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

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) 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 Real Estate Board has authority over real estate licensees and their employees Fair Housing Board has authority over non-licensees 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 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) 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 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) If cause is found, case referred to OAG for civil action(30 days to file suit)

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

FAIR HOUSING OFFICE ORGANIZATION Fair Housing Director Field Investigator Assistant Director Intake Analyst/ Admin. Invest. Intake Analyst/ Admin. Invest. Field Investigator

VIRGINIA INVESTIGATIVE PROCESS 1 st : Complaints received from private individuals, FHIP’s, HUD & other advocacy organizations or agencies; FHO can file Board initiated complaints; 2 nd : Intake Analysts (2) determine jurisdiction and assign to field investigators (4); 3 rd : 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.; 4 th : Investigators complete Final Investigative Report and Case Analysis Worksheet w/Recommendation; Refer to OAG for Official Consultation Opinion if “Cause” recommendation; 5 th : Present findings to Virginia Real Estate and/or Fair Housing Board for final disposition (reasonable cause or no reasonable cause); 6 th : 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.

KEY CONCILIATION PROCESS POINTS All complaints referred to Alternative Dispute Resolution section to attempt conciliation simultaneously with investigation; 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.; If both parties interested, conciliation is attempted in person, via teleconference, shuttle diplomacy, in writing, etc.; Process is voluntary and confidential; 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 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 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) 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)

Challenges Encountered with Investigations Challenges Encountered with Investigations HUD: HUD: incomplete intake incomplete intake complaint summaries confusing or incomplete complaint summaries confusing or incomplete incorrect parties named 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) 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 calculating 100 days from HUD received date v. FHAP received dateFHIP: sending same complaint to HUD and FHAP sending same complaint to HUD and FHAP delaying sending complete test file when complaint is filed delaying sending complete test file when complaint is filedRespondents: out of state and/or unwilling to provide requested documents (state does not have subpoena power out of state). out of state and/or unwilling to provide requested documents (state does not have subpoena power out of state).

SOLUTIONS TO CHALLENGES Print case from TEAPOTS, start intake process and send amendments before complaint received from HUD; 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; 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; 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 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 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. Ask HUD to reactivate complaint and send Federal subpoena if records located outside of Va.

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

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

QUESTIONS????????