Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                               A BILL

 2

                                                24-446

 4

                     IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 6

                                         ________________

 8

 9

 To amend the Human Rights Act of 1977 to clarify the role of the Attorney General in a civil

       action involving housing discrimination, to clarify the acts applicability to real estate

       organizations and property managers, to authorize the Attorney General to enforce the act

       and set forth procedures governing that authority and remedies, and to make technical

       corrections.

15

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Attorney General Civil Rights Enforcement Clarification Amendment Act

 of 2022.

        Sec. 2. The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C.

 Official Code  2-1401.01 et seq.), is amended as follows:

        (a) Section 102 (D.C. Official Code  2-1401.02) is amended as follows:

                (1) A new paragraph (2A) is added to read as follows:

                (2A) Attorney General means the Attorney General for the District of

 Columbia..

                (2) Paragraph (16) is amended to read as follows:

                (16) Make public means disclosure to the public or to the news media of any

 personal or business data, documents, information, records, or reports obtained during the course

 of a complaint filed under the provisions of this act, but shall not include:

                                                       1

                                                                           ENGROSSED ORIGINAL

                        (A) The publication of EEO-1, EEO-2, or EEO-3 reports as required by

 the Equal Employment Opportunity Commission;

                        (B) The provision of any data, documents, information, records, or reports

 in the course of any administrative or judicial proceeding under this act or any judicial proceeding

 under Title VII of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 253; 42 U.S.C. 

 2000e et seq.), or Title VIII or IX of the Civil Rights Act of 1968, approved April 11, 1968 (82

 Stat. 81; 42 U.S.C  3601 et seq.), involving such data, documents, information, records, or reports;

                        (C) The access to such data, documents, information, records, or reports

 by personnel of the Office of Human Rights, members of the Commission on Human Rights, or

 personnel of the Attorney General pursuant to section 316a or for the Attorney Generals defense

 and enforcement of the Office's investigations or the Commission's decisions and orders, or parties

 to a proceeding before the Office, or their representatives, after the closure of the case and passage

 of the reconsideration period; or

                        (D) The publication of aggregated data from individual reports, such that

 personally identifiable information is indeterminable..

                 (3) Paragraph (21) is amended by striking the phrase real estate broker or

 salesman and inserting the phrase real estate broker, real estate salesperson, property manager,

 in its place.

                 (4) Paragraph (26) is amended to read as follows:

                                                       2

                                                                              ENGROSSED ORIGINAL

                 (26) Real estate broker or real estate salesperson or property manager

 means a person who is licensed, under Chapter 28 of Title 47, as a real estate broker (including a

 real estate organization), a real estate salesperson, or a property manager..

         (b) Section 223 (D.C. Official Code  2-1402.23) is amended as follows:

                 (1) The section heading is amended by striking the phrase by broker or

 salesperson and inserting the phrase by real estate broker, real estate salesperson, or property

 manager in its place.

                 (2) The existing text is designated as subsection (c).

                 (3) New subsections (a) and (b) are added to read as follows:

         (a) It shall be a violation of this section for any real estate broker, real estate salesperson,

 or property manager to commit any act of discrimination prohibited by this act.

         (b) A finding by a court or the Commission that a holder of or applicant for any permit,

 license, franchise, benefit, exemption, or advantage issued by or on behalf of a District government

 agency, board, or commission has violated this section shall, in any proceeding conducted by that

 agency, board, or commission that considers whether the holder or applicant is acting in the public

 interest, constitute prima facie evidence that the holder or applicant has endangered the public

 interest..

         (c) Section 252 (D.C. Official Code  2-1402.52) is amended as follows:

                 (1) Subsection (a) is amended by striking the phrase 6 months and inserting the

 phrase one year in its place.

                                                        3

                                                                             ENGROSSED ORIGINAL

                 (2) Paragraph (c) is amended to read as follows:

          (c) All persons subject to this act shall furnish to the Office, at the time and in the manner

 prescribed by the Office, such data, documents, information, records, and reports relating to

 information under their control as the Office may require. Data, documents, information, reports,

 and records submitted to the Office under the provisions of this section shall not be made public,

 nor shall the identities of persons and properties contained in reports submitted to the Office under

 the provisions of this section..

