Ariz. Admin. Code § 10-2-115

Current through Register Vol. 30, No. 50, December 13, 2024

Section R10-2-115 - Complaints

A. A complaint that any person has engaged in or is engaging in an unlawful housing practice within the meaning of the Act may be filed by or on behalf of a person claiming to be aggrieved or by the Attorney General not later than one year after an alleged discriminatory housing practice has occurred or terminated.

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

C. 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, insuring, 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. Complainants may file complaints in person or by mail to: Attorney General, Civil Rights Section, 1275 West Washington, Phoenix, Arizona 85007, or Attorney General, Tucson Office, Civil Rights Section, 402 Congress West, Tucson, Arizona 85701, or such alternate or additional offices as the Attorney General may from time to time establish.

E. Complainants may provide information necessary to state a violation of the Act by telephone to the Civil Rights Section. The Civil Rights Section shall reduce the information provided by telephone to writing on the prescribed complaint form and shall send the form to the complainant to be signed and affirmed. Such a complaint shall be deemed to have been filed on the date that the information has been telephonically taken, provided that the complainant subsequently signs and affirms the complaint.

F. Each complaint shall be in writing and shall be signed and affirmed by the person filing the complaint. The signature and affirmation may be made at any time during the investigation. The affirmation shall state:

"I believe under penalty of perjury that the foregoing is true and correct."

G. Complaint forms shall be available in the Civil Rights Section of the Attorney General's Office. The Attorney General shall accept as timely pursuant to A.R.S. § 41-1491.22(C) any written statement which substantially sets forth in accordance with subsection (H) the allegations of a discriminatory housing practice under the Act, if the Complainant signs and affirms the complaint on the required form at any time during the investigation. The Attorney General shall provide assistance in filling out forms and in filing a complaint.

H. Each complaint shall contain the following information:

1. The name and address of an aggrieved person;

2. The name and address of a respondent;

3. A description and the address of the dwelling which is involved, if appropriate; and

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

I. Except as provided in subsection (E), a complaint is filed when it is received by the Civil Rights Section of the Attorney General's Office.

J. A complaint is timely filed if, within the one-year period for the filing of complaints, written information identifying the parties and describing generally the alleged discriminatory housing practice is filed as provided in subsection (E), (G), or (H).

K. Where a complaint alleges a discriminatory housing practice that is continuing, as manifested by a number of incidents of such conduct, the complaint shall be timely if filed within one year of the last alleged occurrence of that practice.

Ariz. Admin. Code § R10-2-115

Adopted effective December 2, 1994 (Supp. 94-4).