Or. Admin. Code § 839-003-0235
Current through Register Vol. 63, No. 10, October 1, 2024
Section 839-003-0235 - Civil Action under State and Federal Housing Law(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) may file a civil action as provided in ORS 659A.870 to 659A.885, or ORS 30.680. A person is not required to file a complaint of a violation of state law with the division before filing a civil action. (2) A civil action 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), may be filed no later than two years after the occurrence or termination of an alleged discriminatory housing practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840, whichever occurs last. The two-year period may not include any time during which an administrative proceeding was pending with respect to the housing practice. (3) After filing a complaint with the division, an aggrieved person may file a civil action in state or federal court alleging the same matters as those alleged in the complaint filed with the division. The aggrieved person should notify the division of the civil action. When the division receives notice from the aggrieved person or aggrieved person's attorney, or court documents indicating that a civil action has been filed, the division will not dismiss the complaint until the civil trial commences. The division will notify the aggrieved person and respondent that the division has dismissed the complaint and will take no further action. (4) If formal charges have been issued with respect to a housing discrimination complaint, and an administrative law judge has commenced a hearing on the record under ORS chapter 659A, the aggrieved person may not commence a civil action in court that alleges the same matters. (5) When the commissioner of the Bureau of Labor and Industries or the attorney general of the State of Oregon has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 - 3614 a), the commissioner or the attorney general may file a civil action on behalf of the aggrieved individuals in the same manner as an individual or group of individuals may file a civil action under ORS 659A.885.Or. Admin. Code § 839-003-0235
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 9-2015, f. & cert. ef. 6/29/2015Stat. Auth.: ORS 659A.805
Stats. Implemented: ORS 659A.800 - 659A.890