(1) Filing of Complaint. Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the city council. The complaint shall be in writing and be in such form as the council requires. Upon the receipt of such complaint, the council shall furnish a copy of the same to the person or persons who allegedly committed the alleged discriminatory housing practice.

(2) Investigation – Informal Resolution. After receiving the complaint, or after receiving reference of a complaint pursuant to Section 810(c) of the Federal Fair Housing Act of 1968, the council shall investigate the complaint and determine whether probable cause exists to credit the allegations of the complaint. If the council determines that probable cause does exist, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this act without the written consent of all persons concerned. Any councilmember or designated person or representative or employee of the city who shall make public any information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment, in the discretion of the court.

(3) Time of Filing Complaint. A complaint shall be filed within 180 days after the alleged discriminatory housing practice occurred or the same shall be waived. The complaint shall state the facts upon which the allegations of the discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. Both complaints and answers shall be verified under oath.

(4) Burden of Proof. In any proceeding brought pursuant to this chapter, the burden of proof shall be on the complainant.

(5) Investigative Powers. In conducting an investigation, the council shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation; provided, that such evidence shall not be made public. The council may issue subpoenas to compel access to or the production of such materials or for the appearance of such persons, subject, however, to the limitations contained in IGCC 8.25.070(6), and may issued interrogatories to the parties, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the district court. The council may also administer oaths.

(6) Subpoenas Issued. Upon written application to the council, a complainant or respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the council to the same extent and subject to the same limitations as subpoenas issued by the council itself, and subject to the further limitations contained in IGCC 8.25.070(6). Subpoenas issued at the request of a complainant or respondent shall show on their face the name and address of such party and shall state that they were issued at his request.

(7) Evidence Withheld or Destroyed. Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena issued in accordance with the provisions of this chapter or lawful order of the council, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500.00 or imprisoned in the county jail for not more than six months, or both. Any person who with the intent to thereby mislead the council, shall make or cause to be made any false entry or statement of fact in any complaint, report, account, record, or other documents submitted to the council pursuant to a subpoena issued in accordance with the provisions of this chapter or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records, or other documents, or shall willfully mutilate, alter, or by other means, falsify any documentary evidence, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 or imprisoned in the county jail for not more than six months, or both. [Code 1975 § 7-5.09.]