§ 3307. ENFORCEMENT.

(a) Human Rights Commission. Any person who believes that he or she has been discriminated against in violation of Sections 3303, 3305, 3305.2, 3305.3 , or 3305.4 of this Article 33 may file a complaint with the Human Rights Commission, which shall serve as a request to have the Commission investigate and mediate the complaint pursuant to Section 12A.5 of the Administrative Code.

(b) Human Rights Commission.

(1) Any person or organization who believes that a violation of Sections 3304 and/or 3305.2 of this Article relating to housing has occurred may file with the Human Rights Commission a verified complaint in writing.

(2) Upon the filing with the Commission of a verified written complaint, the Director of the Human Rights Commission or a designated member of the Commission staff, shall make, within 10 days, a full and prompt investigation in connection therewith. If, upon such investigation, the Director finds that the person charged in the complaint has not engaged in or is not engaging in such unlawful practice, such finding, in writing, shall be filed with the Commission and the complaint shall be dismissed. In addition to the other action the Director may or shall take, if, upon such investigation, the Director determines that probable cause exists for the allegations made in the complaint, the Director in his or her discretion may endeavor to eliminate the unlawful practice charged in the complaint by means of conciliation and persuasion.

(3) If the Director determines there is probable cause to conclude that an unlawful act of discrimination has occurred, the Director shall ask the respondent to withhold the housing accommodation that is the subject of the complaint from the housing market. If the respondent does not agree to withhold the housing accommodation, the Director shall post on the door of the housing accommodation a notice stating that the housing accommodations are the subject of a complaint before the Commission. The notice shall remain posted until a final decision by the hearing officer. Any destruction, defacement, alteration or removal of the notice by the respondent or his or her agents shall be an infraction and upon conviction thereof shall be punished by a fine of not less than $250 nor more than $500.

(4) If, at any time after a complaint has been filed, the Director determines that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Director shall refer the matter to the City Attorney for appropriate legal action. Appropriate legal action includes the seeking of injunctive relief to enjoin the owner of the property from taking further action with respect to the rental, lease, or sale of the property until the Commission has completed its investigation and made its determination. The Director shall notify the parties of such referral to the City Attorney and notify the complainant that he or she may initiate independently appropriate civil action to seek injunctive relief.

(5) If the unlawful practice is not eliminated within 20 days after the filing of the complaint, the Director shall designate a person, other than a member of the Commission, to serve as a hearing officer. This person shall preside over a hearing at which the parties may offer such documents, testimony, written declarations or other evidence as may be pertinent to the proceedings. The hearing shall be recorded and all evidence preserved for the record. The hearing shall be held within 45 days of the filing of the complaint.

(6) The hearing officer shall render a decision which shall include written findings of fact. The decision and findings shall be mailed within 30 days of the hearing.

(7) If the hearing officer finds that the respondent has engaged in a discriminatory practice in violation of this Article, the hearing officer shall issue an order requiring the respondent to cease and desist from the practice and to offer the housing accommodation to the complainant under the terms for which the unit was offered to the public. The respondent shall not be required to offer the housing accommodation to the complainant if the unit has already been rented by a tenant who has occupied the unit in good faith without knowledge of the pending complaint but the respondent shall be required to offer a comparable unit, if available, to the complainant.

(8) The decision of the hearing officer shall be final unless the Commission vacates his or her decision on appeal.

(9) Either party may file an appeal of the hearing officer's decision with the Commission. Such an appeal to the Commission from the determination of the hearing officer must be made within 15 days of the mailing of the decision and findings of fact. The appeal shall be in writing and must state the grounds for appellant's claim that there was either error or abuse of discretion on the part of the hearing officer. Each appeal shall be accompanied by a $15 filing fee; provided, however, the fee shall be waived for an individual who files an affidavit under penalty of perjury stating that he or she is an indigent person who does not have and cannot obtain the money to pay the filing fee without using money needed for the necessities of life. The filing of an appeal will not stay the effect of the hearing officer's decision.

