(a) Any person believing himself to be a victim of any act prohibited by this chapter may file a complaint in writing with the City Human Rights Board. All procedures thereafter shall proceed pursuant to the rules of procedure of the City Human Rights Board. Any person subjected to an unlawful housing practice, or whose rights under this chapter have been violated, may file, within 360 days of the alleged violation, a complaint in writing sworn to with the Human Rights Board.
(b) Upon the filing of the complaint, the Secretary of the Board shall make investigation as he deems appropriate to ascertain facts and issues. This investigation shall be conducted within 14 business days after the filing of the complaint. The investigation may be extended when deemed necessary by the Chairperson of the Human Rights Board. If the Secretary shall determine that there are reasonable grounds to believe a violation has occurred, he 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 conferences shall be made public by any member of the Board 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 and does not constitute an admission by any parties that the law has been violated. Consent agreement shall be signed on behalf of the Board by its Chairperson.
(d) The Board is authorized to seek the cooperation and aid of the State Real Estate Commission, State Civil Rights Commission, the U.S. Department of Housing and Urban Development, and any other person or group regarding any matters before the Board.
(e) If the Secretary determines that the complaint lacks reasonable grounds upon which to base a violation of this chapter, he shall so inform the Board, and the Board may in its discretion dismiss the complaint or order further investigation as may be necessary; provided that the Board shall not dismiss the complaint without first affording either party an opportunity to appear before the Board.
(f) If the Secretary, with respect to a matter which involves a violation of this chapter, fails to conciliate a complaint after the parties having in good faith attempted conciliation, fails to effect an informal conciliation agreement or an informal consent agreement, or determines that a complaint is not susceptible of conciliation, he shall so notify the Board, and the Board shall thereafter schedule a public hearing to determine whether a violation of this chapter has been committed.
(1) 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 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.
(2) The hearing shall be open to the public. The hearing shall be held not less than 15 calendar days nor more than 30 calendar days after service of the statement of charges and summons.
(3) The summons so issued must be signed by two members of the Board, and the issuance of the 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.
(4) 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 in evidence, and the right to cross-examine witnesses shall be preserved. All testimony in evidence shall be given under oath or by affirmation.
(5) The Secretary shall keep a full record of the hearing, which records shall be public and open to inspection by any person; and, upon request by any principal party to the proceeding, the Board shall furnish that party a copy of the hearing record, at such cost as the Board deems appropriate.
(g) 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 City legal counsel in executive session, state its finding to and call the legal counsel to prepare and issue an order under Board directive requiring the person complained against to cease and desist from the unlawful conduct and to take such affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation by the Secretary, determines that the person complained against has not after 15 calendar days following service of the Board's order complied with the order, the Board will recertify the matter to the City legal counsel for enforcement. The City legal counsel shall seek compliance by appropriate civil action brought in the name of the Human Rights Board before a court of competent jurisdiction.
(h) 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. 1986-20. Passed 7-7-86.)