OAR 839 § 839-003-0235
Civil Action under State and Federal Housing Law
Operative Text
(1) An aggrieved person 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 file a civil action as provided in ORS 659A.870 to 659A.885, or ORS 30.680. A person is not required to file a complaint of a violation of state law with the division before filing a civil action. (2) A civil action 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 filed no later than two years after the occurrence or termination of an alleged discriminatory housing practice, or within two years after the breach of any settlement agreement entered into under ORS 659A.840, whichever occurs last. The two-year period may not include any time during which an administrative proceeding was pending with respect to the housing practice. (3) After filing a complaint with the division, an aggrieved person may file a civil action in state or federal court alleging the same matters as those alleged in the complaint filed with the division. The aggrieved person should notify the division of the civil action. When the division receives notice from the aggrieved person or aggrieved person’s attorney, or court documents indicating that a civil action has been filed, the division will not dismiss the complaint until the civil trial commences. The division will notify the aggrieved person and respondent that the division has dismissed the complaint and will take no further action. (4) If formal charges have been issued with respect to a housing discrimination complaint, and an administrative law judge has commenced a hearing on the record under ORS chapter 659A, the aggrieved person may not commence a civil action in court that alleges the same matters. (5) When the commissioner of the Bureau of Labor and Industries or the attorney general of the State of Oregon has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 or 659A.421 or the federal Fair Housing Act (42 U.S.C. 3601 – 3614a), the commissioner or the attorney general may file a civil action on behalf of the aggrieved individuals in the same manner as an individual or group of individuals may file a civil action under ORS 659A.885.
OAR 839 § 839-003-0235 establishes the rules governing civil lawsuits related to housing discrimination under Oregon state law (ORS 659A.145 and 659A.421) and the federal Fair Housing Act. An aggrieved person generally has two years from the discriminatory act—or from a breach of a related settlement—to file a civil action, and that window pauses while any administrative proceeding is pending. Importantly, a person does not have to first file an administrative complaint before going to court, though once a formal administrative hearing has begun, a parallel civil action on the same claims is not permitted. The Oregon Bureau of Labor and Industries commissioner or the state attorney general may also bring civil actions when a pattern or practice of discrimination is suspected.
Plain English — not legal advice.
Under OAR 839 § 839-003-0235, property owners and managers should be aware that individuals alleging housing discrimination—whether under Oregon's anti-discrimination statutes or the federal Fair Housing Act—can pursue civil litigation without first exhausting an administrative complaint process. Compliant operators typically maintain thorough, consistent records of rental decisions, communications, and policies, since civil actions can be filed up to two years after an alleged discriminatory act. Operators should also understand that state enforcement authorities, including the Bureau of Labor and Industries, can independently initiate civil actions if a pattern or practice of discrimination is suspected.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
OAR 839 § 839-003-0235 gives individuals who believe they have experienced housing discrimination the flexibility to file a civil lawsuit in state or federal court without first filing an administrative complaint with the Oregon Bureau of Labor and Industries. The two-year filing window generally begins at the time of the alleged discriminatory act or the termination of a continuing practice, and time spent in an active administrative proceeding does not count against that deadline. Tenants who have already filed an administrative complaint may still pursue a civil action on the same claims, but should notify the division of that action; consulting a tenant-rights organization or legal aid office can help clarify which enforcement path may be appropriate given the circumstances.
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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