                                 CODE OF VIRGINIA

CIVIL ACTION BY ATTORNEY GENERAL; MATTERS INVOLVING THE LEGALITY OF ANY LOCAL
ZONING OR OTHER LAND USE ORDINANCE; PATTERN OR PRACTICE CASES; OR REFERRAL OF
CONCILIATION AGREEMENT FOR ENFORCEMENT (§ 36-96.17)

A. If the Board determines, after consultation with the Office of the Attorney
General, that an alleged discriminatory housing practice involves (i) the
legality of any local zoning or land use ordinance or (ii) activity proscribed
in subsection C of &#xA7; 36-96.3, instead of issuing a charge, the Board shall
immediately refer the matter to the Attorney General for civil action in the
appropriate circuit court for appropriate relief. A civil action under this
subsection shall be commenced no later than the expiration of 18 months after
the date of the occurrence or the termination of the alleged discriminatory
housing practice.

B. Whenever the Attorney General has reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of resistance to the
full enjoyment of any of the rights granted by this chapter, or that any group
of persons has been denied any of the rights granted by this chapter and such
denial raises an issue of general public importance, the Attorney General may
commence a civil action in the appropriate circuit court for appropriate relief.

C. In the event of a breach of a conciliation agreement by a respondent, the
Board may authorize a civil action by the Attorney General. The Attorney General
may commence a civil action in any appropriate circuit court for appropriate
relief. A civil action under this subsection shall be commenced no later than
the expiration of 90 days after the referral of such alleged breach.

D. The Attorney General, on behalf of the Board, or other party at whose request
a subpoena is issued, under this chapter, may enforce such subpoena in
appropriate proceedings in the appropriate circuit court.

E. In a civil action under subsections A, B, and C, the court may:

   1. Award such preventive relief, including a permanent or temporary
   injunction, restraining order, or other order against the person responsible
   for a violation of this chapter as is necessary to assure the full enjoyment
   of the rights granted by this chapter.

   2. Assess a civil penalty against the respondent (i) in an amount not
   exceeding $50,000 for a first violation and (ii) in an amount not exceeding
   $100,000 for any subsequent violation.

   3. Award the prevailing party reasonable attorney fees and costs. The
   Commonwealth shall be liable for such fees and costs to the extent provided by
   the Code of Virginia.
   				The court or jury may award such other relief to the aggrieved person, as
   the court deems appropriate, including compensatory damages, and punitive
   damages without limitation otherwise imposed by state law.

F. Upon timely application, any person may intervene in a civil action commenced
by the Attorney General under subsection A, B, or C that involves an alleged
discriminatory housing practice with respect to which such person is an
aggrieved person or a party to a conciliation agreement. The court may grant
such appropriate relief to any such intervening party as is authorized to be
granted to a plaintiff in a civil action under &#xA7; 36-96.18.

HISTORY: 1991, c. 557; 1994, c. 814; 2021, Sp. Sess. I, c. 267.