Arizona Administrative Code
Title 10 - LAW
Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING
Article 1 - FAIR HOUSING
Section R10-2-118 - Notification of Respondent
Universal Citation: AZ Admin Code R 10-2-118
Current through Register Vol. 30, No. 12, March 22, 2024
A. Within 20 days of the filing of a complaint under R10-2-115 or the filing of an amended complaint under R10-2-116, the Attorney General shall serve a notice on each respondent. A person who is not named as a respondent in a complaint but who is identified in the course of the investigation as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person.
B. The notice shall:
1. Identify the alleged discriminatory
housing practice upon which the complaint is based and include a copy of the
complaint;
2. State the date that
the complaint was accepted for filing;
3. Advise the respondent of the time limits
to file a response, of the procedural rights and obligations of the respondent,
and that the response shall be signed and affirmed by the respondent. The
affirmation must state: "I declare under penalty of perjury that the foregoing
is true and correct";
4. Advise the
respondent of the complainant's right to commence a civil action under the Act
in Arizona Superior Court at any time within two years after the occurrence or
termination of the alleged discriminatory housing practice or the breach of a
conciliation agreement entered into pursuant to A.R.S. §
41-1491.26. The
notice shall state that the computation of this two-year period excludes any
time during which a subpoena enforcement procedure is pending under this
Article with respect to a complaint based on the alleged discriminatory housing
practice;
5. If the person is not
named in the complaint but is being joined as an additional or substitute
respondent, explain the basis for the Attorney General's determination that the
joined person is properly joined as a respondent; and
6. Advise the respondent that retaliation
against any person because the person made a complaint or testified, assisted,
or participated in an investigation or conciliation involving the Act, is a
discriminatory housing practice that is prohibited under A.R.S. §
41-1491.18.
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