S*4 Session 108 (1989-1990)
S*0004(Rat #0118, Act #0072 of 1989) General Bill, By H.U. Fielding
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 21
to Title 31 so as to enact the South Carolina Fair Housing Law and to provide
penalties for violation.
01/12/89 Senate Introduced and read first time SJ-32
01/12/89 Senate Referred to Committee on Labor, Commerce and
Industry SJ-32
03/09/89 Senate Committee report: Favorable with amendment Labor,
Commerce and Industry SJ-9
03/14/89 Senate Amended SJ-20
03/14/89 Senate Read second time SJ-40
03/14/89 Senate Ordered to third reading with notice of
amendments SJ-40
03/15/89 Senate Read third time and sent to House SJ-22
03/16/89 House Introduced and read first time HJ-17
03/16/89 House Referred to Committee on Labor, Commerce and
Industry HJ-17
04/20/89 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-7
04/25/89 House Amended HJ-216
04/25/89 House Read second time HJ-218
04/26/89 House Read third time and returned to Senate with
amendments HJ-19
04/27/89 Senate Concurred in House amendment and enrolled SJ-3
05/04/89 Ratified R 118
05/09/89 Signed By Governor
05/09/89 Effective date 05/09/89
05/09/89 Act No. 72
05/25/89 Copies available
(A72, R118, S4)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21
TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE
PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Fair Housing Law enacted
SECTION 1. Title 31 of the 1976 Code is amended by adding:
"CHAPTER 21
South Carolina Fair Housing Law
Section 31-21-10. This chapter is known and may be cited as the South Carolina
Fair Housing Law.
Section 31-21-20. It is the policy of this State to provide, within
constitutional limitations, for fair housing throughout the State.
Section 31-21-30. For purposes of this chapter:
(1) 'Commission' means the South Carolina Human Affairs Commission.
(2) 'Commissioner' means the Commissioner of the South Carolina Human Affairs
Commission.
(3) 'Covered multi-family dwellings' means:
(a) buildings consisting of four or more units if the buildings have one or
more elevators; and
(b) ground floor units in other buildings consisting of four or more units.
(4) 'Discriminatory housing practice' means an act that is unlawful under
this chapter.
(5) 'Dwelling' means any building or structure, or portion of any building
or structure, which is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land which is offered for sale
or lease for the construction or location on it of any such building or
structure, or portion of it.
(6)(a) 'Familial status' means one or more individuals who have not attained
the age of eighteen years and are domiciled with:
(i) a parent or another person having legal custody of the individual;
or
(ii) the designee of the parent or other person having the custody, with
the written permission of the parent or other person.
(b) The protections afforded against discrimination on the basis of familial
status apply to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of eighteen years.
(7) 'Handicap' means, with respect to a person:
(a) a physical or mental impairment which substantially limits one or more
of the person's major life activities;
(b) a record of having such an impairment; or
(c) being regarded as having an impairment.
The term 'handicap' excludes current, illegal use of or addiction to a controlled
substance as defined by law.
(8) 'Housing for older persons' means housing:
(a) provided under any state or federal program that the commissioner
determines is designed specifically and operated to assist elderly persons, as
defined in the state or federal program; or
(b) intended for, and solely occupied by persons sixty-two years of age or
older; or
(c) intended and operated for occupancy by at least one person fifty-five
years of age or older for each unit. In determining whether housing qualifies
as housing intended and operated for occupancy by at least one person fifty-five
years of age or older, the commissioner shall develop regulations which require
at least the following factors:
(i) the existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons or, if the
provision of the facilities and services is not practicable, that the housing is
necessary to provide important housing opportunities for older persons; and
(ii) that at least eighty percent of the dwellings are occupied by at
least one person fifty-five years of age or older for each unit; and
(iii) the publication of and adherence to policies and procedures which
demonstrate an intent by the owner or manager to provide housing for persons
fifty-five years of age or older.
(d) housing does not fail to meet the requirements for housing for older
persons by reason of:
(i) persons residing in this housing as of the date of enactment of this
chapter who do not meet the requirements of subitem (b) or (c); or
(ii) unoccupied units, provided that these units are reserved for
occupancy by persons who meet the new requirements of subitem (b) or (c).
(9) 'Person' includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees
in bankruptcy, receivers, and fiduciaries.
