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It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter. (Ord. 64-09 § 1, 2009)
A. Any person who claims to have been injured by an unlawful housing practice may file a complaint with the administrator. A complaint may also be filed by the administrator if the administrator has reasonable cause to believe that a person has committed an unlawful housing practice. A complaint must be filed within one hundred eighty (180) calendar days after an alleged unlawful housing practice has occurred.
B. A complaint must be in writing on a form provided by the administrator, made under oath or affirmation, and contain the following information:
1. The complainant's name, address, and signature;
2. The date the alleged unlawful housing practice occurred;
3. A statement of the facts upon which the allegation of an unlawful practice is based; and
4. The respondent's name and address.
C. Promptly after the filing of a complaint, the administrator shall:
1. Provide the respondent named in the complaint written notice that a complaint alleging the commission of an unlawful housing practice has been filed against the respondent;
2. Furnish a copy of the complaint to the respondent; and
3. Advise the respondent of the respondent's procedural rights and obligations, including the right to file a written, signed, and verified informal answer to the complaint within fifteen (15) days after service of notice of the complaint.
D. Not later than the fifteenth day after service of the notice and copy of the complaint, a respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information:
1. The respondent's name, address, telephone number, and signature of the respondent or the respondent's attorney, if any; and
2. A concise statement of facts in response to the allegations in the complaint, including facts of any defense or exception. (Ord. 64-09 § 1, 2009)
A. Upon the filing of a complaint, the administrator shall commence an investigation to determine the facts behind the complaint and whether there is reasonable cause to believe the respondent committed an unlawful housing practice, except that no investigation may commence if, after reviewing the allegations of the complaint, the administrator determines that the complaint does not come within the scope of this chapter. Upon determining that a particular complaint does not come within the scope of this chapter, the administrator shall dismiss the complaint, notify the complainant and the respondent and take no further action.
B. In connection with any investigation of a complaint filed under this chapter, the administrator shall seek the voluntary cooperation of any person to:
1. Obtain access to premises, records, documents, individuals, and any other possible source of information;
2. Examine, record, and copy necessary materials; and
3. Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
C. The administrator may request the city recorder to issue an executive branch subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents pursuant to title 2, chapter 2.59 of this code. For purposes of subsection 2.59.020A of this code, the administrator shall be deemed the mayor's designee.
D. The administrator may dismiss a complaint during the investigation and prior to referral to the city attorney if the administrator determines that:
1. The complaint was not filed within the required time period;
2. The location of the alleged unlawful housing practice is not within the city's jurisdiction;
3. The alleged unlawful housing practice is not a violation of this chapter;
4. The complainant refuses to cooperate with the administrator in the investigation of the complaint or enforcement of an executed conciliation agreement;
5. The complainant cannot be located after the administrator has performed a reasonable search; or
6. A conciliation agreement has been executed by the complainant and respondent. (Ord. 64-09 § 1, 2009)
A. During or after the investigation, but subsequent to the mailing of the notice of the complaint to the respondent, the administrator shall, if it appears that the respondent has committed an unlawful housing practice, attempt to conciliate the complaint. In conciliating a complaint, the administrator shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the complainant's rights and take action to ensure the elimination of both present and future unlawful housing practices. A conciliation agreement may include: sensitivity training for the respondent and/or the respondent's employees; the respondent's agreement to adopt and pursue a policy of nondiscrimination in its practices; and the respondent's agreement to not engage in discriminatory practices in the future.
B. A conciliation agreement executed under this section must be in writing in a form approved by the city attorney and must be signed and verified by the respondent and the complainant, subject to approval of the administrator who shall indicate approval by signing the agreement.
C. If a respondent voluntarily enters into a conciliation agreement, the administrator shall immediately dismiss the complaint. (Ord. 64-09 § 1, 2009)
A. If, upon completion of an investigation of a complaint, the administrator determines that an unlawful housing practice has occurred and is unable to secure an acceptable conciliation agreement from the respondent, then the administrator shall refer the case to the city attorney. The administrator shall refer the entire file to the city attorney, who shall determine how best to pursue further action, if any, on the complaint.
B. If the city attorney determines that cause exists that an unlawful housing practice occurred and the facts are sufficient to warrant the initiation of an action in justice court, then the city attorney shall provide written notification to the respondent and the complainant that an action to enforce this chapter may be initiated in justice court. If the city attorney determines that there is no cause that an unlawful housing practice occurred or that the facts are insufficient to warrant the initiation of an action in justice court, the city attorney shall provide written notification to the respondent and the complainant and notify the administrator who shall then dismiss the complaint. (Ord. 64-09 § 1, 2009)
A person violates this chapter if the person intentionally or knowingly violates a provision of this chapter or if the person intentionally or knowingly obstructs or prevents compliance with this chapter. An offense committed under this chapter by a respondent owning or operating twenty (20) or fewer dwellings is punishable by a fine of not more than five hundred dollars ($500.00). An offense committed under this chapter by a respondent owning or operating twenty one (21) or more dwellings or by a real estate broker or salesperson is punishable by a fine of not more than one thousand dollars ($1,000.00). (Ord. 64-09 § 1, 2009)