OAR 839-003-0220
Housing Discrimination Investigations

(1)

The division will investigate the allegations contained in any complaint filed under ORS 659A.820 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner) alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) to determine whether there is substantial evidence of unlawful discrimination. The division will determine the method by which complaints will be investigated or otherwise processed. The division will not investigate allegations occurring more than one year prior to the date the complaint was filed unless the allegations constitute a continuing violation or the circumstances occurring more than one year prior to the date the complaint was filed pertain to timely allegations.

(2)

The division will commence an investigation of any complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) within 30 days after the timely filing of the complaint.

(3)

Intentionally left blank —Ed.

(a)

At the end of each investigation of a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) the division will prepare a final investigative report containing:

(A)

The names and dates of the contacts with witnesses;

(B)

A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent;

(C)

A summary description of other pertinent records;

(D)

A summary of witness statements; and

(E)

Answers to interrogatories.

(b)

A final investigative report under this section may be amended if additional evidence is later discovered.

(c)

The division will make the final investigative report available, upon request, to both the aggrieved person and the respondent.

(4)

The division will complete an investigation of any complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) within 100 days after the filing of the complaint, unless it is impracticable to do so. If the division is unable to complete the investigation of the complaint within 100 days after the filing of the complaint the division will notify the aggrieved person and respondent in writing of the reasons for not doing so.

(5)

The division will make final disposition of any complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) within one year after the filing of the complaint, unless it is impracticable to do so. If the division is unable to make final disposition of the complaint within one year the division will notify the aggrieved person and respondent in writing of the reasons for not doing so.

(6)

If the division determines that it is impracticable to complete an investigation and make final disposition of any complaint within one year the commissioner’s authority to conduct investigations or other proceedings to resolve a complaint alleging an unlawful practice under ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) does not cease after the one year period, under ORS 659A.830 (Authority of commissioner) (3).

Source: Rule 839-003-0220 — Housing Discrimination Investigations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0220.

839‑003‑0000
Purpose and Scope 839‑003‑0005
Definitions: Employment and Public Accommodation 839‑003‑0010
Who May File: Employment and Public Accommodation 839‑003‑0015
Equal Employment Opportunity Commission 839‑003‑0020
Civil Action: Employment and Public Accommodation 839‑003‑0025
Filing a Complaint: Employment (other than OSEA) and Public Accommodation 839‑003‑0031
Filing a Complaint under the Oregon Safe Employment Act (OSEA) 839‑003‑0040
Amendment of Complaints: Employment and Public Accommodation 839‑003‑0045
Withdrawal of Complaint: Employment and Public Accommodation 839‑003‑0050
Administrative Dismissal: Employment and Public Accommodation 839‑003‑0055
Conciliation Agreements Prior to Completion of the Investigation 839‑003‑0060
Fact-Finding Conference 839‑003‑0065
Investigations: Employment and Public Accommodation 839‑003‑0070
Settlement Process After Substantial Evidence Determination: Employment and Public Accommodation 839‑003‑0080
Access to Records in Investigative Files 839‑003‑0085
Subpoenas 839‑003‑0090
Remedy: Employment and Public Accommodation 839‑003‑0095
Enforcement of Settlement Agreements and Orders: Employment and Public Accommodation 839‑003‑0100
Commissioner’s Complaint: Employment and Public Accommodation 839‑003‑0200
Filing a Housing Discrimination Complaint 839‑003‑0205
Amending a Housing Discrimination Complaint 839‑003‑0210
Withdrawal of a Housing Discrimination Complaint 839‑003‑0215
Administrative Dismissal of a Housing Discrimination Complaint 839‑003‑0220
Housing Discrimination Investigations 839‑003‑0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints 839‑003‑0230
Remedies in Housing Discrimination Complaints 839‑003‑0235
Civil Action under State and Federal Housing Law 839‑003‑0240
Enforcement of Settlement Agreements and Orders in Housing Discrimination Complaints 839‑003‑0245
Commissioner’s Complaint in Housing Discrimination Cases
Last Updated

Jun. 8, 2021

Rule 839-003-0220’s source at or​.us