(10) 'To rent' includes to lease, to sublease, to let, and otherwise to grant
for a consideration the right to occupy premises not owned by the occupant.
Section 31-21-40. It is unlawful:
(1) to refuse to sell or rent after the making of a bona fide offer, to refuse
to negotiate for the sale or rental of, or otherwise to make unavailable or deny
a dwelling to any person because of race, color, religion, sex, familial status,
or national origin;
(2) to discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities
in connection with it, because of race, color, religion, sex, familial status,
or national origin;
(3) to make, print, or publish, or cause to be made, printed, or published,
any notice, statement, or advertisement with respect to the sale or rental of a
dwelling that indicates any preference, limitation, or discrimination based on
race, color, religion, sex, handicap, familial status, or national origin or an
intention to make the preference, limitation, or discrimination;
(4) to represent to any person because of race, color, religion, sex,
handicap, familial status, or national origin that any dwelling is not available
for inspection, sale, or rental when the dwelling is available;
(5) for profit, to induce or attempt to induce any person to sell or rent any
dwelling by representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, color, religion, sex,
handicap, familial status, or national origin;
(6) to discriminate in the sale or rental, or to otherwise make unavailable
or deny, a dwelling to any buyer or renter because of a handicap of:
(a) that buyer or renter;
(b) a person residing in or intending to reside in that dwelling after it
is sold, rented, or made available; or
(c) any person associated with that buyer or renter;
(7) to discriminate against a person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities
in connection with the dwelling, because of a handicap of:
(a) that person;
(b) a person residing in or intending to reside in that dwelling after it
is sold, rented, or made available; or
(c) any person associated with that person.
Section 31-21-50. It is unlawful to deny any person access to, or membership
or participation in, any multiple-listing service, real estate brokers'
organization, or other service, organization, or facility relating to the
business of selling or renting dwellings or to discriminate against him in the
terms or conditions of the access, membership, or participation on account of
race, color, religion, sex, handicap, familial status, or national origin.
Section 31-21-60. (A) It is unlawful for any person or other entity whose
business includes engaging in residential real estate-related transactions to
discriminate against any person in making available such a transaction, or in the
terms or conditions of the transaction, because of race, color, religion, sex,
handicap, familial status, or national origin.
(B) As used in this section, 'residential real estate-related transaction'
means any of the following:
(1) the making or purchasing of loans or providing other financial
assistance:
(a) for purchasing, constructing, improving, repairing, or maintaining a
dwelling; or
(b) secured by residential real estate;
(2) the selling, brokering, or appraising of residential real property.
(C) Nothing in this chapter prohibits a person engaged in the business of
furnishing appraisals of real property to take into consideration factors other
than race, color, religion, national origin, sex, handicap, or familial status.
Section 31-21-70. (A) Nothing in Section 31-21-40 or 31-21-60 applies to
rooms or units in dwellings containing living quarters occupied or intended to
be occupied by no more than four families living independently of each other, if
the owner actually maintains and occupies one of the living quarters as his
residence.
(B) Nothing in Section 31-21-40 or 31-21-60 applies to any single-family house
sold or rented by an owner when:
(1) the private individual owner does not own more than three single-family
houses at any one time; and
(2) in the sale of any single-family house by a private individual owner not
residing in the house at the time of the sale or who was not the most recent
resident of the house before the sale, the exemption granted by this subsection
applies only with respect to one sale within a twenty-four month period; and
(3) a bona fide private individual owner does not own an interest in, nor
is there owned or reserved on his behalf, under any express or voluntary
agreement, title to or a right to all or a portion of the proceeds from the sale
or rental of more than three single-family houses at any one time.
After the effective date of this chapter, the sale or rental of a single-family
house is excepted from the application of this subsection only if the house is
sold or rented:
(a) without the use in any manner of the sales or rental facilities or the
sales or rental services of a real estate broker, agent, or salesman, or of the
facilities or services of a person in the business of selling or renting
dwellings, or of an employee or agent of a broker, agent, salesman, or person;
and
(b) without publication posting or mailing, after notice, of an
advertisement or written notice in violation of this chapter. Nothing in this
subsection prohibits the use of attorneys, escrow agents, abstractors, title
companies, and other professional assistance as necessary to perfect or transfer
this title.
