(A) Any person subjected to an unlawful housing practice may file within 365 days of the alleged violation with the Fair Housing Coordinator or the Commission a complaint in writing, sworn to or affirmed, which shall state the name and address of the person alleged to have committed the violation complained of, the particulars thereof, and such other information as may be required by the Commission. The Commission may also corroborate or initiate complaints on the basis of testing carried out by its staff or volunteers authorized by the Commission.
(B) Upon the filing of a complaint the Fair Housing Director for the Commission shall make such investigation as he or she deems appropriate to ascertain facts and issues. If the Fair Housing Director shall determine that there are reasonable grounds to believe a violation has occurred, he or she shall attempt 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 conference shall be made public by the Commission or any member of the Commission or its staff unless the parties agree thereto in writing.
(C) 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, which agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated. Consent agreements shall be signed on behalf of the Commission by its chairman.
(D) The Commission is authorized to seek the cooperation and aid of the Ohio Real Estate Board or Ohio Civil Rights Commission in any investigation under this chapter.
(E) If the Fair Housing Director determines that the complaint lacks reasonable grounds under which to base a violation of this chapter, he/she shall so inform the Commission and the Commission may in its discretion dismiss such complaint or order such further investigation as may be necessary; provided that the Commission shall not dismiss such complaint without first affording the complainant an opportunity to appear before the Commission.
(F) If the Fair Housing Director, 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 effect an informal conciliation agreement or a formal consent agreement or determines that a complaint is not susceptible of conciliation, he shall notify the Commission immediately and the Commission shall thereafter schedule a public hearing to determine whether a violation of this resolution has been committed. The Commission shall serve upon the respondent a statement of the charges and a summons and shall serve upon all interested parties a notice of the time and place of hearing. The respondent or his or her authorized counsel may file such statements with the Commission prior to the hearing date as it deems necessary in support of its position. The hearing shall be opened to the public, except that the respondent may request in writing a private hearing: the determination of such request shall be discretionary with the Commission. The hearing shall be held not less than 15 days after service of the statement of charges and summons. The summons so issued must be signed by 2 members of the Commission 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 Commission in person or by duly authorized representative and may live 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 Fair Housing Director 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 Commission shall furnish such party a copy of the hearing record, if any, at such cost as the Commission deems appropriate.
(G) If at the conclusion of the hearing the Commission shall determine upon the preponderance of the evidence that the person complained against has violated this resolution, the Commission shall, after consultation with the County Prosecuting Attorney in executive session, state its findings to and cause requiring the person complained against to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purposes of this chapter, with notice that if the Commission determines that the person complained against has not after 15 calendar days following service of the Commission's order complied with the order, the Commission will recertify the matter to the County Prosecuting Attorney for enforcement.
(H) Upon recertification to the County Prosecuting Attorney for enforcement, he or she shall seek compliance by appropriate civil action brought in the name of the Fair Housing Commission of Van Wert County before a court of competent jurisdiction. In any such proceeding, where the court determines that there has been violation of this chapter, the court shall award compensatory damages and, where appropriate, punitive damages, along with attorney fees. The court may also order such other relief as it deems necessary or appropriate.
(I) If at the conclusion of the hearing the Commission shall determine upon the preponderance of the evidence of the record that the person complained against has not violated this chapter, the Commission shall state and publish its findings and issue its order dismissing the complaint.
(1981 Code, § 100.09) (Ord. 6594-93, passed 12-27-1993)