(a) Any person subjected to an unlawful housing practice may file within 120 days of the alleged violation with Council 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 Council. Council may also corroborate or initiate complaints on the basis or studies carried out by its staff or volunteers authorized by Council.
(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 fourteen business 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 Council or its staff unless the parties agree thereto in writing.
(c) The terms of 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 Council by its chairman.
(d) Council 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 Council.
(e) If the Fair Housing Officer determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he/she shall so inform Council and Council may in its discretion dismiss such complaint or order such further investigation as may be necessary; provided, that Council shall not dismiss such complaint without first affording either party an opportunity to appear before Council. The Fair Housing Officer shall in writing present to Council probable cause or nonprobable cause.
(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 Council and Council shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. Council shall serve upon all interested parties a notice of the time and place of the hearing. The respondent or his authorized counsel may file and amend such statements with Council 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 fifteen calendar daysnor more than thirty calendar days after service of the statement of charges and summons. The summons so issued shall be signed by a majority of Council 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 Council 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, Council shall furnish such party a copy of the hearing record, at such costs as Council deems appropriate.
(g) If at the conclusion of the hearing, Council shall determine upon the preponderance of the evidence that the person complained against has violated this chapter, Council shall, after consultation with the Mayor in executive session, state its findings to and cause the City Attorney to prepare and issue an order under Council directive requiring the person complained against to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purpose of this chapter, with notice that if Council, 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 the City Attorney for enforcement.
The City Attorney shall seek compliance by appropriate civil action brought in the name of the Human Relations Council of the City before a court of competent jurisdiction.
(h) If at the conclusion of the hearing Council shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, Council shall so state and publish its finding and issue its order dismissing the complaint.
(Ord. 29-83. Passed 7-18-83.)