(a) Any person subjected to an unlawful housing practice may file within 120 days of the alleged violation with the Fair Housing Board a complaint in writing, sworn to or affirmed, which shall state: the name and address of the person aggrieved; the name and address of the person against whom the complaint is filed; a description and the address of the dwelling, which involves the alleged discriminatory housing practices; a concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice, and such other information as may be required by the Board.
(b) Upon the filing of a complaint the Fair Housing Officer shall make such investigations as deemed appropriate to ascertain facts and issues. Such investigation shall be conducted within thirty days after the filing of the complaint. If the Fair Housing Officer shall determine that there are reasonable grounds to believe a violation has occurred, he shall attempt to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by any member of the Board or its staff unless the parties agree thereto in writing.
(c) The terms and conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties. Consent agreement shall be signed on behalf of the Board by its chairman, or by the Fair Housing Officer.
(d) The Board is authorized to seek the cooperation and aid of the Ohio Real Estate Commission, Ohio Civil Rights Commission, or the U.S. Department of Housing and Urban Development and any other person or group regarding any matter before the Board.
(e) If the Fair Housing Officer determines that the complaint lacks reasonable grounds on which to base a violation of this chapter, he/she shall so inform the Board and the Board may in its discretion dismiss such complaint or order such further investigation as may be necessary.
(f) If the Fair Housing Officer, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties have in good faith attempted such conciliation, fails to effect an informal conciliation agreement or a formal consent agreement or determines that a complaint is not susceptible of conciliation, he shall so notify the Board and the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Board shall serve upon the respondent a written statement of charges and summons and shall serve upon all interested parties a notice of the time and place of the meeting. The respondent or his authorized counsel may file and amend such statements with the Board prior to the hearing date as it deems necessary in support of its position. The hearing shall be opened to the public. The hearing shall be held not less than thirty calendar days nor more than sixty calendar days after service of the statement of charges and summons. The summons so issued shall be signed by a majority of the Board and the issuance of such summons shall require the attendance of named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter. The interested parties may, at their option, appear before the Board in person or by duly authorized parties, may present testimony and evidence, and the right to cross-examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The Fair Housing Officer shall keep a full record of the hearing which record shall be public and open to inspection by any person, and upon request by any principal party to the proceeding, the Board shall furnish such party a copy of the hearing record, at such costs as the Board deems appropriate.
(g) If, at the conclusion of the hearing, the Board shall determine upon the preponderance of the evidence that the person complained against has violated this chapter; the Board shall, after consultation with Council in executive session, state its findings to and cause Council to prepare and issue an order under Board directive requiring the person complained against to cease and desist action as will effectuate the purposes of this chapter, with notice that if the Board, upon investigation by the Fair Housing Officer, determines that the person complained against has not after fifteen calendar days following services of Council, will recertify the matter to Council for enforcement.
Council shall seek compliance by appropriate civil action brought in the name of the Fair Housing Board of the City before a court of competent jurisdiction.
(h) If, at the conclusion of the hearing, the Board shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, the Board shall so state and publish its findings and issue its order dismissing the complaint.
(Ord. 89-47. Passed 6-26-89.)