(10) Upon receipt of an appeal, the entire administrative record of the matter, including the appeal, shall be filed with the Commission.

(11) The Commission may in its discretion determine to hear an appeal. In deciding whether to hear an appeal, the Commission shall consider, among other things, fairness to the parties, hardship to either party and promotion of the policies and purposes of this Article. In determining whether to hear an appeal the Commission may also review material from the administrative record of the matter as it deems necessary. A vote of the majority of the Commission shall be required for an appeal to be heard.

(12) In those cases where the Commission is able to determine on the basis of the documents before it that the hearing officer has erred, the Commission may without determining whether to hear the appeal remand the case for further hearing in accordance with its instructions without conducting an appeal hearing. Both parties shall be notified as to the time of the re-hearing, which shall be conducted within 30 days of the remand by the Commission. In those cases where the Commission is able to determine on the basis of the documents before it that the hearing officer's findings contain numerical or clerical inaccuracies, or require clarification, the Commission may continue the hearing for purposes of referring the case back to said hearing officer in order to correct the findings.

(13) Appeals accepted by the Commission shall be heard within 45 days of the filing of an appeal. Within 30 days of the filing of an appeal, both parties shall be notified in writing as to whether the appeal has been accepted. If the appeal has been accepted, the notice shall state the time of the hearing and the nature of the hearing. Such notice must be mailed at least 10 days prior to the hearing.

(14) At the appeal hearing, the parties shall have an opportunity to present oral and written argument in support of their positions. The Commission may in its discretion allow the parties to present additional evidence that was not considered by the hearing officer. After such hearing and after any further investigation which the Commission may deem necessary, the Commission may, upon hearing the appeal, affirm, reverse or modify the hearing officer's decision or may remand the case for further hearing in accordance with its findings. The Commission's decision must be rendered within 45 days of the completion of the hearing and the parties must be notified of such decision.

(15) In accordance with the above subsection, the Commission shall give the parties written notice of the decision. The notice shall state that the decision is final.

(16) The Commission shall adopt reasonable procedures to carry out the purposes of Section 3307(b).

(c) Civil Action. Any aggrieved person may enforce the provisions of this Article 33 by means of a civil action.

(d) Injunction.

(1) Any person who commits, or proposes to commit, an act in violation of this Article 33 may be enjoined therefrom by any court of competent jurisdiction.

(2) An action for injunction under this subsection 3307(d) may be brought by any aggrieved person, by the District Attorney, by the City Attorney, or by any person or entity that will fairly and adequately represent the interests of the protected class.

(e) Bar. A complaint to the Human Rights Commission is not a prerequisite to the filing of a civil action under this Section 3307. The pendency of a complaint before the Human Rights Commission shall not bar any civil action under this Section 3307, but a final judgment in any civil action involving the same parties and claims shall bar any further proceedings by the Human Rights Commission.

(f) Responsibilities of the Department of Building Inspection. Upon complaint from a member of the public or employee of a business establishment or place of public accommodation, or receipt of a request from the Human Rights Commission, the Department of Building Inspection shall inspect the business establishment or place of public accommodation, if subject to Section 3305.3 or 3305.4, and determine if the business establishment or place of public accommodation is in compliance with the requirements. In addition, during the course of any regularly-scheduled interior inspection of a business establishment or place of public accommodation subject to Section 3305.3 or 3305.4, the Department shall verify compliance with the requirements. Any business establishment or place of public accommodation found not to be in compliance with the requirements shall be deemed to be in violation of the Building Code and the Building Official is authorized to abate the violation in accordance with Section 102A of the Building Code.

(Amended by Ord. 184-81, App. 4/20/81; Ord. 400-87, App. 9/25/87; Ord. 222-02, File No. 021462, App. 11/15/2002; Ord. , File No. 150118, App. 4/16/2015, Eff. 5/16/2015; Ord. , File No. 160024, App. 4/22/2016, Eff. 5/22/2016; Ord. , File No. 161353, App. 3/17/2017, Eff. 4/16/2017)