[R.O. 2005 §15-26; CC 1997 §15-26]
A. Any person
who claims to have been injured by a discriminatory housing practice
or who believes that he/she will be irrevocably injured by a discriminatory
housing practice that is about to occur, hereafter referred to as
the "person aggrieved", may file a complaint with the Commission.
Complaints shall be in writing and shall contain such information
and be in such form as the Commission requires. Upon receipt of such
a complaint, a copy shall be furnished to the person or persons who
allegedly committed or are about to commit the alleged discriminatory
housing practice. Within thirty (30) days after receiving a complaint,
it shall be investigated and the Commission shall determine if cause
exists for the allegations made in the complaint. The Commission may
request the assistance of the City Attorney in its investigations.
If the Commission finds cause for the complaint, it shall attempt
to eliminate or correct the alleged discriminatory housing practice
by informal methods of conference, conciliation and persuasion. The
complaint shall be dismissed if the Commission finds no cause. The
Commission, at any time it has reason to believe that any person has
been engaged in discriminatory practice prohibited by this Code, may
issue a complaint.
B. A complaint under Subsection
(A) shall be filed within sixty (60) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him/her and with the leave of the Commission, which shall be granted whenever it would be reasonable and fair to do so, may amend this answer at any time. Both complaints and answers shall be verified.
[R.O. 2005 §15-27; CC 1997 §15-27]
A. If conciliation
efforts fail, the Commission shall promptly set a date for a hearing
of the matters alleged in such complaint and related matters occurring
subsequently, but only after giving at least five (5) days' prior
written notice to the person or persons who allegedly committed or
are about to commit the alleged unfair housing practice.
B. The hearing
shall be conducted in a fair and impartial manner according to rules
adopted by the Commission; the person aggrieved and the person or
persons who allegedly committed or are about to commit the alleged
unfair housing practice may appear with legal counsel and shall have
the right to present proof and cross-examine witnesses in all matters
relating to the complaint and subsequent related occurrences.
[R.O. 2005 §15-28; CC 1997 §15-28]
After such hearing the Commission will report on the matter
heard to the Council with copies of such report being forwarded to
the City Attorney. Upon the receipt of the report, the Council will
review the same and will take such action as it deems appropriate
by entering an order to cease and desist or such other appropriate
order and shall cause such order to be served on all parties.
[R.O. 2005 §15-29; CC 1997 §15-29]
The Council, upon receiving the report of the Commission, shall,
in such cases wherein it enters a cease and desist order, certify
such case to the City Attorney for appropriate action.
[R.O. 2005 §15-30; CC 1997 §15-30]
Any person who shall commit a discriminatory housing practice
in violation of this Code, upon conviction thereof, shall be punished
for each such violation by a fine of not less than five dollars ($5.00)
nor more than one hundred dollars ($100.00).