reglab/statecodes huggingface dataset:
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 10035 - Filing a Pre-Complaint Inquiry of Housing Discrimination with the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person claiming to be aggrieved by a
				  housing practice made unlawful by the FEHA, or any other law the department
				  enforces, may file a pre-complaint inquiry with the department by telephone, in
				  person, by mail, or on the department's Web site at
www.dfeh.ca.gov
that shall describe the
				  unlawful conduct alleged and include the following, on a form prescribed by the
				  department:
(1) complainant's name and, where
				  available, address, telephone number and e-mail address;
(2) respondent's name and, where available,
				  address, telephone number and e-mail address;
(3) a description of the alleged act or acts
				  of housing discrimination, harassment or retaliation;
(4) the date or dates each alleged act of
				  housing discrimination, harassment or retaliation occurred, including the date
				  of the last or most recent act alleged;
(5) a description of the housing
				  accommodation at issue;
(6) the
				  address of the housing accommodation at issue; and
(7) each protected basis upon which the
				  alleged housing discrimination or harassment was based.
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 10036 - Liberal Construction of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department shall liberally construe all complaints to
					 effectuate the purpose of the laws the department enforces to safeguard the
					 civil right of all persons to seek, obtain and hold housing without
					 discrimination. Where the facts alleged in a housing discrimination complaint
					 support a claim of retaliation, harassment, or any other claim over which the
					 department has jurisdiction, the department shall construe the complaint to
					 include those claims within the scope of the discrimination claim, regardless
					 of whether such other claims are expressly stated. Likewise, where the facts
					 alleged in a harassment complaint support a claim of discrimination,
					 retaliation, or any other claim over which the department has jurisdiction, the
					 complaint shall be construed to include those claims within the scope of the
					 harassment claim, regardless of whether such other claims are expressly
					 stated.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12920,
						12921(b),
						12930(f)(1)-(2),
						12960(b),
						12980(a)
						and
						12993(a),
						Government Code.
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 10037 - Filing a Housing Discrimination Complaint with the Department Alleging a Violation of the Unruh Civil Rights Act (CIV. Code, Section 51 et seq.), Ralph Civil Rights Act (CIV. Code, Section 51.7), or Disabled Persons Act (CIV. Code, Section 54 et seq.)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person claiming to be aggrieved by an alleged violation of the Unruh Civil
				  Rights Act (Civ. Code, §
										51 et seq.), Ralph Civil Rights Act
				  (Civ. Code, §
										51.7) or Disabled Persons Act (Civ.
				  Code, §
										54 et seq.) may file a
				  pre-complaint inquiry for investigation with the department. The department's
				  procedures for processing employment discrimination complaints set forth in
				  these regulations also shall apply to housing discrimination complaints
				  alleging a violation of the Unruh Civil Rights Act, Ralph Civil Rights Acts or
				  Disabled Persons Act (unless the complaint also alleges housing discrimination
				  over which HUD has concurrent jurisdiction), except that the department shall
				  not issue a right-to-sue notice.
(b) Any Unruh Civil Rights Act, Ralph Civil
				  Rights Act or Disabled Persons Act complaint filed with the department that
				  alleges an unlawful housing practice over which HUD has concurrent jurisdiction
				  shall be processed by the department in the manner set forth in these housing
				  regulations.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (a) filed 10-27-2014 as an
					 emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 4-27-2015 or emergency language will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed
					 6-2-2015 (Register 2015, No. 23).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						52(f)
						and
						54.3(b),
						Civil Code; and Sections
						12930(f)(2),
						12948,
						12955(d)
						and
						12980(a),
						Government Code.
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 10039 - Priority Intake

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The following may be given priority for the purpose of scheduling an intake
				  appointment for a housing discrimination complaint:
(1) a person whose statute of limitations
				  would run in thirty (30) days or less;
(2) a person alleging a failure to rent where
				  the desired unit is still available;
(3) a person facing an impending and
				  allegedly discriminatory eviction where action by the department may delay the
				  eviction;
(4) a person who is
				  terminally ill;
(5) a homeless
				  person or a person at risk of institutionalization;
(6) a person complaining about conduct that,
				  if proven, would constitute a violation of the Ralph Civil Rights Act;
				  and/or
(7) any other person whose
				  situation warrants a priority intake in the department's
				  discretion.
