§ 57.71. Same—Administrative Penalties.

(1)

If the Human Relations Official determines after a hearing under Section 57.70 of this Article that a respondent has engaged in or is about to engage in a discriminatory housing practice, the Human Relations Official may order the appropriate relief, including actual damages, reasonable attorney's fees, costs, and other injunctive or equitable relief as permitted by law.

(2)

To vindicate the public interest, the Human Relations Official may, in accordance with the federal Fair Housing Act of 1988, assess a civil penalty against the respondent in an amount that does not exceed:

(a)

$10,000.00 if the respondent has not been adjudged by order of the Human Relations Official or a court to have committed a prior discriminatory housing practice;

(b)

except as provided in subparagraph (3) below, $25,000.00 if the respondent has been adjudged by order of the Human Relations Official or a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and

(c)

except as provided by subparagraph (3) below, $50,000.00 if the respondent has been adjudged by order of the Human Relations Official or a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge.

(3)

If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subparagraphs (2)(b) and (c) above may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(4)

At the request of the Human Relations Official the City Attorney or his designee shall sue to recover a civil penalty due under this section. Funds collected under this section shall be paid to the City of Orlando Finance Department and shall be used to offset expenses incurred by the Human Relations Official or City Attorney in enforcing this Article.

(5)

The penalties provided for under this section are applicable regardless of whether the Human Relations Official or aggrieved party initiated the investigation under this Article.

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)