<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 14.03.04.10" title_num="14" subtitle_num="03" chapter_num="04" heading="Fair Housing Complaint.">
  <paragraph num="A.">
    <text>Who May File.</text>
    <paragraph num="(1)">
      <text>Any person who claims to have been aggrieved by an act or acts of unlawful housing discrimination prohibited by State Government Article, Title 20, Annotated Code of Maryland, may file a complaint with the Commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Commission-Initiated Complaints. In accordance with Article State Government Article, §20-1004(d), Annotated Code of Maryland, the Commission may initiate a complaint in its own name if the Commission:</text>
      <paragraph num="(a)">
        <text>Receives reliable information from an individual that a person has been engaged or is engaged in a discriminatory housing practice;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Authorizes a preliminary investigation; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>By action of not less than three Commissioners, determines that the information gathered during the preliminary investigation warrants the filing of a complaint.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Persons Against Whom Complaints May Be Filed. A complaint may be filed against:</text>
    <paragraph num="(1)">
      <text>A person alleged to be engaged or to have engaged in a discriminatory housing practice; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A 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, financing of dwellings, or the provisions of brokerage services relating to the sale or rental of dwellings if that other person, if acting within the scope of their authority as an employee or agent of the directing or controlling person, is engaged or has engaged in a discriminatory housing practice.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Manner of Filing.</text>
    <paragraph num="(1)">
      <text>Complaints shall be filed at the offices of the Commission in person, by registered, certified, or regular mail, facsimile or other electronic media, or by delivery to any duly appointed representative of the Commission.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Complaints Initiated by Telephone.</text>
      <paragraph num="(a)">
        <text>Complaints may be initiated by telephone to the Commission.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a complaint is initiated by telephone, the Commission shall:</text>
        <paragraph num="(i)">
          <text>Reduce information provided by telephone to writing on the prescribed complaint form; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Send the complaint form to the aggrieved person to be signed and affirmed as provided in §E of this regulation.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>A telephone-initiated complaint is considered filed only upon receipt of the form or a signed writing.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>When Filed.</text>
    <paragraph num="(1)">
      <text>Individual complaints shall be filed not later than 1 year after an alleged discriminatory housing practice has occurred or terminated, whichever is later.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Discriminatory Housing Practices of a Continuing Nature.</text>
      <paragraph num="(a)">
        <text>If the alleged discriminatory housing practice is of a continuing nature, the date of the occurrence of this discriminatory practice shall be considered to be the date up to and including that date on which the unlawful practice shall have ceased.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The complaint will be timely if filed within 1 year of the last alleged occurrence of that practice.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An individual complaint filed with a federal or local human relations commission not later than the 1-year period required in this regulation shall be considered as being a timely filing in compliance with that requirement.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Form and Content of Complaint.</text>
    <paragraph num="(1)">
      <text>Each complaint shall be in writing and shall be signed and affirmed by the aggrieved person filing the complaint.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The affirmation shall state “I declare under the penalty of perjury that the foregoing is true and correct”.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A complaint filed by the Commission shall be filed in accordance with COMAR 14.03.01.03.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An individual complaint may be filed on a form provided by the Commission.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Complaint forms will be made available to all persons at the office of the Commission in Baltimore, Maryland, or other offices within the State which may be established.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Appropriate assistance in filling out forms will be rendered to complainants or to individuals filing on behalf of a complainant, by the personnel of the Commission.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Complaints filed on forms provided by other local commissions, including federal civil rights agencies, shall be considered complaints filed with the Commission.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Notwithstanding the requirement for using a prescribed form, the Commission may accept a written statement which substantially sets forth the allegations of a discriminatory housing practice under State Government Article, Title 20, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Each complaint shall contain substantially the following information:</text>
      <paragraph num="(a)">
        <text>The name and address of the aggrieved person;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name and address of the respondent;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A description and the address of the dwelling which is involved, if appropriate; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A concise statement of facts including pertinent dates, constituting the alleged discriminatory housing practice.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Amendment of Complaint.</text>
    <paragraph num="(1)">
      <text>A complaint may be reasonably and fairly amended at any time.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The amendments may include but are not limited to:</text>
      <paragraph num="(a)">
        <text>Amendments to cure technical defects or omissions, including failure to sign or affirm the complaint;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Amendments to clarify and amplify any allegation made in the complaint;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Amendments to join additional or substitute respondents; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Amendments to allege additional acts which constitute discriminatory housing practices under State Government Article, Title 20, Annotated Code of Maryland, which relate back to or grow out of the subject matter of the original complaint.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>All amendments will relate back to the original filing date.</text>
    </paragraph>
  </paragraph>
</regulation>