Nebraska Statutes 20-332. Complaint; referral to local agency; procedure; certification of local agency
(1) Whenever a complaint alleges a discriminatory housing practice (a) within the jurisdiction of a local agency in an incorporated city or a county and (b) as to which the agency has been certified by the commission under this section, the commission shall refer the complaint to that agency before taking any action with respect to the complaint.
Terms Used In Nebraska Statutes 20-332
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Commission: shall mean the Equal Opportunity Commission. See Nebraska Statutes 20-305
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) After a referral is made, the commission shall take no further action with respect to such complaint without the consent of the agency unless:
(a) The agency has failed to commence proceedings with respect to the complaint before the end of the thirtieth day after the date of such referral;
(b) The agency, having so commenced proceedings, fails to carry forward the proceedings with reasonable promptness; or
(c) The commission determines that the agency no longer qualifies for certification under this section with respect to the relevant jurisdiction.
(3)(a) The commission may certify a local agency under this section only if the commission determines that the following are substantially equivalent to those created by and under the Nebraska Fair Housing Act:
(i) The substantive rights protected by the agency in the jurisdiction with respect to which certification is to be made;
(ii) The procedures followed by the agency;
(iii) The remedies available to the agency; and
(iv) The availability of judicial review of the agency’s action.
(b) Before making such certification, the commission shall take into account the current practices and past performance, if any, of the agency.