(a) A complaint charging that any person has engaged in or is engaging in any unlawful practice as set forth in this chapter may be made to the Commission of Human Relations by an aggrieved person or by an organization which has as one of its purposes the combating of discrimination or the promotion of equal opportunities.
(b) The complaint shall be in writing, signed and verified by the complainant, and shall include the name and address of the person alleged to have committed the unlawful practice, the particulars thereof and such other information as may be required by the Commission.
(c) After the filing of any complaint or whenever there is reason to believe that an unlawful practice has been committed, the Commission shall make a prompt investigation in connection therewith.
(d) If the Commission determines that there is no basis for the allegations in the complaint, the complaint shall be dismissed and the complainant notified in writing. Within ten days from the receipt of such notice, the complainant or his or her attorney may file with the Commission a request for review and the Commission shall provide the complainant and his or her attorney an opportunity to appear before the Commission or a member thereof appointed by the majority of the members of the Commission.
(e) The purpose of the hearing shall be to resolve the problems promptly by the gathering of all the facts from all interested parties and making such recommendations as may be necessary, including the dismissal of the complaint, disallowing any further review of such decisions, if such action is warranted, and, in the event that probable cause of a violation exists, the Commission shall attempt to eliminate the unlawful practice by means of providing conferences or meetings with all parties.
(f) In any case of failure to eliminate the unlawful practice charged in the complaint by means of informal proceedings, or in advance thereof, if, in the judgment of the Commission, the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed.
(g) Where such a hearing is ordered, the Commission shall conduct such hearing. The Commission shall serve upon the person charged with having engaged or engaging in the unlawful practice, hereinafter referred to as the respondent, a statement of the charge made in the complaint and a notice of the time and place of the hearing. The hearing shall be held not less than ten days from the service of the statement of charges.
(h) The respondent may file an answer to the statement of charges, may appear at the hearing in person or be represented by an attorney or, subject to the approval of the hearing panel, by any other person, and may examine and cross-examine witnesses. The complainant may be represented by an attorney or, subject to the approval of the hearing panel, by any other person. The Commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and may be transcribed upon the request of either party.
(i) If, upon all the evidence at the hearing, the Commission finds that a respondent has engaged in or is engaging in an unlawful discriminatory practice, the Commission shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay; admission or restoration to membership in any respondent labor organization; selling or leasing specified commercial housing upon equal terms and conditions and with equal facilities, services and privileges; or lending money, whether or not secured by mortgage, for the acquisition, construction, rehabilitation, repair or maintenance of commercial housing, upon such equal terms and conditions to any person discriminated against or all persons as, in the judgment of the Commission, will effectuate the purposes of this chapter, including a requirement for a report of the manner of compliance.
(j) If, upon all the evidence, the Commission finds that a respondent has not engaged in an unlawful practice, the Commission shall state its findings of fact and shall issue and cause to be served upon the complainant an order dismissing the complaint.
(k) No complaint shall be considered unless it is filed with the Commission within thirty days after the occurrence of the alleged unlawful practice.
(l) Upon compliance by an owner or lessor, in offering a commercial housing for sale or lease, failure by the complainant to enter into a binding written agreement for sale within thirty days of compliance, in the case of the sale of real estate, or failure by the complainant to enter into a written or oral lease with the lessor within thirty days of compliance, in the case of the lease of real estate, shall result in a dismissal of the complaint and of all charges against the owner or lessor.
(Ord. 4174. Passed 1-23-80.)