| (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.
|
| Source Note: 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 to be effective August 1, 2016, 41 TexReg 5559 |
