Amending City of Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 5 Fair Housing, Section 8-5-12 Enforcement by Private Persons Copyrighted
August 7, 2023
City of Dubuque Action Items # 010.
City Council Meeting
ITEM TITLE: Amending Cityof Dubuque Code of Ordinances Title 8 Equityand
Human Rights, Chapter 5 Fair Housing, Section 8-5-12 Enforcement by
Private Persons
SUM MARY: City Manager recommending City Council adopt this ordinance
amendment.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 8
Equity and Human Rights, Chapter 5 Fair Housing, Section 8-5-12
Enforcement by Private Persons
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Section 8-5-12, Amending City of
Dubuque Code of Ordinances Title 8 Equity and Human Rights, Chapter 5
Fair Housing, Section 8-5-12 Enforcement by Private Persons
DATE: July 25, 2023
City Code Section 8-5-12 mirrors State law. Because of a recent update, the City Code
needs to be amended. City Attorney Crenna Brumwell is recommending City Council
adopt this ordinance amendment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dubuque
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CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: July 17, 2023
RE: City of Dubuque Code of Ordinances Section 8-5-12
City Code Section 8-5-12 mirrors State law. Because of a recent update, the City Code
needs to be amended.
Attached please find the ordinance amendment. I ask that it be reviewed and forwarded
to City Council for consideration.
CMB:jmm
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHONE (563)589-4381 /Fax (563)583-1040/EMai� cbrumwel@cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4113
ORDINANCE NO. 35 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY AND
HUMAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-12 ENFORCEMENT BY
PRIVATE PERSONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 8-5-12 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1. An aggrieved person may commence a civil action in an appropriate United
States district court or state court 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 chapter, whichever occurs last, to
obtain appropriate relief with respect to such discriminatory housing practice or
breach.
2. The computation of such two (2) year period shall not include any time
during which an administrative hearing under this chapter was pending with
respect to a complaint or charge under this chapter based upon such
discriminatory housing practice. This subsection does not apply to actions arising
from a breach of a mediation and/or conciliation agreement.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 7th day of August, 2023.
Brad Cal7anag or
Attest:
Trish L. Gleason, Assistant City Clerk^T
EFFECT OF AMENDMENT
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1 . An aggrieved person may commence a civil action in an appropriate United
States district court or state court 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 chapter, whichever occurs last, to
obtain appropriate relief with respect to such discriminatory housing practice or
breach.
2. The computation of such two (2) year period shall not include any time
during which an administrative hearingproceedin-g under this chapter was pending
with respect to a complaint or charge under this chapter based upon such
discriminatory housing practice. This subsection does not apply to actions arising
from a breach of a mediation and/or conciliation agreement.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/11/2023
and for which the charge is 24.43
Subscribed to before me, a Notary Pu is in and for
Dubuque County, Iowa,
this 17th day of August, 2023
Vf4
Notary P c in and for Dubuque County, Iowa.
low0.
JANET K. PAPE
7 Commission Number 199659
• My Commission Expires
12/11/2025
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 35 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 EQUITY
AND HUMAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-12
ENFORCEMENT BY PRIVATE PERSONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 8-5-12 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
8-5-12: ENFORCEMENT BY PRIVATE PERSONS:
A. Civil Action:
1. An aggrieved person may commence a civil action in an
appropriate United States district court or state court 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
chapter, whichever occurs last, to obtain appropriate relief
with respect to such discriminatory housing practice or
breach.
2. The computation of such two (2) year period shall not
include any time during which an administrative hearing under
this chapter was pending with respect to a complaint or charge
under this chapter based upon such discriminatory housing
practice. This subsection does not apply to actions arising
from a breach of a mediation and/or conciliation agreement.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 7th day of August, 2023.
/s/Brad Cavanagh, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on
the llth day of August, 2023.
/s/Trish L. Gleason,
Assistant City Clerk
lt:8/11