§ 22-29. Enforcement.

(a)

An aggrieved person claiming to have been injured by a discriminatory housing practice, or who believes that he will be injured by a discriminatory housing practice that is about to occur, may file a complaint with the mayor. On receipt of the complaint, the mayor shall:

(1)

Give the aggrieved person notice that the complaint has been filed and advise the aggrieved person of the time limits and choice of forums under this article.

(2)

Not later than ten days after the filing of the complaint, serve the respondent a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article, together with a copy of the original complaint.

(b)

A complaint pursuant to subsection (a) of this section shall be filed not later than one year after the alleged discriminatory housing practice occurs. A complaint shall be in writing and shall state the facts on which the allegations of a discriminatory housing practice are based. The complaint shall contain any other information and be in the form that the mayor requires. The complaint may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him not later than the tenth day after receipt of the notice and copy pursuant to subsection (a)(2) of this section and, with the consent of the mayor, which shall be granted if it would be reasonable and fair to do so, may amend his answer at any time. The mayor may require both complaints and answers to be verified.

(c)

Mediation.

(1)

Within ten days after the receipt of the respondent's answer or, if no answer is filed within the time prescribed in subsection (b) of this section, within five days after the expiration of such time, the mayor, if the complaint has been referred pursuant to this subsection, must refer the complaint to a mediation panel under this subsection. If the parties agree to a settlement through mediation, and the medicated settlement is in writing and signed by both parties, the mayor shall dismiss the complaint, if the mayor approves the agreement and finds it to be in the public interest.

(2)

If the complaint has not been resolved through mediation within 30 days after referral to the mediation panel, it must be returned to the mayor for investigation, which shall commence immediately. If the complaint is returned to the mayor, he shall investigate the complaint and may proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and mediation. If the mayor determines after investigation that there is not reasonable cause to believe that the complaint is true, he shall enter an order dismissing the complaint and shall notify the complainant and the respondent of his action. If the mayor determines after investigation that there is reasonable cause to believe that the complaint is true, he shall enter an order containing his findings of fact and shall endeavor to eliminate the alleged unlawful housing practice by informal methods of conference, conciliation, and persuasion.

(3)

Nothing said or done in the course of these informal endeavors may be made public, provided that if a civil action resulting from a complaint is commenced in any federal or state court, evidence collected by or submitted to the mayor during investigation of the complaint and the source of the evidence are discoverable by the parties to the civil action in accordance with applicable rules of evidence, procedure, and discovery.

(d)

All conciliation agreements shall provide that the complainant waives, releases, and covenants not to sue the respondent or claim against the respondent in any forum with respect to the matters which were alleged as complaints filed with the mayor, subject to performance by the respondent of the promises and representations contained in the conciliation agreement. All conciliation agreements shall be in writing and agreed to by the complainant, the respondent, and the mayor or his designee.

(e)

The mayor shall complete the investigation of an alleged discriminatory housing practice within 100 days after the filing of the complaint unless it is impracticable to do so.

(f)

If the mayor is unable to complete the investigation within the time period set forth in subsection (e) of this section, the mayor shall notify the parties in writing of the reasons for not doing so.

(Code 2004, § 28.11; Mo. of 4-17-1993)