Alaska Stat. § 18.80. § 18.80.145

Intervention by State Commission for Human Rights

In Force
Verified 10/28/2026 · Next check 11/4/2026
AlaskaFair Housing & Anti-Discrimination

Operative Text

Alaska Stat. § 18.80. § 18.80.145
(a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission.  Upon timely application, the commission may intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to prevent irreparable injury to the plaintiff.

(b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120 and 18.80.130, the decision of the commission is binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not resolved in the hearing.

(c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under AS 18.80.135, whether or not the person was a party to, or complainant in, the administrative proceedings.

(d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.
Source: Legislative text reproduced verbatim
Plain English

Alaska Statute § 18.80.145 establishes a coordination mechanism between private civil rights lawsuits and the Alaska State Commission for Human Rights. When a private plaintiff files a housing or civil rights action in superior court, the Commission must be notified and may join the case as a full party. If the Commission is already investigating the same conduct, the court can pause the lawsuit for up to 45 days (or longer if the court allows) while the Commission conducts its own administrative process, though the court retains authority to issue emergency injunctions to prevent irreparable harm. Any Commission decision reached during that pause is binding on the court case for the issues it resolved.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under AS 18.80.145, a property owner or manager named as a defendant in a civil rights lawsuit should be aware that the Alaska State Commission for Human Rights may enter the case as a party in its own right, independent of either side's wishes. If the Commission is already investigating the same conduct, court proceedings can be deferred while the Commission completes its process, and any resulting Commission decision carries binding effect on the court action for the issues addressed. Operators who maintain clear, documented fair-housing policies and practices are generally better positioned to respond consistently across both administrative and judicial proceedings.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

AS 18.80.145 gives tenants and other plaintiffs an important procedural protection: the Alaska State Commission for Human Rights must be notified when a civil rights lawsuit is filed, and the Commission can step in as a party to support the case. Even if court proceedings are paused while the Commission investigates, a plaintiff retains the right to pursue judicial review under AS 18.80.135 once the Commission issues its decision, regardless of whether they were formally a party to the administrative hearing. Tenants who believe their civil rights have been violated may wish to consult a tenant-rights organization or legal aid office to understand how the administrative and court processes under this section interact.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

AS 22.10.020
Not yet ingested

References In

Rules and statutes that cite this regulation

AS 18.80.115
AS 18.80.300
AS 18.80.200
AS 18.80.240
AS 18.80.120
AS 18.80.100
AS 18.80.110
AS 18.80.120
AS 18.80.200
AS 18.80.100
AS 18.80.105
AS 18.80.110
AS 18.80.120
AS 18.80.110
AS 18.80.130
AS 18.80.120
AS 18.80.120
AS 18.80.135
AS 18.80.280
AS 18.80.120
AS 18.80.100

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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