reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-202 - Invasion of privacy; exploitation of a person for advertising or commercial purposes; situations; not applicable.

20-202.
Invasion of privacy; exploitation of a person for advertising or commercial purposes; situations; not applicable.
Any person, firm, or corporation that exploits a natural person, name, picture, portrait, or personality for advertising or commercial purposes shall be liable for invasion of privacy. The provisions of this section shall not apply to:
(1) The publication, printing, display, or use of the name or likeness of any person in any printed, broadcast, telecast, or other news medium or publication as part of any bona fide news report or presentation or noncommercial advertisement having a current or historical public interest and when such name or likeness is not used for commercial advertising purposes;
(2) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property when such person has consented to the use of his or her name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof so long as such use does not differ materially in kind, extent, or duration from that authorized by the consent as fairly construed; or
(3) Any photograph of a person solely as a member of the public when such person is not named or otherwise identified in or in connection with the use of such photograph.
Source
Laws 1979, LB 394, § 2.
Annotations
Invasion of privacy under this section typically applies to cases in which a photograph or other likeness of a person is distributed without that person's consent for commercial gain. Wilkinson v. Methodist, Richard Young Hosp., 259 Neb. 745, 612 N.W.2d 213 (2000).
Conduct to which one consents cannot constitute an invasion of privacy. Miller v. American Sports Co., 237 Neb. 676, 467 N.W.2d 653 (1991).
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-203 - Invasion of privacy; trespass or intrude upon a person's solitude.

20-203.
Invasion of privacy; trespass or intrude upon a person's solitude.
Any person, firm, or corporation that trespasses or intrudes upon any natural person in his or her place of solitude or seclusion, if the intrusion would be highly offensive to a reasonable person, shall be liable for invasion of privacy.
Source
Laws 1979, LB 394, § 3.
Annotations
An invasion of privacy pursuant to this section is one consisting solely of an intentional interference with the plaintiff's interest in solitude or seclusion, either as to his or her person or private affairs or concerns, of a kind that would be highly offensive to a reasonable person. Whipps Land & Cattle Co. v. Level 3 Communications, 265 Neb. 472, 658 N.W.2d 258 (2003).
Trespassing onto real property, without more, is not the form or magnitude of interference into a person's solitude or seclusion that would rise to the level of being highly offensive to a reasonable person, such as might be actionable under this section. Whipps Land & Cattle Co. v. Level 3 Communications, 265 Neb. 472, 658 N.W.2d 258 (2003).
The accusation of drug use at the workplace, without more, is not the form of interference into a person's solitude or seclusion that would rise to the level of being highly offensive to a reasonable person, such as might be actionable under this section. Polinski v. Sky Harbor Air Serv., 263 Neb. 406, 640 N.W.2d 391 (2002).
Operation of model airplane airfield was not type of intrusion that this section was designed to protect people from. Kaiser v. Western R/C Flyers, 239 Neb. 624, 477 N.W.2d 557 (1991).
In an action for invasion of privacy, the damages that a plaintiff may recover are (1) general damages for harm to the plaintiff's interest in privacy which resulted from the invasion; (2) damages for mental suffering; (3) special damages; and (4) if none of these are proven, nominal damages. Sabrina W. v. Willman, 4 Neb. App. 149, 540 N.W.2d 364 (1995).
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-204 - Invasion of privacy; place person before public in false light.

20-204.
Invasion of privacy; place person before public in false light.
Any person, firm, or corporation which gives publicity to a matter concerning a natural person that places that person before the public in a false light is subject to liability for invasion of privacy, if:
(1) The false light in which the other was placed would be highly offensive to a reasonable person; and
(2) The actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
Source
Laws 1979, LB 394, § 4.
Annotations
In order to recover for invasion of privacy under this section, the matter must be communicated to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. Wilkinson v. Methodist, Richard Young Hosp., 259 Neb. 745, 612 N.W.2d 213 (2000).
Essential to a false light invasion of privacy claim is that the publicized matter be false. Schoneweis v. Dando, 231 Neb. 180, 435 N.W.2d 666 (1989).
The gravamen of conduct made actionable by this section is the dissemination of offending material to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge. Schoneweis v. Dando, 231 Neb. 180, 435 N.W.2d 666 (1989).
Truth is a defense to a false light privacy claim. Wadman v. State, 1 Neb. App. 839, 510 N.W.2d 426 (1993).
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-205 - Publication or intrusion; not actionable; when.

