(a) An person who claims to have been injured by a discriminatory housing practice, or who believes that he or she will be irrevocable injured by a discriminatory housing practice that is about to occur (hereinafter “person aggrieved”), may file a complaint with the City Clerk. Complaints shall be in writing and shall contain such information and be in such form as the City Council requires. Upon receipt of such a complaint, the City Clerk shall furnish a copy of the same to the person or persons who allegedly committed or are 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) below, the City Council shall investigate the complaint and give notice in writing to the person aggrieved whether they intend to resolve it. If the City Council intends to resolve the complaint(s), they 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 endeavor may be made public without the written consent of the persons concerned. Any employee of the City Council who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year. Complaints may also be field with State Commission on Civil Rights, 900 S.W. Jackson Street, Suite 851S, Topeka, Kansas 66612-1258.
(b) A complaint under subsection (a) shall be filed within 180 days after the alleged discriminatory housing practice occurred. The complaint 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 Council, 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 City Clerk, the State Commission on Civil Rights, the City Council has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, file a complaint with the U.S. Department of Housing and Urban Development, Kansas City Regional Office, Region VII, Gateway Tower II, 400 State Avenue, Kansas City, Kansas 66101. The City Council will assist in this filing.
(d) If the City Council has been unable to obtain voluntary compliance within 30 days of the complaint, the person aggrieved may, within 30 days thereafter, 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 such rights related to the subject to 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 such practice or order such affirmative action as may be appropriate.
(e) In any proceeding brought pursuant to this section, the burden or proof shall be on the complainant.
(f) Whenever an action filed by an individual shall come to trial, the City Council shall immediately terminate all efforts to obtain voluntary compliance.
(g) Any person who has intimidated any other person from the exercise or enjoyment of his or her rights under § 8-906, shall be subject to a fine of not more than $1,000, or imprisoned not more than one year, or both.
(Prior Code, § 8-909) (Ord. 1238, passed 8-12-1991)