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 10040 - Testing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Department
				  staff may conduct a telephone test during the intake of a housing
				  discrimination complaint, before a complaint is filed, to test for
				  discriminatory selection practices without identifying themselves or the
				  purpose of their inquiry.
(b) No
				  test shall be conducted by department staff in connection with a housing
				  discrimination complaint after the department files the complaint.
(c) Following the filing of a complaint of
				  discrimination, department staff shall not contact a respondent without
				  identifying himself or herself and stating whether the contact is for the
				  purpose of investigation or conciliation.
(d) If testing is desired by the department
				  after a complaint is filed, a test may be conducted by a fair housing
				  agency.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12985,
						Government Code; Havens Realty Corp. v. Coleman (1982)
						455 U.S.
						363 [102 S.Ct. 1114, 71 L.Ed.2d 214]; and
						Inland Mediation Bd. v. City of Pomona (C.D. Cal 2001) 158 F.Supp.2d
						1120.
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 10041 - Drafting Housing Discrimination Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the exception of HUD-generated
				  complaints, the department shall draft the language of each housing
				  discrimination complaint filed with the department on a complaint form
				  prescribed by the department. The complaint shall contain all the information
				  identified in section
				  12980(a)
				  of the Government Code, and section
				  10038 of these regulations, and set
				  forth the allegations in ordinary and concise language of the department's
				  choosing, identifying the following in the body of the complaint:
(1) the protected basis or bases for the
				  complaint;
(2) all relevant facts,
				  including pertinent dates, that indicate a causal connection between the
				  protected basis and the act of discrimination alleged;
(3) the reason or reasons the housing
				  provider gave the complainant to explain why the housing benefit was denied;
				  and
(4) the sections of the
				  Government or Civil Code alleged to have been violated.
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 10042 - Written Statement or Correspondence as Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the statute of limitations would
				  expire before an intake interview could be scheduled and completed for a
				  housing discrimination complaint, the department may promptly initiate and
				  conduct an intake interview by phone, without an appointment, or waive the
				  intake process and accept a complaint for investigation using a written
				  statement or correspondence from the complainant verified under penalty of
				  perjury. As long as the written statement or correspondence satisfies all the
				  requirements set forth in section
				  12980(a)
				  of the Government Code, alleges a claim or claims over which the department has
				  jurisdiction, and the statutory deadline to file with the department is
				  imminent, the department may accept such a written statement or correspondence
				  as a complaint for filing purposes.
(b) The department may accept a statement
				  from a complainant's attorney as long as the complainant has verified the
				  statement of complaint or submits a verified statement authorizing the attorney
				  to verify the complaint on the complainant's behalf.
(c) When intake has been waived, an
				  investigator shall interview the complainant as soon as practicable after the
				  complaint is filed and file an amended complaint on the form prescribed by the
				  department. If, during the interview, the complainant presents new facts or
				  raises new issues not included in the original complaint, they may be included
				  in the amended complaint as long as the new facts and/or issues are based on or
				  relate back to the facts stated in the original complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (a) filed 10-27-2014 as an
					 emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 4-27-2015 or emergency language will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed
					 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (a),
					 repealer of subsection (b), subsection relettering and amendment of newly
					 designated subsection (b) filed 8-31-2017; operative 10-1-2017 (Register 2017,
					 No. 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						52(f)
						and
						54.3(b),
						Civil Code; and Sections
						12930(f)(1)-(2),
						12955(d)
						and
						12980(a),
						Government Code.
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 10043 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Repealer and reservation of section filed 8-31-2017;
					 operative 10-1-2017 (Register 2017, No. 35).