20-205.
Publication or intrusion; not actionable; when.
Any publication or intrusion otherwise actionable under section 20-202, 20-203, or 20-204 shall be justified and not actionable under sections 20-201 to 20-211 and 25-840.01 if the subject of such publication or intrusion expressly or by implication consents to the publicity or intrusion so long as such publication or intrusion does not differ materially in kind, extent, or duration from that implicitly or expressly authorized by the consent as fairly construed. If such person is a minor, such consent may be given by a parent or guardian. If the subject of the alleged invasion of privacy is deceased, such consent may be given by the surviving spouse, if any, or by the personal representative.
Source
Laws 1979, LB 394, § 5.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-206 - Right of privacy; defenses and privileges.

20-206.
Right of privacy; defenses and privileges.
In addition to any defenses and privileges created in sections 20-201 to 20-211 and 25-840.01, the statutory right of privacy created in sections 20-201 to 20-211 and 25-840.01 shall be subject to the following defenses and privileges:
(1) All applicable federal and Nebraska statutory and constitutional defenses;
(2) As to communications alleged to constitute an invasion of privacy, the defense that the communication was made under circumstances that would give rise to an applicable qualified or absolute privilege according to the law of defamation; and
(3) All applicable, qualified, and absolute privileges and defenses in the common law of privacy in this state and other states.
Source
Laws 1979, LB 394, § 6.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-207 - Invasion of privacy; action; nonassignable.

20-207.
Invasion of privacy; action; nonassignable.
The action for invasion of privacy created by sections 20-201 to 20-211 and 25-840.01 shall be personal to the subject of the invasion and shall in no case be assignable.
Source
Laws 1979, LB 394, § 7.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-208 - Invasion of privacy; death of subject; effect.

20-208.
Invasion of privacy; death of subject; effect.
The right of action for invasion of privacy created by sections 20-201 to 20-211 and 25-840.01, with the single exception of the action arising out of exploitation of a person's name or likeness in section 20-202, shall not be deemed to survive the death of the subject of any such invasion of privacy.
Source
Laws 1979, LB 394, § 8.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-209 - Libel, slander, or invasion of privacy; one cause of action.

20-209.
Libel, slander, or invasion of privacy; one cause of action.
No person shall have more than one cause of action for damages for libel or slander or invasion of privacy or any other tort founded upon any single publication, exhibition, or utterance, such as any one issue of a newspaper or book or magazine or any one presentation to an audience or any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.
Source
Laws 1979, LB 394, § 9.
Cross References
Defamatory statements, civil actions authorized, see sections 25-839 to 25-840.02.
Annotations
This section prevents multiple recoveries from a single publication, but it does not force a plaintiff to elect among libel, slander, and invasion of privacy with respect to the claim a plaintiff advances resulting from a single publication by the defendant. Bojanski v. Foley, 18 Neb. App. 929, 798 N.W.2d 134 (2011).
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-210 - Judgment; bar against other actions.

20-210.
Judgment; bar against other actions.
A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, exhibition, or utterance as described in section 20-209 shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication, exhibition, or utterance.
Source
Laws 1979, LB 394, § 10.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-301 - Act, how cited.