(C) For the purposes of this section a person is considered to be in the
business of selling or renting dwellings if he:
(1) has, within the preceding twelve months, participated as principal in
three or more transactions involving the sale or rental of any dwelling or any
interest in it;
(2) has, within the preceding twelve months, participated as agent, other
than in the sale of his personal residence, in providing sales or rental
facilities or sales or rental services in two or more transactions involving the
sale or rental of any dwelling or any interest in it; or
(3) is the owner of any dwelling designed or intended for occupancy by, or
occupied by, five or more families.
(D) Nothing in this chapter prohibits a religious organization, association,
or society, or any nonprofit institution or organization operated, supervised,
or controlled by or in conjunction with a religious organization, association,
or society, from limiting the sale, rental, or occupancy of any dwelling which
it owns or operates for other than a commercial purpose to persons of the same
religion or from giving preference to those persons, unless membership in the
religion is restricted because of race, color, or national origin. Nothing in
this chapter prohibits a private club not in fact open to the public, which as
an incident to its primary purpose provides lodgings which it owns or operates
for other than a commercial purpose, from limiting the rental or occupancy of the
lodgings to its members or from giving preference to its members.
(E) It is not unlawful under Section 31-21-40(1) or (2) for any person to deny
or limit the rental of housing to persons who pose a real and present threat of
substantial harm to themselves, to others, or to the housing itself.
(F) Nothing in this chapter prohibits conduct against a person because the
person has been convicted by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as defined by law.
(G) For purposes of Section 31-21-40(6), discrimination includes:
(1) a refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or to be occupied by the
person if the modifications are necessary to afford that person full enjoyment
of the premises, except that in the case of a rental, the landlord, where it is
reasonable to do so, may condition permission for a modification on the renter
agreeing to restore the interior of the premises to the condition that existed
before the modification, reasonable wear and tear excepted;
(2) a refusal to make reasonable accommodations in rules, policies,
practices, or services when such accommodations may be necessary to afford the
person equal opportunity to use and enjoy a dwelling; or
(3) in connection with the design and construction of covered multi-family
dwellings for first occupancy after the date that is thirty months after the date
of enactment of the Fair Housing Amendments Act of 1988, a failure to design and
construct those dwellings in such a manner that:
(a) the public use and common use portions of such dwelling are readily
accessible to and usable by handicapped persons;
(b) all the doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by handicapped
persons in wheelchairs; and
(c) all premises within these dwellings contain the following features of
adaptive design:
(i) an accessible route into and through the dwelling;
(ii) light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations;
(iii) reinforcements in the bathroom walls to allow later installation
of grab bars; and
(iv) usable kitchens and bathrooms that an individual in a wheelchair
can maneuver about the space.
(H) Compliance with the appropriate requirements of the American National
Standard for Buildings and Facilities Providing Accessibility and Usability for
Physically Handicapped People (commonly cited as 'ANSI A117.1') suffices to
satisfy the requirements of Section 31-21-70(G)(3)(c).
(1)(a) If a unit of local government has incorporated into its laws the
requirements in (G)(3) of this section, compliance with these laws is considered
to satisfy the requirements of that section.
(b) A unit of local government may review and approve newly constructed
covered multi-family dwellings for the purpose of making determinations as to
whether the design and construction requirements of (G)(3) of this section are
met.
(c) The commission shall encourage, but may not require, units of local
government to include in their existing procedures for the review and approval
of newly constructed covered multi-family dwellings, determinations as to
whether the design and construction of these dwellings are consistent with (G)(3)
of this section, and shall provide technical assistance to units of local
government and other persons to implement the requirements of (G)(3) of this
section.
(d) Nothing in this chapter may be construed to require the commission to
review or approve the plans, designs, or construction of all covered multi-family
dwellings, to determine whether the design and construction of these dwellings
are consistent with the requirements of (G)(3) of this section.
(I) (1) Nothing in subsection (H) may be construed to affect the authority
and responsibility of the commissioner to receive and process complaints or
otherwise engage in enforcement activities under this chapter.
(2) Determinations by the unit of local government under subsection
(H)(1)(a) or (b) are not conclusive in enforcement proceedings under this
chapter.
(J) Nothing in this chapter may be construed to invalidate or limit any law
of a political subdivision of the State that requires dwellings to be designed
and constructed in a manner that affords handicapped persons greater access than
is required by this chapter.
