Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-380 - Respondent to be notified of complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. Within 10 days of the filing of a
					 complaint under
					 18VAC135-50-350 or the filing of
					 an amended complaint under
					 18VAC135-50-360, the administrator
					 or his designee 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 Part V of these
					 regulations 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 10 days of the
					 identification.
B.
1. The notice will identify the alleged
					 discriminatory housing practice upon which the complaint is based, and include
					 a copy of the complaint and copies of any supporting documentation referenced
					 in the complaint which are received with the complaint.
2. The notice will state the date that the
					 complaint was accepted for filing.
3. The notice will advise the respondent of
					 the time limits applicable to complaint processing under these regulations and
					 of the procedural rights and obligations of the respondent under the law and
					 these regulations, including the opportunity to submit an answer to the
					 complaint within 10 days of the receipt of the notice. The administrator, upon
					 request, has the discretion to extend this time period for a reasonable
					 time.
4. The notice will advise the
					 respondent of the aggrieved person's right to commence a civil action under the
					 law, in a state circuit court, no later than 180 days after the conclusion of
					 the administrative process with respect to a complaint or charge, or, not later
					 than two years after the occurrence or termination of the alleged
					 discriminatory housing practice, whichever is longer.
5. 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.
6. The notice will advise the respondent that
					 retaliation against any person because he made a complaint or testified,
					 assisted, or participated in an investigation or conciliation under this part
					 is a discriminatory housing practice that is prohibited under the law and these
					 regulations.
7. The notice may
					 invite the respondent to enter into a conciliation agreement for the purpose of
					 resolving the complaint.
8. The
					 notice may include an initial request for information and documentation
					 concerning the facts and circumstances surrounding the alleged discriminatory
					 housing practice set forth in the complaint.