(A) Duty of Commission to investigate discriminatory housing practices; filing of complaint; amendment; notice.
(1) The Commission shall inform the complainant who is alleging a discriminatory housing practice of the option to elect to file a complaint at either the state or local level and of the possibility that a referral may be made from one level of government to another.
(2) The Commission shall investigate alleged discriminatory housing practices.
(3) A complaint concerning an alleged discriminatory housing practice must be:
(a) In writing;
(b) Under oath; and
(c) In the form prescribed by the Commission.
(4) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the Commission alleging the discriminatory housing practice.
(5) Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the Commission may file the Commission's own complaint.
(6) A complaint under this section may be amended at any time.
(7) When a complaint is filed under this section, the Commission shall do the following:
(a) Give the aggrieved person notice that the complaint has been received.
(b) Advise the aggrieved person of the time limits and choice of forums under this section.
(c) Not later than 20 days after filing of the complaint or the identification of an additional respondent under division (D) of this section, serve on each respondent:
1. A notice identifying the alleged discriminatory practice and advising the respondent of the procedural rights and obligations of a respondent under thin section; and
2. A copy of the original complaint.
3. Notice may be served on a respondent by any means authorized under the Indiana Rules of Trial Procedure.
(B) Answer to complaint.
(1) Not later than ten days after receipt of notice and a copy of the complaint under division (A)(7), a respondent shall file an answer to the complaint.
(2) An answer must be:
(a) In writing; and
(b) In the form prescribed by the Commission.
(3) An answer may be amended at any time.
(4) An answer does not inhibit the investigation of a complaint.
(C) Investigation of complaints referred by federal or state government; completion of investigation.
(1) If the federal or state government has referred a complaint to the Commission or has deferred jurisdiction over the subject matter of the complaint to the Commission, the Commission shall promptly investigate the allegations set forth in the complaint.
(2) The Commission shall investigate all complaints, filed under this section and except as provided by subdivision (3), shall complete an investigation not later than 100 days after the date the complaint is filed, or if the Commission is unable to complete the investigation within the 100 day period, shall dispose of all administrative proceedings related to the investigation not later than one year after the date the complaint is filed.
(3) If the Commission is unable to complete an investigation within the time periods prescribed by subdivision (2), the Commission shall notify the complainant and the respondent in writing of the reasons for the delay.
(D) Joinder of additional or substitute respondents.
(1) The Commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the Commission determines that the person should be accused of a discriminatory housing practice.
(2) In addition to the information required in the notice under division (A)(6)(c) of this section, the Commission shall include in a notice to a respondent joined under this section an explanation of the basis for determination that the person is properly joined as respondent.
(E) Conciliation agreements.
(1) The Commission shall, during the period beginning with the filing of a complaint, to the extent feasible, engage in conciliation with respect to the complaint.
(2) A conciliation agreement is an agreement between, a respondent and the complainant and is subject to Commission approval.
(3) A conciliation agreement may provide for binding arbitration or other methods of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.
(4) A conciliation agreement shall be made public unless the complainant and the respondent otherwise agree and the Commission concurs that disclosure is not required.
(5) Nothing said or done in the course of conciliation may be made public, except when authorized and as subject to the provisions of Indiana law concerning public records or open door requirements, or used as evidence in a subsequent proceeding under this section without the written consent of the persons concerned.
(6) After completion of the Commission's investigation, the Commission shall make available to the aggrieved person and the respondent, information derived from the investigation and the final investigation report relating to that investigation.
(F) Action for temporary or preliminary relief.
(1) If the Commission concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section, the Commission may file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint in a circuit or superior court that is located in Howard County.
(2) A temporary restraining order or other order granting temporary or preliminary relief under this section is governed by the Indiana Rules of Trial Procedure.
(3) The filing of a civil action under this section does not affect the initiation or continuation of administrative proceedings under division (N).
(G) Final investigative report.
(1) The Commission shall prepare a final investigative report showing the following:
(a) The names and dates of contacts with witnesses.
(b) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts.
(c) A summary description of other pertinent records.
(d) A summary of witness statements.
(e) Answers to interrogatories.
(2) A final report under this section may be amended if additional evidence is discovered.
(H) Determination of reasonable cause.
(1) The Commission shall determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur.
(2) The Commission shall make the determination under subdivision (1) not later than 100 days after the date a complaint is filed unless:
(a) Is as impracticable to make the determination; or
(b) The Commission has approved a conciliation agreement relating to the complaint.
(3) If it is impracticable to make the determination within the time period provided by subdivision (2), the Commission shall notify the complainant and respondent in writing of the reasons for the delay.
