Compilation of Rules and Regulations of the State of Georgia
Department 186 - COMMISSION ON EQUAL OPPORTUNITY
Chapter 186-2 - GEORGIA FAIR HOUSING LAW
Rule 186-2-.03 - Fair Housing Complaint Processing

1. This part contains the procedures established by the Commission for the investigation and conciliation of complaints under O.C.G.A. Sections 8-3-208, 8-3-209, and 8-3-211 of the Georgia Fair Housing Law, as amended.

2. This part applies to:

1. "Aggrieved person" includes any person who:

2. "Attorney General" means the Attorney General of the State of Georgia.

3. "Complainant" means the person (including the Administrator) who files a complaint under the Act.

4. "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the aggrieved person, the respondent, and the Administrator.

5. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

6. "Discriminatory housing practice" means an act that is unlawful under sections 8-3-202, 8-3-203, 8-3-204, or 8-3-222 of the Act.

7. "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

8. The "Georgia Fair Housing Act" or "The Act" means Article 4 of Chapter 3 of Title 8, as amended, cited herein as O.C.G.A. Section 8-3-200et seq.

9. "HUD" means the United States Department of Housing and Urban Development.

10. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustee in cases under Title 11 of the United States Code, receivers and fiduciaries.

11. "Personal service" means handing a copy of the document to the person to be served or leaving a copy of the document with a person of suitable age and discretion at the place of business, residence or unusual place of abode of the person to be served.

12. "Receipt of service" means the day that personal service is completed by handing or delivering a copy of the document to an appropriate person or the date that a document is delivered by certified mail.

13. "Respondent" means:

14. "To rent" includes to lease, to sublease, to let, and, otherwise to grant for consideration the right to occupy premises not owned by the occupant.

1. The Administrator will receive information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the Georgia Fair Housing Law, as amended, and this part and is furnished by an aggrieved person it will be considered to be filed under Rule 186-2-.03(2)(f).

2. Information submitted to the Administrator by the aggrieved person or persons may be made available to any other Federal, State or local agency having an interest in the matter. In making available such information, steps will be taken to protect the confidentiality of any informant or complainant where desired by the informant or complainant.

1. A complaint may be filed against any person alleged to be engaged, to have engaged, or to be about to engage, in a discriminatory housing practice.

2. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person, acting within the scope of his or her authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.

1. Aggrieved persons may file complaints in person with, or by mail to the Commission on Equal Opportunity, Fair Housing Division in Atlanta, Georgia, or at any other satellite or regional office of the Commission located elsewhere in the State.

2. Aggrieved persons may provide information to be contained in a complaint by telephone or in person to the Commission or any of its satellite or regional offices. The Commission will reduce information provided by telephone to writing on the prescribed complaint form and send the form to the aggrieved person to be signed and affirmed as provided in Rule 186-2-.03(2)(e)1.

3. Complaints may be filed in person or by mail with the State, or with any local agency which has been certified by HUD as a"substantially equivalent" deferral agency under 24 C.F.R. Part 115 . Complaints filed with a substantially equivalent local agency will be considered to be complaints dual filed with the agency under its own law, and with HUD under the Fair Housing Act. In any case where HUD has initiated an investigation or any action or proceedings against any person relative to any acts or omissions by such person which may be in violation of the Georgia Fair Housing Law, as amended, the Administrator has no authority to initiate or pursue against such person any investigation, civil action, or administrative enforcement covered by the provisions of the Act with regard to the same acts or omissions or facts or circumstances to which the federal investigation or proceedings are applicable.

1. Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint or, if the complaint is filed by the Commission, by the Administrator. The signature and affirmation may be made at any time during the investigation. The affirmation shall state: "I declare under penalty of perjury that the foregoing is true and correct."

2. The Administrator may require complaints to be made on prescribed forms. Complaint forms will be available in offices of the Commission. Notwithstanding any requirement for use of a prescribed form, the Commission will accept any written statement which substantially sets forth the allegations of the discriminatory housing practice under the Georgia Fair Housing Law, as amended, as a Georgia Fair Housing Law complaint. Personnel in these offices will provide appropriate assistance in filling out forms and filing a complaint.

3. Each complaint must contain substantially the following information:

1. Except as provided in paragraph 2. of this section, a complaint is filed when it is received by the Commission, or dual filed with HUD in a form that reasonably meets the standards of Rule 186-2-.03(2)(d).

