OAR 839 § 839-003-0215
Administrative Dismissal of a Housing Discrimination Complaint
Operative Text
(1) The division will dismiss the complaint if it determines that the bureau has no jurisdiction over the allegations of the complaint. (2) If an aggrieved person or the aggrieved person’s attorney fails to cooperate with the division, the division may dismiss the complaint. (3) The aggrieved person will notify the division in writing of address and telephone number changes. When an aggrieved person cannot be located by reasonable efforts, the division may dismiss the complaint. (4) The division will dismiss a complaint unless substantial evidence of unlawful practices is found. The division will provide written notice of such dismissal to the aggrieved person and respondent. (5) The division cannot issue a finding of substantial evidence of discrimination after an aggrieved person has filed a civil action alleging the same matters as provided in OAR 839-003-0235, and the trial for the civil action has commenced. (6) The division will dismiss complaints alleging discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) administered by the U.S. Department of Housing and Urban Development in accordance with federal requirements. (7) The division will notify the aggrieved person in writing of the right to file a civil action in state court, as provided in ORS 659A.870 to 659A.885, when a complaint is dismissed by the division. An aggrieved person filing a civil action against a public body must also file a tort claim notice as required by ORS 30.275.
OAR 839 § 839-003-0215 sets out the circumstances under which Oregon's Civil Rights Division will administratively close a housing discrimination complaint. Grounds for dismissal include lack of jurisdiction, failure of the complainant to cooperate or remain reachable, and an absence of substantial evidence of unlawful practices. When a complaint is dismissed, both the complainant and the respondent receive written notice, and the complainant is informed of the right to pursue a civil action in state court under ORS 659A.870 to 659A.885.
Plain English — not legal advice.
Under OAR 839 § 839-003-0215, a housing discrimination complaint filed against a property owner or manager may be dismissed on several procedural or evidentiary grounds before any finding is made. Operators who receive notice of a complaint generally track the division's written communications carefully, since dismissal does not automatically resolve underlying civil liability — the aggrieved person retains the right to file a civil action in state court. Respondents typically maintain records of all correspondence with the division throughout the complaint process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 839 § 839-003-0215 outlines situations in which the Civil Rights Division may close a housing discrimination complaint, including when a complainant cannot be located or fails to cooperate. To avoid dismissal on procedural grounds, complainants are generally expected to keep the division updated in writing with any changes to their address or phone number. If a complaint is dismissed, the division must notify the aggrieved person in writing of the right to file a civil action in state court under ORS 659A.870 to 659A.885; tenant-rights organizations and legal aid offices can help individuals understand what that path involves.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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