(A) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereinafter "person aggrieved") may file a complaint with the Mayor. Complaints shall be in writing and shall contain such information and be in such form as the Mayor requires. Upon receipt of such a complaint, the Mayor shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under subsection (C), the Mayor shall investigate the complaint and give notice, in writing, to the person aggrieved whether he intends to resolve it. If the Mayor decides to resolve the complaint, he 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 proceeding under this chapter without the written consent of the persons concerned. Any employee of the Mayor who shall make public any information in violation of this provision shall be subject to the penalties set forth in § 71.999.
(B) A complaint under subsection (A) shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations 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 and with the leave of the Mayor, which shall be granted whenever it be would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.
(C) If within thirty (30) days after a complaint is filed with the Mayor, the Mayor has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within thirty (30) days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The Mayor will assist in this filing.
(D) If the Mayor has been unable to obtain voluntary compliance within thirty (30) days of the complaint, the person aggrieved may, within thirty (30) days thereafter, 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 Mayor 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 filed by an individual shall come to trial, the Mayor shall immediately terminate all efforts to obtain voluntary compliance.
(Ord. 89-05 § 10, 1989; Am. Ord. 92-08 § 1, 1992)
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Cross reference:
Penalty for violation, see § 71.999