20-301.
Act, how cited.
Sections 20-301 to 20-344 shall be known and may be cited as the Nebraska Fair Housing Act.
Source
Laws 1969, c. 120, § 23, p. 553;
R.S.1943, (1987), § 20-125;
Laws 1991, LB 825, § 2;
Laws 2021, LB540, § 15.
Annotations
The plaintiff failed to prove her request to secure her daughter's emotional support dogs through construction of a fence in a common area was a reasonable accommodation under the Nebraska Fair Housing Act, where the evidence showed that without the fence, the daughter freely used and enjoyed the animals at the condominium. Guenther v. Walnut Grove Hillside Condo. Regime No. 3, 309 Neb. 655, 961 N.W.2d 825 (2021).
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-302 - Civil rights; policy of state.

20-302.
Civil rights; policy of state.
It is the policy of the State of Nebraska that there shall be no discrimination in the acquisition, ownership, possession, or enjoyment of housing throughout the State of Nebraska in accordance with Article I, section 25, of the Constitution of Nebraska.
Source
Laws 1969, c. 120, § 1, p. 539;
R.S.1943, (1987), § 20-105;
Laws 1991, LB 825, § 3.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-303 - Definitions, where found.

20-303.
Definitions, where found.
For purposes of the Nebraska Fair Housing Act, the definitions found in sections 20-304 to 20-317 shall be used.
Source
Laws 1991, LB 825, § 4;
Laws 2021, LB540, § 16.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-304 - Aggrieved person, defined.

20-304.
Aggrieved person, defined.
Aggrieved person shall include any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur.
Source
Laws 1991, LB 825, § 5.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-308.01 - Disability, defined.

20-308.01.
Disability, defined.
Disability has the same meaning as in 42 U.S.C. 12102, as such section existed on January 1, 2021.
Disability shall not include current, illegal use of or addiction to a controlled substance as defined in section 28-401.
Source
Laws 1991, LB 825, § 14;
R.S.1943, (2012), § 20-313;
Laws 2021, LB540, § 17.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-309 - Discriminatory housing practice, defined.

20-309.
Discriminatory housing practice, defined.
Discriminatory housing practice shall mean an act that is unlawful under section 20-318, 20-319, 20-320, 20-321, or 20-344.
Source
Laws 1991, LB 825, § 10.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-310 - Dwelling, defined.

20-310.
Dwelling, defined.
Dwelling shall mean any building, structure, or portion thereof which is occupied as or designed or intended for occupancy as a residence for one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
Source
Laws 1969, c. 120, § 2, p. 539;
R.S.1943, (1987), § 20-106;
Laws 1991, LB 825, § 11.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-311 - Familial status, defined.

20-311.
Familial status, defined.
Familial status shall mean one or more minors being domiciled with:
(1) A parent or another person having legal custody of such individual; or
(2) The designee of a parent or other person having legal custody, with the written permission of the parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any minor.
Source
Laws 1991, LB 825, § 12.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-314 - Person, defined.

20-314.
Person, defined.
Person shall include one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries.
Source
Laws 1991, LB 825, § 15;
Laws 1993, LB 121, § 147.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-316 - Respondent, defined.

20-316.
Respondent, defined.
Respondent shall mean:
(1) The person or other entity accused in a complaint of a discriminatory housing practice; and
(2) Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 20-326.
Source
Laws 1991, LB 825, § 17.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-317 - Restrictive covenant, defined.

20-317.
Restrictive covenant, defined.
Restrictive covenant shall mean any specification limiting the transfer, rental, or lease of any housing because of race, creed, religion, color, national origin, sex, disability, familial status, or ancestry.
Source
Laws 1991, LB 825, § 18;
Laws 2021, LB540, § 18.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-318 - Unlawful acts enumerated.

