Geneva, N.Y., Code of Ordinances ch. 158 § 158-17

A. Charge; filing. (1) A charge alleging an unfair practice under this chapter shall be in writing and signed under oath or affirmation by or on behalf of a charging party before any person authorized to administer oaths. The charge shall describe the unfair practice complained of and should include a statement of the dates, places and circumstances, and the persons responsible for such acts and practices. Upon the filing of a charge alleging an unfair practice, the Director shall cause to be served upon the charging party a written notice acknowledging the filing, and notifying the charging party of the time limits and choice of forums provided in this chapter. (2) Whenever charges are made on behalf of a person claiming to be aggrieved, the person making the charge must provide the Director with the name, address and telephone number of the individual on whose behalf the charge is made. Thereafter, the Director shall verify the authorization of such charge by the person on whose behalf the charge is made and upon the request of such person may keep his or her identity confidential. (3) A charge shall not be rejected as insufficient because of failure to include all required information so long as it substantially satisfies the informational requirements necessary for processing. (4) A charge alleging an unfair practice or pattern of unfair practices under this chapter may also be filed by the Director whenever the Director has reason to believe that any person has been engaged or is engaging in an unfair practice under this chapter. B. Time for filing charges. Charges filed under this chapter must be filed with the Director within 180 days after the occurrence of the alleged unfair practice. C. Amendments to charge. (1) The charging party or the Director may amend a charge: (a) To cure technical defects or omissions; (b) To clarify allegations made in the charge; (c) To add allegations related to or arising out of the subject matter set forth or attempted to be set forth in the charge; or (d) To add or substitute as a respondent a person who was not originally named as a respondent, but who is, during the course of the investigation, identified as a respondent. For jurisdictional purposes, such amendments shall relate back to the date the original charge was first filed. (2) The charging party may amend a charge to include allegations of retaliation which arose after the filing of the original charge. Such amendment must be filed within 180 days after the occurrence of the retaliation, and prior to the Director's issuance of findings of fact and determination with respect to the original charge. Such amendments may be made at any time during the investigation of the original charge so long as the Director will have adequate time to investigate the additional allegations and the parties will have adequate time to present the Director with evidence concerning the additional allegations before the issuance of findings of fact and a determination. (3) When a charge is amended to add or substitute a respondent, the Director shall serve upon the new respondent: (a) The amended charge; (b) The notice required under § 158-17D(1) ; and (c) A statement of the basis for the Director's belief that the new respondent is properly named as a respondent. For jurisdictional purposes, amendment of a charge to add or substitute a respondent shall relate back to the date the original charge was first filed. D. Notice of charge. (1) The Director shall promptly, and in any event within 20 days of filing of the charge, cause to be served on or mailed, by certified mail, return receipt requested, to the respondent, a copy of the charge along with a notice advising the respondent of respondent's procedural rights and obligations under this chapter. The Director shall promptly make an investigation of the charge. (2) The investigation shall be directed to ascertain the facts concerning the unfair practice alleged in the charge and shall be conducted in an objective and impartial manner. (3) During the investigation, the Director shall consider any statement of position or evidence with respect to the allegations of the charge which the charging party or the respondent wishes to submit, including the respondent's answer to the charge. The Director shall have authority to sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and copying, and conduct discovery procedures which may include the taking of interrogatories and oral depositions. (4) The Director may require a fact-finding conference or participation in another process with the respondent and any of respondent's agents and witnesses and charging party during the investigation in order to define the issues, determine which elements are undisputed, resolve those issues which can be resolved, and afford an opportunity to discuss or negotiate settlement. Parties may have their legal counsel present if desired. (5) Witnesses summoned by a subpoena under this chapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in New York State Supreme Court. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Commission. E. Investigation of charges. The following procedure shall apply to the investigation of charges of unfair real estate practices filed under this chapter: (1) A respondent may file with the Director an answer to the charge no later than 20 days after receiving notice of the charge. (2) The Director shall commence investigation of the charge within 30 days after the filing of the charge. An investigation must be completed within 100 days, except under special circumstances which must be documented and conveyed to the parties. If the Director is unable to complete the investigation within 100 days after the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor. The Director shall make final administrative disposition of a charge within one year of the date of filing of the charge, unless it is impracticable to do so. If the Director is unable to make a final administrative disposition within one year of the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor. (3) If the Director determines that it is necessary to carry out the purposes of this