Ariz. Admin. Code § 10-2-123

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

Section R10-2-123 - Conciliation

A. During the period beginning with the filing of the administrative complaint and ending with the issuance of a complaint in superior court or the dismissal of the administrative complaint by the Attorney General, the Attorney General shall attempt to conciliate the administrative complaint.

B. In conciliating an administrative complaint, the Attorney General shall attempt to achieve a just resolution and obtain assurances that the respondent will remedy any violations of the rights of the aggrieved person and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their recurrence.

C. Where the rights of the aggrieved person and the respondent can be protected, the Attorney General may suspend fact finding and engage in efforts to resolve the complaint by conciliation.

D. The terms of a settlement of an administrative complaint shall be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in subsection (F). The provisions that may be sought for the vindication of the public interest are described in subsection (H).

E. The Attorney General may issue a determination under R10-2-124 if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the Attorney General or its agent.

F. The following types of relief may be sought (without limitation) for aggrieved persons in conciliation:

1. Monetary relief in the form of damages, including compensatory damages for out-of-pocket losses, emotional distress, humiliation, embarrassment, inconvenience, and lost housing opportunity, and punitive damages and attorney fees and costs;

2. Equitable relief, including access to the dwelling at issue or to a comparable dwelling, provision of services or facilities in connection with a dwelling, reasonable accommodation of handicap, or other specific relief; and

3. Affirmative relief, including fair housing training, and posting of approved fair housing notices or rules, and injunctive relief appropriate to the elimination of discriminatory housing practices.

G. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in subsection (F). The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

H. The following types of provisions will vindicate the public interest:

1. Elimination of discriminatory housing practices;

2. Prevention of future discriminatory housing practices;

3. Remedial affirmative activities designed to overcome discriminatory housing practices;

4. Reporting requirements;

5. Monitoring and enforcement activities; and

6. Fair housing training.

I. If the complainant cannot be located, withdraws his complaint, or the Attorney General determines that there is not reasonable cause to believe that discrimination has occurred or is expected to occur with respect to the complainant, the Attorney General may enter into a conciliation agreement with one or more of the respondents to vindicate the public interest.

J. The Attorney General shall terminate its efforts to conciliate the administrative complaint if the respondent or aggrieved person fails or refuses to confer with the Attorney General; the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or the Attorney General finds, for any reason, that voluntary agreement is not likely to result.

K. Where the aggrieved person has commenced a civil action under an Act of Congress or a state law seeking relief from the alleged discriminatory housing practice, and the trial in the action has commenced, the Attorney General shall terminate conciliation efforts unless the court specifically directs the Attorney General to continue.

L. The Attorney General shall, from time to time, review compliance with the terms of any conciliation agreement.

Ariz. Admin. Code § R10-2-123

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