Current through Register Vol. XLI, No. 50, December 13, 2024
Section 77-8-3 - Complaints3.1. Submission of information. 3.1.1. The commission will receive information concerning alleged discriminatory housing practices from any person. Where the information constitutes a complaint within the meaning of the West Virginia Fair Housing Act and these rules and is furnished by an aggrieved person, it will be considered to be filed under section 3.6 of these regulations. Where additional information is required for purposes of perfecting a complaint, the commission will advise what additional information is needed and will provide appropriate assistance in the filing of the complaint.3.2. Who may file complaintsAny aggrieved person, the commission or the attorney general may file a complaint no later than one year after an alleged discriminatory housing practice has occurred or terminated. The complaint may be filed with the assistance of an authorized representative of an aggrieved person, including any organization acting on behalf of an aggrieved person.
3.3. Persons against whom complaints may be filed3.3.1. A complaint may be filed against any person alleged to be engaged, to have engaged, or to be about to engaged in a discriminatory housing practice.3.3.2. A complaint may also be filed against any person who directs or controls, or has the right to direct or control, the conduct of another person with respect to any aspect of the sale, rental, advertising or financing of dwellings or the provision of brokerage services relating to the sale or rental of dwellings if that other person acting within the scope of his or her authority as employee or agent of the directing or controlling person, is engaged, has engaged, or is about to engage, in a discriminatory housing practice.3.4. Where to file complaints 3.4.1. Aggrieved persons may file complaints in person with, or by mail to the West Virginia Human Rights Commission, 1321 Plaza East, Room 104/106, Charleston, West Virginia 25301.3.4.2. Aggrieved persons may provide information to be contained in a complaint by telephone to the commission. The commission will reduce information provided by telephone to writing on the prescribed complaint form and send the form to the aggrieved person to be signed and affirmed as provided in 3.5.1. of these regulations.3.5. Form and content of complaint 3.5.1. Each complaint must be in writing and must be signed and affirmed by the aggrieved person filing the complaint or, if the complaint is filed by the commission or the attorney general, by an authorized agent thereof. The signature and affirmation may be made at any time during the investigation. The affirmation shall state: "Having been duly sworn, I depose and say that I have read the foregoing complaint and know the contents thereof, and that it is true and correct; except as to the matters therein stated upon information and belief, which matters I believe to be true.3.5.2. Complaint forms will be available in the office of the West Virginia Human Rights Commission. Notwithstanding any requirement for use of a prescribed form, the commission will accept any written statement which substantially sets forth the allegations of a discriminatory housing practice under the West Virginia Fair Housing Act as a Fair Housing Act complaint. Personnel in the commission offices will provide appropriate assistance in filling out forms and in filing a complaint.3.5.3. Each complaint must contain substantially the following information: 3.5.3.a. The name and address of the aggrieved person.3.5.3.b. The name and address of the respondent.3.5.3.c. A description and the address of the dwelling which is involved, if appropriate.3.5.3.d. A concise statement of the facts, including pertinent dates, constituting the alleged discriminatory housing practice.3.6. Date of filing of complaint 3.6.1. Except as provided in section 3.6.2, a complaint is filed when it is received by the commission in a form that reasonably meets the standards of 3.5.3.6.2. The commission may determine that a complaint is filed for the purposes of the one-year period for the filing of complaints, upon the submission of written information (including information provided by telephone and reduced to writing by an employee of the commission) identifying the parties and describing generally the alleged discriminatory housing practice.3.6.3. Where a complaint alleges a discriminatory housing practice that is continuing, as manifested in a number of incidents of such conduct, the complaint will be timely if filed within one year of the last alleged occurrence of that practice.3.7. Amendment of complaintComplaints may be reasonably and fairly amended at any time. Such amendments may include, but are not limited to, amendments to cure technical defects or omissions, including failure to sign or affirm a complaint, to clarify or amplify the allegations in a complaint, or to join additional or substitute respondents. Except for the purposes of notifying respondents under section 3.9 of these regulations, amended complaints will be considered as having been made as of the original filing date.
3.8. Service of notice on aggrieved personUpon the filing of a complaint, the commission will notify, by certified mail or personal service, each aggrieved person on whose behalf the complaint was filed. The notice will:
3.8.1. Acknowledge the filing of the complaint and state the date that the complaint was accepted for filing.3.8.2. Include a copy of the complaint.3.8.3. Advise the aggrieved person of the time limits applicable to complaint processing and of the procedural rights and obligations of the aggrieved person under these regulations.3.8.4. Advise the aggrieved person of his or her right to commence a civil action under W. Va. Code '5-11A-14 in an appropriate county circuit court not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two-year period excludes any time during which a proceeding is pending under these regulations with respect to a complaint or charge based on the alleged discriminatory housing practice.3.8.5. Advise the aggrieved person that in the event he or she files a civil action under W. Va. Code '5-11A-14, he or she has a duty to notify the commission of such action in writing.3.8.6. Advise the aggrieved person that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation or conciliation under these regulations, is a discriminatory housing practice that is prohibited under W. Va. Code '5-11A-7.3.9. Notification of respondent; joinder of additional or substitute respondents.3.9.1. Within ten days of the filing of a complaint under section 3.6 of these regulations or the filing of an amended complaint under section 3.7 of these regulations, the commission 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 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 ten days of the identification.3.9.2. The notice will identify the alleged discriminatory housing practice upon which the complaint is based, and include a copy of the complaint.3.9.3. The notice will state the date that the complaint was accepted for filing.3.9.4. The notice will advise the respondent of the time limits applicable to complaint processing under this part and of the procedural rights and obligations of the respondent under these regulations, including the opportunity to submit an answer to the complaint within ten (10) days of the receipt of the notice.3.9.5. The notice will advise the respondent of the aggrieved person's right to commence a civil action under W. Va. Code '5-11A-14 in an appropriate county circuit court, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice will state that the computation of this two-year period excludes any time during which a proceeding is pending under these regulations with respect to a complaint or charge based on the alleged discriminatory housing practice.3.9.6. 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 commission's belief that the joined person is properly joined as a respondent.3.9.7. The notice will advise the respondent that retaliation against any person because he or she made a complaint or testified, assisted or participated in an investigation or conciliation under this part or an administrative proceeding under these regulations is a discriminatory housing practice that is prohibited under W. Va. Code '5-11A-16.3.10. Answer to complaint3.10.1. The respondent may file an answer not later than ten days after receipt of the notice described in 3.9 of these regulations. The respondent may assert any defense that might be available to a defendant in a court of law. The answer must be signed and affirmed by the respondent. The affirmation must state: "Having been duly sworn, I depose and say that I have read the foregoing answer and know the contents thereof, and that it is true and correct: except as to the matters therein stated upon information and belief, which matters I believe to be true."3.10.2. An answer may be reasonably and fairly amended at any time during the investigation with the consent of the commission.