1408.16 REMEDIAL ACTIONS.
   (a)   If the Board finds that the respondent has not violated Section 1408.04, its order under Section 1408.14 shall dismiss the complaint. If the Commission finds the complaint to be frivolous or vindictive, then the costs of these proceedings may be assessed against the complainant.
   (b)   If the Board finds that the respondent has violated Section 1408.04, its order under Section 1408.14 shall provide for the taking of such remedial action(s) as it deems appropriate, which may include, but need not be limited to:
      (1)   Directing the respondent to cease and desist from violations of Section 1408.04 and to take such affirmative steps as necessary to effectuate the purposes of this chapter;
      (2)   Recommending to the City's Law Director an appropriate court action for the enforcement of Section 1408.04, and for such other or further relief as the court may deem appropriate, including, but not limited to, injunctive relief, compensatory damages, punitive damages, and/or attorneys' fees and costs for award to the complainant; such court action shall be required in the event the respondent does not voluntarily comply with the remedial actions ordered by the Board;
      (3)   Recommending to the Law Director the Initiating proceedings for a violation of Federal or State law and/or regulations;
      (4)   Recommending to the Law Director proceedings with any contracting agency, in the case of any violation of Section 1408.04 by a respondent in the course of performing under a contract or sub-contract with the State or any political subdivision or agency thereof, or with the United States of America or any agency or instrumentality thereof, for the purpose of causing a termination of such contract or any portion thereof, or obtaining other relief;
      (5)   Recommending to the Law Director proceedings with the State of Ohio where applicable, to revoke, suspend or refuse to renew the license of any person found to have violated any provision of Section 1408.04;
      (6)   Directing the respondent to reimburse the complainant for his or her actual and reasonable expenses incurred and to be incurred as a result of each violation found, including, but not limited to, expenses for moving and temporary storage of household furnishings, additional expenses in connection with the purchase or rental of a dwelling for alternative accommodations, and reasonable attorneys' fees and costs;
      (7)   Assessing compensatory damages, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of compensatory damages against the respondent;
      (8)   Assessing civil penalties, as appropriate, or arrange to have adjudicated in court at the Board's expense the award of a civil penalty against the respondent;
      (9)   Directing the respondent to comply with such other further relief as the Board may deem appropriate for the enforcement of Section 1408.04;
      (10)   The Fair Housing Review Board shall make a final administrative disposition of a complaint within one year after the complaint has been filed, unless it is impracticable to do so, in which case the complainant and the respondent shall be notified in writing of the reasons why disposition of the complaint cannot be made within the time prescribed.
   (c)   Nothing herein shall be construed to prevent the City, upon recommendation from the Board, from initiating appropriate court action on behalf of the complainant in order to enforce the provisions of this chapter. In addition, upon a finding by the Administrator that there are reasonable grounds to believe that a violation of Section 1408.04 has occurred, as provided in Section 1408.10, either the complainant or the respondent, in lieu of participating in the administrative hearing process before the Fair Housing Review Board, or at any time during said administrative process, may elect to have the case heard in a civil action. Upon notification thereof, the City, at the request of the Board, shall initiate a civil action in a court of law on behalf of the complainant.
   (d)   The complainant and the respondent shall have the right to appeal an adverse final determination by the Board to the Cuyahoga County Common Pleas Court pursuant to Ohio R.C. Chapter 2506, or in such other forum or court of competent jurisdiction as provided by law.
(Ord. 9-98. Passed 2-23-98; Ord. 07-15. Passed 9-30-15.)