(A) Complaint.
(1) Any person aggrieved in any manner by any violation of this chapter may file a written verified complaint with the Community Development Department within three months after the date of the alleged violation of this chapter. The complaint shall include the name and address of the complainant and of every person against whom the complaint is made, and shall set out the facts giving rise to the complaint.
(2) A complaint may be filed against any person alleged to be engaged, to have engaged, or about to engage in a discriminatory housing practice.
(3) A complaint may also be filed against any person who directs or controls or has the right to direct or control the conduct of another person with respect to any aspect of the sale, rental, advertising, or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage in a discriminatory housing practice.
(4) No person shall refuse or fail to comply with any subpoena, order or decision issued in the course of or as a result of an investigation of a complaint.
(B) Notice of Complaint.
(1) Within 15 calendar days after a complaint has been received or initiated by the Department pursuant to this chapter, the Director of the Department shall serve or cause to be served, either in person or by certified mail, a copy of the complaint on the respondent.
(2) The Director shall also, within ten days of the date on which the complaint was filed, send written notice to the complainant informing the complainant of his option to file a complaint with the U.S. Department of Housing and Urban Development, the state human rights department or federal or state courts, including the dates within which the complainant may exercise such options.
(C) Respondent Response.
(1) Under this chapter, the respondent shall serve a verified copy of his response to all allegations contained in the complaint within ten calendar days of the date on which the respondent was served a copy of the complaint.
(2) The Director shall issue a notice of default directed to any respondent who fails to file a verified response to a complaint within ten calendar days of the date on which the complainant was served, unless the respondent can demonstrate good cause as to why such notice should not be issued.
(D) Complainant Reply. Within ten calendar days of the date he receives the respondent's response made pursuant to this chapter, the complainant may file his reply to the response. If he chooses to file a reply, the complainant shall serve a copy of the reply on the respondent or his representative. A party shall have the right to supplement his response or reply at any time that the investigation of the complaint is pending.
(E) Conciliation.
(1) During the period beginning with the filing of a complaint and ending with a dismissal or a referral to the Department pursuant to this chapter, the Director of the Department shall, to the extent feasible, engage in conciliation with respect to such complaint.
(2) If the Director determines:
(a) That conciliation is feasible, the complainant and respondent shall be notified of the time and place of the conciliation meeting by certified mail or overnight courier at least seven calendar days prior thereto, and both parties shall appear at the meeting in person or by attorney; or
(b) That attempts at conciliation would not further the objectives of this chapter or that the complaint cannot be resolved by conciliation, the Director shall report and transfer the complaint and filings to the Department.
(3) The Director shall attempt, by all accepted methods of conciliation and lawful persuasion, to resolve the grievance delineated in the complaint.
(4) Nothing occurring at the conciliation meeting shall be made public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this chapter unless the complainant and respondent agree, in writing, that such disclosure be made.
(5) An agreement arising out of such conciliation shall be treated as a settlement pursuant to this chapter.
(6) A conciliation may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award relief as provided for in this chapter.
(F) Hearing on Complaint.
(1) Within 15 days of receiving a complaint from the Director pursuant to this chapter, the Department shall, upon due and reasonable notice to all parties, schedule a public hearing on the complaint. The public hearing shall be scheduled no sooner than 30 days from the date of the notice and no later than 60 days from the date of the notice, permitting time for conciliation to occur, if at all.
(2) All parties shall be entitled to be represented by legal counsel and shall have the right to call witnesses in their own behalf and to cross examine witnesses. All parties to the proceedings may apply to the Department to have subpoenas issued in the name of the Department. Testimony taken at the conference or hearing shall be under oath or affirmation, and a transcript shall be made and filed in the office of the Director.
(G) Report; Decision.
(1) The Department shall issue a written report within 30 days of the conclusion of the public hearing held pursuant to this division. The report or decision shall include a summary of the testimony, exhibits admitted into evidence, and a finding of whether a violation of this chapter was proven by a preponderance of the evidence. The report or decision shall also contain a recommendation or order of the relief that may include one or more of the elements provided for in this chapter.
(2) If the Department determines that a respondent has not complied in a timely manner with the decision, the Department shall refer the matter to the Corporation Counsel who shall seek judicial enforcement of the decision.
(H) Settlement.
(1) Circumstances. A settlement of any complaint filed pursuant to this chapter may be effected at any time prior to a decision or report by the Department upon agreement of the parties and the approval of the Department.
(2) Settlement. Each settlement agreement shall be made public unless the complainant and respondent otherwise agree and the Director determines that disclosure is not required to further the purpose of this chapter.
(3) Form. Settlement of complaints prior to the issuing of a report or decision shall be issued, in writing, by the Director, signed by the parties, and submitted by the Director of the Department.
(4) Violation. When either party alleges that a settlement order has been violated, the Director shall conduct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the Director shall refer the matter to the Corporation Counsel for enforcement in the circuit court in which the respondent or complainant resides or transacts business or in which the alleged violation took place.
(Ord. 06-2574, passed 5-9-06)