Amending Section 2-128 (1) Article 9 Chapter 2 Human Rights Ordinance

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ORDINANCE NO. gn) -496 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 2-128 (1) OF ARTICLE 9 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "HUMAN RIGHTS ORDINANCE" STATEMENT OF PURPOSE The South Bend Human Rights Ordinance was comprehensively amended -in July 1992 and in August 1993 to incorporate changes resulting from the federal Fair Housing Act and the Americans with Disabilities Act. The federal Fair Housing Act provides that "an aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint. . . . " The South Bend Human Rights Ordinance in its present form allows a "charging party" one hundred eighty (180) days within which to file a charge of discrimination in housing. This Ordinance, as amended, will allow charging parties one year in which to file a charge of housing discrimination. As amended, the South Bend Human Ordinance will be consistent with the federal Fair Housing Act. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : Section I . Chapter 2, Article 9, Section 2-128 (1) is hereby amended and re-enacted to read as follows: Section 2-128 (1) , Short Title. (1) "Charge" shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect property the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one hundred eighty (180) days (1) year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety (90) days from the date of the alleged act, or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union. TT .. a . --- ---- ------ '-----'-