(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 Judge/Executive. Complaints shall be in writing and shall contain such information and be in such form as the Judge/Executive requires. Upon receipt of such a complaint, the Judge/Executive shall furnish a copy of the same to the person or persons who allegedly committed or is about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or with 30 days after the expiration of any period of reference under division (C) below, the Judge/Executive shall investigate the complaint and give notice in writing to the person aggrieved whether he or she intends to resolve it. If the Judge/Executive decides to resolve the complaints, 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 proceedings under this chapter without the written consent of the persons concerned.
(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 allegation 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 Judge/Executive, 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 Judge/Executive, the Judge/Executive has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, with 30 days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Judge/Executive will assist in this filing.
(D) If the Judge/Executive 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 chapter, 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 field by an individual shall come to trial, the Judge/Executive shall immediately terminate all efforts to obtain voluntary compliance.
(Ord. 91-6, passed 11-25-1991)