Nebraska Statutes 20-326. Discriminatory housing practice; complaint; procedure; investigation
(1)(a)(i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging such discriminatory housing practice. The commission, on its own initiative, may also file such a complaint.
Terms Used In Nebraska Statutes 20-326
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Aggrieved person: shall include any person who:
(1) Claims to have been injured by a discriminatory housing practice. See Nebraska Statutes 20-304
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: shall mean the Equal Opportunity Commission. See Nebraska Statutes 20-305
- Complainant: shall mean the person, including the commission, who files a complaint under section Nebraska Statutes 20-306
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discriminatory housing practice: shall mean an act that is unlawful under section Nebraska Statutes 20-309
- Person: shall include one or more individuals, corporations, partnerships, limited liability companies, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Nebraska Statutes 20-314
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(ii) The complaint shall be in writing and shall contain such information and be in such form as the commission requires.
(iii) The commission may also investigate housing practices to determine whether a complaint should be brought under this section.
(b) Upon the filing of a complaint:
(i) The commission shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under the Nebraska Fair Housing Act;
(ii) The commission shall, not later than ten days after such filing or the identification of an additional respondent under subsection (2) of this section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under the act, together with a copy of the original complaint;
(iii) Each respondent may file, not later than ten days after receipt of notice from the commission, an answer to the complaint; and
(iv) Unless it is impracticable to do so, the commission shall investigate the alleged discriminatory housing practice and complete such investigation within one hundred days after the filing of the complaint or, when the commission takes further action under section 20-332 with respect to a complaint, within one hundred days after the commencement of such further action.
(c) If the commission is unable to complete the investigation within one hundred days after the filing of the complaint or after the commencement of such further action, the commission shall notify the complainant and respondent in writing of the reasons for not doing so.
(d) Complaints and answers shall be under oath and may be reasonably and fairly amended at any time.
(2)(a) A person who is not named as a respondent in a complaint but who is identified as a respondent in the course of investigation may be joined as an additional or substitute respondent upon written notice under subdivision (1)(b)(ii) of this section to such person from the commission.
(b) The notice shall explain the basis for the commission’s belief that the person to whom the notice is addressed is properly joined as a respondent.