(K) Nothing in this chapter requires that a dwelling be made available to an
individual whose occupancy would constitute a direct threat to the health or
safety of other individuals or whose occupancy would result in substantial
physical damage to the property of others.
(L) Nothing in this chapter limits the applicability of any reasonable local,
state, or federal restrictions regarding the maximum number of occupants
permitted to occupy a dwelling. Owners and managers of dwellings may develop and
implement reasonable occupancy and safety standards based on factors such as the
number and size of sleeping areas or bedrooms and the overall size of a dwelling
unit so long as the standards do not violate local, state, or federal
restrictions; no provision in this chapter regarding familial status applies to
housing for older persons. Nothing in this chapter prohibits the lease
application or similar document from requiring information concerning the number,
ages, sex, and familial relationship of the applicants and the dwelling's
intended occupants. The owner or manager may consider these factors in
determining payment of utilities. The application also may require disclosure
by the applicant of the conviction of any intended occupant for violating any
laws pertaining to the illegal manufacture or distribution of a controlled
substance as defined by law.
(M) The provisions of Section 31-21-40 with respect to discrimination based
on sex do not apply to the rental or leasing of dwellings in a single-sex
dormitory property.
Section 31-21-80. It is unlawful to coerce, intimidate, threaten, or interfere
with any person in the exercise of, or on account of his having aided or
encouraged any other person in the exercise of any right granted under this
chapter.
Section 31-21-90. (A) The commission shall administer the provisions of this
chapter.
(B) The commission may delegate any of its functions, duties, and powers to
its employees including functions, duties, and powers with respect to
investigating, conciliating, hearing, determining, ordering, certifying,
reporting, or otherwise acting as to any work, business, or matter under this
chapter.
Section 31-21-100. The commission has the power to:
( 1) promulgate regulations necessary for the enforcement of this chapter
which may not exceed the requirements of the 1988 Fair Housing Amendments Act
(PL100-430) and any subsequent amendments to it;
( 2) make studies with respect to the nature and extent of discriminatory
housing practices in representative urban, suburban, and rural communities
throughout the State;
( 3) publish and disseminate reports, recommendations, and information derived
from the studies;
( 4) cooperate with and render technical assistance to public or private
agencies, organizations, and institutions within the State which are formulating
or carrying on programs to prevent or eliminate discriminatory housing practices;
( 5) cooperate with the United States Department of Housing and Urban
Development to achieve the purposes of that department and with other federal,
state, and local agencies and departments;
( 6) accept reimbursement pursuant to Title 28, United States Code, Section
817 for services rendered to the United States Department of Housing and Urban
Development;
( 7) accept gifts or bequests, grants, or other donations, public or private;
( 8) institute proceedings in a court of competent jurisdiction, for cause
shown, to seek appropriate temporary or preliminary injunctive relief pending
final administrative disposition of a complaint;
( 9) contract with persons and organizations to perform services as it may
consider reasonably necessary to effectuate the purposes of this chapter and to
accept reimbursement for services rendered pursuant to the contract. However,
the commission may not delegate its decision-making authority to a
nongovernmental agency. This decision-making authority includes acceptance of
complaints, approval of conciliation agreements, dismissal of complaints, final
disposition of complaints, or other enforcement powers granted by this chapter;
(10) make contractual agreements within the scope and authority of this
chapter with any agency of the federal government, which agreements may include
provisions under which the Department of Housing and Urban Development shall
refrain from processing a charge in this State in any class specified in such
agreements;
(11) administer the programs and activities relating to housing in a manner
affirmatively to further the policies of this chapter.
Section 31-21-110. (A) In conducting an investigation, the commission shall
have access at all reasonable times to premises, records, documents, individuals,
and other evidence or possible sources of evidence and may examine, record, and
copy the materials and take and record the testimony or statements of persons as
are reasonably necessary for the furtherance of the investigation, provided the
commission first complies with the provisions of the State Constitution relating
to unreasonable searches and seizures. The commission may issue subpoenas to
compel its access to or the production of the materials or the appearance of the
persons and may issue interrogatories to a respondent, to the same extent and
subject to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in court. The
commission may administer oaths. Any examination, recording, copying of
materials, and the taking and recording of testimony or statements of persons as
reasonably are necessary for the furtherance of the investigation must be solely
related to the complaint for which the subpoena was issued.
