(A) In order to ensure that the rights of all parties will be adequately protected, the following procedures have been formulated for the filing, investigating and hearing of complaints involving discrimination.
(B) Such procedures are designed to ensure all parties concerned an adequate and fair opportunity to present their case.
(1) Complaints. In the event any person is alleged to have committed an act of discrimination, any aggrieved person may file a sworn complaint in writing with the secretary of the Fair Housing Commission. Said complaint shall set out the name or names of the person or persons alleged to have committed the act of discrimination, the statement of the act and the time and place of the commission of the act.
(2) Investigation and conciliation. The Fair Housing Commission of the city, sitting in executive session, shall consider each such complaint and in each instance where a two-thirds’ majority of the members of the Commission are of the opinion that an act of discrimination under the provisions of this chapter may have been committed, it shall appoint a committee of one or more members of the Commission to call upon the person alleged to have committed the act of discrimination (hereinafter referred to as respondent), and attempt to determine whether or not such an act has in fact been committed, and to effect conciliation between the parties in the event a discriminatory act has been committed, and to obtain commitments designed to prevent recurrence of the matter complained of. In the event that the committee is successful in effecting conciliation between the parties or becomes convinced that no discriminatory act was committed, the complaint and all proceedings by the Commission, and the committee shall be and remain confidential, and any disclosure thereof except as hereinafter authorized, by the secretary or any member of the Commission, shall be grounds for removal from office. The Commission may, however, publish results of its work in official reports omitting the names of the parties and any factual items which would identify the parties.
(3) Waiting period. Before a public hearing is held, under division (B)(4) below, a 30-day period of time shall pass in an attempt to effect a reconciliation.
(4) Public hearing. In the event the respondent refuses to meet with the committee selected by the Fair Housing Commission, or conciliation and the obtaining of commitments against recurrence fails, the committee shall so report the matter to the Fair Housing Commission, at which time the Mayor may fix a time and place for public hearing on the complaint. The Commission shall serve upon the respondent a written statement of the charges made in the complaint and a written notice of the time and place of the hearing. The hearing shall be held not less than 20 days after the service of the statement of charges. The respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person or to be represented by an attorney and to examine and cross-examine witnesses. The hearing shall not be conducted following the strict rules of evidence prevailing in courts of law, except that the respondent shall have the right to confront any and all witnesses against him or her and the right to refuse to testify against himself or herself. All testimony taken at the hearing shall be under oath. If, upon all the evidence presented, the Commission finds that the respondent has committed an act of discrimination, the Commission shall set forth its findings of fact and shall issue and cause to be served upon the respondent such orders as the Commission deems just and equitable.
(5) Enforcement. In the event the respondent fails to comply with any order issued by the Commission, the Commission shall certify the matter to the City Council for appropriate action including enforcement proceedings in the District Court.
(Prior Code, § 10-905)