(a) During the period beginning with the filing of a complaint and ending with the issuance of a charge, the dismissal of the complaint, or the dismissal of the criminal action in municipal court, the director shall try to conciliate the complaint. In conciliating a complaint, the director shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the aggrieved person’s rights and take action to assure the elimination of both present and future discriminatory housing practices.
(b) If a conciliation agreement is executed under this section, a party to the agreement may not be prosecuted in municipal court, nor may the director issue a charge against a party, for the discriminatory housing practice specified in the agreement under subsection (d)(1) below unless the director determines that the agreement has been violated and notifies the city attorney in writing of the violation.
(c) A conciliation agreement must be in writing and must be signed and verified by the respondent, the complainant, and the aggrieved person if different from the complainant, subject to approval of the director who shall indicate approval by signing the agreement. A conciliation agreement is executed upon its signing and verification by all parties to the agreement.
(d) A conciliation agreement executed under this section must contain:
(1) An identification of the discriminatory housing practice and corresponding respondent that gives rise to the conciliation agreement under subsection (a) above and the identification of any other discriminatory housing practice and the respondent that the parties agree to make subject to the limitation on prosecution of subsection (b) above;
(2) An identification of the housing accommodation subject to the conciliation agreement; and
(3) A statement that each party entering into conciliation agreement agrees:
a. Not to violate this chapter or the conciliation agreement; and
b. That the respondent shall file with the director a periodic activity report, if required by the terms of the conciliation agreement and/or any applicable state or federal laws or regulations.
1. The party who prepares the activity report must sign and verify the report.
2. An activity report must be filed each month on the date specified in the conciliation agreement for the period specified by the conciliation agreement, or by applicable law or regulations if different.
(e) In addition to the requirements of subsection (d) above, a conciliation agreement may include any other term or condition agreed to by the parties, including, but not limited to:
(1) Monetary relief in the form of damages, including humiliation and embarrassment and attorney fees; and
(2) Equitable relief such as access to the housing accommodation at issue, or to a comparable housing accommodation, and provision of services and facilities in connection with a housing accommodation.
(f) Nothing said or done, or documents produced, during the course of conciliation efforts may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of any person concerned.
(g) A conciliation agreement shall be made public, unless the aggrieved person or the respondent requests nondisclosure and the director determines that disclosure is not required to further the purposes of this division. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the director may publish tabulated descriptions of the results of all conciliation efforts.
(h) If the aggrieved person brings a civil action under a local, state or federal law seeking relief for the alleged discriminatory housing practice and the trial in the action begins, the director shall terminate efforts to conciliate the complaint unless the court specifically requests assistance from the director. The director may also terminate efforts to conciliate the complaint if:
(1) The respondent fails or refuses to confer with the director;
(2) The aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or
(3) The director finds, for any reason, that voluntary agreement is not likely to result.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)