OAR 839-003-0230
Remedies in Housing Discrimination Complaints

(1)

In cases of unlawful practices in housing, remedy includes, but is not limited to:

(a)

Rental, lease or sale of real property;

(b)

Service lost;

(c)

Expenses or lost benefits attributable to the unlawful practice;

(d)

Compensation for emotional distress and for impaired personal dignity; and

(e)

Interest.

(2)

Settlements of complaints and the awards in commissioner’s final orders do not necessarily include all possible remedies named in sections (1) of this rule. Nothing in this rule will be construed to limit or alter the statutory powers of the commissioner to protect the rights of persons similarly situated to the aggrieved person or to order the performance of an act or a series of acts designed to eliminate the effect of any unlawful practice found.

(3)

The commissioner may order the respondent to eliminate the effects of any unlawful practice found and may require respondent to do one or more of the following:

(a)

Perform a designated act or series of acts that are calculated to carry out the policy of these rules in order to eliminate the effects of an unlawful practice and to protect the rights of those affected;

(b)

Take action and submit reports to the commissioner on the manner of compliance with the terms and conditions specified in the commissioner’s order or agreement;

(c)

Refrain from any action prohibited by the order or agreement that would jeopardize the rights of the individuals or groups named in the complaint or would frustrate the purpose and the policy of these rules and relevant statutes.

(4)

Any person aggrieved by the violation of terms of a settlement agreement signed by a representative of the division, or the commissioner, may file an action for mandamus or injunction or civil action to compel specific performance.

(5)

Any person aggrieved by a violation of an order issued by the commissioner, or the commissioner, may file an action for mandamus or injunction or civil action to compel compliance.

(6)

Any person aggrieved by violation of a settlement agreement to which the division is a party, may file a complaint with the commissioner to seek enforcement of the settlement agreement within one year after the act or omission alleged to be a violation of the agreement. The commissioner will process the complaint in the same manner as provided for a complaint filed under ORS 659A.820 (Complaints).

Source: Rule 839-003-0230 — Remedies in Housing Discrimination Complaints, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-003-0230.

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 839-003-0230’s source at or​.us