Section 515-RICR-10-00-3.2 - Processing of Charges under the Fair Housing Practices ActA. 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.515 R.I. Code R. 515-RICR-10-00-3.2
Adopted effective 1/8/2019