910 Ind. Admin. Code 2-6-2

Current through December 4, 2024

Section 910 IAC 2-6-2 - Complaints

Authority: IC 22-9.5-4-2

Affected: IC 4-21.5-1; IC 22-9.5-5; IC 22-9.5-7

Sec. 2.

(a) The ICRC shall receive information concerning an alleged discriminatory housing practice from any person. Where the information constitutes a complaint within the meaning of IC 22-9.5 and this section and is furnished by an aggrieved person, it shall be considered to be filed under IC 22-9.5. Where additional information is required for purposes of perfecting a complaint under subsection (f), the ICRC will advise what additional information is needed and will provide appropriate assistance in filing the complaint. The information may also be made available to any other federal or local agency having an interest in the matter. In making available such information, steps will be taken to protect the confidentiality of any informant or complainant where desired by the informant or complainant and where permitted by state law.

(b) Any aggrieved person or the ICRC may file a complaint no later than one (1) year after an alleged discriminatory housing practice has occurred or terminated. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.

(c) A complaint may be filed against the following:

(1) Any person alleged to be engaged, to have engaged, or to be about to engage in a discriminatory housing practice.

(2) 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 a dwelling or the provision of brokerage services relating to the sale or rental of a dwelling 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.

(d) A complaint may be filed as follows:

(1) An aggrieved person may file a complaint in person or by mail to the Indiana Civil Rights Commission, Indiana Government Center-North, 100 North Senate Avenue, Room 103, Indianapolis, Indiana 46204.

(2) An aggrieved person may provide information to be contained in a complaint by telephone to the ICRC. The ICRC will reduce information provided by telephone to writing on the prescribed complaint form and send the completed complaint form to the aggrieved person to be signed and affirmed as provided in subsection (e)(1).

(3) A complaint may be filed in person or by mail with any substantially equivalent local agency. A complaint filed with a substantially equivalent local agency will be considered to be a complaint filed under IC 22-9.5 if referred for processing to the ICRC.

(e) The form and content of a complaint shall be as follows:

(1) Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint or, if the complaint is filed by the ICRC, by the director. The signature and affirmation may be made at any time during the investigation. The affirmation shall state, "I declare under penalty of perjury that the foregoing is true and correct.".

(2) The ICRC may require complaints to be made on a prescribed complaint form. A complaint form will be available in the office of the ICRC or in any substantially equivalent local agency. Notwithstanding any requirement for use of a prescribed complaint form, the ICRC will accept any written statement which substantially sets forth the allegations of a discriminatory housing practice under IC 22-9.5, including any statement filed with a substantially equivalent local agency. Personnel in any substantially equivalent local agency office will provide appropriate assistance in filling out forms and in filing a complaint.

(3) Each complaint shall contain substantially the following information:

(A) The name and address of the aggrieved person.

(B) The name and address of the respondent.

(C) A description and the address of the dwelling which is involved, if appropriate.

(D) A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.

(f) Requirements for the date of filing a complaint shall be as follows:

(1) Except as provided in subdivision (2), a complaint is filed when it is received by the ICRC, or dual filed with the ICRC through the United States Department of Housing and Urban Development or a substantially equivalent local agency, in a form that reasonably meets subsection (e).

(2) The ICRC may determine that a complaint is filed for purposes of the one (1) year period for filing a complaint, upon the submission of written information (including information provided by telephone and reduced to writing by an employee of the ICRC) identifying the parties and describing generally the alleged discriminatory housing practice.

(3) Where a complaint alleges a discriminatory housing practice that is continuing, as manifested in a number of incidents of such conduct, the complaint will be timely if filed within one (1) year of the last alleged occurrence of that practice.

(g) A complaint may be reasonably and fairly amended at any time. Such an amendment may include, but is not limited to, an amendment to cure a technical defect or omission, including failure to:

(1) sign or affirm a complaint;

(2) clarify or amplify the allegations in a complaint; and

(3) join additional or substitute respondents.

Except for purposes of notifying a respondent under subsection (a), an amended complaint shall be considered to be made as of the original filing date.

(h) Upon filing a complaint, the ICRC shall notify, by certified mail or personal service, each aggrieved person on whose behalf the complaint was filed. The notice shall contain the following:

(1) Acknowledgement of the complaint being filed and the date that the complaint was accepted for filing.

(2) A copy of the complaint.

(3) Advice to the aggrieved person of the time limits applicable to processing a complaint and of the procedural rights and obligations of the aggrieved person under this rule and 910 IAC 2-7.

(4) Advice to the aggrieved person of his or her right to commence a civil action under IC 22-9.5-7 in an appropriate state court, not later than one (1) year after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this one (1) year period excludes any time during which a proceeding is pending under this rule or 910 IAC 2-7 with respect to a complaint or charge based on the alleged discriminatory housing practice.

(5) Advice to the aggrieved person that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under this rule or an administrative proceeding under 910 IAC 2-7 is a discriminatory housing practice that is prohibited under IC 22-9.5-5.

(i) Within ten (10) days of filing a complaint under subsection (f) or filing an amended complaint under subsection (g), the ICRC will serve a notice on each respondent by certified mail or by personal service. A person who is not named as a respondent in a complaint, but who is identified in the course of the investigation under section 4 of this rule as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person under this subsection within ten (10) days of the identification. The notice shall include the following:

(1) Identification of the alleged discriminatory housing practice upon which the complaint is based, including a copy of the complaint.

(2) The date the complaint was accepted for filing.

(3) Advice to the respondent of time limits applicable to complaint processing under this subsection and procedural rights and obligations of the respondent under this rule and 910 IAC 2-7, including the opportunity to submit an answer to the complaint within ten (10) days of receipt of notice as governed by IC 4-21.5-1.

(4) Advice to the respondent of the aggrieved person's right to commence a civil action under IC 22-9.5-7 in an appropriate state court not later than one (1) year after the occurrence or termination of the alleged discriminatory housing practice. The notice shall state that the computation of this one (1) year period excludes any time during which a proceeding is pending under this rule or 910 IAC 2-7 with respect to a complaint or charge based on the alleged discriminatory housing practice.

(5) If the person is not named in the complaint but is being joined as an additional or substitute respondent, the notice shall explain the basis for the ICRC's belief that the joined person is properly joined as a respondent.

(6) Advice to the respondent that retaliation against any person because he or she made a complaint, testified, or assisted or participated in an investigation or conciliation under this rule or 910 IAC 2-7 is a discriminatory housing practice that is prohibited under IC 22-9.5.

(j) The following are requirements concerning an answer to a complaint:

(1) The respondent may file an answer no later than ten (10) days after receipt of the notice described in section 7 of this rule. The respondent may assert any defense that might be available to a defendant in a court of law. The answer must be signed and affirmed by the respondent. The affirmation must state, "I declare under penalty of perjury that the foregoing is true and correct.".

(2) An answer may be amended at any time.

910 IAC 2-6-2

Civil Rights Commission; 910 IAC 2-6-2; filed Aug 20, 1993, 5:00 p.m.: 17 IR 24; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA

Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA