SECTION 1. Sections 34-37-3, 34-37-4 and 34-37-5 of the General Laws in Chapter 34- 37 entitled "Rhode Island Fair Housing Practices Act" are hereby amended to read as follows: 34-37-3. Definitions. When used in this chapter:
(1) “Age” means anyone over the age of eighteen (18).
(2) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant Marines, Space Force, or Air Force of the United States and the Rhode Island National Guard.
(3) “Commission” means the Rhode Island commission for human rights created by § 28- 5-8.
(4) “Disability” means a disability as defined in § 42-87-1. Provided, further, that the term “disability” does not include current, illegal use of, or addiction to, a controlled substance, as defined in 21 U.S.C. § 802.
(5) “Discriminate” includes segregate, separate, or otherwise differentiate between or among individuals because of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, housing status, or familial status or because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, housing status, or familial status of any person with whom they are, or may wish to be, associated.
(6) The term “domestic abuse” for the purposes of this chapter shall have the same meaning as that set forth in § 15-15-1 and include all forms of domestic violence as set forth in § 12-29-2, except that the domestic abuse need not involve a minor or parties with minor children. (7)(i) “Familial status” means one or more individuals who have not attained the age of eighteen (18) years being domiciled with:
(A) A parent or another person having legal custody of the individual or individuals; or
(B) The designee of the parent or other person having the custody, with the written permission of the parent or other person, provided that, if the individual is not a relative or legal dependent of the designee, that the individual shall have been domiciled with the designee for at least six (6) months.
(ii) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
(8) The terms, as used regarding persons with disabilities, “auxiliary aids and services,” “reasonable accommodation,” and “reasonable modifications” have the same meaning as those terms are defined in § 42-87-1.1.
(9) The term “gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender- related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.
(10) “Housing accommodation” includes any building or structure, or portion of any building or structure, or any parcel of land, developed or undeveloped, that is occupied or is intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or more persons.
(11) “Otherwise qualified” includes any person with a disability who, with respect to the rental of property, personally or with assistance arranged by the person with a disability, is capable of performing all the responsibilities of a tenant as contained in § 34-18-24.
(12) “Owner” includes any person having the right to sell, rent, lease, or manage a housing accommodation.
(13) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, labor organizations, mutual companies, joint stock companies, trusts, receivers, legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as defined in chapter 20.5 of title 5.
(14) “Senior citizen” means a person sixty-two (62) years of age or older.
(15) The term “sexual orientation” means having, or being perceived as having, an orientation for heterosexuality, bisexuality, or homosexuality.
(16) The term “victim” means a family or household member and all other persons contained within the definition of those terms as defined in § 12-29-2.
(17) The term “housing status” means the status of having or not having a fixed or regular residence, including the status of living on the streets or in a homeless shelter or similar temporary residence.
(18) The term “lawful source of income” means and includes any income, benefit, or subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any other federal, state, or local public assistance program, including, but not limited to, medical or veterans assistance; any federal, state, or local rental assistance or housing subsidy program, including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C. § 1437; and any requirement associated with such public assistance, rental assistance, or housing subsidy program. 34-37-4. Unlawful housing practices.
(a) No owner having the right to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of these, shall, directly or indirectly, make, or cause to be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, or disability, age, familial status nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or tenant of the housing accommodation; directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of the individual or the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin or disability, age, or familial status of any person with whom the individual is or may wish to be associated; or shall, or on the basis that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for protection from domestic abuse. Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly or indirectly, issue any advertisement, notice or statement relating to the sale, rental, or lease of the housing accommodation that indicates any preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, or shall, directly or indirectly, discriminate against any individual because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in connection with it. Nor shall an owner having the right to sell, rent, lease, or manage a housing accommodation as defined in § 34-37-3, or an agent of any of these, directly or indirectly, misrepresent the availability of a housing accommodation or delay the processing of applications relating to the sale, rental, or lease of the housing accommodation based upon an individual’s race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse. Nothing in this section shall be construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant is eighteen (18) years of age or older, or to confirm the source, amount, and expected duration of the lawful source of income of the prospective purchaser or tenant to determine whether the prospective purchaser or tenant meets the nondiscriminatory standards and preferences or terms, conditions, limitations, or specifications permitted under subsection (c) of this section.