20-318.
Unlawful acts enumerated.
Except as exempted by section 20-322, it shall be unlawful to:
(1) Refuse to sell or rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of or otherwise make unavailable or deny, refuse to show, or refuse to receive and transmit an offer for a dwelling to any person because of race, color, religion, national origin, disability, familial status, or sex;
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, national origin, disability, familial status, or sex;
(3) Make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, national origin, disability, familial status, or sex or an intention to make any such preference, limitation, or discrimination;
(4) Represent to any person because of race, color, religion, national origin, disability, familial status, or sex that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;
(5) Cause to be made any written or oral inquiry or record concerning the race, color, religion, national origin, disability, familial status, or sex of a person seeking to purchase, rent, or lease any housing;
(6) Include in any transfer, sale, rental, or lease of housing any restrictive covenants or honor or exercise or attempt to honor or exercise any restrictive covenant pertaining to housing;
(7) Discharge or demote an employee or agent or discriminate in the compensation of such employee or agent because of such employee's or agent's compliance with the Nebraska Fair Housing Act; and
(8) Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, disability, familial status, or sex.
Source
Laws 1969, c. 120, § 3, p. 540;
Laws 1979, LB 80, § 64;
R.S.1943, (1987), § 20-107;
Laws 1991, LB 825, § 19;
Laws 2021, LB540, § 19.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-320 - Transaction related to residential real estate; discriminatory practices prohibited.

20-320.
Transaction related to residential real estate; discriminatory practices prohibited.
(1) It shall be unlawful for any person or other entity whose business includes engaging in transactions related to residential real estate to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, religion, sex, disability, familial status, or national origin.
(2) For purposes of this section, transaction related to residential real estate shall mean any of the following:
(a) The making or purchasing of loans or providing other financial assistance:
(i) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(ii) Secured by residential real estate; or
(b) The selling, brokering, or appraising of residential real property.
(3) Nothing in this section shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, sex, disability, or familial status.
Source
Laws 1991, LB 825, § 21;
Laws 2021, LB540, § 21.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-321 - Multiple listing service; other service, organization, or facility; discriminatory practices prohibited.

20-321.
Multiple listing service; other service, organization, or facility; discriminatory practices prohibited.
It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers organization, or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership, or participation on account of race, color, religion, national origin, disability, familial status, or sex.
Source
Laws 1969, c. 120, § 5, p. 542;
Laws 1979, LB 80, § 66;
R.S.1943, (1987), § 20-109;
Laws 1991, LB 825, § 22;
Laws 2021, LB540, § 22.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-323 - Affirmative action required; cooperation with commission.

20-323.
Affirmative action required; cooperation with commission.
All executive departments, state agencies, and independent instrumentalities exercising essential public functions, including any state agency having regulatory or supervisory authority over financial institutions, shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of the Nebraska Fair Housing Act and shall cooperate with the commission to further such purposes.
Source
Laws 1991, LB 825, § 24.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-324 - Equal Opportunity Commission; educational and conciliatory activities; programs of compliance and enforcement.

20-324.
Equal Opportunity Commission; educational and conciliatory activities; programs of compliance and enforcement.
The commission shall conduct such educational and conciliatory activities as in the commission's judgment will further the purposes of the Nebraska Fair Housing Act. The commission shall call conferences of persons in the housing industry and other interested persons to acquaint them with the act and suggested means of implementing it and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. The commission shall consult with local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their locality and whether and how local enforcement programs might be utilized to combat such discrimination in connection with or in place of the commission's enforcement of the act. The commission shall issue reports on such conferences and consultations as it deems appropriate.
Source
Laws 1969, c. 120, § 8, p. 543;
R.S.1943, (1987), § 20-112;
Laws 1991, LB 825, § 25.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-325 - Commission; duties.