(B) Upon written application to the commission, a respondent is entitled to
the issuance of a reasonable number of subpoenas by and in the name of the
commission to the same extent and subject to the same limitations as subpoenas
issued by the commission itself. A subpoena issued at the request of a
respondent shall show on its face the name and address of the respondent and
shall state that it was issued at his request.
(C) Within five days after service of a subpoena upon any person, the person
may petition the commission to revoke or modify the subpoena. The commission
shall grant the petition if it finds that the subpoena requires appearance or
attendance at an unreasonable time or place, that it requires production of
evidence which does not relate to any matter under investigation, that it does
not describe with sufficient particularity the evidence to be produced, or that
compliance would be unduly onerous or for other good reason.
(D) In case of refusal to obey a subpoena, the commission or the person at
whose request the subpoena was issued may petition for its enforcement in the
circuit court for the county in which the person to whom the subpoena was
addressed resides, was served, or transacts business.
(E) Witnesses summoned by a subpoena under this chapter are entitled to the
same witness and mileage fees as witnesses in proceedings in court. Fees payable
to a witness summoned by a subpoena issued at the request of a party must be paid
by that party or, where a party is unable to pay the fees, by the commission.
Section 31-21-120. (A) A person who claims to have been injured by a
discriminatory housing practice or who believes that he may be injured by a
discriminatory housing practice that is about to occur may file a complaint with
the commission. Complaints must be in writing and shall contain information and
be in a form required by the commission. Upon receipt of a complaint, the
commission shall serve notice upon the aggrieved person of the time limits and
choices of forums provided under this chapter and shall furnish a copy to the
person who allegedly committed the discriminatory housing practice or is about
to commit the alleged discriminatory housing practice and advise him of the
procedural rights and obligations under the law. Within thirty days after
receiving a complaint, or within thirty days after the expiration of any period
of reference under subsection (C), the commission shall investigate the complaint
and give notice in writing to the person aggrieved whether it intends to resolve
it. If the commission decides to resolve the complaint, it shall proceed to try
to eliminate or correct the alleged discriminatory housing practice by informal
methods of conference, conciliation, and persuasion. If practicable,
conciliation meetings must be held in the cities or other localities where the
discriminatory housing practices allegedly occurred. Nothing said or done in the
course of the informal endeavors may be made public or used as evidence in a
subsequent proceeding under this chapter without the written consent of the
persons concerned. An employee of the commission who makes public any
information in violation of this provision is guilty of a misdemeanor punishable
by a fine of not more than two hundred dollars or imprisoned for not more than
thirty days.
(B) A complaint under subsection (A) must be filed within one hundred eighty
days after the alleged discriminatory housing practice occurred. The complaint
must be in writing and shall state the facts upon which the allegations of a
discriminatory housing practice are based. A complaint may be reasonably and
fairly amended at any time. A respondent may file an answer to the complaint
against him, not later than ten days after receipt of notice, and may be amended
reasonably and fairly by the respondent at any time. Both complaint and answer
must be verified.
(C) Wherever a local fair housing law provides rights and remedies for alleged
discriminatory housing practices which substantially are equivalent to the rights
and remedies provided in this chapter, the commission shall notify the
appropriate local agency of any complaint filed under this chapter which appears
to constitute a violation of the local fair housing law, and the commission shall
take no further action with respect to the complaint if the local law enforcement
official, within thirty days from the date the alleged offense was brought to his
attention, has commenced proceedings in the matter. In no event may the
commission take further action unless it certifies that in its judgment, under
the circumstances of the particular case, the protection of the rights of the
parties or the interests of justice require the action.
(D) Any conciliation agreement arising out of conciliation efforts by the
commission must be an agreement between the respondent and the complainant and
is subject to the approval of the commission. Each conciliation agreement must
be made public unless the complainant and respondent otherwise agree and the
commission determines that disclosure is not required to further the purposes of
this chapter.
(E) The investigation must be completed in no more than one hundred days after
receipt of the complaint. If the commission is unable to complete the
investigation within one hundred days, it shall notify the complainant and
respondent in writing of the reasons for not doing so.
