaps" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite.

(Code 1980, § 13-300; Ord. No. 37101, § 2, 8-9-05)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 13-301. Administrative powers and duties of director. back to top

To administer this article, the director shall have the following powers and duties:

(a) To receive, initiate, investigate, determine the merits of, attempt to settle, settle, dismiss and petition for administrative hearing complaints alleging an unlawful practice; and to file actions in a court of competent jurisdiction seeking relief pursuant to this article from unlawful practices.

(b) To request answers to interrogatories; to enter and inspect, during normal business hours, a respondent's business premises; to examine and copy records; to question witnesses; and otherwise to investigate such facts, conditions, practices or matters as the director determines relevant to a complaint.

(c) To compel by a subpoena issued by the mayor the attendance of individuals at a deposition and/or the production of books, writings or other evidence. If a person fails to comply with a subpoena issued under this article, the director may petition the district court to enforce the subpoena.

(d) To furnish technical assistance requested by persons subject to this article to further their compliance with this article or an order issued thereunder.

(e) To make studies appropriate to effectuating the purposes and policies of this article and to make the results thereof available to the public.

(f) To establish procedures to govern, expedite and effectuate the provisions of this article.

(g) To monitor the compliance of a respondent with the terms and conditions of any agreement settling a complaint and/or any order issued by the hearing board.

(h) To conduct such educational, investigatory and conciliatory activities as in the director's judgment will further the purposes of this article.

(i) To adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of this article.

(j) To delegate such responsibilities, duties and authority as the director deems necessary to effectuate the purposes and provisions of this article.

(Code 1980, § 13-301)

Secs. 13-302--13-320. Reserved. back to top

Sec. 13-321. Unlawful practices generally. back to top

For purposes of this article, it is an unlawful practice for any person, wholly or partially, because of race, color, creed, religion, sex, marital status, national origin, age or disability/handicap or familial status to do any of the following:

(a) To fail or refuse to negotiate or engage in a real property transaction with a person.

(b) To discriminate against a person in the terms, conditions or privileges of a real property transaction or in the furnishing of facilities or services in connection therewith.

(c) To include in the terms or conditions of a real property transaction any discriminatory clause, condition or restriction.

(d) To refuse to receive or to fail to transmit a bona fide offer to engage in a real property transaction.

(e) To represent falsely that an interest in real property is not available for transaction.

(f) To print, publish, circulate or display or cause to be so printed, published, circulated or displayed any advertisement, notice or statement in connection with any prospective real property transaction which indicates, directly or indirectly, a discriminatory limitation or specification or an intention to make such discriminatory limitation or specification.

(g) To offer, solicit, accept, use or retain a listing of real property in such a way that a person is likely to be discriminated against in a real property transaction or in the furnishing of facilities or services in connection therewith.

(h) To deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, appraisal service or other service, organization or facility relating to the business of selling or renting real property, or to discriminate against any person in the terms or conditions of such access, membership or participation.

(i) To do any of the following:

(1) Resist, prevent, impede or interfere with the director in the lawful performance of duty under this article.

(2) Obstruct or prevent a person from complying with the provisions of this article.

(3) Retaliate against, coerce, intimidate, threaten or interfere with a person because the person:

1. Has alleged the existence of a practice unlawful under this article.

2. Has opposed a practice forbidden by this article.

3. Has made a complaint, testified, assisted or participated in an investigation, proceeding or hearing under this article.

(Code 1980, § 13-321)

Sec. 13-322. Unlawful financial practices. back to top

For purposes of this article, it is an unlawful practice for any financial institution to do any of the following:

(a) To discriminate against a person, wholly or partially, because of race, color, creed, religion, sex, marital status, familial status, national origin, age or disability/handicap in granting, withholding, extending, modifying or renewing the rates, terms, conditions, privileges or other provisions of financial assistance or in the extension of services in connection therewith.

(b) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with application for financial assistance which indicates, directly or indirectly, a limitation, specification or discrimination as to race, color, creed, religion, sex, marital status, familial status, national origin, age or disability/handicap or an intention to make such a limitation, specification or discrimination.

(c) To consider the race, color, creed, religion, sex, marital status, familial status, national origin, age or disability/handicap of the occupants of the neighborhood in which the real property is located in granting, withholding, extending, modifying or renewing the rates, terms, conditions, privileges or other provisions of financial assistance in the extension of services in connection therewith.

(d) To consider race, color, creed, religion, sex, marital status, familial status, national origin, age or disability/handicap in making or purchasing a loan or providing financial assistance for purchasing, constructing, rehabilitating or maintaining a dwelling or secured by real estate.

(Code 1980, § 13-322)

Sec. 13-323. Blockbusting. back to top

For purposes of this article, it is an unlawful practice for a person, for profit, to induce or attempt to induce any person to engage in a real property transaction by representations regarding the entry or prospective entry into the block, neighborhood or area of:

(a) A person of a particular race, color, creed, religion, sex, marital status, familial status, national origin or age; or

(b) A person having a particular disability/handicap.