20-325.
Commission; duties.
The commission shall:
(1) Make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the state;
(2) Publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Legislature to be submitted electronically:
(a) Specifying the nature and extent of progress made statewide in eliminating discriminatory housing practices and furthering the purposes of the Nebraska Fair Housing Act, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and
(b) Containing tabulations of the number of instances and the reasons therefor in the preceding year in which:
(i) Investigations have not been completed as required by subdivision (1)(b) of section 20-326;
(ii) Determinations have not been made within the time specified in section 20-333; and
(iii) Hearings have not been commenced or findings and conclusions have not been made as required by section 20-337;
(3) Cooperate with and render technical assistance to state, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
(4) Electronically submit an annual report to the Legislature and make available to the public data on the age, race, color, religion, national origin, disability, familial status, and sex of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of programs administered by the commission. In order to develop the data to be included and made available to the public under this subdivision, the commission shall, without regard to any other provision of law, collect such information relating to those characteristics as the commission determines to be necessary or appropriate;
(5) Adopt and promulgate rules and regulations, subject to the approval of the members of the commission, regarding the investigative and conciliation process that provide for testing standards, fundamental due process, and notice to the parties of their rights and responsibilities; and
(6) Have authority to enter into agreements with the United States Department of Housing and Urban Development in cooperative agreements under the Fair Housing Assistance Program. The commission shall further have the authority to enter into agreements with testing organizations to assist in investigative activities. The commission shall not enter into any agreements under which compensation to the testing organization is partially or wholly based on the number of conciliations, settlements, and reasonable cause determinations.
Source
Laws 1991, LB 825, § 26;
Laws 2005, LB 361, § 25;
Laws 2012, LB782, § 20;
Laws 2021, LB540, § 24.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-326 - Discriminatory housing practice; complaint; procedure; investigation.

20-326.
Discriminatory housing practice; complaint; procedure; investigation.
(1)(a)(i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging such discriminatory housing practice. The commission, on its own initiative, may also file such a complaint.
(ii) The complaint shall be in writing and shall contain such information and be in such form as the commission requires.
(iii) The commission may also investigate housing practices to determine whether a complaint should be brought under this section.
(b) Upon the filing of a complaint:
(i) The commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under the Nebraska Fair Housing Act;
(ii) The commission shall, not later than ten days after such filing or the identification of an additional respondent under subsection (2) of this section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under the act, together with a copy of the original complaint;
(iii) Each respondent may file, not later than ten days after receipt of notice from the commission, an answer to the complaint; and
(iv) Unless it is impracticable to do so, the commission shall investigate the alleged discriminatory housing practice and complete such investigation within one hundred days after the filing of the complaint or, when the commission takes further action under section 20-332 with respect to a complaint, within one hundred days after the commencement of such further action.
(c) If the commission is unable to complete the investigation within one hundred days after the filing of the complaint or after the commencement of such further action, the commission shall notify the complainant and respondent in writing of the reasons for not doing so.
(d) Complaints and answers shall be under oath and may be reasonably and fairly amended at any time.
(2)(a) A person who is not named as a respondent in a complaint but who is identified as a respondent in the course of investigation may be joined as an additional or substitute respondent upon written notice under subdivision (1)(b)(ii) of this section to such person from the commission.
(b) The notice shall explain the basis for the commission's belief that the person to whom the notice is addressed is properly joined as a respondent.
Source
Laws 1991, LB 825, § 27;
Laws 2004, LB 625, § 1;
Laws 2005, LB 361, § 26.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-327 - Complaint; conciliation; conciliation agreement; effect.

20-327.
Complaint; conciliation; conciliation agreement; effect.
(1) During the period beginning with the filing of the complaint and ending with the issuance of a charge or a dismissal by the commission, the commission shall, to the extent feasible, engage in conciliation with respect to the complaint.
(2) A conciliation agreement shall be an agreement between the complainant and the respondent and shall be subject to the approval of the members of the commission, which approval may not be delegated.
(3) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the commission.
(4) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief.
(5) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of the Nebraska Fair Housing Act.
(6) A conciliation agreement between a respondent and complainant which has been approved by the commission shall not be deemed an adjudication that the respondent has committed a discriminatory housing practice nor shall the conciliation agreement be the subject of an order for relief under section 20-337, unless the conciliation agreement is entered after an adjudication pursuant to an administrative proceeding or a civil action pursuant to state or federal law in which the respondent was found to have committed a discriminatory housing practice.
Source
Laws 1991, LB 825, § 28;
Laws 2005, LB 361, § 27.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-328 - Final investigative report; contents; amendment.

