GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 880

Short Title:  Durham Fair Housing.	(Local)
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Sponsors: Representatives Kuczmarski; Luebke and Michaux.
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Referred to:  Judiciary I.
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April 12, 1993

A BILL TO BE ENTITLED
AN ACT AMENDING THE CHARTER OF THE CITY OF DURHAM TO REMOVE THE LIMITATION ON PUNITIVE DAMAGES, AUTHORIZE THE TRIAL JUDGE TO GRANT INJUNCTIVE RELIEF, AND LENGTHEN THE TIME IN WHICH A COMPLAINANT MAY FILE A PRIVATE CAUSE OF ACTION IN HOUSING DISCRIMINATION CASES BROUGHT UNDER THE CITY'S FAIR HOUSING ORDINANCE.
The General Assembly of North Carolina enacts:
Section 1.  Section 121 of the Charter of the City of Durham, being Chapter 671, Session Laws of 1975, as amended by Chapter 373, Session Laws of 1983, Chapter 715, Session Laws of 1985, and Chapter 379, Session Laws of 1991, reads as rewritten:
"Sec. 121.  Equal Housing.  The City Council may adopt ordinances prohibiting discrimination on the basis of race, color, sex, religion, national origin, age, familial status, or handicap in real estate transactions.  Such ordinances may regulate or prohibit any act, practice, activity or procedure related, directly or indirectly to the sale or rental of public or private housing, which affects or may tend to affect the availability or desirability of housing on an equal basis to all persons; may provide that violations constitute a misdemeanor, and shall be punishable under G.S. 14-4; may subject the offender to civil penalties; and may provide that the City may enforce the ordinances by application to the General Court of Justice, Superior Court Division, for appropriate legal and equitable remedies, including but not limited to, mandatory and prohibitory injunctions and orders of abatement, attorney's fees and punitive damages, and the court shall have jurisdiction to grant such remedies."
Sec. 2.  Section 121(b) of the Charter of the City of Durham, being Chapter 671, Session Laws of 1975, as amended by Chapter 373, Session Laws of 1983, reads as rewritten:
	"(b)	Judicial Review of Committee Orders.  Judicial review of Committee orders other than arbitration awards shall be in accordance with Article 4 of Chapter 150B of the General Statutes provided, however, that the provisions of G.S. 150B-45 notwithstanding, petitions for judicial review shall be filed in the Superior Court of Durham County; provided, further, the provisions of G.S. 150B-51(b) notwithstanding, the trial court judge may grant to the petitioner, or to any other party, such temporary relief, restraining order, or other order as the court determines is just and proper and the trial court judge may affirm, modify, or set aside, in whole or in part, the committee's order, or remand the order for further proceedings and enforce the order to the extent that the order is affirmed or modified. The term 'Agency,' whenever used in Article 4 of the Chapter 150B of the North Carolina General Statutes, shall mean the Committee(s) as authorized or created by the City Council of the City of Durham under the authority of this act."
Sec. 3.  Section 124 of the Charter of the City of Durham, being Chapter 671, Session Laws of 1975, as amended by Chapter 373, Session Laws of 1983, reads as rewritten:
	"Sec. 124.  (a)	Civil Action for Unlawful Housing Practice.   An ordinance adopted pursuant to this act may permit any complainant to bring a civil action in the Superior Court Division of the General Court of Justice of Durham County against the person allegedly engaging in the unlawful practice.  Such civil action for a housing practice shall be brought no later than one year after an alleged discriminatory housing practice has occurred or terminated.
	(b)	Injunctions; Equitable Relief.  If the court finds that the respondent has engaged in or is engaging in an unlawful housing practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful housing practice, award special damages, actual damages and punitive damages."
Sec. 4.  This act is effective upon ratification.