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 Henrietta
 Code of Ordinances
 Chapter 13. HUMAN RELATIONS
 Article II. FAIR HOUSING

  § 13-23. Complaints.  

Latest version.

  • (a)

    Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter referred to as "person aggrieved") may file a complaint with the administrator. Any complaints shall be in writing and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particular thereof. The administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them upon request, without charge, to any person aggrieved. The administrator and employees of his office may assist in the clerical preparation of such complaints.

    (b)

    If this article should be declared substantially equivalent to the federal Fair Housing Law by the U.S. Department of Housing and Urban Development, the administrator shall receive and accept notification and referral of complaints from the secretary of the department pursuant to the provisions of Title VIII-Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved.

    (c)

    If, in the course of any investigation as provided in section 13-24 of this chapter on a complaint filed with or referred to the administrator, he shall receive credible evidence and shall have probable cause to believe that the person or persons named in such complaint has committed a discriminatory housing practice not stated in such complaint, the administrator may prepare and file a supplementary complaint upon his own motion and in his own name and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved.

    (d)

    If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed a discriminatory housing practice as to which no complaint has been filed nor is about to be filed, the administrator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

    (e)

    Upon the filing or referral of any complaint, the administrator shall furnish a copy of the same to the person named as respondent in the complaint.

    (f)

    A complaint under paragraphs (a), (c), (d) and (e) of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints may be reasonably or fairly amended at any time. A respondent may file an answer to the complaint against him and, with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. A copy of any amendment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answers shall be signed by the persons making them.

(Ord. No. 7719, § 9, 8-18-77)