[HISTORY: Adopted by the Board of Trustees of the Village of Waverly 8-25-1981
as L.L. No. 5-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 93.
Through the Civil Rights Act of 1866, Title VI of the Civil Rights Act
of 1964, Title VIII of the Civil Rights Act of 1968, as amended, and Executive
Order 11063, individuals are guarded against discrimination in the sale or
rental of housing. The Village of Waverly recognizes the importance of these
legal safeguards and wishes to provide for local enforcement of both federal
and state fair housing laws through this chapter.
This chapter establishes a local procedure for enforcement of federal
and state fair housing laws, including but not limited to the Civil Rights
Act of 1866, Title VI of the Civil Rights Act of 1964 and Title VIII of the
Civil Rights Act of 1968, as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
An act that is unlawful under Section 804, 805 or 806 of Title VIII.
Includes one or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, trustees, receivers and fiduciaries.
Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42
U.S.C. § 3601 to 3619.
Includes to lease, to sublease, to let and otherwise to grant for
consideration the right to occupy premises not owned by the occupant.
A.
Any person wishing to file a complaint concerning discrimination
in the sale or rental of housing must present information concerning the alleged
violation(s) to the local designated Fair Housing Officer. Each complaint
shall be filed on a housing discrimination complaint form (see Attachment
A[1]) and shall contain substantially the following information:
(1)
The name and address of the person aggrieved (complainant).
(2)
The name and address of the person against whom the complaint
is filed (respondent).
(3)
A description and address of the dwelling which involves
the alleged discriminatory housing practice.
(4)
A concise statement of the facts, including dates, constituting
the alleged discriminatory housing practice.
[1]
Editor's Note: Attachment A is on file in the office of the Village
Clerk.
B.
The complaint must be filed no later than 180 days after
the alleged discriminatory housing practice occurred.
Upon the filing of a complaint and upon any amendment of such a complaint,
the designated Fair Housing Officer will notify the respondent of the complaint
by certified mail.
A hearing will be held before the Fair Housing Officer for the purpose
of resolving the complaint. The complainant and respondent shall receive notification
of the hearing date by certified mail. The hearing must be held within 10
days of the mailing of the notification to both parties. At the hearing, the
Fair Housing Officer will explain the complaint and relevant law which has
allegedly been violated to the respondent. The respondent will have the right
to be represented by counsel. If the allegations of the complaint are proven
by a preponderance of evidence, the Fair Housing Officer shall describe to
the respondent appropriate prescribed action to be taken by the respondent.
The respondent will be notified by certified mail of the prescribed
action. He will have 14 days in which to comply with the prescribed action.
The Fair Housing Officer at all times will encourage voluntary cooperation
but will resort to the compulsory processes authorized by Section 811 of Title
VIII. Further court action will only be done on the request of the complainant.
The Assistant Secretary for Equal Opportunity in the Department of Housing
and Urban Development will be forwarded a copy of the complaint and all relevant
materials at this time.