2. The Administrator may determine that a complaint is filed for the purposes of the one-year period for the filing of complaints, upon the submission of written information (including information provided by telephone and reduced to writing by an employee of the Commission) identifying the parties and describing generally the alleged discriminatory housing practice.

3. Where a complaint alleges a discriminatory housing practice that is continuing, as manifested in a number of incidents of such conduct, the complaint will be timely if filed within one of the last alleged occurrence of that practice.

1. Upon the filing of a complaint, the Commissioner will notify, by certified mail or personal service, each aggrieved person on whose behalf the complaint was filed. The notice will:

2. Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under Rules 186-2-.03(2) et seq. and 186-2-.04(1) et seq.

3. Advise the aggrieved person of his or her right to commence a civil action under O.C.G.A. Section 8-3-217 of the Georgia Fair Housing Law and Section 813 of the Fair Housing Act, in an appropriate state or United States District Court, no later than two years alter the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two-year period excludes any time during which a proceeding is pending under this part or Rule 186-2-.04(1) et seq. with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state that the time period includes the time during which an action arising from a breach of a conciliation agreement under O.C.G.A. Section 8-3-218(b)(2) of the Georgia Fair Housing Law, as amended, or Section 814(b)(2) of the Federal Fair Housing Act, is pending.

4. Advise the aggrieved person that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under this part or an administrative proceeding under Rule 186-2-.04(1) et seq., is a discriminatory housing practice that is prohibited under O.C.G.A. Section 8-3-222 of the Georgia Fair Housing Law, as amended.

1. Within ten days of the filing of a complaint under Rule 186-2-.03(2)(f) or the filing of an amended complaint under Rule 186-2-.03(2)(g), the Administrator will serve a notice on each respondent by certified mail or by personal service. A person who is not named as a respondent in a complaint, but who is identified in the course of the investigation under Rule 186-2-.03(4) of this part as a person who is alleged to be engaged, to have engaged, or to be about to engage in the discriminatory housing practice upon which the complaint is based may be joined as an additional or substitute respondent by service of a notice on the person under this section within ten days of the identification.

2. The notice will:

3. If the person is not named in the complaint, but is being joined as an additional or substitute respondent, the notice will explain the basis for the Administrator's belief that the joined person is properly joined as a respondent.

4. The notice will advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation under this part or an administrative proceeding under Rule 186-2-.04(1) et seq., is a discriminatory housing practice that is prohibited under O.C.G.A. Section 8-3-222 and under Section 818 of the Fair Housing Act.

1. The respondent may file an answer not later than ten days after receipt of the notice described in Rule 186-2-.03(2)(i). The respondent may assert any defense that might be available to a defendant in a court of law. The answer must be signed and affirmed by the respondent. The affirmation must state: "I declare under penalty of perjury that the foregoing is true and correct."

2. An answer may be reasonably and fairly amended at any time with the consent of the Administrator.

1. Whenever a complaint alleges a discriminatory housing practice that is within the jurisdiction of a substantially equivalent local agency and the agency is certified or may accept interim referrals under 24 C.F.R. Part 115 with regard to the alleged discriminatory housing practice, the Administrator will notify the agency of the filing of the complaint and refer the complaint to the agency for further processing before the Commission takes any action with respect to the complaint. The Administrator will notify the local agency of the referral by certified mail. In no event shall the Administrator refer a complaint that is within the Administrator's jurisdiction to a local agency for handling, unless such agency has been certified by HUD as a deferral agency under 24 C.F.R. Part 115.

2. The Administrator will notify the aggrieved person and the respondent, by certified mail or personal service, of the notification and referral under paragraph 1. of this section. The notice will advise the aggrieved person and the respondent of the aggrieved person's rights to commence a civil action under O.C.G.A. Section 8-3-217 of the Georgia Fair Housing Law, as amended, and under Section 813 of the Fair Housing Act, in an appropriate state or United States District Court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two year period excludes any time during which a proceeding is pending under this part or Rule 186-2-.04(1) with respect to a complaint or charge based on the alleged discriminatory housing practice. The notice will also state that the time period includes the time during which an action arising from a breach of a conciliation agreement under O.C.G.A. Section 8-3-218(b)(2), or Section 814(b)(2) of the Fair Housing Act, is pending.

