1. (1) If a landlord engages in prohibited conduct described in section 38-12-1203 against a tenant, the tenant may bring a civil action to seek any one or more of the following remedies:

   1. (a) Compensatory damages for injury or loss suffered;
   2. (b) A civil penalty in an amount not to exceed two thousand dollars for each violation, payable to the tenant;
   3. (c) Costs, including reasonable attorney fees; and
   4. (d) Other equitable relief the court finds appropriate.

2. (2) Nothing in this part 12 renders the immigration or citizenship status of a tenant relevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's housing rights, no inquiry shall be permitted into the tenant's immigration or citizenship status unless:

   1. (a) The claims or defenses raised by the tenant place the tenant's immigration or citizenship status directly in contention; or
   2. (b) The person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.
3. (3) If a civil action is commenced pursuant to this section, any party to the civil action may demand a trial by jury.

Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 858, § 1, effective June 30.