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 10044 - HUD-Generated Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All complaints filed with HUD that HUD refers to the
					 department for investigation shall be directed to the department's housing
					 unit. Provided all jurisdictional requirements are met, HUD-generated
					 complaints shall immediately be assigned a department case number. A separate
					 intake interview typically will not be conducted by the department before
					 filing a HUD-generated complaint. Notwithstanding the foregoing, all other
					 procedures applicable to housing discrimination complaints filed initially with
					 the department shall apply to complaints filed initially with HUD, which HUD
					 refers to the department for investigation.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment filed 8-31-2017; operative 10-1-2017 (Register
					 2017, No. 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1)
						and
						12980(a),
						Government Code.
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 10045 - Department-Generated Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall refer to HUD for
				  dual-filing all filed housing discrimination complaints not generated by HUD
				  unless HUD lacks jurisdiction over the alleged discriminatory housing practice
				  or the housing accommodation at issue. Unless otherwise directed by HUD, the
				  responsibility for investigating complaints initially filed with the department
				  that HUD accepts for dual-filing shall remain with the department.
(b) The department shall not accept
				  complaints where the same protected bases, discriminatory acts, and allegations
				  are or have been included in a complaint the complainant previously filed with
				  HUD against the same respondent(s).
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1)
						and
						12980(a),
						Government Code.
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 10046 - Director's Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director, in his or her discretion,
				  may make, verify, and file a housing discrimination complaint that satisfies
				  all the requirements of Government Code section
				  12980(a)
				  and section
				  10041 of these
				  regulations.
(b) The director, in
				  his or her discretion, may file a complaint on behalf and as representative of
				  a group or class of persons adversely affected, in a similar manner, by an
				  alleged unlawful housing practice.
(c) Receipt of an individual complaint
				  alleging a pattern of discrimination, or a request or referral from a source
				  outside the department, including but not limited to other state or federal
				  agencies, may result in the filing of a director's complaint.
(d) Factors for determining whether to file a
				  director's complaint include, but are not limited to:
(1) whether the respondent is large enough
				  such that the anticipated remedy would impact a large number of persons;
				  and/or
(2) whether the complaint
				  allegations address an important legal issue in an area where the department
				  seeks to establish case law; and/or
(3) whether resolution of the complaint would
				  impact civil rights in a manner consistent with the department's
				  mission.
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 10047 - Class or Group Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director or an aggrieved person may
				  file a housing discrimination complaint with the department on behalf of a
				  group or class of persons adversely affected, in a similar manner, by an
				  alleged unlawful housing practice.
(b) When an aggrieved person wishes to file a
				  class complaint, the department shall obtain the following additional
				  information, to the extent available, from the person at intake:
(1) details regarding the manner in which the
				  alleged unlawful housing practice has adversely affected other persons;
				  and
(2) the name, address,
				  telephone number, e-mail address, and protected status of each person besides
				  the complainant adversely affected by the practice.
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 10048 - Retaliation Complaints - Special Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When retaliation is included among the
				  allegations a complainant makes at intake, and the department has determined
				  that it will accept the complainant's claims for investigation, all
				  allegations, including retaliation, shall be combined in one
				  complaint.
(b) When retaliation is
				  alleged after a complaint has already been filed with the department, and the
				  department has determined that it will accept the retaliation claim for
				  investigation, the department shall file a separate retaliation complaint,
				  except as follows:
(c) If the
				  one-year statute of limitations has run and the alleged retaliatory conduct is
				  the same conduct complained of in the original complaint (e.g., termination of
				  lease) for which another discriminatory basis was originally alleged (e.g.,
				  request for reasonable accommodation), the department shall amend the original
				  complaint instead of taking a separate complaint.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)(1),
						12955.7,
						12980(a)
						and
						12980(c),
						Government Code.
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 10051 - Effect of Prior Waiver Agreement/Release of All Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where all other jurisdictional
				  requirements have been met for filing a housing discrimination complaint with
				  the department, the department shall accept a complaint where a complainant
				  presents a signed waiver agreement or release of all claims at intake. The
				  investigation shall initially focus on obtaining information necessary to
				  determine whether the complainant has validly waived the complainant's right to
				  file a complaint with the department. Such information shall include, but not
				  be limited to:
(1) a description of all
				  benefits received in exchange for signing the waiver;
(2) the amount of time the complainant was
				  given to consider the waiver before signing;
(3) whether the complainant was given the
				  opportunity to seek legal counsel before signing;
(4) whether the complainant sought legal
				  advice before signing;
(5) the
				  conditions under which the waiver was signed (e.g., whether the waiver was
				  signed in a non-coercive atmosphere); and
(6) whether the waiver was presented in a
				  language understood by the complainant and/or whether interpretative services
				  were provided.