1. The Administrator may reactivate a complaint referred under Rule 186-2-.03(3)(a) for processing by the Commission if:

1. Whenever a complaint referred to a local fair housing agency under Rule 186-2-.03(3)(a) is reactivated under Rule 186-2-.03(3)(c), the Administrator will notify the substantially equivalent local agency, the aggrieved person and the respondent of the Commission's reactivation. The notification will be made by certified mail or personal service.

2. The notification to the respondent and the aggrieved person will:

1. Upon the filing of a complaint, the Administrator will initiate an investigation before the end of the 30th day after receipt of the complaint. The purpose of an investigation is:

2. Upon the written direction of the Administrator, the Commission may initiate an investigation of housing practices to determine whether a complaint should be filed under Rule 186-2-.03(2) et seq.

1. In conducting investigations under this part, the Administrator will seek the voluntary cooperation of all persons to obtain access to premises, records, documents, individuals, and other possible sources of information; to examine record, and copy necessary materials, and to take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation.

2. The Administrator may issue subpoenas and order discovery in aid of the investigation to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the superior court in which the investigation is taking place.

1. The investigation will remain open until the reasonable cause determination is made under O.C.G.A. Section 8-3-211(a) or a conciliation agreement is executed and approved under O.C.G.A. Section 8-3-209(b). Unless it is impracticable to do so, the Administrator will complete the investigation of the alleged discriminatory housing practice within 100 days of the filing of the complaint (or where the Administrator reactivates the complaint, within 100 days after service of the notice of reactivation under Rule 186-2-.03(3)(d). If the Administrator is unable to complete the investigation within the 100-day period, the Administrator will notify the aggrieved person and the respondent, by certified mail or personal service, of the reasons for the delay.

2. In any event, the Administrator shall make a final administrative disposition of a complaint within one year of the date of receipt of a complaint, unless it is unable to do so. If the Administrator is unable to do so, the Administrator shall notify the complainant and the respondent, in writing, of the reasons for not doing so.

1. At the end of each investigation under this part, the Administrator will prepare a final investigative report. The investigative report will contain:

2. A final investigative report may be amended at any time, if additional evidence is discovered.

3. Notwithstanding the prohibitions and requirements with respect to disclosure of information contained in Rule 186-2-.03(5), the Administrator will make information derived from an investigation, including the final investigative report, available to the aggrieved person and the respondent. Following the completion of investigation, the Administrator shall notify the aggrieved person and the respondent that the final investigation report is complete and will be provided upon request.

1. During the period beginning with the filing of the complaint and ending with the filing of a charge or the dismissal of the complaint by the Administrator, the Administrator will, to the extent feasible, attempt to conciliate the complaint.

2. In conciliating the complaint, the Administrator will attempt to achieve a just resolution of the complaint and to obtain assurances that the respondent will satisfactorily remedy any violations of the rights of the aggrieved person, and take such action as will assure the elimination of discriminatory housing practices, or the prevention of their occurrence, in the future.

1. The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interest of the aggrieved person, other persons similarly situated, and the public interest. The types of relief that may be sought for the aggrieved person are described in Rule 186-2-.03(5)(c). The provisions that may be sought for the vindication of the public interest are described in Rule 186-2-.03(6)(b).

2. The agreement must be executed by the respondent and the complainant. The agreement is subject to the approval of the Administrator, who will indicate approval by signing the agreement. The Administrator will approve an agreement and, if the Administrator is the complainant, will execute the agreement, only if:

3. The Attorney General may issue a charge under Rule 186-2-.03(6)(b) if the aggrieved person and the respondent have executed a conciliation agreement that has not been approved by the Administrator.

1. The following types of relief may be sought for aggrieved persons in conciliation:

2. The conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Arbitration may award appropriate relief as described in paragraph 1. of this section. The aggrieved person and the respondent may, in the conciliation agreement, limit the types of relief that may be awarded under binding arbitration.

1. The following are types of provisions which may be sought for the vindication of the public interest:

1. The Commission may terminate its efforts to conciliate the complaint if the respondent fails or refuses to confer with the Commission; the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or the Commission finds, for any reason, that voluntary agreement is not likely to result.

2. Where the aggrieved person has commenced a civil action under federal or State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the Commission will terminate conciliation unless the court specifically requests assistance from the Administrator.

1. Except as provided in paragraph 2. of this section and Rule 186-2-.03(4)(f)3., nothing that is said or done in the course of conciliation under this part may be made public or used as evidence in a subsequent administrative hearing under Rule 186-2-.04(1) or in civil actions under Title VIII of the Fair Housing Act or The Georgia Fair Housing Law, as amended, without the written consent of the persons concerned.

2. Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the Administrator determines that disclosure is not required to further the purposes of the Georgia Fair Housing Law. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the Administrator may make public tabulated descriptions of the results of all conciliation efforts.

1. If a conciliation agreement under Rule 186-2-12-.02 has not been executed by the complainant and the respondent, and approved by the Administrator, the Administrator, within the time limits set forth in paragraph 4. of this section, shall determine whether, based on the totality of the factual circumstances known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur. The reasonable cause determination will be based solely on the facts concerning the alleged discriminatory housing practice, provided by the complainant and respondent and otherwise, disclosed during the investigation. In making the reasonable cause determination, the Administrator shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in state court.

2. In all cases not involving the legality of local zoning or land use laws or ordinances:

3. The Administrator may not issue a charge under paragraph 1. of this section regarding an alleged discriminatory housing practice, if an aggrieved person has commenced a civil action under an Act of Congress or a State law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced. If a charge may not be issued because of the commencement of such a trial, the Administrator will so notify the aggrieved person and the respondent by certified mail or personal service.

4. The Administrator shall make the reasonable cause determination after the Administrator forwards the matter for consideration. The Administrator shall make a reasonable cause determination within 100 days after filing of the complaint (or where the Administrator has reactivated a complaint, within 100 days after service of the notice of reactivation under Rule 186-2-.03(3)(d), unless it is impracticable to do so.

5. If the Administrator is unable to make the determination within the 100 day period specified in paragraph 4. of this section, the Administrator will notify the aggrieved person and the respondent, by certified mail or personal service, of the reasons for the delay.

1. A charge:

2. Within three business days after the issuance of the charge, the Administrator shall:

1. If a charge is issued under Rule 186-2-.02(6)(b), a complainant (including the Administrator, if the Commission filed the complaint), a respondent, or an aggrieved person on whose behalf the complaint is filed may elect, in lieu of an administrative proceeding under Rule 186-2-.04(1) et seq., to have the claims asserted in the charge decided in a civil action under O.C.G.A. Section 8-3-213(a) of the Georgia Fair Housing Law.

2. The election must be made not later than 20 days after the receipt of service of the charge, or in the case of the Administrator, not later than 20 days after service. The notice of the election must be filed with the Board of Commissioners and served on the Administrator, the Respondent, and the aggrieved persons on whose behalf the complaint was filed. The notification will be filed and served in accordance with the procedures established under Rule 186-2-.04(1) et seq.

3. If an election is not made under this section, the Administrator will maintain an administrative proceeding based on the charge in accordance with the procedures under Rule 186-2-.04(1) et seq.

4. If an election is made under this section, the Administrator shall immediately notify and authorize the Attorney General to commence and maintain a civil action seeking relief under O.C.G.A. Section 8-3-213(a)(3) of the Georgia Fair Housing Law on behalf of the aggrieved person in an appropriate Superior Court of the State of Georgia. Such notification and authorization shall include transmission of the file in the case, including a copy of the final investigative report and the charge, to the Attorney General.

5. The Administrator shall be available for consultation concerning any legal issues raised by the Attorney General as to how best to proceed in the event that a new court decision or newly discovered evidence is regarded as relevant to the reasonable cause determination.

1. If at any time following the filing of a complaint, the Administrator concludes that prompt judicial action is necessary to carry out the purposes of this part, the Administrator may authorize the Attorney General to commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint. The commencement of a civil action by the Attorney General under these rules will not affect the initiation or continuation of proceedings under this part or administrative proceedings under Rule 186-2-.04(1) et seq.

2. If the Administrator has reason to believe that a basis exists for the commencement of proceedings against the respondent under O.C.G.A. Section 8-3-218(a)(pattern or practice cases), proceedings under O.C.G.A. Section 8-3-218(c) of the Georgia Fair Housing Law (enforcement of subpoenas), or proceedings by any governmental licensing or supervisory authorities, the Administrator shall transmit the information upon which the belief is based on the Attorney General and to other appropriate authorities.

(i) Refer the matter to the Attorney General for appropriate action (e.g., enforcement of criminal penalties under O.C.G.A. Section 8-3-212(c) of the Act).

(ii) Take appropriate steps to inform any other federal, state or local agency with an interest in the enforcement of respondent's obligations with respect to nondiscrimination in housing.