(b) No person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation, whether secured or unsecured, shall directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of any individual seeking the financial assistance, or of existing or prospective occupants or tenants of the housing accommodation; nor shall any person to whom the application is made in the manner provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining or use of any financial assistance against any applicant because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of the applicant or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18).
(c) Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease, or manage a housing accommodation to establish standards and preferences and set terms, conditions, limitations, or specifications in the selling, renting, leasing, or letting thereof or in the furnishing of facilities or services in connection therewith that do not discriminate on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of any prospective purchaser, lessee, tenant, or occupant thereof or on the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of any person with whom the prospective purchaser, lessee, tenant, or occupant is or may wish to be associated. Nothing contained in this section shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for, or offering financial assistance in, the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations, or specifications for the granting of loans or financial assistance that do not discriminate on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of the applicant for the loan or financial assistance or of any existing or prospective owner, lessee, tenant, or occupant of the housing accommodation. If a landlord requires that a prospective or current tenant have a certain minimum level of income, the standard for assessing eligibility shall be based only on the portion of the rent to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance or housing subsidy.
(d) An owner may not refuse to allow a person with a disability to make, at his or her expense, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, except that, in the case of a rental, the owner may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of the restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in the account shall accrue to the benefit of the tenant. The restoration deposition shall be exempt from § 34-18-19(a) but will be subject to § 34-18-19(b) through (f) inclusive. (e)(1) An owner may not refuse to make reasonable accommodations in rules, policies, practices, or services when those accommodations may be necessary to afford an occupant with a disability equal opportunity to use and enjoy a dwelling housing accommodation.
(2) Every person with a disability who has a guide dog or other personal assistive animal, or who obtains a guide dog or other personal assistive animal, shall be entitled to full and equal access to all housing accommodations provided for in this section and shall not be required to pay extra compensation for the guide dog or other personal assistive animal but shall be liable for any damage done to the premises by a guide dog or other personal assistive animal. For the purposes of this subsection, a “personal assistive animal” is an animal specifically trained by a certified animal training program to assist a person with a disability to perform independent living tasks.
(f) Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991, shall be designed and constructed in such a manner that:
(1) The public use and common use portions of the dwellings are readily accessible to and usable by persons with disabilities;
(2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons with disabilities in wheelchairs;
(3) All premises within the dwellings contain the following features of adaptive design:
(i) Accessible route into and through the dwelling;
(ii) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(iii) Reinforcements in bathroom walls to allow later installation of grab bars; and
(iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. To the extent that any state or local building codes, statutes, or ordinances are inconsistent with this section, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with this section as soon as possible, but no later than September 30, 1990.
(g) Compliance with the appropriate requirements of the state building code 14 “accessibility for individuals with disabilities for residential use groups” suffices to satisfy the requirements of subsection (f).
(h) As used in subsection (f), the term “housing accommodation of four (4) units or more” means:
(1) Buildings consisting of four (4) or more units if those buildings have one or more elevators; and
(2) Ground floor units in other buildings consisting of four (4) or more units.
(i) Nothing in subsection (f) shall be construed to limit any law, statute, or regulation that requires a greater degree of accessibility to persons with disabilities.
(j) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
(k) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, sublessee, or assignee from advertising or selecting a person of the same or opposite gender to rent, lease, or share the housing unit that the owner, lessee, sublessee, or assignee will occupy with the person selected.
(l) No person shall aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful housing practice; or obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder; or attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.
(m) No owner; person defined in § 34-37-3(13); person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation, whether secured or unsecured; no financial organization governed by the provisions of title 19 or any other credit-granting commercial institution; or respondent under this chapter; or any agent of these shall discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter.