(Code 1980, § 13-323)

Sec. 13-324. "Covered multifamily dwellings" defined. back to top

As used in this article, the term "covered multifamily dwellings" means:

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

(b) Ground floor units in other buildings consisting of four or more units.

(Code 1980, § 13-324)

Sec. 13-325. Accessibility and usability for handicapped persons--Unlawful practices; construction standards. back to top

For purposes of this article it is an unlawful practice for any person to do any of the following:

(a) To refuse to permit, at the expense of the disabled/handicapped 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.

(b) To refuse to make reasonable accommodations in policies, rules, practices, or services when such accommodations are necessary to provide a disabled individual the opportunity to enjoy a dwelling.

(c) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 12, 1991, a failure to design and construct those dwellings in such a manner that:

(1) The public use and common use portions of such dwellings are readily accessible to and usable by disabled/handicapped persons.

(2) All doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled/handicapped persons in wheelchairs.

(3) All premises within such dwellings contain the following features of adaptive design:

a. An accessible route into and through the dwelling.

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.

c. Reinforcements in bathroom walls to allow later installment of grab bars.

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

(Code 1980, § 13-325)

Sec. 13-326. Same--Compliance with ANSI standards. back to top

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 section 13-325.

(Code 1980, § 13-326)

Sec. 13-327. Same--Determination of compliance. back to top

(a) If the federal, state or unit of local government has incorporated into its laws the requirements set forth in sections 13-325 and 13-326, compliance with such laws shall be deemed to satisfy the requirements of those paragraphs.

(b) The federal, state and/or unit of local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of sections 13-325 and 13-326 are met.

(c) The director shall encourage, but may not require, units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings determinations as to whether the design and construction of such dwellings are consistent with sections 13-325 and 13-326. The director shall further provide technical assistance to units of local government and other persons to implement the requirements of sections 13-325 and 13-326.

(d) Nothing in this article shall be construed to require the director to review or approve the plans, designs or construction of all covered multifamily dwellings to determine whether the design and construction of such dwellings are consistent with the requirements of sections 13-325 and 13-326.

(Code 1980, § 13-327)

Sec. 13-328. Exception for tenancy constituting threat to health, safety or property. back to top

Nothing in this article 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.

Sec. 13-329. Exemptions generally. back to top

The following are exemptions to this article:

(a) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence, except that said rooms or units in dwellings shall be subject to section 13-321(f).

(b) Nothing in this article 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 unless membership in such religion is restricted on account of race, color, or national origin; nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(c) The term "familial status" does not apply to housing for older persons. As used in this section, "housing for older persons" means any of the following:

(1) Housing provided under any state or federal program that has been determined by the federal government to be specifically designed and operated to assist elderly persons as that term is defined in the state or federal program.

(2) Housing intended for, and solely occupied by, persons 62 years of age or older.

(3) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit.

(d) In determining whether housing qualifies as housing for older persons under subsection (c), the director shall develop regulations that follow federal fair housing regulations, which require all the following:

(1) 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.

(2) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit.

(3) 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.

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

(1) Persons residing in such housing as of the date of the enactment of the Fair Housing Act who do not meet the age requirements as set forth herein, provided new occupants of such housing meet the age requirements set forth herein.

(2) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements set forth herein.

Sec. 13-330. Real estate transaction exemptions. back to top

Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, creed, age, marital status, religion, national origin, sex, handicap, or familial status, or a financial institution to take into consideration a person's ability and willingness to repay any such financial assistance; or limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

(Code 1980, § 13-330)

Sec. 13-331. Denial of housing to persons convicted of manufacturing or distributing controlled substance. back to top

Nothing in this article 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 Substance Act (21 USC 802) and as defined by Nebraska law.

(Code 1980, § 13-331)

Secs. 13-332--13-350. Reserved.

back to top

Sec. 13-351. Complaints and answers. back to top

(a) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the director alleging such discriminatory housing practice. The director, on the director's own initiative, may also file such a complaint.

(b) Such complaint shall be in writing and shall contain such information and be in such form as the director requires.

(c) The director 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 director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this article.

(2) The director shall, not later than ten days after such filing or the identification of an additional respondent under subsection (i), 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 article, together with a copy of the original complaint.

(e) Each respondent may file, not later than ten days after receipt of notice from the director, an answer to such complaint.

(f) The director shall make an investigation of the alleged discriminatory housing practice within 30 days from the date the director receives the complaint and complete such investigation within 100 days after the filing of the complaint, unless it is impracticable to do so.

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

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

(i) 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 from the director to such person pursuant to subsection (d) herein.

