§ 14.08.160. Determination of reasonable cause—Conciliation.  


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  • A.

    If the Director determines that reasonable cause exists to believe that an unfair practice has occurred, is occurring or is about to occur, the Director shall endeavor to eliminate the unfair practice through efforts to reach conciliation. Conditions of conciliation 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, and reasonable attorney's fees and costs or such other remedies that will carry out the purposes of this chapter, including remedies which could be ordered by a court. The Director may also require payment of a civil penalty as set forth in SMC 14.08.185.

    B.

    Any post-finding conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. The Director shall enter an order setting forth the terms of the agreement which may include a requirement that the parties report to the Director on the matter of compliance. Copies of such order shall be delivered to all affected parties.

    C.

    If conciliation fails 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. Upon issuance of the finding, except a case in which a City department is a respondent, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the City Attorney for further proceedings and hearing under this chapter pursuant to Section 14.08.170.

(Ord. 121593 § 20, 2004; Ord. 117615 § 5, 1995: Ord. 116818 § 19, 1993: Ord. 112903 § 18, 1986; Ord. 109208 § 5, 1980: Ord. 104839 § 8, 1975.)