(n) Nothing in this section shall prevent a landlord from proceeding with eviction action against a tenant who fails to comply with § 34-18-24(7). 34-37-5. Prevention of unlawful housing practices.
(a) The commission is empowered and directed to prevent any person from violating any of the provisions of this chapter, provided that before instituting a formal proceeding, it shall attempt by informal methods of conference, persuasion, and conciliation to induce compliance with this chapter.
(b) Upon the commission’s own initiative or whenever an aggrieved individual or an organization chartered for the purpose of or engaged in combating discrimination or racism or of safeguarding civil liberties, that organization acting on behalf of one or more individuals being hereinafter referred to as the complainant, makes a charge, in writing, under oath, to the commission that any person, agency, bureau, corporation, or association, hereinafter referred to as the respondent, has violated or is violating, to the best of complainant’s knowledge and belief, any of the provisions of this chapter, and that the alleged discriminatory housing practice has occurred or terminated within one year of the date of filing, the commission may initiate a preliminary investigation and if it shall determine after the investigation that it is probable that unlawful housing practices have been or are being engaged in, it shall endeavor to eliminate the unlawful housing practices by informal methods of conference, conciliation, and persuasion. Nothing said or done during these endeavors may be used as evidence in any subsequent proceeding. If after the investigation and conference, the commission is satisfied that any unlawful housing practice of the respondent will be eliminated, it may, with the consent of the complainant, treat the charge as conciliated, and entry of that disposition shall be made on the records of the commission. If the commission fails to effect the elimination of the unlawful housing practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary investigation or endeavors, the commission shall have the power to issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein fixed to be held not less than ten (10) days after the service of the complaint.
(c) The commission, member thereof, or hearing examiner conducting the hearing shall have the power reasonably and fairly to amend any written complaint at any time prior to the issuance of an order based thereon. The respondent shall have like power to amend its answer to the original or amended complaint at any time prior to the issuance of the order. The commissioner assigned to the preliminary hearing of any charge shall take no part in the final hearing except as a witness upon competent matters and will have no part in the determination or decision of the case after hearing.
(d) The respondent shall have the right to file an answer to the complaint and shall appear at the hearing in person or otherwise with or without counsel to present evidence and to examine and cross-examine witnesses.
(e) In any proceeding, the commission, its member, or its agent shall not be bound by the rules of evidence prevailing in the courts.
(f) The commission shall in ascertaining the practices followed by the respondent take into account all evidence, statistical or otherwise, that may tend to prove the existence of a predetermined pattern of discrimination in housing.
(g) The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission upon notice may take further testimony or hear argument. (h)(1) If upon all the testimony taken the commission shall determine that the respondent has engaged in or is engaging in unlawful housing practices, the commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful housing practices, and to take further affirmative or other action as will effectuate the purposes of this chapter.
(2) The commission may also order the respondent to pay the complainant damages sustained thereby; costs, including reasonable attorney’s fees incurred at any time in connection with the commission of the unlawful act, and civil penalties, any amounts awarded to be deposited in the state treasury. The civil penalty shall be (i) An amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year (5) period ending on the date of filing this charge; and (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more discriminatory housing practices during the seven-year (7) period ending on the date of the filing of this charge; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in (ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. When determining the amount of civil penalties, the commission shall consider as a mitigating factor whether the respondent has acted in good faith and whether the respondent has actively engaged in regular antidiscrimination educational programs. Provided that no order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of the order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this title.
(i) If the commission shall find that no probable cause exists for crediting the charges, or, if upon all the evidence, it shall find that a respondent has not engaged in unfair housing practices, the commission shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the complaint as to the respondent. A copy of the order shall be delivered in all cases to the attorney general and such other public officers as the commission deems proper.
(j) Until a transcript of the record in a case shall be filed in a court as provided in subsection (m), the commission may at any time, upon reasonable notice, and in such manner as it shall deem proper, modify or set aside, in whole or in part, any of its findings or orders.