(F) The commission shall make final administrative disposition of a complaint
within one year of the date of receipt of a complaint unless it is impractical
to do so. If the commission is unable to do so, it shall notify the complainant
and respondent, in writing, of the reasons for not doing so.
(G) If, within thirty days after a complaint is filed with the commission or
within thirty days after expiration of any period of reference under subsection
(C), the commission has been unable to obtain voluntary compliance with this
chapter, the person aggrieved, within thirty days after that time, may commence
a civil action in any appropriate court against the respondent named in the
complaint to enforce the rights granted or protected by this chapter. If the
court finds that a discriminatory housing practice has occurred or is about to
occur, the court may enjoin the respondent from engaging in the practice or order
affirmative action as appropriate.
(H) In any proceeding brought pursuant to this section, the burden of proof
is on the complainant.
(I) Whenever an action filed by an individual in court pursuant to this
section or Section 31-21-140 comes to trial, the commission shall terminate all
efforts to obtain voluntary compliance.
Section 31-21-130. (A) If not sooner resolved, the investigator, upon
completion of his investigation, shall submit to the commissioner a statement of
the facts disclosed by his investigation and recommend either that the complaint
be dismissed or that a panel of commission members be designated to hear the
complaint. The commissioner, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or
for a hearing, which is not subject to judicial or other further review.
(B) If the order is for dismissal, the commissioner shall mail a copy of the
order to the complainant and the respondent at their last known addresses. The
complainant may bring an action against the respondent in circuit court within
ninety days of the date of the dismissal or within one year from the date of the
violation alleged, whichever occurs earlier, except that this period may be
extended by written consent of the respondent.
(C) (1) If the order is for a hearing, the commissioner shall attach to it
a notice and a copy of the complaint and require the respondent to answer the
complaint at a hearing at a time and place specified in the notice and shall
serve upon the respondent a copy of the order, the complaint, and the notice.
(2) Either party may elect to have the claims asserted in the complaint
decided in a civil action. The commissioner's notice must be sent to all parties
and inform them of their right to take civil action. An election must be made
within twenty days after receipt of the notice. A party making this election
shall notify the commissioner and all other parties.
(D) At any time before a hearing, a complaint may be amended by the
commissioner upon the request of the investigator or of the complainant or of the
respondent. Complaints may be amended during a hearing only upon a majority vote
of the panel of commission members for the hearing.
(E) Upon request by any party, the commissioner shall issue appropriate
subpoenas or subpoenas duces tecum to any witnesses or other custodians of
documents desired to be present at the hearing, or at prehearing depositions,
unless the commissioner determines that issuance of the subpoenas or subpoenas
duces tecum would be unreasonable or unduly burdensome.
(F) Upon notification by any party that any party or witness has failed to
permit access, failed to comply with a subpoena or subpoena duces tecum, refused
to have his deposition taken, refused to answer interrogatories, or otherwise
refused to allow discovery, the commission, upon notice to the party or witness,
shall apply to a court of competent jurisdiction for an order requiring discovery
and other good faith compliance unless the commission determines that the
discovery would be unreasonably or unduly burdensome.
(G) Upon request by the commissioner, the chairman of the commission shall
designate a panel of three members of the commission to sit as the commission to
hear the complaint.
(H) At any hearing held pursuant to this section, the case in support of the
complaint must be presented before the panel by one or more of the commission's
employees or agents or by legal representatives of the complaining party.
Endeavors at conciliation by the investigator may not be received into evidence
nor otherwise made known to the members of the panel.
(I) The respondent shall submit a written answer to the complaint and appear
at the hearing in person or by counsel and may submit evidence. The respondent
may amend his answer reasonably and fairly.
(J) The complainant must be permitted to be present and submit evidence.
(K) Proceedings under this section are subject to the provisions of Chapter
23 of Title 1 (Administrative Procedures Act) and, in the case of conflict
between the provisions of this chapter and Chapter 23 of Title 1, the provisions
of Chapter 23 of Title 1 shall govern. A recording of the proceedings must be
made, which may be transcribed subsequently upon request and payment of a
reasonable fee by the complainant or the respondent. The fee must be set by the
commission or upon motion of the panel, in which case copies of the transcription
must be made available to the complainant or the respondent upon request and
payment of a reasonable fee to be set by the commission.
