(a) An aggrieved individual may, by setting forth the facts in writing under oath or affirmation, file his complaint alleging a violation of Section 539.03 with the Community Relations Commission.
(b) The Commission shall make a prompt and full investigation of each complaint alleging any practice made unlawful under this chapter. The investigation shall be conducted within thirty days after the filing of same.
(c) The complaint, along with the results of the investigation, and any records, papers, or statements pertaining thereto, shall be transmitted to the Fair Housing Board unless the Community Relations Commission can by conciliation promptly eliminate the particular discriminatory practice complained of, and, where applicable, receive reasonable assurance from the person complained of, of the discontinuance of further discriminatory practices in regard to housing.
(d) The Fair Housing Board, hereinafter referred to as the Housing Board, shall consider the complaint, together with the results of the investigation by the Community Relations Commission and any records, papers, or statements pertaining thereto, and make a determination within ten days as to whether or not there appears to be a prima facie case of a violation of the provisions of this chapter. Within five days of such determination the Housing Board shall in writing inform all interested parties of the results of the determination.
(e) (1) If the Housing Board deems the complaint well-founded on its face, it shall, at the same time as it provides the foregoing notice, serve upon the person charged with engaging or with having engaged in the discriminatory act or practice a statement of the charges made in the complaint, particularly describing the property involved, if any, together with notice of the time and place of a public hearing thereon. The hearing shall be held not less than ten nor more than thirty 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 in person at the hearing, to be represented by counsel, to examine and cross-examine witnesses, and to present testimony on his own behalf. The case for the complainant shall be presented by the Director of Law’s office. In any hearing, the Housing Board shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall take into account all reliable, probative, and substantial evidence, statistical or otherwise, produced at the hearing, which may tend to prove the existence of a discriminatory act or practice. No person shall be compelled to be a witness against himself at any hearing before the Housing Board.
(2) The complainant shall be a party to the proceeding, and any person who is an indispensable party to a complete determination or settlement of question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing, and in obtaining or preventing relief against the acts or practices complained of, may at his option appear for the presentation of oral or written arguments.
(f) If upon all the reliable, probative, and substantial evidence, the Housing Board finds that the respondent has engaged or is engaging in any unlawful practice, it shall issue such order or orders as the facts warrant and shall state its findings of fact in support thereof. Such order or orders may include:
(1) That the respondent forthwith permit the complainant the right or privilege as constituted the subject of the complaint;
(2) An order 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, ancestry, national origin, sex, sexual orientation, gender identity or expression, familial status, military status, or handicap;
(3) An order that the respondent cease and desist from the same or similar discriminatory practices which were the subject of the complaint with respect to the same or other property covered by Section 539.01.
(g) At any time after the transmittal to the Housing Board of a complaint, the Housing Board shall have the authority, with the consent of the respondent, to make findings and issue appropriate orders without the necessity of a public hearing on the complaint.
(h) Unless an appeal is pending, in the event the respondent fails or appears to intend to fail to comply with an order issued by the Housing Board, it shall certify the case, together with the record of its proceedings, including a transcript, and the available evidence of noncompliance to the Director of Law's office, whose mandatory duty it shall then be to seek compliance by civil action brought in the name of the Fair Housing Board of the City before a court of competent jurisdiction; provided that the Director of Law's office may permit the proceeding to be brought by private counsel of the complainant.
(i) Any party to the proceeding, claiming to be aggrieved by a final order of the Housing Board, including a determination by the Housing Board that a prima facie case was not established by the complainant, may obtain judicial review thereof by resort to a court of competent jurisdiction in accordance with the provision of Ohio R.C. Ch. 2506.
(Ord. 18-090. Passed 5-14-18.)