OAR 839 § 839-003-0245

Commissioner's Complaint in Housing Discrimination Cases

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonFair Housing & Anti-Discrimination

Operative Text

OAR 839 § 839-003-0245
(1) The commissioner of the Bureau of Labor and Industries may make, sign and file a complaint whenever the commissioner has reason to believe that any person or group of persons has been denied rights or is about to be denied rights due to an unlawful practice under ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a). The complaint will be processed in the same manner as any other complaint filed under OAR 839-003-0200.

(2) The commissioner may identify an aggrieved person or persons in a commissioner’s complaint, by name, pseudonym or by general description as being affected by an alleged unlawful practice or otherwise similarly situated to a person eligible to file a complaint under ORS 659A.820.

(3) Any cease and desist order issued in a proceeding in which the commissioner filed a complaint may, in addition to any other action authorized by law, include remedies for an aggrieved person or persons.

(4) In the matter of concurrent complaints, nothing in these rules will be construed to:

(a) Require or prohibit the filing of a commissioner's complaint involving the same or similar issues or allegations stated in any other complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885;

(b) Require or prohibit the continued processing or initiation of a commissioner's complaint in the event that a complaint filed with the division or circuit court by an individual under ORS 659A.820, 659A.825, or 659A.885, is resolved or dismissed, with or without remedy to the individual; or

(c) Alter or limit an individual's private right of action provided under ORS 659A.870 to 659A.885.
Source: Legislative text reproduced verbatim
Plain English

OAR 839 § 839-003-0245 authorizes Oregon's Bureau of Labor and Industries (BOLI) Commissioner to independently initiate a housing discrimination complaint when there is reason to believe someone has been denied—or is about to be denied—rights under Oregon's fair housing statutes (ORS 659A.145 or 659A.421) or the federal Fair Housing Act. A commissioner-initiated complaint follows the same processing procedures as any complaint filed by an individual, and any resulting cease-and-desist order may include remedies for affected persons. Importantly, a commissioner's complaint can coexist with, and does not interfere with, individual complaints or private lawsuits filed separately under Oregon law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under OAR 839 § 839-003-0245, housing providers should be aware that BOLI's Commissioner can open a formal discrimination investigation without waiting for an individual tenant or applicant to file a complaint. Operators who maintain consistent, documented fair-housing compliance practices—such as uniform application criteria, written policies, and staff training—are generally better positioned when a commissioner's complaint is initiated. Because a commissioner's complaint can run concurrently with individual complaints or civil actions, a single alleged incident could give rise to multiple simultaneous proceedings.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

OAR 839 § 839-003-0245 means that even if an affected individual has not filed a complaint, BOLI's Commissioner can act independently to address potential housing discrimination under Oregon or federal fair housing law. Aggrieved persons may be identified in a commissioner's complaint and can receive remedies through any resulting cease-and-desist order, separate from any individual complaint or lawsuit they may pursue on their own. This provision explicitly preserves individual private rights of action under ORS 659A.870–659A.885, so a person's own legal options are not diminished by the existence of a commissioner's complaint; tenant-rights organizations or legal aid offices can help individuals understand how these parallel paths interact.

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.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 659A.145
Not yet ingested
OAR 839-003-0200
Not yet ingested
ORS § 659A.820
Not yet ingested
ORS § 659A.870
Not yet ingested
ORS § 659A.885
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References In

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Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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