OAR 839 § 839-003-0225
Settlement Process After Substantial Evidence Determination in Housing Discrimination Complaints
Operative Text
(1) During the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the division, the division will, to the extent feasible, seek to eliminate the effects of the unlawful discriminatory act(s) by engaging in conciliation, settlement and persuasion. The division will facilitate any settlement negotiations between the aggrieved person and respondent as provided in OAR 839-003-0055. (2) Nothing said or done in the course of settlement discussions concerning a complaint alleging an unlawful practice under ORS 659A.145 or 659A.421 or discrimination under the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) may be disclosed under ORS 192.410 to 192.505 (the Oregon Public Records Act) or in any other manner, or used as evidence in a subsequent proceeding under this chapter or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a) without the written consent of the persons concerned. (3) If no settlement agreement is reached, the division retains the discretion to further negotiate settlement, administratively dismiss the complaint, or proceed to a contested case hearing. (4) The aggrieved person may withdraw the aggrieved person’s complaint at any time.
OAR 839 § 839-003-0225 establishes a structured settlement process that runs from the moment a housing discrimination complaint is filed until the division either files a formal charge or dismisses the case. During this window, the division actively works to resolve the dispute through conciliation, settlement, and persuasion. Critically, anything said or done during those settlement discussions is confidential — it cannot be released under Oregon's Public Records Act or used as evidence in later proceedings without written consent from all parties involved. If no agreement is reached, the division may continue negotiating, dismiss the complaint, or move the matter to a contested case hearing, and the person who filed the complaint retains the right to withdraw it at any time.
Plain English — not legal advice.
Under OAR 839 § 839-003-0225, property owners and managers named as respondents in a housing discrimination complaint can expect the Oregon division to reach out about conciliation or settlement before any formal charge is filed. Compliant operators generally engage in good faith with the division's facilitated negotiation process, understanding that statements made during those discussions are protected from public disclosure and cannot be used against them in subsequent proceedings without written consent. If settlement talks do not produce an agreement, the division retains discretion to pursue a contested case hearing, so operators typically document their participation in the process carefully.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 839 § 839-003-0225 gives people who file housing discrimination complaints meaningful protections during the settlement phase: anything shared in conciliation discussions is confidential and cannot be disclosed under the Oregon Public Records Act or used as evidence later without written consent. Tenants and other aggrieved persons also retain the right to withdraw their complaint at any time, giving them control over the process. If a settlement is not reached, the division may still proceed to a contested case hearing on the complainant's behalf; tenant-rights organizations or legal aid offices can help individuals understand what each potential outcome means for their situation.
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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