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

Current through June 14, 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.