20-328.
Final investigative report; contents; amendment.
(1) At the end of each investigation of a complaint, the commission shall prepare a final investigative report containing:
(a) The names and dates of contacts with witnesses;
(b) A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;
(c) A summary description of other pertinent records;
(d) A summary of witness statements; and
(e) Answers to interrogatories.
(2) A final investigative report may be amended if additional evidence is later discovered.
Source
Laws 1991, LB 825, § 29.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-329 - Conciliation agreement; breach; civil action authorized.

20-329.
Conciliation agreement; breach; civil action authorized.
Whenever the commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the commission shall refer the matter to the Attorney General for filing of a civil action under section 20-343 for the enforcement of such agreement.
Source
Laws 1991, LB 825, § 30.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-330 - Conciliation proceedings; investigations; restrictions on use of information.

20-330.
Conciliation proceedings; investigations; restrictions on use of information.
(1) Except as provided in subsection (5) of section 20-327, nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under the Nebraska Fair Housing Act without the written consent of the persons concerned. All records compiled in the course of conciliation activities shall be exempt from public release. The commission may release any fully executed conciliation agreement.
(2)(a) Notwithstanding subsection (1) of this section, the commission shall make available to the aggrieved person and the respondent, upon request, following the completion of an investigation, information derived from an investigation and any final investigative report relating to that investigation.
(b) The commission's release of information pursuant to subdivision (2)(a) of this section is subject to the federal Privacy Act of 1974, Public Law 93-579, as such act existed on January 1, 2005, and any other state or federal laws limiting the release of confidential information obtained in the course of an investigation under the Nebraska Fair Housing Act.
(3) Notwithstanding subsections (1) and (2) of this section, materials in the investigative file shall be disclosed to the complainant and respondent to the extent reasonably necessary to further the investigation or conciliation discussions.
Source
Laws 1991, LB 825, § 31;
Laws 2004, LB 625, § 2;
Laws 2005, LB 361, § 28.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-331 - Temporary or preliminary relief; other proceedings; actions authorized.

20-331.
Temporary or preliminary relief; other proceedings; actions authorized.
(1) If the commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of the Nebraska Fair Housing Act, the commission may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such an authorization, the Attorney General shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with sections 25-1062 to 25-1080. The commencement of a civil action under this section shall not affect the initiation or continuation of administrative proceedings under this section and section 20-336.
(2) Whenever the commission has reason to believe that a basis may exist for the commencement of proceedings against any respondent under subsection (1) or (3) of section 20-343 or for proceedings by any governmental licensing or supervisory authorities, the commission shall transmit the information upon which such belief is based to the Attorney General or to such authorities, as the case may be.
Source
Laws 1991, LB 825, § 32.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-332 - Complaint; referral to local agency; procedure; certification of local agency.

20-332.
Complaint; referral to local agency; procedure; certification of local agency.
(1) Whenever a complaint alleges a discriminatory housing practice (a) within the jurisdiction of a local agency in an incorporated city or a county and (b) as to which the agency has been certified by the commission under this section, the commission shall refer the complaint to that agency before taking any action with respect to the complaint.
(2) After a referral is made, the commission shall take no further action with respect to such complaint without the consent of the agency unless:
(a) The agency has failed to commence proceedings with respect to the complaint before the end of the thirtieth day after the date of such referral;
(b) The agency, having so commenced proceedings, fails to carry forward the proceedings with reasonable promptness; or
(c) The commission determines that the agency no longer qualifies for certification under this section with respect to the relevant jurisdiction.
(3)(a) The commission may certify a local agency under this section only if the commission determines that the following are substantially equivalent to those created by and under the Nebraska Fair Housing Act:
(i) The substantive rights protected by the agency in the jurisdiction with respect to which certification is to be made;
(ii) The procedures followed by the agency;
(iii) The remedies available to the agency; and
(iv) The availability of judicial review of the agency's action.
(b) Before making such certification, the commission shall take into account the current practices and past performance, if any, of the agency.
Source
Laws 1991, LB 825, § 33.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-333 - Commission; discriminatory housing practice; determination; charge; contents; service; referral to Attorney General; dismissal of complaint.

