Take A Look Into: The Virginia Fair Housing Office

1. Take A Look Into:The Virginia Fair Housing Office Presented by: Liz Hayes

2. VIRGINIA FAIR HOUSING OFFICE • Who Are We? Administrative arm of Virginia Real Estate and Fair Housing Boards who enforce Va.’s Fair Housing Law (DPOR) • Real Estate Board has authority over real estate licensees and their employees • Fair Housing Board has authority over non-licensees • What Protected Classes are Covered? Race, color, religion, sex, familial status, national origin, handicap and elderliness • What is Our Role? To investigate fair housing complaints and make recommendations to Board(s) • Board(s) determines if reasonable cause exist to believe discrimination occurred after consultation with OAG • If cause is found, case referred to OAG for civil action(30 days to file suit)

3. FISCAL YEAR 2010 IN VIRGINIA • COMPLAINTS FILED IN FY 2010 ~ 245 • COMPLAINTS CLOSED IN FY 2010 ~ 116 • COMPLAINTS FILED BY PROTECTED CLASS: • RACE ~ 70 • HANDICAP ~ 70 • FAMILIAL STATUS ~ 30 • Sex ~ 27 • National Origin ~ 23 • Elderliness ~ 15 • Religion ~ 10 • COMPLAINTS CONCILIATED IN FY2010 ~31 • REASONABLE CAUSE FINDINGS IN FY2010 ~ 9

4. FAIR HOUSING OFFICE ORGANIZATION

5. VIRGINIA INVESTIGATIVE PROCESS 1st: Complaints received from private individuals, FHIP’s, HUD & other advocacy organizations or agencies; FHO can file Board initiated complaints; 2nd: Intake Analysts (2) determine jurisdiction and assign to field investigators (4); 3rd: Field Investigators conduct interviews in person and/or via telephone (digitally recorded), under oath, with complainant, respondent, witnesses; complete site visits; review/obtain documents, etc.; 4th: Investigators complete Final Investigative Report and Case Analysis Worksheet w/Recommendation; Refer to OAG for Official Consultation Opinion if “Cause” recommendation; 5th: Present findings to Virginia Real Estate and/or Fair Housing Board for final disposition (reasonable cause or no reasonable cause); 6th: a. If Reasonable Cause found and Charge issued, the case is referred to the OAG for civil action; A.G. has 30 days to file suit in state court; conciliation attempted prior to issuing charge; b. If No Reasonable Cause found, case is closed and no further action taken.

6. KEY CONCILIATION PROCESS POINTS • All complaints referred to Alternative Dispute Resolution section to attempt conciliation simultaneously with investigation; • If both parties interested, conciliation is attempted in person, via teleconference, shuttle diplomacy, in writing, etc.; • Process is voluntary and confidential; • If successful, terms reduced to writing and approved by the Virginia Real Estate or Fair Housing Board; investigation ceases; • If unsuccessful, process ends unless parties contact ADR section to revisit conciliation prior to Board finding; • If Reasonable Cause found, parties are contacted to attempt conciliation before Charge issued and case referred to OAG for civil action. (parties have 30 days)

7. Challenges Encountered with Investigations • HUD: • incomplete intake • complaint summaries confusing or incomplete • incorrect parties named • failing to send documents included with complaint when complaint is referred to FHAP (documents sent to local HUD office causes delay completing intake process) • calculating 100 days from HUD received date v. FHAP received date FHIP: • sending same complaint to HUD and FHAP • delaying sending complete test file when complaint is filed Respondents: • out of state and/or unwilling to provide requested documents (state does not have subpoena power out of state).

8. SOLUTIONS TO CHALLENGES • Print case from TEAPOTS, start intake process and send amendments before complaint received from HUD; • Contact local HUD office for copies of documents not included with complaint; • Reduce the number of days to investigate based on number of days case open with HUD prior to receipt; • Ask FHIP to only send one complaint to either HUD or FHAP, but not both; • Ask FHIP to send complete test file under separate cover when complaint is filed; • Ask HUD to reactivate complaint and send Federal subpoena if records located outside of Va.

9. BEST PRACTICES • HUD: • open and frequent communication with local & regional HUD office to assist with resolving issues as they arise • sharing information and evidence with local HUD office when Section 504 investigations are also ongoing • FHIP: • open communication with FHIP partners ~ request they only file with one agency (FHAP or HUD) • request they provide complete test file under separate cover when complaint is filed • maintain tester identifying information in “working papers” section of file

10. BEST PRACTICES • Digitally recording interviews; save electronically; • Strict timeliness standards (30-60-90 days); 90 day goal; • Conciliation process completely confidential and separate from investigation; occurs simultaneously with investigation; • Use of subpoena power without delay when respondents are uncooperative; • Full time Assistant Attorney General for FHO allows for frequent communication and guidance on cases.

11. QUESTIONS ????????