APPENDICES
APPENDIX F. Housing Discrimination Ordinance.
Sec. 11. Procedures of the commission.
(a) A complaint charging a violation shall be made in writing and
under oath or affirmation by an aggrieved person within one year of the last
discriminatory event.
(b) The commission shall make a prompt and full
investigation of each complaint of any practice made unlawful under this
ordinance.
(c) If, in the opinion of the commission, the complaint fails to
make a prima facia case of a violation of the provisions of this ordinance, the
commission shall, within five days of such decision, send to all interested
parties written notice thereof.
(d) If the commission determines after
investigation that probable cause exists for all the allegations made in the
complaint, the commission shall give notice to the person charged with engaging
or having been engaged in the unlawful practice, a statement of charges made in
the complaint and a notice of the time and place of the hearing. The hearing
shall be held in confidence and without publicity. The hearing shall be
scheduled not less than 14 days after the issuance of the statement of charges.
The respondent shall have the right to file an answer to the statement of
charges, to appear at the hearing in person or by his agent and/or be
represented by counsel, and to examine and cross-examine witnesses.
(e) The
commission shall attempt to eliminate the unlawful practices by means of
conciliation and persuasion.
(f) If conciliation is successful, the parties
shall enter into a written agreement stating the terms of the conciliation. The
agreement shall be confidential unless all parties agree to publication.
(g)
In the event of failure to eliminate the unlawful practice charged in the
complaint by means of conciliation or persuasion, the commission shall issue a
written decision and order stating its findings, ordering the respondent to
cease and desist from the act(s), and ordering appropriate action to carry out
the purposes of this ordinance. The commission shall notify each party of the
decision and order.
(h) The complainant may secure enforcement of the order
of the commission or seek other appropriate relief by a court of competent
jurisdiction.
(i) When the commission has heard and decided any complaint
brought before it, enforcement of its order shall be initiated by the filing of
a petition in a court of competent jurisdiction.
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