18VAC135-50-530. Reasonable cause determination.
Article 5
Issuance of a Charge
A. The reasonable cause determination will be based solely on the facts concerning the alleged discriminatory housing practice, provided by complainant and respondent and otherwise disclosed during the investigation. In making the reasonable cause determination, the board shall consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a civil action in the appropriate state court.
B. In all cases not involving the legality of local zoning or land use laws or ordinances:
1. If the board determines that reasonable cause exists, the board will issue a charge under § 36-96.14 of the fair housing law and these regulations on behalf of the aggrieved person, and shall notify the aggrieved person and the respondent of this determination by certified mail or personal service.
2. If a no reasonable cause determination is made, the board shall: Issue a short and plain written statement of the facts upon which the no reasonable cause determination was based; dismiss the complaint; notify the aggrieved person and the respondent of the dismissal (including the written statement of facts) in writing within 30 days of such determination by certified mail or personal service; and make public disclosure of the dismissal.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.24, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.