          (d) Section 305(g) (D.C. Official Code  2-1403.05(g)) is amended by striking the phrase

 the Corporation Counsel and inserting the phrase the Attorney General in its place.

          (e) Section 307 (D.C. Official Code  2-1403.07) is amended by striking the phrase the

 Corporation Counsel both times it appears and inserting the phrase the Attorney General in its

 place.

          (f) Section 315 (D.C. Office Code  2-1403.15) is amended as follows:

                 (1) Subsection (a) is amended by striking the phrase the Corporation Counsel and

 inserting the phrase the Attorney General in its place.

                 (2) Subsection (b) is amended to read as follows:

          (b) When the Commission certifies a matter to the Attorney General for enforcement, the

 Attorney General shall, in the Attorney Generals sole discretion, assess the matter to determine

 whether the order has the ability to be enforced. If the order is able to be enforced, the Attorney

 General shall institute, in the name of the District, civil proceedings, including the seeking of such

                                                        4

                                                                          ENGROSSED ORIGINAL

 restraining orders and temporary or permanent injunctions as are necessary to obtain complete

 compliance with the Commissions orders. In the event that successful civil proceedings do not

 result in securing such compliance, the Attorney General may institute criminal action..

        (g) A new section 316a is added to read as follows:

        Sec. 316a. Civil actions by the Attorney General.

        (a) In addition to any other remedies provided in this act, if the Attorney General has

 reason to believe that any person is violating the provisions of this act, the Attorney General may

 bring a civil action in the name of the District.

        (b) A civil action brought pursuant to this section:

                (1) May be brought at any time; and

                (2) Shall be independent of any other actions, remedies, or procedures that may be

 available to an aggrieved party pursuant to this or any other law. An aggrieved partys final

 adjudication or settlement shall not preclude the Attorney General from seeking any remedy on

 behalf of the District to which the District may be entitled.

        (c) In a civil action brought pursuant to this section:

                (1) If a person is found to have violated this act, the Attorney General may obtain

 the following civil penalties:

                        (A) If the person has not previously been adjudged to have committed any

 prior unlawful discriminatory practice or has committed at least one prior unlawful discriminatory

                                                          5

                                                                             ENGROSSED ORIGINAL

 practice other than in the periods provided in subparagraph (B) and (C) of this paragraph, in an

 amount not to exceed $10,000 per violation;

                        (B) If the person has, during the 5-year period ending on the date of the

 filing of the cause of action, been adjudged to have committed one other unlawful discriminatory

 practice, in an amount not to exceed $25,000 per violation; and

                        (C) If the person has, during the 7-year period ending on the date of the

 filing of the cause of action, been adjudged to have committed 2 or more unlawful discriminatory

 practices, in an amount not to exceed $50,000 per violation; and

                (2) The Attorney General shall not be required to prove damages, and any

 injunction issued shall be without bond.

        (d) Each separate and distinct action or practice that violates this act shall be deemed a

 violation under this section. An action or practice shall constitute multiple violations if it violates

 more than one provision of the act or violates the rights of more than one person. Each day that a

 discriminatory advertisement is posted in violation of this act shall be a violation.

        (e) The court may grant any additional relief in the civil action that it deems appropriate,

 including the restitution of money or property and the relief provided in sections 307 and 313(a).

        (f) Any penalties recovered pursuant to this section shall be deposited in the Litigation

 Support Fund, as established by section 106b of the Attorney General for the District of Columbia

 Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law

 21-36; D.C. Official Code  1-301.86b).

                                                        6

                                                                            ENGROSSED ORIGINAL

        (g)(1) In order to determine whether to seek relief under this section, the Attorney General

 may:

                          (A) Subpoena witnesses;

                          (B) Administer oaths;

                          (C) Examine an individual under oath;

                          (D) Require sworn answers in writing to written interrogatories; or

                          (E) Compel production of records, books, papers, contracts, and other

 documents, verified by a sworn certificate of completion.

                (2) Service of any document issued pursuant to this section shall be made by mail,

 e-mail, or any other method reasonably calculated to provide actual notice; provided, that the

 Superior Court of the District of Columbia may exercise jurisdiction over the recipient of the

 demand document consistent with the Due Process Clause of the Constitution of the United States.

