D.C. Code § 2-1403.16 – Private cause of action.

(a) Any person claiming to be aggrieved by an unlawful discriminatory practice under this unit may file a private cause of action in a court of competent jurisdiction for damages and such other remedies as may be appropriate, consistent with the provisions of this section.
(b)
1. (1) Except as otherwise provided in this section, a private cause of action brought pursuant to this unit shall be filed in a court of competent jurisdiction within 2 years after the unlawful discriminatory act, or the discovery thereof.
2. (2) The timely filing of a complaint with the Office, under this unit or under procedures established by the Mayor pursuant to § 2-1403.03, shall toll the time to file a private cause of action until after the Office has served a notice of right to file a civil action on the complainant pursuant to § 2-1403.06a.
(c)
1. (1) After filing a complaint with the Office, a person shall maintain all rights to bring suit in any court of competent jurisdiction if:
  1. (A) The person submitted a written notice of withdrawal before the completion of the Office's investigation; or
  2. (B) The Office dismissed the complaint on grounds of lack of jurisdiction, no probable cause, or administrative convenience.
2. (2) A person who brings a private cause of action pursuant to this subsection shall file suit no later than 90 days after the Office has served the notice of right to file a civil action or within the remaining limitations period referenced in subsection (b) of this section, whichever is longer.
(d) With the exception of complaints alleging unlawful discrimination in residential real estate transactions brought pursuant to this unit or the FHA covered by § 2-1403.05, if the Office has made a probable cause finding against a respondent, the person may bring a private cause of action only if:
1. (1) The person submitted written notice of withdrawal to the Office on or before the 30th day after the close of discovery before the Commission or a hearing examiner; and
2. (2) The person filed the cause of action no later than 90 days after the Office has served the notice of right to file a civil action or within the period remaining on the statute of limitations referenced in subsection (b) of this section, whichever is longer.
(e) 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 unit may file the same complaint with the Office.
(f) The court may grant any relief it deems appropriate, including, the relief provided in §§ 2-1403.07 and 2-1403.13(a), to a person who brings a cause of action pursuant to this section, including an action against the District of Columbia.
(g) A court may consider but shall not be bound by the prior finding, decision, or other record of the Office.
(h) The notice requirement of § 12-309 shall not apply to any action brought against the District of Columbia under this section.

History

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

Dec. 13, 1977, D.C. Law 2-38, title III, § 316a

Mar. 21, 2025, D.C. Law 25-300, § 2(f)

Effect of Amendments

The 2015 amendment by D.C. Law 20-266 added (c).

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.”

Prior Codifications

1973 Ed., § 6-2296.

1981 Ed., § 1-2556.

Section References

This section is referenced in § 2-1403.03 and § 2-1403.05.

Emergency Legislation

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).

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 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

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).

Temporary Legislation

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).

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) 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).

Applicability

Applicability of D.C. Law 25-300: § 3 of D.C. Law 25-300 provided that the amendment to this section by § 2(f) of D.C. Law 25-300 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7192 of D.C. Act 26-146 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(f) of D.C. Law 25-300 has been implemented.

Section 7192 of D.C. Act 26-210 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(f) of D.C. Law 25-300 has been implemented.

Section 7192 of D.C. Law 26-55 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(f) of D.C. Law 25-300 has been implemented.