(4) If the Commission determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall immediately issue a finding of reasonable cause on behalf of the aggrieved person.
(I) Finding of reasonable cause; contents.
(1) A finding of reasonable cause issued under division (H):
(a) Must consist of a concise statement on which the Commission has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur;
(b) Must be based on the final investigative report; and
(c) Need not be limited to the facts or grounds alleged in the complaint.
(2) Not later than 20 days after the Commission issues a finding of reasonable cause, the Commission shall send a copy of the finding of reasonable cause with information concerning the election under division (L) to the following:
(a) Each respondent, together with a notice of the opportunity for a hearing provided by division (N).
(b) Each aggrieved person on whose behalf the complaint was filed.
(J) Dismissal of complaint.
(1) If the Commission determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Commission shall promptly dismiss the complaint.
(2) The Commission shall make available for public disclosure each dismissal under this section.
(K) Finding of reasonable cause precluded after commencement of civil actions. The Commission may not issue a finding of reasonable cause under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law seeking relief with respect to that discriminatory housing practice.
(L) Election to have claims decided in civil action.
(1) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in a finding of reasonable cause decided in civil action as provided by division (M).
(2) The election must be made not later than 20 days after the date of receipt by the electing person of service under section division (I)(2) or, in the case of the Commission, not later than 20 days after the date the finding of probable cause was issued.
(3) The person making the election shall give notice to the Commission and to all other complainants and respondents to whom the finding of probable cause relates.
(M) Filing of civil action; intervention by aggrieved persons; granting of relief.
(1) If a timely election is made under division (L), the Commission shall, not later than 30 days after the election is made, file a civil action on behalf of the aggrieved person seeking relief under this section in a circuit or superior court that is located in Howard County.
(2) An aggrieved person may intervene in the action.
(3) If the court finds that a discriminatory practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action including, but not limited to:
(a) Monetary damages.
(b) Reasonable attorney fees.
(c) Court costs.
(d) Injunctive or other equitable relief.
(4) If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court.
(N) Enforcement through administrative procedure.
(1) Discriminatory practices prohibited by this chapter are declared to be actions harmful to the land and the use thereof.
(2) In addition to any other enforcement proceedings, the provisions of this chapter may be enforced through proceedings before the Commission acting as an administrative body as provided at I.C. 36-1-6-9.
(3) In a proceeding before the Commission to enforce the provisions of this chapter:
(a) A violation of this chapter must be proven by a preponderance of the evidence; and
(b) The Commission may order relief or impose penalties provided for in I.C. 22-9.5-6-15.
(4) A person who receives a penalty under subdivision (3) may appeal the order imposing the penalty to a court of record in Howard County, Indiana.
(5) An appeal under subdivision (4) from an order imposing a penalty must be filed not more than 60 days after the day on which the order is entered.
(O) Administrative hearing before Commission.
(1) If a timely election is not made under division (L), the Commission shall provide for a hearing on the finding of reasonable cause.
(2) At any such hearing, the Commission as a whole shall sit as an administrative hearing body. The complainant shall be represented by the Corporation Counsel; by counsel of their choice; or the complainant may represent themselves without counsel. The respondent may be represented by counsel of their choice, or the respondent may represent themselves without counsel.
(3) The parties are entitled to examine and cross-examine witnesses.
(4) The parties are entitled to present and require the production of evidence.
(5) The parties are entitled to present arguments.
(6) Upon the conclusion of the hearing, the Commission shall render a decision upon whether or not a violation of the chapter has occurred. The Commission may order relief or impose penalties as provided in I.C. 22-9.5-6-15.
(7) A hearing under this section is subject to the provisions of § 151.07 (C) of this chapter.
(8) A hearing under this section may not continue regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person under federal or state law seeking relief with respect to that discriminatory housing practice. In such an event, the result of the civil action shall be dispositive of the matter before the Commission which shall be bound by the decision in the civil action.
(P) Certain contracts, sales, encumbrances or leases unaffected by order. A Commission order does not affect a contract, a sale, an encumbrance, or a lease that:
(1) Was consummated before the Commission issued the order; and
(2) Involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the finding of reasonable cause filed under this section.
(Q) Respondents subject to licensing or regulation by governmental agencies; forwarding of findings, orders and recommendations to agencies. If the Commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the Commission shall, not later than 30 days after the date of the issuance of the order:
(1) Send copies of the findings and the order to the governmental agency; and
(2) Recommend to the governmental agency appropriate disciplinary action.
(R) Issuance of subsequent orders to same respondent; forwarding of copies to attorney general. If the Commission issues an order against a respondent against whom another order was issued within the preceding five years, the Commission shall bend a copy of each order issued under that section to the Attorney General.
(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99)