S.C. Code Regs. § § 65-221

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

Section 65-221 - Referral of Complaints to State and Local Agencies

A. Notification and referral to substantially equivalent local agencies.

(1) Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent local agency and the agency is certified or may accept referrals with regard to the alleged discriminatory housing practice, the Commission will notify the agency of the filing of the complaint and refer the complaint to the agency for further processing before the South Carolina Human Affairs Commission takes any action with respect to the complaint. The Commission will notify the local agency of the referral by certified mail.

(2) The Commission will notify the aggrieved person and the respondent, by certified mail or personal service, of the referral under paragraph (1) of this section. The notice will advise the aggrieved person of the right to commence a civil action under the Fair Housing Law 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 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 under the Fair Housing Law is pending.

B. Cessation of action on referred complaints.

After a complaint is referred the Commission will take no further action with respect to the complaint except as provided in the Act.

C. Notification upon reactivation.

(1) Whenever a complaint referred to a local fair housing agency is reactivated, the Commission will notify the local agency, the aggrieved person and the respondent of the Commission's reactivation. The notification will be made by certified mail or personal service.

(2) The notification to the respondent and the aggrieved person will:

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

(b) State that the Human Affairs Commission will process the complaint under the Fair Housing Law.

(c) Advise the aggrieved person and the respondent of the aggrieved person's right to commence a civil action under the Fair Housing Law, in an appropriate court, no 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 notices will also state that the time period includes the time during which an action arising from a breach of conciliation agreement under the Fair Housing Law is pending.

S.C. Code Regs. § 65-221

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