S.C. Code Regs. § § 65-225

Current through Register Vol. 48, No. 10, October 25, 2024

Section 65-225 - Conciliation Procedures

A. Conciliation.

(1) During the period beginning with the initial filing of a complaint and ending with the filing of complaint for hearing or dismissal, the Commission will, to the extent feasible, attempt to conciliate the complaint.

(2) In conciliating a complaint, the Commission will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily 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 occurrence in the future.

(3) Where the rights of the aggrieved party and the respondent can be protected and the prohibitions with respect to the disclosure of information can be observed, the investigator may suspend fact finding and engage in efforts to resolve the complaint by conciliation.

B. Conciliation agreement.

(1) The terms of a settlement of a complaint will 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 65-225.C. The provisions that may be sought for the vindication of the public interest are described in 65-225.D.

(2) The agreement must be executed by the respondent and complainant. The agreement is subject to the approval of the Commissioner who will indicate approval by signing the agreement. The Commissioner will approve an agreement and will execute the agreement only if:

(a) The complainant and the respondent agree to the relief accorded the aggrieved person;

(b) The provisions of the agreement will adequately vindicate the public interest.

C. Relief sought for aggrieved persons.

(1) The following types of relief may be sought for aggrieved persons in conciliation:

(a) Monetary relief in the form of damages, including damages caused by humiliation or embarrassment, and attorney fees;

(b) Other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief; or

(c) Injunctive relief appropriate to the elimination of discriminatory housing practices affecting the aggrieved person or other persons.

(2) The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in paragraph (1) of this section. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

D. Provisions sought for the public interest.

The following are types of provisions that may be sought for the vindication of the public interest:

(1) Elimination of discriminatory housing practices.

(2) Prevention of future discriminatory housing practices.

(3) Remedial affirmative activities to overcome discriminatory housing practices.

(4) Reporting requirements.

(5) Monitoring and enforcement activities.

E. Termination of conciliation efforts.

(1) The Commission may terminate its efforts to conciliate the complaint if the respondent fails or refuses to confer with the Commission; the aggrieved person or the respondent fail to make a good faith effort to resolve any dispute; or the Commission finds, for any reason, that voluntary agreement is not likely to result.

(2) Where the aggrieved person has commenced a civil action under an Act of Congress or state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Commission.

F. Prohibitions and requirements with respect to disclosure of information obtained during conciliation.

(1) Except as provided in paragraph (2) of this section and 65-223.E, nothing that is said or done in the course of conciliation under this Rule may be made public or used as evidence in a subsequent administrative hearing under Article 3 or in civil actions under the Fair Housing Law without the written consent of the persons concerned.

(2) Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Commissioner determines that disclosure is not required to further the purposes of the Fair Housing Law. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Commissioner may publish tabulated descriptions of the results of all conciliation efforts.

G. Review of compliance with conciliation agreements.

The Commission may, from time to time, review compliance with the terms of any conciliation agreement. Whenever the Commission has reasonable cause to believe that a respondent has breached a conciliation agreement, the Commission may refer the matter to the Attorney General with a recommendation for the filing of a civil action for the enforcement of the terms of the conciliation agreement.

S.C. Code Regs. § 65-225

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