Legal Documents of Adams

Code of Adams

Adams
Title 20 : Miscellaneous
Chapter 1 : Fair Housing Chapter

20-110 : Enforcement.

  1. Any persons who claim to have been injured by a discriminatory housing practice or who believe that they will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the mayor.
    1. Complaints shall be in writing and shall contain such information and be in such form as the mayor requires. Upon receipt of such a complaint, the mayor shall furnish a copy of the same to the person or persons who allegedly committed or is about to commit the alleged discriminatory housing practice. Within thirty (30) days after receiving a complaint, or within thirty (30) days after the expiration of any period of reference under subsection (3) below, the mayor shall investigate the complaint and give notice in writing to the person aggrieved whether they intend to resolve it.
    2. If the mayor decides to resolve the complaints, they shall proceed to try to eliminate or correct the alleged discriminatory housing practice by information methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned.
    3. Any employee of the City of Adams who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars ($50.00).
  2. A complaint under subsection (1) above shall be filed within one hundred and eighty (180) 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 them and with the leave of the mayor, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified.
  3. If within thirty (30) days after a complaint is filed with the mayor, the mayor has been unable to obtain voluntary compliance with this chapter, the person aggrieved may, within thirty (30) days thereafter, file a complaint with the secretary of the department of housing and urban development. The mayor will assist in this filing.
  4. If the mayor has been unable to obtain voluntary compliance within thirty (30) days of the complaint, the person aggrieved may, within thirty (30) days hereafter commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this chapter, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.
  5. In any proceeding brought pursuant to this section, the burden of proof shall be on the complaint.
  6. Whenever an action filed by an individual shall come to trial, the mayor shall immediately terminate all efforts to obtain voluntary compliance. (Ord. #62, Feb. 1995, modified)
Date Last Updated: 05/01/2020
Codification Date: 05/01/2020

Officials at Date of Last Codification:

Mayor - Mary Mantooth

Vice Mayor - Wayne Evans

Commissioner - Donna Boisseau

Recorder - Anna Luke

City Attorney - Jody Dorris