(a) Establishment; Powers.
(1) There is hereby established a four member Fair Housing Review Board which shall consist of the Chairperson of the Building and Building Codes Committee of Council and three members appointed by the Mayor with the approval of Council. One of the three members appointed by the Mayor shall be a licensed realtor or a person who, by profession and experience has substantial knowledge of the sale of real estate in the City. Such person appointed by the Mayor shall be a nonvoting member of the Board. Appointments to the Board shall be for three years, or until his or her successor is duly qualified and appointed, and may be reappointed by the proper authority and procedure. The Chairperson of the Building and Building Codes Committee of Council shall be the Chairperson of the Board.
(2) The Board shall have the responsibility to administer this chapter and to adjudicate complaints alleging violations of this chapter. The Board shall have and may exercise the following powers to implement purposes of this chapter:
A. To hold adjudicative hearings, make findings of fact, issue orders, enforce such orders and seek judicial and/or administrative relief with respect to any such complaints in accordance with this chapter;
B. To subpoena witnesses, compel their attendance, administer oaths, take sworn testimony and, in connection therewith, require the production for examination of any documents relating to any matter under investigation or in question before the Board, and enforce such powers by proper petition to any court of competent jurisdiction;
C. To adopt such rules and regulations as the Board may deem necessary or desirable for the conduct of its business and to carry out the purposes of this chapter;
D. To do such other acts as are necessary and proper to perform those duties with which the Board is charged under this chapter, including the provision of referral services for the community;
E. To initiate an investigation without the filing of an official complaint, provided a majority of the Board elects to proceed based on reasonable cause to believe that violations of this chapter are occurring or have occurred. The Board shall have the same powers following this initiated investigation as it has with an investigation based on the filing of a complaint.
F. To enter into cooperative agreements with other governmental agencies to effectuate the purposes of this chapter; and
G. To refer persons allegedly aggrieved by unlawful discriminatory housing practices to the Ohio Civil Rights Commission or other governmental or private agencies, as appropriate.
H. Under the direction of the Fair Housing Board, the Safety Director shall serve as the Fair Housing Administrator and shall:
1. Collect, analyze and study the results of investigations made under this chapter and report to the Mayor and Council, on or before January 31 of each calendar year, on the working of this chapter and for the purpose of advising on and recommending amendments to this chapter in order to effectuate its purposes;
2. Conduct a continuing program of education and community involvement, and other programs affirmatively furthering fair housing;
3. Conduct initial investigation and fact finding of complaints or allegations of any violation of this chapter.
(b) Complaints. Any person claiming to be aggrieved by a violation of this chapter, hereinafter referred to as the complainant, may file a complaint, in writing and under oath, with the Board. The complaint shall state the name and address of the person alleged to have committed the violation, hereinafter referred to as the respondent, and such other information as the Board may require. The complaint shall not constitute a public record unless and until a hearing is held pursuant to subsection (d) hereof. The complaint shall be filed within 180 days after the alleged act of discrimination.
(c) Investigations.
(1) The Safety Director shall prompt investigation the complaint commenced within ten days after the filing of the complaint. The Safety Director may be assisted in the investigation by a fair housing agency or other organization or person under contract with the City. The Safety Director shall promptly report to the Board the findings of the investigation.
(2) If the Board determines after a preliminary investigation that it is probable that an unlawful discriminatory housing practice has been or is being engaged in, it shall endeavor, with the consent of both the complainant and the respondent, to eliminate the alleged discriminatory housing practice by conference, conciliation and persuasion. If successful, the terms of the conciliation shall be reduced to writing and incorporated into a consent agreement to be signed by the complainant, the respondent and the Chairperson.
(3) If conciliation is not undertaken pursuant to paragraph (c)(2) hereof, or if conciliation is undertaken without success, and if the Board determines through its investigation that probable cause exists for believing the allegations of the complaint, the Chairperson shall cause a written notice and a copy of the complaint to be served on the respondent. The notice shall specify a time and place for a public hearing on the allegations of the complaint. Notwithstanding the previous sentence, the Board, with consent of both the complainant and the respondent, may make findings and issue appropriate orders without the necessity of a public hearing on the complaint.
(d) Hearings.
(1) A public hearing shall be held not less than ten nor more than thirty days from the service of such written notice. The respondent may file a written verified answer to the complaint. The parties may present testimony in person or otherwise, with or without counsel, at the hearing. The Board or the complainant shall have the power, reasonably and fairly, to amend any complaint, and the respondent shall have like power to amend his or her answer. The Board shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The testimony taken at the hearing shall be under oath and recorded.
(2) The parties may apply to the Board to have subpoenas issued in the Board's name. Failure to comply with a subpoena shall constitute a violation of this chapter. The parties may file such statements with the Board as they deem necessary. Not fewer than three of the same members of the Board must be present at all times during a hearing. The parties may appear before the Board in person or by duly authorized representative and may be represented by legal counsel. The parties may present witnesses, and all testimony and evidence shall be given under oath or by affirmation.
(e) Decisions.
(1) Where a hearing has been held before the Board, only those members of the Board who have attended the hearing on the complaint shall participate in the determination of the complaint. Within fifteen days of the close of the hearing, the decision shall be rendered in the form of a written order, which order shall include findings of fact, a statement of whether or not the respondent is in violation of this chapter and such remedial actions as the Board may order. The order shall be served upon the parties by certified mail within fifteen days of the date of the decision. The order shall be available for public inspection and a copy shall be provided to any person upon request and payment of reproduction costs.
(2) If, at the conclusion of the hearing, the Board determines, upon the preponderance of the evidence, that the respondent has engaged or is engaging in any unlawful discriminatory practice, it shall issue such order as the facts warrant and shall state its findings of fact in support thereof. Such order may include:
A. That the respondent forthwith permit the complainant such right or privilege as constituted the subject of the complaint;
B. That the respondent perform an affirmative act that would otherwise have been performed had the complainant not been discriminated against because of race, color, religion, sex, familial status, ancestry, handicap or national origin; or
C. That the respondent comply with such other or further relief as the Board may deem appropriate for the enforcement of this chapter.
(3) If there are reasonable grounds to believe that a violation of this chapter has not occurred, then the Board shall dismiss the complaint by preparing a written notice of dismissal, including the reasons therefor, and shall notify the parties of the dismissal within five days by serving a copy of the notice of dismissal, by certified mail, on the parties. A copy of the notice shall also be filed with the Board. The notice of dismissal shall advise the complainant of his or her right of appeal under this section. Within fourteen days of receipt of the notice of dismissal, the complainant may appeal by filing a written request with Council for a review of the complaint by Council as a whole. By a majority vote, Council may overrule the dismissal and refer the complaint to the Board for a hearing pursuant to this section.
(4) If the respondent fails, within a reasonable time, to comply with an order issued by the Board, it shall certify the case, together with the record of its proceedings and the available evidence of noncompliance, to the Director of Law for appropriate action on behalf of the City to effectuate the purpose of this chapter.
(f) Penalty. Whoever violates paragraph (d)(2) hereof is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02
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(Ord. 1988-176. Passed 10-3-88; Ord. 16-136. Passed 9-20-16.)