Or. Admin. Code § 839-003-0200
Current through Register Vol. 63, No. 11, November 1, 2024
Section 839-003-0200 - Filing a Complaint Under State and Federal Housing Discrimination Laws(1) An aggrieved person alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a) includes a person alleging they have been injured by an unlawful practice or discriminatory housing practice or will be injured by an unlawful practice or discriminatory housing practice that is about to occur. (2) An aggrieved person alleging unlawful practices under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a), or the person's attorney, or the commissioner may file a complaint, in person or by mail, with the division at any bureau office in the state of Oregon. Complaint means a written statement signed by the aggrieved person that: (a) Gives the name and address of the aggrieved person and the respondent; (b) Describes the acts or omissions alleged to be an unlawful practice, including those acts or omissions the aggrieved person believes are about to occur and; (c) Describes how the aggrieved person was harmed or will be harmed by such actions. (3) The filing date is the date the division receives a complaint that meets the standards contained in OAR 839-003-0200(2). (4) An aggrieved person must file a complaint with the division no later than one year after the alleged unlawful practice. If the alleged unlawful practice is of a continuing nature, the right to file a complaint exists so long as the aggrieved person files the complaint within one year of the most recent date the alleged unlawful practice occurred. (5) The procedures for filing a complaint are as follows: (a) An aggrieved person or the aggrieved person's attorney makes an inquiry to the division; (b) The division may provide the aggrieved person or the aggrieved person's attorney with a letter of information and/or questionnaire; (c) If the division determines the aggrieved person has a basis for filing a complaint, the division will draft a complaint based upon the information provided by the aggrieved person and send or give the complaint to the aggrieved person or the aggrieved person's attorney for verification. The aggrieved person or the aggrieved person's attorney will request any necessary changes to the complaint. (d) The aggrieved person will verify and sign the complaint. The complaint will then be submitted to the division. (e) If the aggrieved person is an unemancipated minor, the complaint must be signed on behalf of the minor by the parent or legal guardian of the minor. (6) The division will serve notice upon the aggrieved person acknowledging the filing of the complaint and advising the aggrieved person of the time limits and choice of forums provided under ORS chapter 659A and the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a). (7) Within 10 days after the filing of a complaint, the division will serve the respondent with a copy of the original complaint that identifies the alleged discriminatory housing practice and a notice that advises the respondent of the procedural rights and obligations of the respondent, including the respondent's right to file an answer to the complaint. (8) Each respondent may file, not later than 10 days after receipt of notice from the division, an answer to such complaint. Or. Admin. Code § 839-003-0200
BLI 36-2007, f. 12-27-07 cert. ef. 1-1-08; BLI 7-2008(Temp), f. 3-20-08, cert. ef. 3-25-08 thru 9-21-08; Administrative correction 10-21-08; BLI 40-2008(Temp), f. 11-10-08, cert. ef. 11-12-08 thru 5-1-09; BLI 43-2008, f. 12-3-08, cert. ef. 12-5-08; BLI 6-2010, f. & cert. ef. 2-24-10; BLI 5-2012(Temp), f. & cert. ef. 6-13-12 thru 12-10-12; BLI 7-2012, f. & cert. ef. 8-8-12; BLI 8-2012(Temp), f. & cert. ef. 8-8-12 thru 1-31-13; BLI 11-2012, f. & cert. ef. 10-10-12; BLI 9-2015, f. & cert. ef. 6/29/2015Stat. Auth.: ORS 659A.805
Stats. Implemented: 659A.145, 659A.421, 659A.820, 42 U.S.C. 3601 et seq.