Fair Housing Act Complaint - Oregon

OREGON FAIR HOUSING COMPLAINT (ORS 659A.421 / 659A.145)

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [____________________]

Case No. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unlawful Housing Discrimination (ORS 659A.421);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Disability Discrimination — Failure to Provide Reasonable Accommodation / Modification (ORS 659A.145; 42 U.S.C. § 3604(f)). [if disability is at issue]

DEMAND FOR JURY TRIAL

NOT SUBJECT TO MANDATORY ARBITRATION

Amount Claimed: $[__________] (ORCP 18)

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Oregon, and a person aggrieved by an unlawful practice within the meaning of ORS 659A.885.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue, and is an "owner" within the meaning of ORS 659A.421(1).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as Does 1 through 10 and will amend this Complaint when ascertained.

2.5. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of ORS 659A.421(1) and 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Article VII (Amended), section 9, of the Oregon Constitution and ORS 659A.885, which authorizes a civil action in circuit court.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under ORS 14.080 because the Property is located in this County and the discriminatory conduct occurred here.

3.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the alleged unlawful practice, as required by ORS 659A.875(3) for actions under ORS 659A.421 and 659A.145.

4. FACTUAL ALLEGATIONS

4.1. ORS 659A.421 prohibits discrimination in the sale, rental, or leasing of real property because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, or source of income. ORS 659A.145 separately prohibits housing discrimination because of disability.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., source of income (Housing Choice Voucher/Section 8), disability (________), race (________), sexual orientation, gender identity, familial status, marital status].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusing to sell, lease, or rent, or refusing to negotiate for sale or rental (ORS 659A.421(2)(a))
☐ Expelling an occupant or purchaser from the Property (ORS 659A.421(2)(b))
☐ Discrimination in the price, terms, conditions, or privileges, or in services or facilities (ORS 659A.421(2)(c))
☐ Discouraging the sale, rental, or lease of the Property (ORS 659A.421(2)(d))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (ORS 659A.421(2)(e))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (ORS 659A.421(2)(i))
☐ Steering, or inducing sale/rental for profit by neighborhood-composition representations
☐ Refusing to make a reasonable accommodation in rules, policies, practices, or services — disability (ORS 659A.145(2)(g))
☐ Refusing to permit a reasonable modification of the premises — disability (ORS 659A.145(2)(f))
☐ Harassment or creation of a hostile housing environment
☐ Coercion, intimidation, threat, or interference / retaliation (ORS 659A.421(2)(g); ORS 659A.145(8))
☐ Source-of-income discrimination — refusing to accept a Housing Choice Voucher/Section 8 or other lawful subsidy (ORS 659A.421)
☐ Other state-protected-class discrimination: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff is an individual with a disability within the meaning of ORS 659A.104 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — UNLAWFUL HOUSING DISCRIMINATION (ORS 659A.421)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unlawful practices prohibited by ORS 659A.421 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact cognizable under the federal FHA and applied to Oregon's fair-housing statute).

5.4. Plaintiff is entitled to the remedies available under ORS 659A.885, including actual damages, equitable relief, and reasonable attorney fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — DISABILITY: REASONABLE ACCOMMODATION / MODIFICATION (ORS 659A.145; 42 U.S.C. § 3604(f))

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is an individual with a disability under ORS 659A.104 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of ORS 659A.145(2)(f)-(g) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual damages, injunctive relief (including an order compelling the accommodation/modification), and attorney fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity, recoverable as compensatory damages under ORS 659A.885 and 42 U.S.C. § 3613(c).

8.3. Punitive damages: under the federal FHA (42 U.S.C. § 3613(c)(1)) where Defendant acted with malice or reckless indifference.

8.4. Attorney fees and costs: under ORS 659A.885(1) and 42 U.S.C. § 3613(c)(2).

8.5. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages as allowed by law;
• D. For a declaration that Defendants' conduct violated Oregon and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to Article I, section 17, of the Oregon Constitution and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Oregon that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], Oregon.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], OSB No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / mail / electronic service per UTCR 21.100]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. OREGON PRACTICE NOTES

• Enforcing agency. The Oregon Bureau of Labor and Industries (BOLI), Civil Rights Division, administers and enforces Oregon's fair-housing statutes.
• Protected classes (broader than federal). ORS 659A.421: race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, familial status, and source of income. Disability is covered separately by ORS 659A.145. "Source of income" protection generally reaches lawful subsidies such as Housing Choice Vouchers/Section 8 — confirm the current statutory definition and any small-rental exemptions.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with BOLI under ORS 659A.820 OR file a civil action directly in circuit court under ORS 659A.885. Filing with BOLI does not bar a later civil action, but watch the right-to-sue timing.
• Limitations periods.
• State civil action under ORS 659A.421 / 659A.145: 2 years from the occurrence or termination of the unlawful practice (ORS 659A.875(3)).
• State administrative complaint to BOLI: generally 1 year from the unlawful practice (ORS 659A.820).
• If a BOLI complaint was filed and a right-to-sue/notice issued, a civil action must be filed within 90 days of the notice (ORS 659A.875) — confirm which clock controls.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies. ORS 659A.885 authorizes actual damages, injunctive and other equitable relief, and attorney fees and costs. Punitive damages on the state housing claim are limited; the federal FHA count (42 U.S.C. § 3613(c)) is the primary vehicle for punitive damages. HUD ALJ proceedings can impose federal civil penalties.
• Assistance animals. ORS 659A.143 governs assistance animals; ORS 659A.141 provides damages for harm to or theft of an assistance animal.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor in state court.

15. SOURCES AND REFERENCES

• ORS 659A.421 (discrimination in selling, renting or leasing real property) — https://oregon.public.law/statutes/ors_659a.421
• ORS 659A.145 (disability discrimination in real property transactions; reasonable accommodation/modification) — https://oregon.public.law/statutes/ors_659a.145
• ORS 659A.875 (time limitations) — https://oregon.public.law/statutes/ors_659a.875
• ORS 659A.885 (civil action; remedies) — https://oregon.public.law/statutes/ors_659a.885
• Oregon Bureau of Labor and Industries, Civil Rights Division — https://www.oregon.gov/boli/civil-rights/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oregon must review and customize this document before filing. Verify all statutory citations and court rules before use.