(j) Such notice, in addition to meeting the requirements of subsection (d) of this section, shall explain the basis for the director's belief that the person to whom the notice is addressed is properly joined as a respondent.

(Code 1980, § 13-351)

Sec. 13-352. Final disposition date. back to top

The director shall make final administrative disposition of a complaint filed under this article within one year from the date the director receives the complaint, unless it is impracticable to do so.

(Code 1980, § 13-352)

Sec. 13-353. Extension of time. back to top

If the director is unable to make final disposition of a complaint filed under this article within one year from the date the director receives the complaint, the director shall notify the complainant and respondent of the reasons.

(Code 1980, § 13-353)

Sec. 13-354. Conciliation. back to top

During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the director, the director shall, to the extent feasible, engage in conciliation with respect to such complaint.

(Code 1980, § 13-354)

Sec. 13-355. Effect of conciliation agreement. back to top

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 director and the Secretary of Housing and Urban Development.

(Code 1980, § 13-355)

Sec. 13-356. Arbitration. back to top

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

(Code 1980, § 13-356)

Sec. 13-357. Disclosure of terms of conciliation agreement. back to top

Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this article.

(Code 1980, § 13-357)

Sec. 13-358. Contents of investigative report. back to top

At the end of each investigation under this section, the director shall prepare a final investigative report containing:

(a) The names and dates of contacts with 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.

(e) Answers to interrogatories.

(Code 1980, § 13-358)

Sec. 13-359. Amendment of investigative report. back to top

A final report may be amended if additional evidence is later discovered.

(Code 1980, § 13-359)

Sec. 13-360. Failure to comply with conciliation agreement. back to top

Whenever the director has reasonable cause to believe that a respondent has breached a conciliation agreement, the director shall file a civil action for the enforcement of such agreement.

(Code 1980, § 13-360)

Sec. 13-361. Confidentiality of information. back to top

For purposes of this article:

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

(b) Notwithstanding paragraph (a) herein, the director shall make available to the aggrieved person and the respondent, at any time, upon request, during or upon completion of the director's investigation, information derived from an investigation and any final investigative report relating to that investigation.

(Code 1980, § 13-361)

Sec. 13-362. Temporary or preliminary judicial relief. back to top

If the director concludes at any time following the filing of a complaint filed pursuant to this article that prompt judicial action is necessary to carry out the purposes of this article, the director may initiate a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. The commencement of a civil action under this section does not affect the initiation or continuation of the administrative proceedings.

(Code 1980, § 13-362)

Sec. 13-363. Pattern or practice cases. back to top

Whenever the director has reasonable cause to believe that any 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 article, or that any group of persons has been denied any of the rights granted by this article, the director may commence a civil action in any appropriate court.

(Code 1980, § 13-363)

Sec. 13-364. Reasonable cause determination. back to top

The director shall, within 100 days after the filing of a complaint under this article, determine, based on the facts, whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so, or unless the director has approved a conciliation agreement with respect to the complaint. If the director is unable to make the determination within 100 days from the filing of the complaint, the director shall notify the complainant and respondent in writing of the reasons for not doing so.

(Code 1980, § 13-364)

Sec. 13-365. Filing and contents of charge. back to top

If the director determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, in violation of this article, the director shall immediately issue a charge on behalf of the aggrieved person for further proceedings under section 13-369. Such charge:

(a) Shall consist of a short and plain statement of the facts upon which the director has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur.

(b) Shall be based on the final investigative report.

(c) Need not be limited to the facts or grounds alleged in the complaint filed pursuant to section 13-351.

(Code 1980, § 13-365)

Sec. 13-366. Finding of no probable cause. back to top

If the director determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur in violation of this article, the director shall promptly dismiss the complaint. The director shall make public disclosure of each such dismissal.

(Code 1980, § 13-366)

Sec. 13-367. Effect of pending judicial action. back to top

The director may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an act of Congress or a state law seeking relief with respect to that discriminatory housing practice.

(Code 1980, § 13-367)

Sec. 13-368. Service of charge. back to top

After the director issues a charge under this article, the director shall cause a copy thereof, together with information as to how to make an election under section 13-369 and the effect of such an election, to be served:

(a) On each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made.

(b) On each aggrieved person on whose behalf the charge was filed.

(Code 1980, § 13-368)

Sec. 13-369. Election of judicial determination. back to top

When a charge is filed under section 13-365, a complainant, a respondent, or an aggrieved person on whose behalf the charge was filed may elect to have the claims asserted in that charge decided in a civil action under section 13-380 in lieu of a hearing under section 13-377. The election must be made not later than 20 days after the receipt by the electing person of service under section 13-368 or, in the case of the director, not later than 20 days after such service. The person making such election shall give notice of doing so to the director and to all other complainants and respondents to whom the charge relates. The director shall commence a civil action in a court of competent jurisdiction forthwith.

