Section 8-116. Determination of probable cause  


Latest version.
  • a. Except in connection with
      commission-initiated complaints which shall not require a  determination
      of  probable  cause, where the commission determines that probable cause
      exists to believe that the respondent has engaged or is engaging  in  an
      unlawful  discriminatory practice or an act of discriminatory harassment
      or violence as set forth in chapter six of this  title,  the  commission
      shall issue a written notice to complainant and respondent so stating. A
      determination  of  probable cause is not a final order of the commission
      and shall not be administratively or judicially reviewable.
        b.  If  there  is  a  determination  of  probable  cause  pursuant  to
      subdivision  a  of  this  section  in  relation  to a complaint alleging
      discrimination in housing accommodations, land or commercial space or an
      interest therein, or if a  commission-initiated  complaint  relating  to
      discrimination in housing accommodations, land or commercial space or an
      interest  therein  has been filed, and the property owner or the owner's
      duly authorized agent will not agree voluntarily to  withhold  from  the
      market  the  subject housing accommodations, land or commercial space or
      an interest therein for a period of ten  days  from  the  date  of  such
      request  the  commission may cause to be posted for a period of ten days
      from the date of such request, in a conspicuous place on the land or  on
      the  door  of  such housing accommodations or commercial space, a notice
      stating that such accommodations,  land  or  commercial  space  are  the
      subject  of  a  complaint  before  the  commission  and that prospective
      transferees will take such accommodations, land or commercial  space  at
      their  peril. Any destruction, defacement, alteration or removal of such
      notice by the owner or the  owner's  agents  or  employees  shall  be  a
      misdemeanor  punishable on conviction thereof by a fine of not more than
      one thousand dollars or by imprisonment for not more than  one  year  or
      both.
        c.  If  a  determination  is  made  pursuant  to subdivision a of this
      section  that  probable  cause  exists,  or  if  a  commission-initiated
      complaint has been filed, the commission shall refer the complaint to an
      administrative  law judge and shall serve a notice upon the complainant,
      respondent and any necessary  party  that  the  complaint  has  been  so
      referred.