Filing and withdrawal of complaints; mediation.
Effective Mar 21, 2025Dec. 13, 1977, D.C. Law 2-38, title III, § 304, 24 DCR 6038; Oct. 23, 1997, D.C. Law 12-39, § 2(a), 44 DCR 4856; Apr. 20, 1999, D.C. Law 12-242,§ 2(h), 46 DCR 952; Mar. 21, 2025, D.C. Law 25-300, § 2(c)
- (a) Any person or organization, whether or not an aggrieved party, may file with the Office a complaint of a violation of the provisions of this chapter, including a complaint of general discrimination, unrelated to a specific person or instance. The complaint shall state the name and address of the person alleged to have committed the violation, hereinafter called the respondent, and shall set forth the substance thereof, and such other information as may be required by the Office. The Director, sua sponte, may investigate individual instances and patterns of conduct prohibited by the provisions of this chapter and may initiate complaints in connection therewith. Any complaint under this chapter shall be filed with the Office within 1 year of the occurrence of the unlawful discriminatory practice, or the discovery thereof, except as may be modified in accordance with § 2-1403.03.
(b)
- (1) Complaints filed with the Office under the provisions of this unit may be voluntarily withdrawn at the request of the complainant by filing a written notice of withdrawal with the Office. A person who withdraws a complaint may only maintain a private cause of action consistent with the provisions of § 2-1403.16.
- (2) The Office may fully investigate the circumstances accompanying a complainant's notice of withdrawal.
- (c) A mediation program shall be established and all complaints shall be mediated before the Office commences a full investigation. During the mediation the parties shall discuss the issues of the complaint in an effort to reach an agreement that satisfies the interests of all concerned parties. The Office shall grant the parties up to 45 days within which to mediate a complaint. If an agreement is reached during the mediation process, the terms of the agreement shall control resolution of the complaint. If an agreement is not reached, the Office shall proceed with an investigation of the complaint.
- (d) Complaints filed with the Office alleging unlawful discrimination in residential real estate transactions or violations of FHA, shall be served on the complainant and respondent within 5 days of filing, with a notice identifying the alleged discriminatory practice and advising the parties of their procedural rights and obligations under this chapter and FHA. The Office shall refer the complaint for mediation, but shall begin investigating the complaint within 30 days of its filing if the parties fail to reach an agreement.
History
Dec. 13, 1977, D.C. Law 2-38, title III, § 304, 24 DCR 6038
Oct. 23, 1997, D.C. Law 12-39, § 2(a), 44 DCR 4856
Apr. 20, 1999, D.C. Law 12-242,§ 2(h), 46 DCR 952
Mar. 21, 2025, D.C. Law 25-300, § 2(c)
Prior Codifications
1973 Ed., § 6-2284.
1981 Ed., § 1-2544.
Applicability
Applicability of D.C. Law 25-300: § 3 of D.C. Law 25-300 provided that the amendment to this section by § 2(c) of D.C. Law 25-300 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7192 of D.C. Act 26-146 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(c) of D.C. Law 25-300 has been implemented.
Section 7192 of D.C. Act 26-210 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(c) of D.C. Law 25-300 has been implemented.
Section 7192 of D.C. Law 26-55 repealed Section 3 of D.C. Law 25-300, thus removing the applicability limitation. Therefore the amendment made to this section by §2(c) of D.C. Law 25-300 has been implemented.