Rhode Island Code of Regulations
Title 515 - Commission for Human Rights
Chapter 10 - Operation
Subchapter 00 - N/A
Part 3 - Fair Housing
Section 515-RICR-10-00-3.2 - Processing of Charges under the Fair Housing Practices Act
Universal Citation: 515 RI Code of Rules 10 00 3.2
Current through September 18, 2024
A. General Procedures. Unless specifically provided otherwise in this Chapter, the following procedures shall apply to all charges filed under the Fair Housing Practices Act:
1. The procedures set forth in
Part 2 of this Subchapter shall apply with respect to charges filed under the
Fair Housing Practices Act, R.I. Gen. Laws Chapter 34-37, as
applicable.
2. Upon the filing of a
charge, the Commission will serve notice upon the complainant acknowledging
such filing and advising the complainant of the time limits and choice of
forums provided in the Fair Housing Practices Act.
3. The Commission shall, not later than ten
(10) days after such filing, mail to the respondent a copy of the charge
together with a notice advising such respondent of the procedural rights and
obligations of such respondent under the Fair Housing Practices Act.
4. Each respondent may file an answer to the
charge not later than ten (10) days after receipt. General denials are not
accepted.
5. The Commission shall
commence an investigation before the thirtieth (30th) day after the receipt of
the charge and complete such investigation within one hundred (100) days after
the filing of the charge, unless impracticable to do so.
6. If the Commission is unable to complete
the investigation within one hundred (100) days after the filing of the charge,
the Commission shall notify the complainant and respondent in writing of the
reasons for not doing so.
7. The
Commission shall make final administrative disposition of a charge within one
(1) year of the filing of the charge, unless impracticable to do so.
8. If the Commission is unable to make final
administrative disposition of a charge within one (1) year of the filing of the
charge, the Commission shall notify the complainant and respondent in writing
of the reasons for not doing so.
9.
If the Commission, after investigation, determines that probable cause exists,
it shall issue and serve upon every party a complaint stating the
charges.
10. The Commission's
probable cause determination shall have the same meaning as reasonable cause as
defined in the federal Fair Housing Act of 1968,
42 U.S.C. §
3601 et seq ., as amended.
11. In addition to the right to sue
procedures set forth in §§
2.7(A) and
(B) of this Subchapter, when a complaint
issues after a finding of probable cause, any party may elect to have the
claims asserted in that complaint decided in a civil action in lieu of an
administrative hearing. The election must be made in writing not later than
twenty (20) days after the receipt of the complaint by the electing party. The
party making such election shall give notice of doing so to the Commission, the
attorney general, and to all other parties to whom the charge
relates.
12. If an election is made
as provided in §
3.2(A)(11) of this Part:
a. the complainant, the
Commission or the attorney general may commence and maintain a civil action on
behalf of the aggrieved person as provided in R.I. Gen. Laws §
28-5-28 within ninety (90) days after receipt of notice of an election. The Commission
shall commence and maintain an action seeking appropriate relief for the
aggrieved party and vindication of the public interest, if neither the attorney
general nor the complainant has commenced a civil action on behalf of the
aggrieved person. If the complainant commences a civil action on behalf of the
aggrieved person, the Commission shall intervene in the case on behalf of the
public interest. If the attorney general commences a civil action on behalf of
the aggrieved person, the Commission shall have the right to intervene on
behalf of the public interest; and,
b. any party may claim a trial by jury. Any
aggrieved person with respect to the issues to be determined in a civil action
under this subsection may intervene as of right in that civil action;
13. If none of the parties makes
an election as provided above, a Commission attorney, acting as the Civil
Prosecutor, shall either maintain the administrative action seeking appropriate
relief for an aggrieved party and vindication of the public interest, or, if
the complainant is represented by an attorney or proceeds pro se, participate
in the administrative action on behalf of the public interest.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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