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 10052 - Complaints Taken After Expiration of Statute of Limitations Due to Department Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The one-year statute of limitations for filing a housing
					 discrimination complaint with the department may be tolled in cases where the
					 department misleads the complainant about filing obligations, commits errors in
					 processing the complaint, or improperly discourages or prevents the complainant
					 from filing at all.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12980(a),
						Government Code; and Dept. Fair Empl. & Hous. v. Cairo (Jan. 6, 1984) No.
						84-04, FEHC Precedential Decs.1984-85, CEB 3 [1984 WL 54284
						(Cal.F.E.H.C.)].
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 10053 - Service of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall initiate service
				  upon all respondents named in a verified housing discrimination complaint
				  within ten (10) working days after the complaint is filed.
(b) The date of service is the date the
				  complaint is placed in the mail (certified mail only) or personally delivered
				  to the respondent.
(c) All
				  department service documents shall be clearly marked "PERSONAL AND
				  CONFIDENTIAL: TO BE OPENED BY ADDRESSEE OR DESIGNATE ONLY."
(d) If a complaint sent via certified mail to
				  a respondent's correct last known address is returned as undeliverable, or if
				  the respondent refused service, the department shall promptly initiate steps to
				  re-serve the complaint including, but not limited to, personal service of the
				  verified complaint.
(e) The
				  department may forego serving by certified mail and promptly initiate personal
				  service whenever the circumstances warrant.
(f) The department shall allow a complainant
				  to rescind a verified complaint prior to service and if a complaint is
				  rescinded, the department will not serve the complaint. Complainant must submit
				  a signed written verification that they are requesting to rescind a complaint
				  prior to service and acknowledge they understand the complaint will not be
				  investigated. Should they wish to proceed with it, they would have to submit a
				  new pre-complaint inquiry.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. New subsection (f) filed 10-27-2014 as an emergency;
					 operative 10-27-2014 (Register 2014, No. 44). A Certificate of Compliance must
					 be transmitted to OAL by 4-27-2015 or emergency language will be repealed by
					 operation of law on the following day.
3. Certificate of Compliance
					 as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed 6-2-2015
					 (Register 2015, No. 23).
4. Amendment of subsection (c) filed
					 8-31-2017; operative 10-1-2017 (Register 2017, No.
					 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12986,
						Government Code.
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 10054 - Amending Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may amend an open housing
				  discrimination complaint to:
(1) add bases or
				  allegations for which the statute of limitations has not run;
(2) add or delete facts or change the wording
				  of a complaint;
(3) cure technical
				  defects or omissions, including correcting a case number, address, or name of a
				  party;
(4) add new bases,
				  respondents, or complainants after the expiration of the one-year statute of
				  limitations where the amendment either relates back to the same material facts
				  set forth in the original complaint, or the original complaint contains
				  language that specifically references or identifies the bases, respondents, or
				  complainants to be added;
(5) add
				  an allegation of retaliation after the one-year statute of limitations has run
				  where the alleged retaliatory conduct is the same conduct complained of in the
				  original complaint (e.g., termination of lease) for which another
				  discriminatory basis was originally alleged (e.g., request for reasonable
				  accommodation).
(6) add class or
				  group allegations to an individual complaint and pursue the complaint as a
				  class or group complaint.
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 10055 - Response to Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless granted an extension by the
				  department, a response to a housing discrimination complaint filed with the
				  department shall be provided to the department within twenty (20) days of
				  service of the complaint, except as follows: The requirement to provide a
				  response shall be temporarily suspended for any complaint referred to the
				  department's mediation division.
