La Grange — Title VII Ch. 14 Fair Housing § 7-14-140

(a) Complaint.
(1) Any Person aggrieved in any manner by a violation of any provision of this chapter may file with the Administering Agency/Administrator a written verified Complaint setting forth his or her grievance within one year after the date of the alleged violation. The Complaint shall state, on a printed form provided by the Administering Agency, such detail as to substantially apprise any party properly concerned as to the time, place, and facts surrounding the alleged violation of this chapter.
(2) A Complaint may be filed against any Person alleged to be engaged, to have engaged, or about to engage in a discriminatory housing practice.
(3) A Complaint may also be filed against any Person who directs or controls, or has the right to direct or control, the conduct of another Person with respect to any aspect of the sale, Rental, advertising or financing of Dwellings or the provision of Brokerage services relating to the sale or Rental of Dwellings if that other Person, acting within the scope of his or her authority as employee or agent of the directing or controlling Person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.
(b) Notice of Complaint.
(1) Within ten calendar days after a Complaint has been received or initiated by the Administering Agency or the Administrator, the Administering Agency shall serve or cause to be served, either in Person or by certified mail, a copy of the Complaint on the Person alleged to be in violation of this chapter, hereinafter referred to as the Respondent.
(2) The Administrator shall also, within ten days of the date on which the Complaint was filed, send written notice to the Complainant informing the Complainant of his or her option to file a Complaint with U.S. HUD, the Illinois Human Rights Department, and Federal or State courts.
(c) Interim injunctive temporary relief.
(1) At any time after a Complaint is filed and determined to constitute a violation of this chapter, the Administering Agency may request that the President and Board of Trustees authorize the filing of a petition with the appropriate court for temporary relief, pending final determination of the proceedings under this chapter, including an order or decree restraining the Respondent from doing or causing any act which would render ineffectual a recommendation with respect to the Complaint. Such petition shall be expected by the Administrator and shall state that the particular matter presents exceptional circumstances in which irreparable injury will result from a violation of this chapter in the absence of temporary relief.
(2) The petition shall be filed in the appropriate State or Federal court.
(d) Respondent response.
(1) The Respondent shall serve a verified copy of his or her response to all allegations contained in the Complaint within ten calendar days of the date on which Respondent was served a copy of the Complaint.
(2) The Administrator shall issue a notice of default directed to any Respondent who fails to file a verified response to a Complaint within ten calendar days of the date on which the Complainant was served, unless the Respondent can demonstrate good cause as to why such notice should not be issued.
(e) Within ten calendar days of the date he receives the Respondent's response, the Complainant may file his reply to the response. If he chooses to file a reply, the Complainant shall serve a copy of the reply on the Respondent or his representative. A party shall have the right to supplement his response or reply at any time that the investigation of the Complaint is pending.
(f) Investigation.
(1) The Administering Agency shall order a prompt investigation of the Complaint, completing such an investigation within 100 calendar days after the filing of the Complaint.
(2) Unless it is impossible to do so, upon review of the report and within 100 calendar days after the filing of the Complaint, the Administrator shall determine whether there is substantial evidence that the alleged chapter violation has been committed or is about to be committed.
(3) If the Administering Agency is unable to make the determination within 100 calendar days after the filing of the Complaint, the Administrator shall notify the Complainant and Respondent in writing of the reasons for not doing so.
(4) If the Administering Agency determines that there is to substantial evidence, the Complaint shall be dismissed and the Complainant notified that he or she may seek his or her personal legal remedies of the dismissal order before the Adjudicative Agency. The Complainant shall have 30 calendar days from receipt of notice to file a request for reconsideration by the Administering Agency. The Administering Agency shall uphold the finding of insubstantial evidence, or reverse the finding of insubstantial evidence and undertake Conciliation.
(5) If the Administering Agency determines that there is substantial evidence, it shall immediately notify the parties and schedule a Conciliation meeting.
(g) Conciliation.
(1) During the period beginning with the filing of a Complaint and ending with a dismissal or a request to the board of trustees to proceed to adjudicate, the Administering Agency or Administrator shall, to the extent feasible, engage in Conciliation with respect to such Complaint.
(2) If the Administrator determines:
a. That Conciliation is feasible, the Complainant and Respondent shall be notified of the time and place of the Conciliation meeting by registered or certified mail at least seven calendar days prior thereto and both parties shall appear at the meeting in Person or by attorney; or
b. That attempts at Conciliation would not further the objectives of this chapter, or that the Complaint cannot be resolved by Conciliation, the Administrator shall report and transfer the Complaint and filings to the Administrative Agency.
(3) The Administrator shall attempt by all accepted methods of Conciliation and lawful persuasion to resolve the grievance delineated in the Complaint.
(4) Nothing occurring at the Conciliation meeting shall be made public or used as evidence in a subsequent proceeding for the purpose of proving a violation under this chapter unless the Complainant and Respondent agree in writing that such disclosure be made.
(5) An agreement arising out of such Conciliation shall be treated as a settlement pursuant to 7-14-140 (i).
(6) A Conciliation may provide for binding arbitration of the dispute arising from the Complaint. Any such arbitration that results from a Conciliation agreement may award relief as provided for in this chapter.
(h) Hearing on Complaint. Within 15 days of receiving a Complaint from the Administrator, the Administering Agency shall, upon due and reasonable notice to all parties, do the following:
(1) Establish a meeting time for the Human Relations Commission, and notify the Complainant and Respondent of the time, place and date of the Conciliation session at least ten days prior thereto, and either or both parties shall appear at the Conciliation session in person or by attorney;
(2) Attempt by all accepted methods of Conciliation and lawful persuasion to resolve the grievance delineated in the Complaint; and
(3) If, within 90 calendar days after a Charge has been received by the Human Relations Commission would not be in furtherance of the objectives of this chapter, or that the Complaint cannot be resolved by Conciliation, it shall render a written report and recommendation to the Board of Trustees, copies of which shall be served by certified mail upon the Complainant and the Respondent.
(i) Settlement.
(1) Circumstances. A settlement of any Complaint may be effected at any time prior to a conclusion by the Administering Agency upon agreement of the parties and the approval of the Agency.
(2) Settlement. Each settlement agreement shall be made public unless the Complainant and Respondent otherwise agree and the Administrator determines that disclosure is not required to further the purpose of this chapter.
(3) Form. Settlements of Complaints prior to the issuing of a conclusion shall be issued in writing by the Administrator, signed by the parties, and submitted by the Administrator to the Agency.
(4) Settlement violation. When either party alleges that a settlement order has been violated, the Administrator shall conduct an investigation into the matter. If substantial evidence demonstrates that a settlement has been violated, the Administrator shall refer the matter to the municipal attorney for enforcement in the Circuit Court in which the Respondent or Complainant resides or transacts business or in which the alleged violation took place.