S.C. Code Regs. § § 65-220

Current through Register Vol. 48, No. 11, November 22, 2024

Section 65-220 - Complaints

A. Submission of information.

The Commission will receive information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the Fair Housing Law and is furnished by an aggrieved person, it will be considered to be filed under 65-220(E). Where additional information is required for purposes of perfecting a complaint under the Fair Housing Law, the Commission will advise what additional information is needed and will provide appropriate assistance in the filing of the complaint.

B. Who may file complaints.

Any aggrieved person may file a complaint no later than 180 days 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. Persons against whom complaints may be filed.

(1) A complaint may be filed against any person alleged to be engaged, to have engaged, or to be about to engage, in a discriminatory housing practice.

(2) A complaint may also be filed against 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 dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his or her authority as an employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.

D. Where to file complaints.

(a) Aggrieved persons may file complaints in person with, or by mail to: South Carolina Human Affairs Commission, Post Office Drawer 4490, Columbia, South Carolina 29240.

(b) Aggrieved persons may provide information to be contained in a complaint by telephone to the South Carolina Human Affairs Commission. The South Carolina Human Affairs Commission will reduce information provided by telephone to writing on the prescribed complaint form and send the form to the aggrieved person to be signed and affirmed as provided in 65-220(E).

E. Form and content of complaint.

(1) Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint. 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 Commission may require complaints to be made on prescribed forms. Notwithstanding any requirement for use of a prescribed form, the South Carolina Human Affairs Commission will accept any written statement which substantially sets forth the allegations of a discriminatory housing practice under the Fair Housing Law, as a Fair Housing Law complaint.

(3) Each complaint must 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. Date of filing of complaint.

(1) A complaint is filed when it is received by the South Carolina Human Affairs Commission.

(2) The Commission may determine that a complaint is filed for the purpose of the 180 day period for the filing of complaints, upon the submission of written information (including information provided by telephone and reduced to writing by an employee of the South Carolina Human Affairs Commission) 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 filed within 180 days of the last alleged occurrence of that practice.

G. Amendment of complaint.

Complaints may be reasonably and fairly amended at any time. Such amendments may include, but are not limited to: amendments to cure technical defects or omissions, including failure to sign or affirm a complaint, to clarify or amplify the allegations in a complaint or to join additional or substitute respondents. Except for the purposes of notifying respondents, amended complaints will be considered as having been made as of the original filing date.

H. Service of notice on aggrieved person.

Upon the filing of a complaint, the Commission will notify, by certified mail or personal service, each aggrieved person on whose behalf the complaint was filed. The notice will:

(1) Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing.

(2) Include a copy of the complaint.

(3) Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person.

(4) Advise the aggrieved person of his or her right to commence a civil action in an appropriate court, not later than one year after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this one year period excludes any time during which a proceeding is pending under this Rule with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state that the time period includes the time during which an action arising from a breach of a conciliation agreement is pending.

I. Notification of respondent; jointure or additional or substitute respondents.

(1) Within ten days of the filing of a complaint or the filing of an amended complaint the Commission will serve a notice on each respondent by certified mail or by personal service. A person who is not named as a respondent in the complaint, but who is identified in the course of the investigation 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 section within ten days of the identification.

(2)

(a) The notice will identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint.

(b) The notice will state the date that the complaint was accepted for filing.

(c) The notice will advise the respondent of the time limits applicable to complaint processing and of the procedural rights and obligations of the respondent, including the opportunity to submit an answer to the complaint within ten days of the receipt of the notice.

(d) The notice will advise the respondent of the aggrieved person's right to commence a civil action in an appropriate Court, not later than one year after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this one year period excludes any time during which a proceeding is pending with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state that the time period includes the time during which an action arising from a breach of a conciliation agreement is pending.

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

(f) The notice will advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation is a discriminatory housing practice that is prohibited by the Fair Housing Law.

J. Answer to complaint.

(1) The respondent may file an answer not later than ten days after receipt of the notice described in 65-220(I). 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 the foregoing is true and correct."

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

S.C. Code Regs. § 65-220

Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.