§ 16-123-329. Election of judicial determination
(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 […]
§ 16-123-330. Attorney General — Action for enforcement
(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, […]
§ 16-123-331. Administrative hearing
(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 […]
§ 16-123-332. Administrative penalties
(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 […]
§ 16-123-333. Effect of a commission order
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.
§ 16-123-334. Licensed or regulated businesses
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 […]
§ 16-123-335. Cooperation with state and federal agencies
(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 […]
§ 16-123-336. Civil action
(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, […]
§ 16-123-321. Conciliation
(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 […]
§ 16-123-337. Court-appointed attorney
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.