1353.06 PROCEDURES AND ENFORCEMENT.
(a) Any person may file a complaint with the Board alleging that another person has engaged in or is engaging in an unlawful or discriminatory housing practice. The complaint shall be in writing and under oath, and shall contain such information as the Board may require. It shall be filed with the Board no later than 180 days from the date of the alleged violation. It may be amended in such form and manner as the Board may allow.
(b) Upon the filing of a complaint, the Board shall make such investigations as it deems appropriate to ascertain facts and issues and determine whether it is probable that unlawful or discriminatory housing practices have been or are being engaged in. The investigation shall be conducted within fifteen business days after the filing of the complaint, although the investigation may be extended as deemed necessary by the chairperson of the Board. In no event shall any investigation be continued more than ninety calendar days beyond the date of filing of the complaint.
(c) If the Board determines that there are reasonable grounds to believe a violation has occurred or is occurring, it shall endeavor to eliminate such practices by informal methods of conference, conciliation and persuasion involving all interested parties and their representatives. Such efforts shall be informal, and nothing said or done during such initial conferences shall be public by any member of the Board or its staff unless the parties thereto agree in writing.
(d) If, after such investigation and conference, the Board is satisfied that any unlawful or discriminatory housing practice has been eliminated, it may treat the complaint as conciliated, and entry of such disposition shall be made on the records of the Board. 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 signed on behalf of the Board by its chairperson.
(e) If the Board determines after preliminary investigation that it is not probable that unlawful or discriminatory housing practices have been or are being engaged in, it shall notify the person who filed the complaint that it has so determined and that it will not issue a complaint in the matter; provided, that the Board shall not dismiss such complaint without first affording the complainant an opportunity to appear before the Board. Upon request of either party, the Board shall issue written findings of fact in support of its decision.
In conjunction with the dismissal of any complaint for lack of probable cause, the Board shall inform the complainant in writing of his or her right to file the complaint with the Ohio Civil Rights Commission or with the U.S. Department of Housing and Urban Development (HUD), or to file an action in a court of competent jurisdiction.
(f) If the Board fails to effect through conciliation the elimination of such unlawful or discriminatory housing practices or to obtain voluntary compliance with this chapter, it shall issue and cause to be served upon any person, including the person against whom the complaint is filed (hereafter referred to as the respondent), a complaint stating the charges and containing a summons and notice of the time and place of a hearing on the complaint. Such hearing shall be scheduled not less than fifteen nor more than thirty calendar days after service of the complaint and summons. The Director of Law shall represent the Board at such hearing and present evidence in support of the complaint. Any complaint issued pursuant to this section shall be so issued within one year after the complainant files a charge with respect to the alleged unlawful or discriminatory practices.
(g) The interested parties may, at their option, appear before the Board in person or by a duly authorized representative. 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 to the requesting party 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 determines upon the preponderance of the evidence that the respondent has violated this chapter, the Board shall, after consultation with the Director of Law in executive session, state its findings and cause the Director of Law to prepare and issue an order under Board directive requiring the respondent to cease and desist from such unlawful conduct and to take such affirmative action as will effectuate the purpose of this chapter, with notice that if the Board, upon investigation, determines that the respondent has not, after fifteen calendar days following the service of the Board's order, complied with such order, the Board shall 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. Such legal action may be pursued based on evidence gathered from testing studies which do not involve a bona fide homeseeker.
(j) If at the conclusion of the hearing, the Board determines by the preponderance of the evidence of the record that the respondent has not violated this chapter, the Board shall so state and publish its findings and issue its order dismissing the complaint.
(k) The Board is authorized to seek the cooperation and assistance of the Ohio Real Estate Commission, the Ohio Civil Rights Commission, the U.S. Department of Housing and Urban Development or any other person or entity with expertise regarding any issue before the Board.
(Ord. 1991-34. Passed 6-3-91.)