(a) Damages and other relief for complainant. After finding a violation of this Article or Articles X, XI, or XIII, the case review board may order the payment of damages (other than punitive damages) and any other relief that the law and the facts warrant, such as:
(A) reasonable attorney's fees;
(D) unreimbursed travel or other reasonable expenses;
(E) damages not exceeding $500,000 for humiliation and embarrassment, based on the nature of the humiliation and embarrassment, including its severity, duration, frequency, and breadth of observation by others;*
*Editor’s note—Subparagraph (E) of Sec. 27-8(a)(1) was amended by 2005 L.M.C., ch. 29, § 2 (Bill 36- 04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06. Prior to 2005 L.M.C., ch 29, subparagraph (E) read as follows: (E) up to $5,000 for humiliation and embarrassment, based on the nature of the humiliation and embarrassment, including its severity, duration, frequency, and breadth of observation by others.
(F) financial losses resulting from the discriminatory act or a violation of Article X; and*
*Editor’s note—Subparagraph (F) of Sec. 27-8(a)(1) was added and former subparagraph (F) was relettered (G) by 2005 L.M.C., ch. 29, § 2 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
(G) interest on any damages from the date of the discriminatory act or violation, as provided in subsection (c);
(2) equitable relief to prevent the discrimination or the violation of Articles X, XI, or XIII and otherwise effectuate the purposes of this Chapter;
(3) consequential damages, such as lost wages from employment discrimination or a violation of Article X or higher housing costs from housing discrimination, for up to 2 years after the violation, not exceeding the actual difference in expenses or benefits that the complainant realized while seeking to mitigate the consequences of the violation (such as income from alternate employment or unemployment compensation following employment discrimination); and
(4) any other relief that furthers the purposes of this Article or Articles X, XI, or XIII or is necessary to eliminate the effects of any discrimination prohibited under this Article.
(1) In addition to any damages awarded to any person under this Article, the case review board may require any person, except the County, who has violated this Article or Article XII to pay to the County as a civil penalty:
(A) for each violation involving discrimination in housing:
(i) up to $10,000, if no court or administrative agency has found that the respondent committed any previous discriminatory act or practice involving discrimination in housing;
(ii) up to $25,000, if any court or administrative agency has found that the respondent committed a previous act or practice involving discrimination in housing during the 5 years before this complaint was filed with the Commission; and
(iii) up to $50,000, if any court or administrative agency has found that the respondent committed 2 or more previous acts or practices involving discrimination in housings during the 7 years before this complaint was filed with the Commission;
(B) for each violation involving discrimination in employment or public accommodations, up to $5,000;
(C) for each violation involving discrimination in commercial real estate, up to $1,000;
(D) for each violation involving intimidation, up to $1,000;
(E) for each violation of Article XII, up to $1,000;
(F) for any other violation, $500.
(2) When imposing a civil penalty, the board must consider:
(A) any prior findings of discrimination;
(B) the willfulness of the discrimination act; and
(C) the severity of the complainant's injury.
(c) Interest. The board may order the respondent to pay to the complainant interest on a damage award at 6 percent per year of any money that was unavailable to the complainant as a result of the act of discrimination, from the date of the discriminatory act to the later of the date of the Commission or judicial order. After judgment, the rate of interest on the judgment is 10 percent per year. (2001 L.M.C., ch. 9, § 1; , § 2; , § 1; , § 1; , § 1; , §1.)
Editor’s note—Section 27-8 is quoted in Manor Country Club v. Flaa, 387 Md. 297, 874 A.2d 1020 (2005), reversing and remanding 158 Md. App. 483, 857 A.2d 604 (2004), where the Court interpreted factors for calculating attorney’s fees under former language contained in Montgomery County Code § 27-7; the section was amended prior to the Court’s decision.
See County Attorney Opinion dated indicating that the Human Relations Commission does not have jurisdiction to investigate complaints of housing or public accommodation discrimination by inmates at the County detention center.