(b) No response to the complaint is required
				  while the complaint is pending in mediation. However, unless granted an
				  extension by the department, a response shall be provided to the department no
				  later than twenty-one (21) days after the date the department notifies the
				  respondent that a response is due because mediation was declined or was
				  unsuccessful. After the complaint is returned for investigation, the
				  enforcement division shall in writing notify the respondent or, if the
				  respondent is represented, the respondent's attorney, of the exact date the
				  response is due.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12986,
						Government Code.
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 10056 - Conciliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Conciliation
				  efforts undertaken by the department's enforcement division may include
				  post-investigation conciliation and/or settlement conferences as well as
				  pre-determination settlement negotiations. Whenever a complainant or respondent
				  is represented by an attorney or advocacy organization, enforcement staff shall
				  communicate with the party's attorney or advocate regarding
				  settlement.
(b) Pre-determination
				  settlement (PDS) negotiations are confidential; however, any settlement
				  agreement entered into as a result of PDS negotiations that is signed by the
				  department, as well as the terms of settlement, are not confidential.
(c) If the department determines after
				  investigation that a preponderance of evidence exists to prove a complaint's
				  allegations, both the complainant and respondent, as well as their respective
				  attorney or advocate, if any, shall be invited to participate in a conciliation
				  or mediation conference on equal terms.
(d) Everything that transpires at a
				  post-investigation conciliation conference shall be kept confidential, except
				  as follows:
(1) issues established as fact
				  during the investigation;
(2) any
				  settlement agreement signed by the department; and/or
(3) new facts presented by the respondent at
				  the conciliation conference that cause the department to re-evaluate the case
				  and determine not to file a civil action. A respondent providing such
				  information at a conciliation conference shall authorize the department to use
				  the information to close the case.
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 10058 - Complaint Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After any housing discrimination
				  complaint alleging facts sufficient to constitute a violation of the FEHA is
				  filed, the department shall initiate prompt investigation thereof.
(b) Where it is disputed or unclear that the
				  department has jurisdiction over a particular respondent or allegation, the
				  investigation shall initially focus on obtaining the information and documents
				  necessary to determine whether the department has jurisdiction.
(c) During the course of its investigation
				  the department may, but is not required to, issue and serve investigative
				  subpoenas, written interrogatories, and requests for production of books,
				  records and documents. If a person or entity fails to comply with a subpoena,
				  written interrogatories or requests for production of documents properly issued
				  and served by the department, after requesting compliance in writing and/or by
				  telephone, the department shall file a petition with the superior court, in
				  accordance with section
				  12963.5 of
				  the Government Code, to compel compliance with its investigative
				  discovery.
(d) The department shall
				  gather during the course of an investigation all relevant evidence necessary to
				  determine whether an unlawful housing practice has occurred.
(e) The department shall prioritize early in
				  the investigative process complex cases and cases that appear to have merit to
				  better allocate the department's resources.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(f)-(g),
						12963-
						12963.5
						and
						12980(c),
						Government Code.
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 10059 - Investigative Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the course of an investigation,
				  the department may issue and serve upon a person, corporation, partnership,
				  association, public entity, or other organization a subpoena to require the
				  attendance and testimony of a witness by deposition or other investigative
				  proceeding or means including, without limitation, an investigative
				  interview.
(b) "Investigative
				  interview" means an in-person or telephonic interview of a witness, which the
				  enforcement division conducts during the investigation of a complaint.
				  Investigative interviews are distinct from investigative depositions. Witnesses
				  examined by the department pursuant to a subpoena for an investigative
				  interview need not be placed under oath and their testimony need not be
				  recorded by stenographic or other means. Objections, if any, made at the time
				  of an investigative interview need not be recorded, and evidence objected to
				  may be considered by the department in its investigation notwithstanding any
				  objection.
(c) A subpoena for an
				  investigative interview or deposition, or other investigative proceeding, also
				  may require the production of books, records, documents, and physical materials
				  in the possession of, or under the control of, the person or organization named
				  on the subpoena.
(d) Service of a
				  subpoena for an investigative interview or deposition, or other investigative
				  proceeding, shall be made so as to allow the individual or organization named
				  on the subpoena reasonable time for compliance. In no event shall an
				  investigative subpoena indicate a date for appearance or compliance that is
				  less than fifteen (15) days after the date service of the subpoena is
				  completed.
