(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 Town Manager/Clerk. Complaints shall be in writing and shall contain such information and be in such form as the Town Manager/Clerk requires. Upon receipt of such a complaint, the Town Manager/Clerk shall furnish a copy of the same 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 division (C) below, the Town Manager/Clerk shall investigate the complaint and give notice in writing to the person aggrieved whether he or she intends to resolve it. If the Town Manager/Clerk decides to resolve the complaint, he or she shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this subchapter without the written consent of the persons concerned. It is unlawful for any employee of the Town Manager/Clerk to make public any information in violation of this provision.
(B) A complaint under division (A) above 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 a 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 Town Manager/Clerk, 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 Town Manager/Clerk, the Town Manager/Clerk has been unable to obtain voluntary compliance with this subchapter, the person aggrieved may, within 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Town Manager/Clerk will assist in this filing.
(D) If the Town Manager/Clerk 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 subchapter, insofar as such 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 such practice or order such 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 Town Manager/Clerk shall immediately terminate all efforts to obtain voluntary compliance.
(1989 Code, § 11-1-10) Penalty, see § 151.99