Section 4622 - Limitations on attorneys' fees and damages; procedures1.Limitation. Attorney's fees under section 4614 and civil penal damages or compensatory and punitive damages under section 4613 may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil action, the plaintiff first filed a complaint with the commission and the commission either: A. Dismissed the case under section 4612, subsection 2 or subsection 2-A, paragraphs A and B and D to F; [2021, c. 366, §21(AMD).]B. Failed, within 90 days after finding reasonable grounds to believe that unlawful discrimination occurred, to enter into a conciliation agreement to which the plaintiff was a party; [2003, c. 279, §1(AMD).]C. Issued a right-to-sue letter under section 4612, subsection 6; or [2009, c. 235, §4(AMD).]D. Dismissed the case in error. [2003, c. 279, §3(NEW).] If the commission issued a right-to-sue letter, the plaintiff may not be awarded attorney's fees, civil penal damages or compensatory and punitive damages unless the plaintiff establishes that the plaintiff received the right-to-sue letter before filing the civil action.
This subsection does not apply to or limit any remedies for civil actions filed under subchapter 5 if one or more additional causes of action are alleged in the same civil action that do not require exhaustion of administrative remedies or subchapter 4 if the allegations are covered by the federal Fair Housing Act, 42 United States Code, Chapter 45.
[2023, c. 255, §2(AMD).]
2.Advancement on docket; priority. If the plaintiff alleges and establishes that the conditions of subsection 1 have been met, the action may also be advanced on the docket and given priority over other civil actions. [1981, c. 255, §4(NEW).]
Amended by 2023SP1, c. 255,§ 2, eff. 10/25/2023.Amended by 2021SP1, c. 366,§ 21, eff. 10/18/2021.Amended by 2019, c. 465,§ 8, eff. 9/19/2019.Amended by 2012, c. 613,§ 23, eff. 9/1/2012.1971, c. 501, § 1 (NEW) . 1973, c. 347, § 14 (AMD) . 1981, c. 255, § 4 (RPR) . 1993, c. 327, §§3,4 (AMD) . 1995, c. 393, § 30 (AMD) . 1997, c. 400, § 2 (AMD) . 2003, c. 279, §§1-3 (AMD) . 2009, c. 235, § 4 (AMD) .