                (3) Information or evidence obtained pursuant to this section shall not be

 admissible in a later criminal proceeding against the person who provides the information or

 evidence, except with respect to sworn statements that are the basis for a subsequent perjury

 prosecution.

                (4) Subpoenas or requests for interrogatories issued pursuant to this section shall

 contain the following:

                          (A) The name of the person from whom testimony is sought or the

 documents or materials requested;

                                                        7

                                                                           ENGROSSED ORIGINAL

                        (B) The person at the Office of the Attorney General to whom the

 documents shall be provided;

                        (C) A detailed list of the specific documents, books, papers, or objects

 being requested, if any;

                        (D) The date, time, and place that the recipient is to appear to give

 testimony or produce the materials specified under subparagraph (C) of this paragraph, or both;

                        (E) A short, plain statement of the recipient's rights and the procedure for

 enforcing and contesting the subpoena; and

                        (F) The signature of the Attorney General, Chief Deputy Attorney General,

 Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request.

                (5) Unless otherwise permitted by the Attorney General, only attorneys for the

 Office of the Attorney General and their staff, other persons they engage in the examination, the

 witness under examination, the witnesss attorney, interpreters when needed, and, for the purpose

 of taking the evidence, a stenographer or operator of a recording device, may be present during the

 taking of testimony.

                (6) In the case of refusal to obey a subpoena issued under this section, the Attorney

 General may petition the Superior Court of the District of Columbia for an order requiring

 compliance. Any failure to obey the order of the court may be treated by the court as contempt.

                (7) Any person to whom a subpoena has been issued under this section may

 exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued

                                                       8

                                                                             ENGROSSED ORIGINAL

 may move to quash or modify the subpoena in the Superior Court of the District of Columbia on

 grounds including:

                         (A) The Attorney General failed to follow or satisfy the procedures set

 forth in this section for the issuance of a subpoena; or

                         (B) Any grounds that exist under statute or common law for quashing or

 modifying a subpoena.

                 (8) In any action in the Superior Court of the District of Columbia pertaining to a

 subpoena issued under this section, the Attorney General shall be entitled to recover the costs of

 the action and reasonable attorneys' fees.

                 (9) Subpoenas or interrogatories under this section shall not be directed to a

 District government official or entity.

          (h) This section shall not be construed to create any additional rights or defenses for any

 party.

          (i) Prior to instituting any action pursuant to this section, the Attorney General shall give

 notice to the Office that it intends to file such action. Notice shall be provided at least 48 hours

 prior to filing the action, and the Office shall be required to keep information regarding the

 potential action confidential until the filing is made public. This notice shall not constitute a

 jurisdictional requirement, and failure to provide the notice required by this subsection shall not

 create a defense in the action.

                                                         9

                                                                         ENGROSSED ORIGINAL

        (j) Within 180 days after the effective date of the Attorney General Civil Rights

 Enforcement Clarification Amendment Act of 2022, as approved by the Government Operations

 and Facilities on November 17, 2022 (Committee print of Bill 24-446), the Attorney General and

 the Office may enter into, and may from time to time update, a Memorandum of Understanding

 (MOU) that addresses subjects such as the agencies sharing of information and documents,

 notifications, and the procedures underlying the Attorney Generals defense and enforcement of

 the Office's and the Commission's decisions and orders. No provision of this act, or of rules

 implementing this act, shall be construed to limit the information sharing between the Attorney

 General and the Office that the MOU may authorize, but such information sharing shall remain

 limited by any confidentiality requirements in any other law.

        Sec. 3. The Attorney General Civil Rights Enforcement Second Temporary Amendment

 Act of 2022, passed on 2nd reading on November 1, 2022 (Enrolled version of Bill 24-1043), is

 repealed.

        Sec. 4. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal impact

 statement required by section 4a of the General Legislative Procedures Act of 1975, approved

 October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Sec. 5. Effective date.

        This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), a 30-day period of congressional review as

                                                     10

                                                                       ENGROSSED ORIGINAL

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24,

 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.

                                                   11