(e) No person named on a
				  subpoena for investigative interview or deposition, or other investigative
				  proceeding, shall be obliged to attend as a witness before the department at a
				  place out of the county in which that person resides, unless the distance is
				  less than 150 miles from the person's place of residence or good cause exists
				  to require attendance of the witness at greater distance. Each witness who has
				  appeared pursuant to an investigative subpoena shall, upon demand, be paid by
				  the department the same fees and mileage allowed by law to witnesses in civil
				  cases.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(g),
						12963.1,
						12963.4
						and
						12980(c),
						Government Code.
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 10060 - Investigative Requests for Production and Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the course of an investigation,
				  the department may issue and serve requests for production for inspection and
				  copying of books, records, documents, and physical materials including, but not
				  limited to, land or other commercial or real property such as worksites or
				  housing accommodations, and electronically stored information in the possession
				  or under the control of a person or organization. A request for production may
				  be issued and served on the same persons and organizations and in the same
				  manner as subpoenas may be issued and served by the department under section
				  12963.1 of
				  the Government Code.
(b) A request
				  for production shall identify with reasonable particularity the things that are
				  to be inspected and specify a reasonable time, place, and manner of making the
				  inspection, performing the copying, or producing copies of the requested books,
				  records, documents, and physical materials.
(c) Within fifteen (15) days after service of
				  a request for production or such longer time as the department may agree to,
				  the recipient of the request shall serve on the department a written response
				  to each item requested, either stating that inspection and copying shall be
				  permitted as requested or objecting to the request and stating the grounds of
				  the objection. Unless a request for production is objected to, the recipient of
				  the request shall comply with the department's requests and permit inspection
				  and copying, or produce copies of the requested books, records, documents, and
				  physical materials, within thirty (30) days after service of the department's
				  requests for production, or such longer time as the department may agree
				  to.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12930(g),
						12963.1,
						12963.4
						and
						12980(c),
						Government Code.
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 10061 - Priority Case Processing/Case Grading System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall prioritize
				  investigation of the following housing discrimination complaints:
(1) a complaint alleging a failure to rent
				  where the desired unit is still available;
(2) a complaint filed by a person facing an
				  impending and allegedly discriminatory eviction where action by the department
				  may delay the eviction;
(3) a
				  complaint filed by a homeless person or a person at risk of
				  institutionalization;
(4) a
				  complaint alleging a violation of the Ralph Civil Rights Act;
(5) a complaint filed by a terminally ill
				  complainant; (3) a complaint alleging retaliation occurring within
				  one-hundred-eighty (180) days of the complainant filing a prior complaint of
				  discrimination with the department or participating in a FEHA-related
				  investigation, hearing or court process; (4) any other complaint investigation
				  that warrants priority in the department's discretion.
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 10062 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (c) filed 10-27-2014 as an
					 emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 4-27-2015 or emergency language will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed
					 6-2-2015 (Register 2015, No. 23).
4. Repealer and reservation of
					 section filed 8-31-2017; operative 10-1-2017 (Register 2017, No.
					 35).
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 10063 - Civil Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If, after investigation, it is determined by the department that discrimination
				  has occurred or is about to occur, and the alleged violation has not been
				  remedied through conference, conciliation, mediation, or persuasion, or
				  otherwise, the director shall file a civil action in the name of the
				  department.
(b) An action may be
				  filed, if at all, only after the department has required mandatory dispute
				  resolution.
(c) In making the
				  determination whether discrimination has occurred or is about to occur, the
				  department shall consider whether the facts concerning the alleged
				  discriminatory housing practice are sufficient to warrant the initiation of a
				  civil action. Factors considered by the department in making such a
				  determination include, but are not limited to:
(1) the strength and sufficiency of the
				  evidence of unlawful conduct; and
(2) the likelihood of prevailing on the
				  merits at hearing or trial.
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 10064 - Notice of Case Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever a complaint of housing discrimination is withdrawn by the complainant
				  or dismissed by the department, the department shall promptly notify the
				  complainant and respondent of the case closure, and the reason for closure, in
				  writing. The department also shall provide the complainant a list of resources
				  for filing a civil complaint in small claims court or locating private
				  counsel.
