(A) The Mount Vernon Housing Authority shall adopt such rules and regulations as may be necessary to carry out the purpose and provisions of this chapter.
(B) Any person aggrieved by any violation of any provision of the above chapter may file a written complaint under oath, setting forth his grievance with the Mount Vernon Housing Authority. Said complaint shall state the name and address of the complainant and of the person against whom the complaint is brought and shall also state the alleged facts surrounding the alleged violation of this chapter. Complaints must be filed alleging violations of this chapter to the authority within 30 days after the date of the alleged violation.
(C) On receipt of any complaint involving a discriminatory practice, the authority shall determine the facts, and if there appears to be probable cause for complaint the authority shall use its office to attempt an adjustment by education, conciliation and conference. No more than 90 days shall be allowed for this purpose.
(D) If in the opinion of a majority of the authority the efforts to settle any complaint by the above enumerated means have not adjusted the specific complaint, the authority shall cause a public hearing to be held. A notice of such hearing, including the particulars of the complaint, shall be sent to the respondent by registered mail not less than ten days prior to the date set for hearing. The hearing may be conducted before the authority at a duly held meeting of not less than a quorum of the authority, or such hearing may be conducted before a hearing officer appointed by the authority, which hearing officer shall be a member of the authority. Hearings conducted before the authority, or a hearing officer, shall be conducted in an informal manner and without recourse to the courts, and such manner of proof and decision of all questions of fact, if substantial, reliable and probative evidence supports such authority's determination. The authority shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every person who is a part of such proceedings shall have the right to appear in person or by counsel, to submit evidence in open hearing and shall have the right of cross-examination. Such hearings shall be held in the City Hall of the city.
(E) In the event of such hearing before a hearing officer, as herein set forth, the recommendation of such hearing officer, together with the complete file, shall be submitted to, and filed with, the authority. The authority may hear additional evidence or refer it back to the hearing officer to hear such additional evidence. The authority may adopt the recommendations of the hearing officer, amend or modify the same, or may make such order or determination as is proper on the record.
(F) The respondent shall have the right to file an answer to the complaint and appear at such hearing to testify in his own behalf, or to be represented by counsel or otherwise, and to examine and cross-examine witnesses.
(G) If upon all the evidence taken, no unlawful practice is found to have been committed, the case shall be dismissed and the parties involved so notified.
(H) If upon all the evidence taken, the authority by a majority vote shall determine that the respondent, committed the discriminatory practice set forth in the complaint, the authority may issue an order directing the respondent to cease and desist such discriminatory practice so found to be engaged in.
(I) The authority may certify the case and the entire records of its proceedings to the City Department of Law, which shall invoke the aid of an appropriate court to impose the penalties provided.
(Ord. 93-29, passed 12-27-93)