Article 4. Conciliation
18VAC135-50-460. Conciliation process.
Article 4
Conciliation
In conciliating a 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.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.17, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-470. Conciliation agreement.
A. The terms of a settlement of a complaint will be reduced to a written conciliation agreement. The conciliation agreement shall seek to protect the interests 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 18VAC135-50-480 and the Virginia Fair Housing Law. The provisions that may be sought for the vindication of the public interest are described in 18VAC135-50-490.
B. The agreement must be executed by the respondent and the complainant. The agreement is subject to the approval of the board.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.18, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-480. Relief sought for aggrieved persons during conciliation.
A. The following types of relief may be sought for aggrieved persons in conciliation:
1. Monetary relief in the form of compensatory and punitive damages and attorney fees;
2. Other equitable relief including, but not limited to, access to the dwelling at issue, or to a comparable dwelling, the provision of services or facilities in connection with a dwelling, or other specific relief; or
3. Injunctive relief appropriate to the elimination of discriminatory housing practices affecting the aggrieved person or other persons.
B. The conciliation agreement may provide for binding arbitration or other methods of resolving a dispute arising from the complaint. Arbitration may award appropriate relief as described in subsection A 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 or other methods of dispute resolution.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.19, eff. December 1, 1991.
18VAC135-50-490. Conciliation provisions relating to public interest.
The following are types of provisions that may be sought for the vindication of the public interest:
1. Elimination of discriminatory housing practices.
2. Prevention of future discriminatory housing practices.
3. Remedial affirmative activities to overcome discriminatory housing practices.
4. Reporting requirements.
5. Monitoring and enforcement activities.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.20, eff. December 1, 1991.
18VAC135-50-500. Termination of conciliation process.
A. The administrator may terminate his efforts to conciliate the complaint if the respondent fails or refuses to confer with the administrator or his designee; the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or the administrator finds, for any reason, that voluntary agreement is not likely to result.
B. Where the aggrieved person has commenced a civil action under federal law or a state law seeking relief with respect to the alleged discriminatory housing practice, and the trial in the action has commenced, the administrator will terminate conciliation unless the court specifically requests assistance from the board.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.21, eff. December 1, 1991.
18VAC135-50-510. Disclosure of information obtained during conciliation.
A. Except as provided in subsection B of this section and 18VAC135-50-450 C, nothing that is said or done in the course of conciliation under this article may be made public or used as evidence in subsequent civil actions under the Virginia Fair Housing Law or this chapter without the written consent of the persons concerned.
B. Conciliation agreements shall be made public, unless the aggrieved person and respondent request nondisclosure and the board determines that disclosure is not required to further the purposes of the fair housing law. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the board may publish tabulated descriptions of the results of all conciliation efforts.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.22, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-520. Review of compliance with conciliation agreement.
The administrator may, from time to time, review compliance with the terms of any conciliation agreement. Whenever there is reasonable cause to believe that a respondent has breached a conciliation agreement, the board shall refer the matter to the Attorney General with a recommendation for the filing of a civil action under the Virginia Fair Housing Law for the enforcement of the terms of the conciliation agreement.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.23, eff. December 1, 1991.