20-333.
Commission; discriminatory housing practice; determination; charge; contents; service; referral to Attorney General; dismissal of complaint.
(1)(a) The commission shall, within one hundred days after the filing of the complaint or after the commencement of further action under section 20-332, determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur unless it is impracticable to do so or unless the commission has approved a conciliation agreement with respect to the complaint. If the commission is unable to make the determination within one hundred days after the filing of the complaint or after the commencement of such further action, the commission shall notify the complainant and respondent in writing of the reasons for not doing so.
(b)(i) If the commission determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall, except as provided in subdivision (iii) of this subdivision, immediately issue a charge on behalf of the aggrieved person, for further proceedings under sections 20-335 to 20-340.
(ii) Such charge shall consist of a short and plain statement of the facts upon which the commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, shall be based on the final investigative report, and need not be limited to the facts or grounds alleged in the complaint filed under section 20-326.
(iii) If the commission determines that the matter involves the legality of any state or local zoning or other land-use law or ordinance, the commission shall immediately refer the matter to the Attorney General for appropriate action under section 20-343 instead of issuing such charge.
(c) If the commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall promptly dismiss the complaint. The commission shall make public disclosure of each such dismissal.
(d) The commission may not issue a charge under this section regarding an alleged discriminatory housing practice after the filing of a civil action commenced by the aggrieved party under state or federal law seeking relief with respect to that discriminatory housing practice.
(2) After the commission issues a charge under this section, the commission shall cause a copy of the charge, together with information as to how to make an election under section 20-335 and the effect of such an election, to be served:
(a) On each respondent named in the charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless such an election is made; and
(b) On each aggrieved person on whose behalf the complaint was filed.
Source
Laws 1991, LB 825, § 34.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-334 - Commission; subpoenas; discovery orders; violations; penalty.

20-334.
Commission; subpoenas; discovery orders; violations; penalty.
(1) The commission may issue subpoenas and order discovery in aid of investigations and hearings under the Nebraska Fair Housing Act. The subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the district court.
(2) Witnesses summoned by a subpoena shall be entitled to the same witness and mileage fees as witnesses in proceedings in district court. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, when a party is unable to pay the fees, by the commission.
(3)(a) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (1) of this section shall be guilty of a Class I misdemeanor.
(b) Any person shall be guilty of a Class I misdemeanor who, with intent to mislead another person in any proceeding under the act:
(i) Makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (1) of this section;
(ii) Willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or
(iii) Willfully mutilates, alters, or by any other means falsifies any documentary evidence.
Source
Laws 1991, LB 825, § 35.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-335 - Civil action in lieu of hearing; election authorized.

20-335.
Civil action in lieu of hearing; election authorized.
When a charge is issued under section 20-333, 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 under section 20-340 in lieu of a hearing under section 20-336. The election must be made not later than twenty days after service has been made under section 20-333. The person making the election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates.
Source
Laws 1991, LB 825, § 36.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-336 - Commission; hearings; hearing officer; appearance; discovery; discontinuance of proceedings; when.

20-336.
Commission; hearings; hearing officer; appearance; discovery; discontinuance of proceedings; when.
(1) If an election is not made under section 20-335 with respect to a charge issued under section 20-333, the commission shall provide an opportunity for a hearing on the record with respect to the charge. The commission shall delegate the conduct of a hearing under this section to a hearing officer. The hearing officer shall meet the qualifications of a judge of the district court prescribed in section 24-301 or any successor statute. The hearing officer shall be appointed by the commission pursuant to rules and regulations promulgated by the commission. The hearing officer shall conduct the hearing at a place in the vicinity of the place where the discriminatory housing practice is alleged to have occurred or to be about to occur.
(2) At the hearing each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 20-334. Any aggrieved person may intervene as a party in the proceeding. The rules of evidence shall apply to the presentation of evidence in such hearing as they would in a civil action in district court.
(3)(a) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible consistent with the need of all parties to obtain relevant evidence.
(b) A hearing under this section shall be conducted as expeditiously and inexpensively as possible consistent with the needs and rights of the parties to obtain a fair hearing and a complete record.
(4) Any resolution of a charge before issuance of a final order under section 20-337 shall require the consent of the aggrieved person on whose behalf the charge is issued.
(5) A hearing officer may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the filing of a civil action by the aggrieved party under state or federal law seeking relief with respect to that discriminatory housing practice.
Source
Laws 1991, LB 825, § 37.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-338 - Finding, conclusion, or order; review; final order; service.

