Current through Register Vol. 48, No. 3, March 22, 2024
A.
Conciliation.
(1) During the period beginning
with the initial filing of a complaint and ending with the filing of complaint
for hearing or dismissal, the Commission will, to the extent feasible, attempt
to conciliate the complaint.
(2) In
conciliating a complaint, the Commission will attempt to achieve a just
resolution of the complaint and to obtain assurances that the respondent will
satisfactorily remedy any violations of the rights of the aggrieved person, and
take such action as will assure the elimination of discriminatory housing
practices, or the prevention of their occurrence in the future.
(3) Where the rights of the aggrieved party
and the respondent can be protected and the prohibitions with respect to the
disclosure of information can be observed, the investigator may suspend fact
finding and engage in efforts to resolve the complaint by
conciliation.
B.
Conciliation agreement.
(1) The terms of a
settlement of a complaint will be reduced to a written conciliation agreement.
The conciliation agreement shall seek to protect the interests of the aggrieved
person, other persons similarly situated, and the public interest. The types of
relief that may be sought for the aggrieved person are described in 65-225.C.
The provisions that may be sought for the vindication of the public interest
are described in 65-225.D.
(2) The
agreement must be executed by the respondent and complainant. The agreement is
subject to the approval of the Commissioner who will indicate approval by
signing the agreement. The Commissioner will approve an agreement and will
execute the agreement only if:
(a) The
complainant and the respondent agree to the relief accorded the aggrieved
person;
(b) The provisions of the
agreement will adequately vindicate the public interest.
C. Relief sought for aggrieved
persons.
(1) The following types of relief may
be sought for aggrieved persons in conciliation:
(a) Monetary relief in the form of damages,
including damages caused by humiliation or embarrassment, and attorney
fees;
(b) Other equitable relief
including, but not limited to, access to the dwelling at issue, or to a
comparable dwelling, the provision of services or facilities in connection with
a dwelling, or other specific relief; or
(c) Injunctive relief appropriate to the
elimination of discriminatory housing practices affecting the aggrieved person
or other persons.
(2)
The conciliation agreement may provide for binding arbitration of the dispute
arising from the complaint. Arbitration may award appropriate relief as
described in paragraph (1) of this section. The aggrieved person and the
respondent may, in the conciliation agreement, limit the types of relief that
may be awarded under binding arbitration.
D. Provisions sought for the public interest.
The following are types of provisions that may be sought for
the vindication of the public interest:
(1) Elimination of discriminatory housing
practices.
(2) Prevention of future
discriminatory housing practices.
(3) Remedial affirmative activities to
overcome discriminatory housing practices.
(4) Reporting requirements.
(5) Monitoring and enforcement
activities.
E.
Termination of conciliation efforts.
(1) The
Commission may terminate its efforts to conciliate the complaint if the
respondent fails or refuses to confer with the Commission; the aggrieved person
or the respondent fail to make a good faith effort to resolve any dispute; or
the Commission finds, for any reason, that voluntary agreement is not likely to
result.
(2) Where the aggrieved
person has commenced a civil action under an Act of Congress or state law
seeking relief with respect to the alleged discriminatory housing practice, and
the trial in the action has commenced, the Commission will terminate
conciliation unless the court specifically requests assistance from the
Commission.
F.
Prohibitions and requirements with respect to disclosure of information
obtained during conciliation.
(1) Except as
provided in paragraph (2) of this section and 65-223.E, nothing that is said or
done in the course of conciliation under this Rule may be made public or used
as evidence in a subsequent administrative hearing under Article 3 or in civil
actions under the Fair Housing Law without the written consent of the persons
concerned.
(2) Conciliation
agreements shall be made public, unless the aggrieved person and respondent
request nondisclosure and the Commissioner determines that disclosure is not
required to further the purposes of the Fair Housing Law. Notwithstanding a
determination that disclosure of a conciliation agreement is not required, the
Commissioner may publish tabulated descriptions of the results of all
conciliation efforts.
G.
Review of compliance with conciliation agreements.
The Commission may, from time to time, review compliance with
the terms of any conciliation agreement. Whenever the Commission has reasonable
cause to believe that a respondent has breached a conciliation agreement, the
Commission may refer the matter to the Attorney General with a recommendation
for the filing of a civil action for the enforcement of the terms of the
conciliation agreement.