(A) Any person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter “person aggrieved”) may file a complaint with the Mayor. Complaints shall be in writing and shall contain information and be in the form as the Mayor requires. Upon receipt of a complaint, the Mayor shall furnish a copy of the complaint to the person who allegedly committed or is about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference under subsection (C) of this section, the Mayor shall investigate the complaint and give notice in writing to the person aggrieved whether he or she intends to resolve it. If the Mayor decides to resolve the complaint, he or she shall proceed to try to eliminate or correct the alleged discriminatory practice by information methods of conference, conciliation and persuasion. Nothing said or done in the course of the information endeavors may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned. Any employee of the Mayor who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor.
(B) A complaint under subsection (A) of this section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him or her and with the leave of the Mayor, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
(C) If, within 30 days after a complaint is filed with the Mayor, the Mayor has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Mayor will assist in this filing.
(D) If the Mayor has been unable to obtain voluntary compliance within 30 days of the complaint, the person aggrieved may, within 30 days hereafter, commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this article, insofar as the rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in the practice or order the affirmative action as may be appropriate.
(E) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(F) Whenever an action filed by an individual shall come to trial, the Mayor shall immediately terminate all efforts to obtain voluntary compliance.
(1977 Code, § 9.2-30) (Ord. 91-14, passed 7-8-1991)