Md. Code Regs. 14.03.04.10

Current through Register Vol. 51, No. 17, August 23, 2024

Section 14.03.04.10 - Fair Housing Complaint

A. Who May File.

(1) Any person who claims to have been aggrieved by an act or acts of unlawful housing discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission.

(2) 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.

(3) Commission-Initiated Complaints. In accordance with Article State Government Article, § 20-1004(d), Annotated Code of Maryland, the Commission may initiate a complaint in its own name if the Commission:

(a) Receives reliable information from an individual that a person has been engaged or is engaged in a discriminatory housing practice;

(b) Authorizes a preliminary investigation; and

(c) By action of not less than three Commissioners, determines that the information gathered during the preliminary investigation warrants the filing of a complaint.

B. Persons Against Whom Complaints May Be Filed. A complaint may be filed against:

(1) A person alleged to be engaged or to have engaged in a discriminatory housing practice; or

(2) A 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, financing of dwellings, or the provisions of brokerage services relating to the sale or rental of dwellings if that other person, if acting within the scope of their authority as an employee or agent of the directing or controlling person, is engaged or has engaged in a discriminatory housing practice.

C. Manner of Filing.

(1) Complaints shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission.

(2) Complaints Initiated by Telephone.

(a) Complaints may be initiated by telephone to the Commission.

(b) If a complaint is initiated by telephone, the Commission shall:

(i) Reduce information provided by telephone to writing on the prescribed complaint form; and

(ii) Send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation.

(c) A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing.

D. When Filed.

(1) Individual complaints shall be filed not later than 1 year after an alleged discriminatory housing practice has occurred or terminated, whichever is later.

(2) Discriminatory Housing Practices of a Continuing Nature.

(a) If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence of this discriminatory practice shall be considered to be the date up to and including that date on which the unlawful practice shall have ceased.

(b) The complaint will be timely if filed within 1 year of the last alleged occurrence of that practice.

(3) An individual complaint filed with a federal or local human relations commission not later than the 1-year period required in this regulation shall be considered as being a timely filing in compliance with that requirement.

E. Form and Content of Complaint.

(1) Each complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint.

(2) The affirmation shall state "I declare under the penalty of perjury that the foregoing is true and correct".

(3) A complaint filed by the Commission shall be filed in accordance with COMAR 14.03.01.03I.

(4) An individual complaint may be filed on a form provided by the Commission.

(5) Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland, or other offices within the State which may be established.

(6) Appropriate assistance in filling out forms will be rendered to complainants or to individuals filing on behalf of a complainant, by the personnel of the Commission.

(7) Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission.

(8) Notwithstanding the requirement for using a prescribed form, the Commission may accept a written statement which substantially sets forth the allegations of a discriminatory housing practice under State Government Article, Title 20, Annotated Code of Maryland.

(9) 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; and

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

F. Amendment of Complaint.

(1) A complaint may be reasonably and fairly amended at any time.

(2) The amendments may include but are not limited to:

(a) Amendments to cure technical defects or omissions, including failure to sign or affirm the complaint;

(b) Amendments to clarify and amplify any allegation made in the complaint;

(c) Amendments to join additional or substitute respondents; or

(d) Amendments to allege additional acts which constitute discriminatory housing practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint.

(3) All amendments will relate back to the original filing date.

Md. Code Regs. 14.03.04.10