(b) When closing a
				  complaint dual-filed with HUD, the department shall satisfy all reporting
				  requirements arising from the department's work-sharing agreement with
				  HUD.
(c) The department shall not
				  issue a right-to-sue notice upon the closure of a housing discrimination
				  complaint unless HUD requires the issuance of a right-to-sue notice before an
				  aggrieved party may file a civil action in court alleging housing
				  discrimination.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Sections
						12971,
						12980(a)
						and
						12980(c),
						Government Code.
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 10065 - Departmental Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person who wishes to appeal the department's decision to reject a complaint
				  or close a case may appeal to the director, or to the director's designee,
				  within 10 days following notification of the department's decision. The appeal
				  shall set forth specifically and in full detail the grounds upon which the
				  appealing party considers the department's determination to be unjust or
				  unlawful, and every issue to be considered by the director or the director's
				  designee. The director or the director's designee may consider any issue
				  relating to the initial decision and may modify, affirm, or reverse the
				  decision, including by reopening the investigation. The director's designee in
				  responding to appeals shall be a person who does not directly supervise the
				  department employee who made the initial decision to reject a complaint or
				  close a case. The decision of the director or the director's designee is final
				  and may not be appealed to any other department employee, officer, or other
				  individual delegated any function, power, or duty of the department.
(b) When an appeal is completed after the
				  statutory time limit and the department has determined that discrimination has
				  occurred or is about to occur, the department shall schedule a conciliation or
				  mediation conference.
(c) Any
				  concerns regarding the handling of an open complaint shall be directed to the
				  district administrator or, if there is no district administrator, the regional
				  administrator of the office where the complaint is being
				  investigated.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
2. Amendment of subsection (n) filed 10-27-2014 as an
					 emergency; operative 10-27-2014 (Register 2014, No. 44). A Certificate of
					 Compliance must be transmitted to OAL by 4-27-2015 or emergency language will
					 be repealed by operation of law on the following day.
3. Certificate
					 of Compliance as to 10-27-2014 order transmitted to OAL 4-20-2015 and filed
					 6-2-2015 (Register 2015, No. 23).
4. Amendment filed 8-31-2017;
					 operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Reference: Sections
						52(f)
						and
						54.3(b),
						Civil Code; and Sections
						12965,
						12971,
						12980(a),
						12980(c),
						12981(a)
						and
						12981.1,
						Government Code.
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 10066 - Substantial Equivalence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of the FEHA affording remedies to victims of
					 housing discrimination shall be construed to afford the same remedies as those
					 afforded under the federal Fair Housing Amendments Act of 1988 (42 U.S.C. §
											3601 et seq.) and its implementing
					 regulations (24 CFR Parts 100 et seq.), unless those afforded by the FEHA are
					 greater.
1. New
					 section filed 9-7-2011; operative 10-7-2011 (Register 2011, No.
					 36).
Note: Authority cited: Section
						12930(e),
						Government Code. Reference: Section
						12955.6,
						Government Code; Broadmoor San Clemente Homeowners Assn. v. Nelson (1994) 25
						Cal.App.4th 1, 7-8 [30 Cal.Rptr.2d 316];
						42 U.S.C. §
													3601 et seq.; and 24 CFR Parts 100 et
						seq.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 1 - Procedures of the Civil Rights Department › Subchapter 3 - Office of Compliance Programs › Article 1 - OCP Review Procedures › Section 10250 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article sets forth the review procedures to be
						followed by OCP in implementing subchapter 5 of chapter 5.
1. New
						chapter 1, subchapter 3, renumbering of former chapter 5, subchapter 2, article
						4 (sections
						11133-11136) to new chapter 1,
						subchapter 3, article 1 (sections
						10250-10253) and renumbering and
						amendment of former section
						11133 to new section
						10250 filed 12-9-2015; operative
						4-1-2016 (Register 2015, No. 50).
Note: Authority cited: Sections
						  12935(a)
						  and
						  12990(d),
						  Government Code. Reference: Section
						  12990,
						  Government Code.