OAR 839-003-0220: Housing Discrimination Investigations

(1) The division will investigate the allegations contained in any complaint filed under ORS 659A.820 or 659A.825 alleging an unlawful practice under ORS 659A.145 or 659A.421 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 or 659A.421 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)(a) At the end of each investigation of a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 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 or 659A.421 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 or 659A.421 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 or 659A.421 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 (3).