(L) If, upon all the evidence at the hearing, the panel shall find that the
respondent has engaged in any unlawful discriminatory practice, it shall state
its findings of fact and serve upon the respondent in the name of the commission
an opinion and order for appropriate relief which may include that the unlawful
discriminatory practice be discontinued, actual damages, civil penalties which
may not be greater than civil penalties established by the federal Fair Housing
Act in Section 812, and reasonable attorney's fees. The commission may retain
jurisdiction of the case until it is satisfied of compliance by the respondent
of its order.
(M) If, upon all the evidence at the hearing, the panel finds that the
respondent has not engaged in any unlawful discriminatory practice, the panel
shall state its findings of fact and serve upon the complainant and the
respondent an opinion and order dismissing the complaint as to the respondent.
A prevailing respondent may apply to the commission for an award of reasonable
attorney's fees and costs.
(N) A copy of the opinion and order of the commission must be delivered in all
cases to the Attorney General and to such other public officers as the commission
considers proper. Copies of the opinion and order must be available to the
public for inspection upon request, and copies must be made available to any
person upon payment of a reasonable fee set by the commission.
(O) (1) If an application for review is made to the commission within
fourteen days from the date the order of the commission has been given, the
commission, for good cause shown, shall review the order and evidence, receive
further evidence, rehear the parties or their representatives and, if proper,
amend the order.
(2) The order of the commission, as provided in subsection (L), if not
reviewed in due time, or an order of the commission upon the review, as provided
for in item (1), is conclusive and binding as to all questions of fact unless
clearly erroneous in view of the reliable, probative, and substantive evidence
in the whole record. Either party to the dispute, within thirty days after
receipt of notice to be sent by registered mail of the order, but not after that
time, may appeal from the decision of the commission to the court of common pleas
of the county in which the hearing occurred, or in which the respondent resides
or has his principal office. In case of an appeal from the decision of the
commission, the appeal shall operate as a supersedeas for thirty days only,
unless otherwise ordered by the court, and after that the respondent is required
to comply with the order involved in the appeal or certification until the
questions at issue in it have been determined fully in accordance with the
provisions of this chapter.
(3) The commission may institute a proceeding for enforcement of its order
of subsection (L), or its amended order of item (1) after thirty days from the
day of the order, by filing a petition in the court of common pleas of the county
in which the hearing occurred, or where any person against whom the order is
entered resides or transacts business.
(4) If no appeal under item (2) is initiated, the commission may obtain a
decree of the court for enforcement of its order upon a showing that a copy of
the petition for enforcement was served upon the party subject to the dictates
of the commission's order.
Section 31-21-140. (A) A civil action must be commenced within one year after
the alleged discriminatory housing practice has occurred. However, the court
shall continue a civil case brought pursuant to this section or Section 31-21-120
from time to time before bringing it to trial if the court believes that the
conciliation efforts of the commission or local agency are likely to result in
satisfactory settlement of the discriminatory housing practice complained of in
the complaint made to the commission or to the local agency and which practice
forms the basis for the action in court. Any sale, encumbrance, or rental
consummated before the issuance of any court order issued under the authority of
this chapter and involving a bona fide purchaser, encumbrancer, or tenant without
actual notice of the existence of the filing of a complaint or civil action under
the provisions of this chapter are not affected.
(B) The court may grant as relief, as it considers appropriate, any permanent
or temporary injunction, temporary restraining order, or other order and may
award the plaintiff actual damages, and punitive damages, together with court
costs and reasonable attorney's fees in the case of a prevailing party, if the
prevailing party in the opinion of the court is not financially able to assume
the attorney's fees.
Section 31-21-150. Before accepting any complaint under this chapter, the
commission shall determine if the complainant has filed a similar complaint with
the Federal Home Loan Bank Board, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation of the Federal Reserve System, the United States
Department of Housing and Urban Development, or any other agency with authority
to investigate and resolve complaints alleging a violation of this chapter. If
a complaint has been filed or is filed, subsequently the commission shall
coordinate efforts to resolve the complaint with that agency in order to avoid
multiple investigations of the respondent."
Severability clause
SECTION 2. If any provision of this act or the application of it to any person
or circumstances is held invalid, the remainder of the act and the application
of the provision to other persons not similarly situated or to other
circumstances is not affected by the holding.
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |