Section 20-1036 - Civil action by Commission in public interest. - Maryland Statutes

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

(a)  Authorized.- The Commission may commence a civil action in the appropriate circuit court if the Commission has probable cause to believe that: 

(1) (i) a person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this part and Subtitle 7 of this title; or 

(ii) any group of persons has been denied any of the rights granted by this part and Subtitle 7 of this title; and 

(2) the resistance or denial raises an issue of general public importance. 

(b)  Enforcement of subpoena.- The Commission or other party at whose request a subpoena is issued under this part may enforce a subpoena in appropriate proceedings in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business. 

(c)  Relief; attorney's fees.-  

(1) In a civil action under subsection (a) of this section, the court may: 

(i) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of Subtitle 7 of this title as necessary to assure the full enjoyment of the rights granted by Subtitle 7 of this title; 

(ii) award other relief the court considers appropriate, including monetary damages to aggrieved persons; and 

(iii) to vindicate the public interest, assess a civil penalty against the respondent: 

1. in an amount not exceeding $50,000, for a first violation; and 

2. in an amount not exceeding $100,000, for any subsequent violation. 

(2) In a civil action under this section, the court may allow the prevailing party, including the Commission, reasonable attorney's fees and costs. 

(d)  Intervention.-  

(1) On timely application, a person may intervene in a civil action commenced by the Commission under subsection (a) or (b) of this section, if the action involves: 

(i) an alleged discriminatory housing practice to which the person is an aggrieved person; or 

(ii) a conciliation agreement to which the person is a party. 

(2) The court may grant any appropriate relief to any intervening party that is authorized to be granted to a plaintiff in a civil action under § 20-1035 of this subtitle. 
 

[An. Code 1957, art. 49B, § 34; 2009, ch. 120, § 2.]