Cal. Code Regs. Tit. 2, § 10041 - Drafting Housing Discrimination Complaints
(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.
(b) The department may omit a complainant's
address, telephone number, and e-mail address on any complaint alleging that
the complainant has been subjected to violence or threats of violence
including, but not limited to, sexual assault.
(c) The department shall liberally construe
the facts alleged by a complainant when drafting a complaint of housing
discrimination and include all relevant claims supported by the alleged facts.
Once drafted, a complaint may be verified by a complainant in person or sent to
the complainant for verification via U.S. mail, facsimile transmission, e-mail,
or other electronic means. When requested in writing by an attorney or advocacy
organization representing the complainant, the drafted complaint shall be sent
to the attorney or advocacy organization to obtain the complainant's
verification.
(d) The filing date
of a complaint shall be the date a DFEH office receives a verified complaint,
regardless of whether the complaint is verified by the complainant in the
office or the complaint is verified elsewhere and transmitted to the office via
United States (U.S.) mail, electronically, private carrier mail (e.g., FedEx),
facsimile, or hand delivery. Where a complainant cannot verify a complaint for
investigation before the applicable statute of limitations runs, the department
shall file the unverified complaint and accept it as received before the
statute of limitations runs. Notwithstanding the foregoing, the department
shall obtain a verified complaint before it is served.
(e) No complaint may be filed after the
expiration of one year from the date upon which the alleged unlawful practice
occurred, except that this period may be extended as set forth in section
10052 of the department's
regulations.
(f) Any complainant,
complainant's attorney, or advocacy organization may propose modifications to
the unverified complaint. The department shall consider the proposed
modifications and, if accepted, draft a new complaint which may be verified by
the complainant in person or sent to the complainant for verification. When
requested by an attorney or advocacy organization representing the complainant,
the modified complaint shall be sent to the attorney or advocacy organization
for review and to obtain the complainant's verification. When modifications are
not accepted, the department shall in writing notify the complainant and the
complainant's attorney or advocacy organization, if any, of the reasons for
rejection and send to the complainant via U.S. mail, facsimile transmission,
e-mail, or other electronic means another copy of the original complaint for
verification.
Notes
2. Amendment of subsection (a), new subsections (d)-(e), subsection relettering and amendment of NOTE 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 subsections (c), (d) and (f) 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)-(b), Government Code.
2. Amendment of subsection (a), new subsections (d)-(e), subsection relettering and amendment of Note filed 10-27-2014 as an emergency; operative
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 subsections (c), (d) and (f) filed 8-31-2017; operative
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