2023 District of Columbia Code › Title 2 - Government Administration › Chapter 14 - Human Rights › Unit A - Human Rights Law › Subchapter III - Procedures › § 2–1403.16. Private cause of action

§ 2–1403.16. Private cause of action.
(a) Any person claiming to be aggrieved by an unlawful discriminatory practice shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate, unless such person has filed a complaint hereunder; provided, that where the Office has dismissed such complaint on the grounds of administrative convenience, or where the complainant has withdrawn a complaint, such person shall maintain all rights to bring suit as if no complaint had been filed. No person who maintains, in a court of competent jurisdiction, any action based upon an act which would be an unlawful discriminatory practice under this chapter may file the same complaint with the Office. A private cause of action pursuant to this chapter shall be filed in a court of competent jurisdiction within one year of the unlawful discriminatory act, or the discovery thereof, except that the limitation shall be within 2 years of the unlawful discriminatory act, or the discovery thereof, for complaints of unlawful discrimination in real estate transactions brought pursuant to this chapter or the FHA. The timely filing of a complaint with the Office, or under the administrative procedures established by the Mayor pursuant to § 2-1403.03, shall toll the running of the statute of limitations while the complaint is pending.
(b) The court may grant any relief it deems appropriate, including, the relief provided in §§ 2-1403.07 and 2-1403.13(a).
(c) The notice requirement of § 12-309 shall not apply to any action brought against the District of Columbia under this section.
(Dec. 13, 1977, D.C. Law 2-38, title III, § 316, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, § 2(d), 44 DCR 4856; Apr. 20, 1999, D.C. Law 12-242,§ 2(k), 46 DCR 952; Oct. 1, 2002, D.C. Law 14-189, § 2(i), 49 DCR 6523; May 2, 2015, D.C. Law 20-266, § 3(c), 62 DCR 1540.)
Prior Codifications
1981 Ed., § 1-2556.
1973 Ed., § 6-2296.
Section References
This section is referenced in § 2-1403.03 and § 2-1403.05.
Effect of Amendments
D.C. Law 14-189, in the fourth sentence of subsec. (a), substituted “The timely filing of a complaint with the Office, or under the administrative procedures established by the Mayor pursuant to § 2-1403.03, shall toll the running of the statute of limitations while the complaint is pending.” for “The timely filing of a complaint with the Office shall toll the running of the statute of limitations while the complaint is pending before the Office.”
The 2015 amendment by D.C. Law 20-266 added (c).
Emergency Legislation
For temporary (90 days) amendment of civil actions by the Attorney General during a period of public health emergency, see § 3(cc) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).
For temporary (90 days) civil actions by the Attorney General during a period of public health emergency, see § 702 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) civil actions by the Attorney General during a period of public health emergency, see § 702 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) civil actions by the Attorney General during a period of public health emergency, see § 702 of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) civil actions by the Attorney General during a period of public health emergency, see § 702 of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of civil actions by the Attorney General during a period of public health emergency, see § 3(cc) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of 2021 (D.C. Law 24-39, Oct. 27, 2021, 68 DCR 009487).
For temporary (225 days) civil actions by the Attorney General during a period of public health emergency, see § 702 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) creation of § 2-1403.16a, see § 702 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).