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16-123-336. Civil action.
Arkansas Code — all titles (historical 2020) · legal_authorities
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, to obtain appropriate relief with respect to the discriminatory housing practice or enforcement of a conciliation agreement.
(b)(1) The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice.
(2) This subsection does not apply to actions arising from a breach of a conciliation agreement.
(c) Except as otherwise provided in subsection (e) of this section, an aggrieved person may file an action under this section whether or not a complaint has been filed under § 16-123-317, and without regard to the status of any complaint filed under that section.
(d) If the Arkansas Fair Housing Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the conciliation agreement.
(e) An aggrieved person may not file a civil action under this section with respect to the alleged discriminatory housing practice forming the basis of that charge after the actual commencement of an administrative hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-336
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-123-336
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 644eb849eb1173968ba0d3a2fa29c11a822b935bc68ceaa12634fdb1f386774d
Source location: content.xml paragraph 50397
Stored source content
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, to obtain appropriate relief with respect to the discriminatory housing practice or enforcement of a conciliation agreement.
(b)(1) The two-year period does not include any time during which an administrative proceeding under this subchapter is pending with respect to a complaint or charge under this subchapter based on the discriminatory housing practice.
(2) This subsection does not apply to actions arising from a breach of a conciliation agreement.
(c) Except as otherwise provided in subsection (e) of this section, an aggrieved person may file an action under this section whether or not a complaint has been filed under § 16-123-317, and without regard to the status of any complaint filed under that section.
(d) If the Arkansas Fair Housing Commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the conciliation agreement.
(e) An aggrieved person may not file a civil action under this section with respect to the alleged discriminatory housing practice forming the basis of that charge after the actual commencement of an administrative hearing.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-317. Complaint.
(a) The Director of the Arkansas Fair Housing Commission shall investigate any discriminatory housing practices alleged in a complaint filed under this section.
(b) A complaint shall be:
(1) In writing and under oath; and
(2) In the form specified and standardized by this subchapter and the rules promulgated by the Arkansas Fair Housing Commission, which shall not require that the complaint be notarized.
(c) An aggrieved person shall not file later than one (1) year after an alleged discriminatory housing practice has occurred or terminated a complaint with the commission alleging the discriminatory housing practice.
(d) Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, the commission may file its own complaint.
(e) A complaint may be reasonably and fairly amended at any time.
(f) On the filing of a complaint, the director shall:
(1) Give the aggrieved person notice that the complaint has been received;
(2) Advise the aggrieved person of the time limits and choice of forums under this subchapter; and
(3) Not later than the tenth day after the filing of the complaint or after the identification of an additional respondent under § 16-123-320, provide each respondent:
(A) Notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this subchapter; and
(B) A copy of the original complaint.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-317
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-123-317. This identifies an authority to review, not proof of applicability.