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§ 93.05 AIDING, ABETTING AND OBSTRUCTION.
   It is an unfair discriminatory practice for any person:
   (A)   Intentionally to aid, abet, incite, compel or coerce a person to engage in any of the practices forbidden by this chapter;
   (B)   Intentionally to attempt to aid, abet, incite, compel or coerce a person to engage in any of the practices forbidden by this chapter; and
   (C)   To intentionally obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder or to resist, prevent, impede or interfere with the Director of the Housing and Redevelopment Authority or his or her agents or employees in the performance of their duties under this chapter.
(Ord. 350, passed 5-29-1979)
§ 93.06 GRIEVANCES.
   (A)   Charge filing. Any person aggrieved by a violation of this chapter may file a verified charge with the Director of the Housing and Redevelopment Authority, hereinafter referred to as Director, stating the name and address of the person alleged to have committed an unfair discriminatory practice setting out the details of the practice complained of and any other information required by the Director. The Director, within five days of the filing, shall serve a copy of the charge upon the respondent personally or by registered or certified mail return receipt requested.
   (B)   Charge; issuance by Director. Whenever the Director has reason to believe that a person is engaging in any unfair discriminatory practice, the Director may issue a charge stating the specific section of this chapter that is alleged to be violated.
   (C)   Time for filing charge. No action may be brought for civil enforcement or criminal prosecution under this chapter unless the charge alleging discriminatory practice was filed with the Director within 180 days from the occurrence of the alleged discriminatory practice.
   (D)   Inquiry into charge. When a charge has been filed, the Director shall promptly inquire into the truth of the allegations of the charge. The Director shall make an immediate inquiry when necessary to prevent a charging party from suffering irreparable loss in the absence of immediate action. On each charge, the Director shall make a determination as to whether or not there is probable cause to credit the allegation of unfair discriminatory practice.
      (1)   If the Director shall determine after investigation that no probable cause exists to credit the allegations of the unfair discriminatory practice, the Director shall, within ten days of the determination,
serve upon the charging party and respondent written notice of the determination. Within ten days after receipt of this notice, the charging party may request in writing that the Director reconsider his or her determination. The request shall contain a brief statement of the reasons for and any new evidence in support of the request for reconsideration. At the time of submission of the request to the Director, the charging party shall deliver or mail to the respondent a copy of the request for reconsideration. The Director shall either reaffirm or reverse his or her determination of no probable cause within 20 days after receipt of the request for reconsideration and he or she shall within ten days thereafter notify in writing the charging party and the respondent of his or her decision to reaffirm or reverse.
      (2)   If the Director shall determine after investigation that probable cause exists to credit the allegations of unfair discriminatory practice, the Director shall issue a complaint and serve on the respondent by registered or certified mail a written notice of hearing together with a copy of the complaint requiring the respondent to answer the allegations of the complaint at a hearing before the authority at a time and place specified in the notice not less than ten days after service of the complaint. A copy of the notice shall be furnished to the charging party, the City Attorney and the chairperson of the Housing and Redevelopment Authority.
      (3)   At any time after the Director has determined that there is probable cause to believe that the respondent has engaged in an unfair discriminatory practice, the Director may file a petition in the County District Court seeking appropriate temporary relief against the respondent pending final determination of proceedings under this chapter including an order or decree restraining him or her from doing or procuring any act tending to render ineffectual any order the Director may enter with respect to the complaint. The court shall have power to grant the temporary relief or restraining order as it deems just and proper but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. The Minnesota Rules of Civil Procedure shall apply to the application and the District Court shall have the authority to grant or deny the relief sought on the conditions as it deems just and equitable.
      (4)   If any lessor, after he or she has engaged in a discriminatory practice defined in this chapter, shall lease or rent the dwelling unit to a person who has no knowledge of the practice or of the existence of any charge with respect thereto, the lessor shall be liable for actual damages sustained by the person by reason of any final order requiring the person to be evicted from the dwelling unit.
(Ord. 350, passed 5-29-1979)
§ 93.07 HEARINGS.
   (A)   Conduct of hearing. A complaint issued by the Director shall be heard as a contested case by a majority of members of the Housing and Redevelopment Authority, hereinafter referred to as the Authority. The hearing shall be conducted at a place designated by the Director within the city.
   (B)   Determination of discriminatory practice. The Authority shall make findings of fact, conclusions of law and if the Authority finds that the respondent has engaged in an unfair and discriminatory practice, the Authority shall issue an order directing the respondent to cease and desist from the unfair discriminatory practice found to exist and to take affirmative action as in the judgment of the Authority will effectuate the purposes of this chapter. The order shall be a final decision of the Authority. In all cases, the Authority may order the respondent to pay an aggrieved party for mental anguish or suffering and in all cases may also order the respondent to pay an aggrieved party who has suffered the discrimination punitive damages in an amount to be determined by Authority. In addition to the aforesaid remedies, the Authority may order the sale, lease or rental of the housing accommodation or other real property to an aggrieved party who has suffered discrimination or the sale, lease or rental of a like accommodation or other real property owned by or under the control of the person against whom the complaint was filed according to terms as listed with the real estate broker or if no listing has been made as otherwise advertised or offered by the vendor or lessor or any other relief the Authority deems just and equitable. The Authority shall cause the findings of fact, conclusions of law and order to be served on the respondent personally and the charging party by registered or certified mail.
   (C)   Dismissal of hearing. If the Authority makes findings of fact, conclusions of law and order in favor of the respondent, the order shall be the final decision of the Department.
   (D)   Subpoenas. After the issuance of a complaint pursuant to this chapter, the charging party or respondent may request that the Authority issue subpoenas requiring the presence of witnesses or the production for examination of books or papers not privileged and relevant to any matter in question at the hearing.
(Ord. 350, passed 5-29-1979)
§ 93.08 DISTRICT COURT REVIEW.
   (A)   The Director or any person aggrieved by a final decision of the Authority reached after a hearing held pursuant to this chapter may seek judicial review in the same manner and under the same circumstances and limitations as to time for review as the review of state agency decisions set forth in M.S. §§ 14.63 through 14.69, as it may be amended from time to time.
   (B)   The District Court review proceedings shall conform to those proceedings for the review of state agency decisions set forth in M.S. § 15.0424, as it may be amended from time to time, and the scope of the judicial review shall be the same as the scope for review of state agency proceedings set forth in M.S. § 15.0425, as it may be amended from time to time.
(Ord. 350, passed 5-29-1979)
§ 93.99 PENALTY.
   In addition to all other remedies provided under this chapter, every person who commits an unfair discriminatory act as set forth in this chapter or aids, abets, incites, compels or coerces another to do so shall be guilty of a misdemeanor.
(Ord. 350, passed 5-29-1979)
Cross-reference:
   General penalty, see § 10.99