California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 2 - Housing Discrimination Complaints › Section 10038 - Intake

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To determine
				  whether the department has jurisdiction over the conduct about which a person
				  seeks to complain, or the respondent against whom a person seeks to file, the
				  department shall screen pre-complaint inquiries filed for investigation by
				  conducting an intake interview.
(b)
				  The department will provide persons who file a pre-complaint inquiry with
				  confirmation of the receipt of their inquiry. The department will contact
				  persons who have filed a pre-complaint inquiry to conduct or schedule an intake
				  interview.
(c) Persons for whom an
				  intake appointment has been made should prepare to provide the department,
				  where relevant, with the following information at the intake interview:
(1) the name and, where available, address,
				  telephone number, and e-mail address of the person who seeks to file the
				  complaint;
(2) the name and, where
				  available, address, telephone number, and e-mail address of any other adults
				  who sought housing with the person or who reside or would have resided with the
				  person in the housing accommodation at issue;
(3) the names and ages of any children who
				  sought housing with the person or who reside or would have resided with the
				  person in the housing accommodation at issue;
(4) the name and, where available, address,
				  telephone number, and e-mail address of the person or entity against whom the
				  person seeks to file a complaint ("respondent");
(5) whether the respondent is an owner,
				  manager, developer, management company, real estate broker, lending institution
				  or other entity;
(6) the address
				  and, if applicable, name of the property where the housing accommodation was
				  sought;
(7) whether the desired
				  housing accommodation was a single family home or an apartment; if an
				  apartment, the number of units at the location;
(8) each protected basis upon which the
				  discriminatory conduct about which the person wishes to complain was
				  based;
(9) the discriminatory
				  conduct or treatment the person experienced and the date or dates such
				  discriminatory conduct or treatment occurred;
(10) for retaliation complaints, the
				  protected activity in which the person engaged and the date of the protected
				  activity;
(11) the reason the
				  person believes the conduct experienced was discriminatory and, if applicable,
				  the name, address, telephone number, and e-mail address of any tenant,
				  applicant, or homebuyer the person believes was treated more
				  favorably;
(12) the name, address,
				  telephone number, and e-mail address of each person believed to have relevant
				  information regarding the complaint of housing discrimination;
(13) whether the person has filed the same
				  complaint with HUD;
(14) the name,
				  address, telephone number and e-mail address of any other agency, organization,
				  or group with which the person has filed the same complaint of
				  discrimination;
(15) whether a
				  civil complaint alleging the same unlawful housing practice(s) has been filed
				  and, if so, a copy of the complaint;
(16) the following additional information may
				  be relevant in complaints alleging refusal or denial to show, rent, lease, sell
				  or finance a housing accommodation:
A. how
				  information about the vacancy or sale was obtained;
B. the terms of the sale, rental, or
				  financing sought;
C. whether an
				  application was submitted and, if so, the submission date;
D. if an application was not submitted, the
				  reason no application was submitted;
E. the date of the denial or
				  refusal;
F. the reason given for
				  the denial or refusal;
G. the name
				  address, telephone number, e-mail address and title of the person who made the
				  denial or refusal;
H. whether a
				  lease or contract was signed and, if so, a copy of the lease or
				  contract;
I. the name, telephone
				  number, and e-mail address of the person or persons who obtained the housing
				  accommodation sought, if known;
(17) the following additional information may
				  be relevant in complaints alleging a discriminatory eviction:
A. date of initial notice;
B. date required to vacate;
C. whether the person has been served a
				  Notice of Unlawful Detainer and, if so, the date of the notice and the court
				  date;
D. the reason or reasons
				  given for the eviction; and E. the name, address, telephone number, and e-mail
				  address of others who have been evicted.