Article 5. Issuance of a Charge
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.
18VAC135-50-540. Local zoning and land use.
If the board determines that the matter involves the legality of local zoning or land use laws or ordinances, in lieu of making a determination regarding reasonable cause, the investigative materials shall be referred to the Attorney General for appropriate action under the fair housing law, and shall notify the aggrieved person and the respondent of this action by certified mail or personal service.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.25, eff. December 1, 1991.
18VAC135-50-550. Pending private civil action.
The board may not issue a charge regarding an alleged discriminatory housing practice if an 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. If a charge may not be issued because of the commencement of such a trial, the board will so notify the aggrieved person and the respondent by certified mail or personal service.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 3.26, eff. December 1, 1991.
18VAC135-50-560. (Repealed.)
Historical Notes
Derived from VR585-01-05 § 3.27 to 3.30, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.