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District of Columbia Code Division I. Government of District. § 2-1403. Private cause of action.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Any person claiming to be aggrieved by an unlawful discriminatory practice under this unit may file a private cause of action in a court of competent jurisdiction for damages and such other remedies as may be appropriate, consistent with the provisions of this section.

(b)(1) Except as otherwise provided in this section, a private cause of action brought pursuant to this unit shall be filed in a court of competent jurisdiction within 2 years after the unlawful discriminatory act, or the discovery thereof.

(2) The timely filing of a complaint with the Office, under this unit or under procedures established by the Mayor pursuant to section 303, shall toll the time to file a private cause of action until after the Office has served a notice of right to file a civil action on the complainant pursuant to § 2-1403.16a.

(c)(1) After filing a complaint with the Office, a person shall maintain all rights to bring suit in any court of competent jurisdiction if:

(A) The person submitted a written notice of withdrawal before the completion of the Office's investigation;  or

(B) The Office dismissed the complaint on grounds of lack of jurisdiction, no probable cause, or administrative convenience.

(2) A person who brings a private cause of action pursuant to this subsection shall file suit no later than 90 days after the Office has served the notice of right to file a civil action or within the remaining limitations period referenced in subsection (b) of this section, whichever is longer.

(d) With the exception of complaints alleging unlawful discrimination in residential real estate transactions brought pursuant to this unit or the FHA covered by § 2-1403.05, if the Office has made a probable cause finding against a respondent, the person may bring a private cause of action only if:

(1) The person submitted written notice of withdrawal to the Office on or before the 30th day after the close of discovery before the Commission or a hearing examiner;  and

(2) The person filed the cause of action no later than 90 days after the Office has served the notice of right to file a civil action or within the period remaining on the statute of limitations referenced in subsection (b) of this section, whichever is longer.

(e) No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this unit may file the same complaint with the Office.

(f) The court may grant any relief it deems appropriate, including, the relief provided in §§ 2-1403.07 and 2-1403.13(a), to a person who brings a cause of action pursuant to this section, including an action against the District of Columbia.

(g) A court may consider but shall not be bound by the prior finding, decision, or other record of the Office.

(h) The notice requirement of § 12-309 shall not apply to any action brought against the District of Columbia under this section.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 2-1403. Private cause of action. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-2-1403-16/

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