chapter, the Director may, in writing, request the City Attorney to seek prompt judicial action for temporary or preliminary relief to enjoin any unfair real estate practice pending final disposition of a charge. F. Conciliation and investigative reports. (1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Director, the Director shall, to the extent feasible, engage in conciliation with respect to such complaint. (a) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the Director. (b) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. (c) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Director determines that disclosure is not required to further the purposes of this title. (d) Failure to comply with conciliation agreement. Whenever the Director has reasonable cause to believe that a respondent has breached a conciliation agreement, the Director shall refer the matter to the City Attorney with a recommendation that a civil action be filed for the enforcement of such agreement. (e) Prohibitions and requirements with respect to disclosure of information. [1] Nothing that transpires during the conciliation process, whether successful or unsuccessful, may be publicly disclosed or used in subsequent proceedings. [2] Notwithstanding Subsection F(1)(e)[1] , the Director shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Director's investigation, information derived from an investigation and any final investigative report relating to that investigation. (2) At the end of each investigation under this section, the Director shall prepare a final investigative report containing: (a) The names and dates of contacts with witnesses; (b) A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; (c) A summary description of other pertinent records; (d) A summary of witness statements; and (e) Answers to interrogatories. (3) A final report under this subsection may be amended if additional evidence is later discovered. G. Findings of fact and determination of reasonable cause or no reasonable cause. (1) The results of the investigation shall be reduced to written findings of fact and a determination shall be made by the Director that there is or is not reasonable cause for believing that an unfair practice has been or is being committed, which determination shall also be in writing and issued with the written findings of fact. (2) The findings of fact and determination shall be mailed promptly to the respondent and charging party. (3) Once issued to the parties, the Director's findings of fact, determination, and order may not be amended or withdrawn except upon the agreement of the parties or in response to an order by the Board after an appeal taken pursuant to § 158-17H(2) , provided, that the Director may correct clerical mistakes or errors arising from oversight or omission upon the request from a party or upon the Director's own discretion. H. Determination of no reasonable cause; appeal from and dismissal. (1) If the Director determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Director shall promptly dismiss the complaint. The Director shall make public disclosure of each such dismissal. (2) If a determination is made that there is no reasonable cause for believing an unfair practice under this chapter has been committed, the charging party shall have the right to appeal such determination to the Board within 30 days of the date the determination is signed by the Director by filing a written statement of appeal with the Board. The Board shall promptly deliver a copy of the statement to the Director and respondent and shall promptly consider and act upon such appeal by either affirming the Director's determination or remanding it to the Director with appropriate instructions. In the event no appeal is taken or such appeal results in affirmance or if the Board has not decided the appeal within the 60 days allotted, the determination of the Director shall be final and the charge deemed dismissed. Any party aggrieved by the final dismissal may appeal the order on the record to an appropriate court. I. Determination of reasonable cause; conciliation and settlement. (1) If a determination is made that reasonable cause exists to believe that an unfair practice has occurred, the Director shall endeavor to eliminate the unfair practice by conference, conciliation and persuasion. Conditions of settlement may include (but are not limited to) the elimination of the unfair practice, rent refunds or credits, reinstatement to tenancy, affirmative recruiting or advertising measures, payment of actual damages, damages for loss of the right to be free from discrimination in real estate transactions, attorney's fees or such other remedies that will effectuate the purposes of this chapter, including action which could be ordered by a court. In charges alleging an unfair real estate practice, filed under this chapter, the Director may also require payment of a civil penalty, as set forth in § 158-20 . (2) Any settlement or conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. An order shall then be entered by the Director setting forth the terms of the agreement. Copies of such order shall be delivered to all affected parties. (3) If conciliation is not successful and no agreement can be reached, the Director shall issue a written finding to that effect and furnish a copy of the finding to the charging party and to the respondent. Such a finding: (a) Shall consist of a short and plain statement of the facts upon which the Director has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; (b) Shall be based on the final investigative report; and (c) Need not be limited to the facts or grounds alleged in the complaint filed under § 158-17A ; and (d) Shall be delivered to the charging parting and to the respondent. (4) Upon issuance of the finding, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the Board for further proceedings and hearing under this chapter pursuant to § 158-18 . (5) If the Director determines that the matter involves the legality of any State or local zoning or other land use law or local law, the Director shall immediately refer the matter to the City Attorney for appropriate action, instead of issuing a charge.