(k) Until such time as a hearing is convened pursuant to this section, no publicity shall be given to any proceedings before the commission, either by the commission or any employee thereof, the complainant, or the respondent, except that in the event of a conciliation agreement the agreement shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter. After the complaint issues and before an order issues, the commission shall not initiate any public notice of any charge or complaint before the commission, however, the commission may respond to inquiries about the status of a complaint.
(l) A complainant may seek a right to sue in state court if not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, if the commission has been unable to secure a settlement agreement or conciliation agreement and if the commission has not commenced hearing on a complaint. The commission shall grant the right to sue within thirty (30) days after receipt of the request. This shall terminate all proceedings before the commission and shall give to the complainant the right to commence suit in the superior court within any county as provided in § 28-5-28 within ninety (90) days after the granting of the request. Any party may claim a trial by jury. The superior court may make orders consistent with subsection
(h) and may also award punitive damages and such other damages as the court deems just and proper. (m)(1) The commission is further empowered to file a complaint in the superior court in any county in which the unlawful housing practice allegedly occurs, or has occurred, or in which a defendant resides or maintains a business office, or in Providence County, seeking injunctive relief, including a temporary restraining order, against the defendant.
(2) No preliminary injunction shall be effective for more than thirty (30) days; provided that, if the defendant has sought judicial review of an order of the commission issued pursuant to this section, or if the commission has sought a decree of the court for the enforcement of the order, the preliminary injunction shall remain in full force and effect until such time as the judicial review or the commission’s petition for the decree of enforcement is finally heard and determined.
(3) In any proceeding under this subsection, the commission may, if the prayer of the original or amended complaint so requests, proceed at the proper time to obtain the relief provided in § 34-37-6.
(4) The application by the commission for injunctive relief shall not prevent the commission from continuing to prosecute the proceeding before it out of which the application arises.
(5) Whenever a complaint shall be filed under the provisions of this subsection, the state shall be liable, in an action brought against it, for the payment of such costs and damages as may have been incurred or suffered by the defendant should final judgment be entered upon the complaint in favor of the defendant, or should the commission, having been denied temporary relief after the entry of a restraining order, fail to prosecute the matter further, or should the commission, having been granted temporary relief, fail to prosecute the matter further, unless, in the latter two
(2) instances, failure to prosecute is caused by the making of an agreed settlement of any kind with the defendant, including a conciliation agreement.
(6) All proceedings taken pursuant to the provisions of this section shall take precedence over all other civil matters then pending before the court.
(n) The complainant or the respondent may elect, within twenty (20) days after receipt of a finding of probable cause, to terminate by written notice to the commission all proceedings before the commission and have the case heard in the superior court. In the event of an election to terminate the proceedings, the commission shall issue a right to sue notice to the complainant with a copy of the notice sent to all parties.
(1) The complainant shall have the right to commence suit in the superior court within any county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice. Either party may claim a trial by jury in the superior court.
(2) Notwithstanding the termination of proceedings before the commission upon the granting of the right to sue notice, the parties may agree to have the commission seek to conciliate or mediate settlement of the case within the ninety-day (90) period in which the complainant has the right to commence suit in superior court.
(o) If an election is made under subsection (n):
(1) The complainant, the commission, or the attorney general may commence a civil action on behalf of the aggrieved person in the superior court within any county as provided in § 28-5-28 within ninety (90) days of the date of the right to sue notice under subsection (n);
(2) Any party may claim a trial by jury. Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action;
(3) The superior court may make orders consistent with subsection (h) and may also award punitive damages and such damages as the court deems just and proper; provided, that the court shall not enter a consent order, dismissal stipulation, or judgment settling claims of discrimination in an action or proceeding under this chapter, unless the parties and their counsel attest that a waiver of all or substantially all attorneys’ fees was not compelled as a condition of the settlement.
SECTION 2. This act shall take effect upon passage.