(Code 1980, § 13-369)

Sec. 13-370. Hearing in absence of election of judicial determination. back to top

If an election is not made under section 13-369 with respect to a charge filed under section 13-365, the civil rights hearing board shall provide an opportunity for a hearing on the record with respect to a charge issued under section 13-365. The civil rights hearing board may delegate the conduct of a hearing under this section to a hearing examiner.

(Code 1980, § 13-370)

Sec. 13-371. Issuance of subpoenas. back to top

Upon written application to the civil rights hearing board, the civil rights hearing board may issue to the director and the respondent subpoenas requiring attendance and the giving of testimony and the production of books, writings or other evidence. Any subpoena so issued shall show on its face the name and address of the party at whose request the civil rights hearing board issued the subpoena.

(Code 1980, § 13-371)

Sec. 13-372. Enforcement of subpoenas. back to top

If either the respondent or the director fails to comply with a subpoena issued under section 13-371 of this article, the party on whose behalf the subpoena was issued may petition the district court to enforce the subpoena.

(Code 1980, § 13-372)

Sec. 13-373. Rights of parties; evidence. back to top

At a hearing under this article, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas. Any aggrieved person may intervene as a party in the proceeding. The Nebraska Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a state district court.

(Code 1980, § 13-373)

Sec. 13-374. Discovery; conduct of hearing. back to top

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

(b) A hearing under this article 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.

(c) The director shall, not later than 180 days after the date of enactment of this article [January 28, 1992], issue rules to implement this article.

(Code 1980, § 13-374)

Sec. 13-375. Resolution of charge prior to final order. back to top

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

(Code 1980, § 13-375)

Sec. 13-376. Effect of trial of civil action on administrative proceedings. back to top

The civil rights hearing board may not continue administrative proceedings under this article regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party seeking relief with respect to that discriminatory housing practice.

(Code 1980, § 13-376)

Sec. 13-377. Findings and order by hearing board. back to top

(a) Time limit for commencing hearing. The civil rights hearing board shall commence the hearing under this article no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the board is unable to commence the hearing within 120 days after the issuance of the charge, the civil rights hearing board shall notify the director, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing, of the reasons for not doing so.

(b) Time limit for making findings. The civil rights hearing board 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 civil rights hearing board is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the civil rights hearing board shall notify the director, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing, of the reasons for not doing so.

(c) Issuance of order; assessment of civil penalty. If the board finds that a respondent has engaged or is about to engage in a discriminatory housing practice, the board shall promptly issue an order for such relief as may be appropriate, which may include 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 to the extent authorized by state and federal fair housing law:

(1) In an amount not exceeding $10,000.00 if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

(2) In an amount not exceeding $25,000.00 if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of this charge; and

(3) In an amount not exceeding $50,000.00 if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this charge; except that, if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in paragraphs (2) and (3) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.

(d) Effect of order on existing contracts or sales. No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article.

(e) Notification of licensing or regulatory agencies. In the case of any order with respect to a discriminatory housing practice that occurred in the course of a business subject to a license or regulation by a governmental agency, the director 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, conclusions of law, and the order to that governmental agency.

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

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

(g) Review by director; service of final order.

(1) The director may review any finding, conclusion, or order issued under subsections (a) through (f) of this section.

(2) 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.

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

(Code 1980, § 13-377)

Sec. 13-378. Judicial review. back to top

Any party aggrieved by a final order for relief under this article granting or denying in whole or in part the relief sought may obtain a review of such order pursuant to R.R.S. 1943, § 25-1901 et seq., by filing a petition in error in the district court of Douglas County, Nebraska, within the statutory period of time.

(Code 1980, § 13-378)

Sec. 13-379. Court enforcement of administrative order upon petition by director. back to top

(a) The director may petition any court in the district in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the civil rights hearing board, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order.
(b) The director shall file in court, with the petition, the record in the proceeding, and shall serve a copy of the petition and a copy of the record in the proceedings on each party to the proceeding before the board.

(Code 1980, § 13-379)

Sec. 13-380. Civil action for enforcement when election is made for such civil action. back to top

If an election is made under section 13-369, the director shall commence and maintain a civil action on behalf of the aggrieved person in a court of competent jurisdiction seeking relief under this article.

(Code 1980, § 13-380)

Sec. 13-381. Enforcement by private persons. back to top

To the extent that the following is consistent with state and federal law:

(a) An aggrieved person may commence a civil action in an appropriate 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 subsection does not apply to actions from breach of a conciliation agreement.

(c) An aggrieved person may commence a civil action under this article whether or not a complaint has been filed under section 13-351 and without regard to the status of any such complaint, but, if the director or the federal or state agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed pursuant to this article 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.

(d) An aggrieved person may not commence a civil action under this article with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the director if the civil rights hearing board has commenced a hearing on the record under this article with respect to such charge.

(Code 1980, § 13-381)