20-338.
Finding, conclusion, or order; review; final order; service.
(1) The commission may review any finding, conclusion, or order issued under section 20-337. The review shall be completed not later than thirty days after the finding, conclusion, or order is so issued or the finding, conclusion, or order will become final.
(2) The commission shall cause the findings of fact and conclusions of law made with respect to any final order for relief, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding.
Source
Laws 1991, LB 825, § 39.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-339 - Appeal; enforcement of hearing officer's order; procedure.

20-339.
Appeal; enforcement of hearing officer's order; procedure.
(1) Any party aggrieved by a final order granting or denying in whole or in part the relief sought may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act, except that venue of the proceeding shall be in the county in which the discriminatory housing practice is alleged to have occurred.
(2)(a) The commission may petition the district court for the county in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the hearing officer and for appropriate temporary relief or restraining order.
(b) The commission shall file in court with the petition the record in the proceeding. A copy of such petition shall be transmitted by the clerk of the court to the parties to the proceeding before the hearing officer.
(3)(a) Upon the filing of a petition under subsection (1) or (2) of this section, the court may:
(i) Grant to the petitioner or any other party such temporary relief, restraining order, or other order as the court deems just and proper;
(ii) Affirm, modify, or set aside the order, in whole or in part, or remand the order for further proceedings; and
(iii) Enforce the order to the extent that the order is affirmed or modified.
(b) Any party to the proceeding before the hearing officer may intervene in the district court.
(c) An objection not made before the hearing officer shall not be considered by the court unless the failure or neglect to urge such objection is excused because of extraordinary circumstances.
(4) If no appeal is filed before the expiration of forty-five days after the date the hearing officer's order is entered, the hearing officer's findings of fact and order shall be conclusive in connection with any petition for enforcement:
(a) Which is filed by the commission under subsection (2) of this section after the end of such forty-fifth day; or
(b) Under subsection (5) of this section.
(5) If before the expiration of sixty days after the date the hearing officer's order is entered no appeal has been filed and the commission has not sought enforcement of the order under subsection (2) of this section, any person entitled to relief under the order may petition for a decree enforcing the order in the district court for the county in which the discriminatory housing practice is alleged to have occurred.
(6) The district court in which a petition for enforcement is filed under subsection (2) or (5) of this section shall enter a decree enforcing the order. The clerk of the court shall transmit a copy of such decree to the commission, the respondent named in the petition, and any other parties to the proceeding before the hearing officer.
Source
Laws 1991, LB 825, § 40.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 20 - Civil Rights › 20-340 - Civil action in lieu of hearing; relief authorized.

20-340.
Civil action in lieu of hearing; relief authorized.
(1) If an election is made under section 20-335 to have the claims asserted in the charge decided in a civil action, the commission shall authorize, and not later than thirty days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in the appropriate district court seeking relief under this section.
(2) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right.
(3) In a civil action under this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 20-342. Any relief so granted that would accrue to an aggrieved person in such a civil action shall also accrue to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
Source
Laws 1991, LB 825, § 41.
Annotations
The 30-day limitation of this section is mandatory and not directory. State, Neb. Equal Opportunity Com'n ex rel. Minter v. Jensen, 259 Neb. 275, 609 N.W.2d 362 (2000).