(a) Any person subjected to an unlawful housing practice may file within one hundred eighty days of the alleged violation with the Board a complaint in writing containing such information as the Board may require. The complaint may be reasonably and fairly amended.
(b) Upon the filing of a complaint, the Board shall make such investigations as it deems appropriate to ascertain facts and issues. The investigation shall be conducted within fifteen business days after the filing of the complaint. The investigation may be extended when deemed necessary by the Chairman of the Fair Housing Board.
(c) If the Board shall determine that there are reasonable grounds to believe a violation has occurred, an effort shall be made to conciliate the matter by methods of initial conference and persuasion with all interested parties and such representatives as the parties may choose to assist them. Conciliation conferences shall be informal and nothing said or done during such initial conferences shall be made public by any member of the Board or its staff unless the parties agree thereto in writing.
(d) If, from all the evidence adduced, the Board determines that there has been a discriminatory act, it shall attempt to eliminate or correct such practice by conciliation and persuasion. The terms of conciliation agreed to by the parties shall be reduced to writing and incorporated into a consent agreement to be signed by the parties. Consent agreements shall be signed on behalf of the Board by its Chairman.
(e) The Board is authorized to seek the cooperation and aid of the Ohio Real Estate Commission, Ohio Civil Rights Commission or the U. S. Department of Housing and Urban Development and any other person or group regarding any matter before the Board.
(f) If the Board determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, the Board may in its discretion dismiss such complaint or order such further investigation as may be necessary; provided, that the Board shall not dismiss such complaint without first affording either party an opportunity to appear before the Board.
(g) If the Board, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties have in good faith attempted such conciliation, fails to affect an informal conciliation agreement or a formal consent agreement or determines that a complaint is not susceptible of conciliation, the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed. The Board shall serve upon the respondent a written statement of charges and a summons and shall serve upon all interested parties a notice of the time and place of the hearing. The respondent or his/her authorized counsel may file and amend such statements with the Board prior to the hearing date as it deems necessary in support of its position. The hearing shall be open to the public. The hearing shall be held not less than fifteen calendar days nor more than thirty calendar days after service of the statement of charges and summons. The notice of the public hearing shall appear at least once in a paper of general circulation at least ten days prior to the date of hearing. The summons so issued must be signed by two members of the Board and the issuance of such summons shall require the attendance of named persons and the production of relevant documents and records. The failure to comply with a summons shall constitute a violation of this chapter. The interested parties may, at their option, appear before the Board in person or by a duly authorized representative and may have the assistance of an attorney. The parties may present testimony and evidence, and the right to cross examine witnesses shall be preserved. All testimony and evidence shall be given under oath or by affirmation. The Board shall keep a full record of the hearing, which record shall be public and open to inspection by any person, and upon request by any principal party to the proceeding, the Board shall furnish such party a copy of the hearing record, at such cost as the Board deems appropriate. The proceedings shall be informal, but only as is compatible with the requirements of justice, and the Board need not be bound by formal rules of evidence or procedure.
(h) If at the conclusion of the hearing the Board shall determine upon the preponderance of the evidence that the person complained against has violated this chapter, the Board shall, after consultation with the Director of Law in executive session, state its findings to and cause the Director of Law to prepare and issue an order under Board directive requiring the person complained against to cease and desist from such unlawful conduct and to take affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation, determines that the person complained against has not after fifteen calendar days following the service of the Board's order complied with the order, the Board will recertify the matter to the Director of Law for enforcement.
(i) The Director of Law is hereby authorized and directed to pursue appropriate legal action for the enforcement of this chapter, or other Fair Housing Laws, as necessary.
(j) If at the conclusion of the hearing the Board shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, the Board shall so state and publish its findings and issue its order dismissing the complaint.
(Ord. 1984-49. Passed 5-21-84.)