(a) The Director of the Arkansas Fair Housing Commission, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the director or the Arkansas Fair Housing Commission, to the extent feasible, shall engage in conciliation with respect to the complaint. (b) A conciliation […]
(a) If the Director of the Arkansas Fair Housing Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this subchapter, and after consultation with the office of the Attorney General, the director may authorize the filing by the Attorney General of […]
(a) The Director of the Arkansas Fair Housing Commission shall prepare a final investigative report showing: (1) The names and dates of contacts with witnesses; (2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts; (3) A summary description of other pertinent […]
(a) The Director of the Arkansas Fair Housing Commission shall determine, based on the facts and after consultation with the office of the Attorney General, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur. (b) The director shall make the determination under subsection (a) of this section […]
(a) A charge issued under § 16-123-324 shall: (1) Consist of a short and plain statement of the facts on which the Director of the Arkansas Fair Housing Commission has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur; (2) Be based on the investigation; and (3) Not […]
If the Director of the Arkansas Fair Housing Commission determines the matter involves the legality of a state or local zoning ordinance or other land use law or ordinance, the director shall not issue a charge, but shall immediately refer the matter to the Attorney General for appropriate action.
(a) If the Director of the Arkansas Fair Housing Commission determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the director shall promptly dismiss the complaint. (b) The director shall disclose each dismissal under this section both to the public and to all affected parties.
The Director of the Arkansas Fair Housing Commission shall not issue a charge under this section regarding an alleged discriminatory housing practice after the commencement of a civil action commenced under federal or state law or this subchapter seeking determination with respect to an alleged discriminatory housing practice.
(a) After a charge has been issued under § 16-123-325, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action. (b) The election shall be made no later than the twentieth day after the date […]
(a) If a timely election is made under § 16-123-329, the Arkansas Fair Housing Commission shall authorize and the Attorney General shall file and maintain on behalf of the aggrieved person a civil action in a court of competent jurisdiction seeking appropriate relief under this section. (b) If the commission determines, as under § 16-123-321, […]
(a) (1) If a timely election to commence a civil action is not made under § 16-123-329, the Arkansas Fair Housing Commission shall provide for an administrative hearing on the charge. (2) (A) The administrative hearing will be adjudicated by the commission. (B) In that proceeding or any factually related proceeding under this section, no […]
(a) If the Arkansas Fair Housing Commission determines at a hearing under § 16-123-331 that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief, including actual damages, reasonable attorney’s fees, and court costs. (b) To vindicate the public interest, the commission may […]
An Arkansas Fair Housing Commission order under § 16-123-331 does not affect any contract, sale, encumbrance, or lease that: (1) Was consummated before the commission issued the order; and (2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this subchapter.
If the Arkansas Fair Housing 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 government agency, the commission, not later than thirty (30) days after the issuance of the order, shall send copies of the findings of […]
(a) The Arkansas Fair Housing Commission is encouraged to cooperate with the United States Secretary of Housing and Urban Development and the United States Attorney General in the enforcement of the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq., as in effect January 1, 2001, and may assist the United States Secretary […]
(a) An aggrieved person may file a civil action in a court of competent jurisdiction in the county where the respondent resides not later than two (2) years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this subchapter, whichever occurs last, […]
On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the court may appoint an attorney for the person to the extent provided by applicable law concerning indigents in civil actions.
In a civil action under this subchapter, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff: (1) Compensatory and punitive damages; (2) Reasonable attorney’s fees; (3) Court costs; and (4) Subject to § 16-123-339, any permanent or temporary injunction, temporary restraining […]
Relief granted under this subchapter does not affect a contract, sale encumbrance, or lease that: (1) Was consummated before the granting of the relief; and (2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this subchapter or a civil action under this […]
(a) The Arkansas Fair Housing Commission may authorize the Attorney General to intervene and the Attorney General may intervene in an action if the case is of general public importance. (b) The Attorney General may obtain the same relief available under § 16-123-341.
