40 Tex. Admin. Code § 819.151 - Filing a Complaint

Current through Reg. 46, No. 53; December 31, 2021

(a) A person may telephone, write, visit, e-mail, fax, or otherwise contact CRD to obtain information on filing a complaint with CRD.
(b) At the complainant's request, CRD:
(1) shall confer with the complainant about the facts and circumstances that may constitute the alleged unlawful housing practice; and
(2) shall assist the complainant with preparation of the complaint if the facts and circumstances constitute an alleged unlawful housing practice; or
(3) may advise the complainant if the facts and circumstances presented to CRD do not appear to constitute an unlawful housing practice.
(c) The complaint shall be filed in writing and under oath with CRD by electronic communication, mail, fax, or in person with:
(1) the CRD office on a CRD-provided form;
(2) a HUD office; or
(3) a local municipality certified by HUD.
(d) The CRD director may require complaints to be made in writing, under oath, on a prescribed form. The complaint shall include the following information:
(1) The name and address of the complainant;
(2) The name and address of the respondent;
(3) A description and address of the dwelling that is involved, if appropriate;
(4) The basis for the alleged discriminatory housing practices, which may include any of the following: race, color, disability, religion, sex, national origin, or familial status;
(5) A concise statement of the facts and circumstances that constitute alleged discriminatory housing practices under the Texas Fair Housing Act, including identification of personal harm, reason given to complainant by respondent for the action taken; and
(6) A declaration of unlawful discrimination under federal or state law.
(e) A complaint shall be filed on or before the first anniversary of the date the alleged discriminatory housing practice occurs or terminates, whichever is later.
(f) The date of the filing of the complaint is the date when it is received by CRD or dual-filed with HUD, except when the CRD director determines that a complaint is timely filed for the purposes of the one-year period for filing of complaints upon submission of written information (including information provided by telephone by the complainant and documented by CRD) that is substantially equivalent to the information identified in subsection (d) of this section. When a complaint alleges discriminatory housing practices that are continuing, as manifested in a number of incidents of such conduct, the complaint shall be timely when filed within one year of the last alleged occurrence.
(g) A complaint may be amended to cure technical defects or omissions, or to clarify and amplify allegations made therein. Such amendment or amendments alleging additional acts that constitute unlawful housing practices related to or growing out of the subject matter of the original complaint shall relate back to the date the complaint was first filed. CRD shall provide a copy of the complaint to the respondent. An amended complaint shall be subject to the procedures set forth in applicable law.
(h) The CRD director may file a complaint when the CRD director receives information from a credible source that one or more individuals may have violated the rights of one or more individuals protected by the Texas Fair Housing Act. A complaint filed by the CRD director shall be considered for approval by the Commission at a meeting following the filing of the complaint. Upon a majority vote of the Commission , the complaint is approved and any investigation of the complaint shall continue. If a majority of the Commission does not approve the complaint, such complaint shall be withdrawn by CRD.
(i) The complainant and respondent shall be notified periodically by CRD of the status of their complaint, unless the notice would jeopardize an undercover investigation by another state, federal, or local government.
(j) Upon the acceptance of a complaint, the CRD director shall notify by mail, or electronic communication upon agreement of the complainant, each complainant on whose behalf the complaint was filed. The notice shall:
(1) acknowledge the filing of the complaint and state the date that the complaint was accepted for filing;
(2) include a copy of the complaint;
(3) advise the complainant of the time limits applicable to complaint processing and of the procedural rights and obligations of the complainant under the Texas Fair Housing Act and this chapter;
(4) advise the complainant of his or her right to commence a civil action under the Texas Fair Housing Act, Subchapter H, and federal law, not later than two years after the occurrence or termination of the alleged discriminatory housing practice. The notice shall state that the computation of this two-year period excludes any time during which an administrative hearing is pending under this chapter and Texas Fair Housing Act, Subchapter E, with respect to a complaint or charge based on the alleged discriminatory housing practice; and
(5) advise the complainant that retaliation against any person because he or she made a complaint or testified, assisted, or participated in an investigation, conciliation, or an administrative proceeding under this chapter is a discriminatory housing practice that is prohibited under the Texas Fair Housing Act and this chapter.

Notes

40 Tex. Admin. Code § 819.151
The provisions of this §819.151 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659; Amended by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5564, eff. August 1, 2016

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