40 Tex. Admin. Code § 819.155 - Conciliation
(a) During the
period beginning with the filing of the complaint and ending with the filing of
a charge or the dismissal of the complaint by the CRD director, CRD shall
attempt to conciliate the complaint.
(b) In conciliating a complaint, CRD shall
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 complainant, and take such action that will assure the elimination of
discriminatory housing practices, or the prevention of their occurrence, in the
future.
(c) The terms of a
settlement of a complaint shall be reduced to a written conciliation agreement.
The conciliation agreement shall protect the interests of the complainant,
other people similarly situated, and the public interest.
(d) The agreement is subject to the approval
of the CRD director, who shall indicate approval by signing the agreement. The
CRD director shall approve an agreement and execute the agreement, only if:
(1) the complainant and the respondent agree
to the relief; and
(2) the
provisions of the agreement shall adequately protect the public
interest.
(e) CRD may
issue a charge under the Texas Fair Housing Act and this chapter if the
complainant and the respondent have executed an agreement that has not been
approved by the CRD director.
(f)
CRD may terminate its efforts to conciliate the complaint if:
(1) the complainant or the respondent fails
or refuses to confer with CRD;
(2)
the complainant or the respondent fails to make a good faith effort to resolve
any dispute; or
(3) the CRD
director finds, for any reason, that voluntary agreement is not likely to
result.
(g) When the
complainant has commenced a civil action under federal or state law seeking
relief for the alleged discriminatory housing practice, the CRD director shall
terminate conciliation.
(h) The CRD
director may review compliance with the terms of any conciliation agreement. If
the CRD director has reasonable cause to believe that a complainant or a
respondent has breached a conciliation agreement, the CRD director may refer
the matter to the Office of the Attorney General with a recommendation for the
filing of a civil action under the Texas Fair Housing Act, Subchapter G, for
the enforcement of the terms of the conciliation agreement.
Notes
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