South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 2 - FAIR HOUSING COMPLAINT PROCESSING
Section 65-221 - Referral of Complaints to State and Local Agencies
Universal Citation: SC Code Regs 65-221
Current through Register Vol. 48, No. 3, March 22, 2024
A. Notification and referral to substantially equivalent local agencies.
(1) Whenever a
complaint alleges a discriminatory housing practice that is within the
jurisdiction of a substantially equivalent local agency and the agency is
certified or may accept referrals with regard to the alleged discriminatory
housing practice, the Commission will notify the agency of the filing of the
complaint and refer the complaint to the agency for further processing before
the South Carolina Human Affairs Commission takes any action with respect to
the complaint. The Commission will notify the local agency of the referral by
certified mail.
(2) The Commission
will notify the aggrieved person and the respondent, by certified mail or
personal service, of the referral under paragraph (1) of this section. The
notice will advise the aggrieved person of the right to commence a civil action
under the Fair Housing Law in an appropriate court, not later than one year
after the occurrence or termination of the alleged discriminatory housing
practice. The notice will state that the computation of this one year period
excludes any time during which a proceeding is pending under this rule, with
respect to a complaint based on the alleged discriminatory housing practice.
The notice will also state that the time period includes the time during which
an action arising from a breach of a conciliation agreement under the Fair
Housing Law is pending.
B. Cessation of action on referred complaints.
After a complaint is referred the Commission will take no further action with respect to the complaint except as provided in the Act.
C. Notification upon reactivation.
(1) Whenever a complaint
referred to a local fair housing agency is reactivated, the Commission will
notify the local agency, the aggrieved person and the respondent of the
Commission's reactivation. The notification will be made by certified mail or
personal service.
(2) The
notification to the respondent and the aggrieved person will:
(a) Advise the aggrieved person and the
respondent of the time limits applicable to complaint processing and the
procedural rights and obligations of the aggrieved person and the
respondent.
(b) State that the
Human Affairs Commission will process the complaint under the Fair Housing
Law.
(c) Advise the aggrieved
person and the respondent of the aggrieved person's right to commence a civil
action under the Fair Housing Law, in an appropriate court, no later than one
year after the occurrence or termination of the alleged discriminatory housing
practice. The notice will state that the computation of this one year period
excludes any time during which a proceeding is pending with respect to a
complaint or charge based on the alleged discriminatory housing practice. The
notices will also state that the time period includes the time during which an
action arising from a breach of conciliation agreement under the Fair Housing
Law is pending.
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