Cal. Code Regs. Tit. 2, § 10047 - Class or Group Complaints
(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.
(c) The class complaint shall state that the
person is making the complaint on his or her behalf and on behalf of all others
who have been, are, or will in the future be similarly aggrieved, or words to
that effect.
(d) When a class
complaint is accepted for filing, the department shall inform the complainant
that, even though class language has been included in the complaint, the
department shall later determine whether the complaint will be investigated as
a class or group complaint, and inform the complainant of the decision in
writing. If the department later determines that neither a class nor group
complaint will be pursued, the department may investigate the complaint as an
individual complaint if circumstances warrant.
(e) Factors the department considers when
determining whether to investigate a complaint as a class or group complaint
include, but are not limited to:
(1) whether
the alleged unlawful practice or its adverse effects can be articulated as
being group or class based; and/or
(2) whether it would be more efficient for
the department to investigate a complaint on a class or group basis rather than
to investigate multiple single complaints filed by individual complainants;
and/or
(3) whether the respondent
is a large housing provider in the community or statewide, or the complaint
addresses an issue that is unique, critical to the development of the law, or
important to the community.
(f) The department shall notify the
respondent in writing within one year after the filing of a complaint when the
department determines that a complaint shall be investigated as a class or
group complaint. Any such writing also will be served on the
complainant.
(g) For any complaint
treated by the department as a class or group complaint for purposes of
investigation, conciliation, and civil action, a civil action shall be filed,
if at all, within two years after the filing of the complaint.
(h) When a complaint is pursued as a class or
group complaint, the department shall provide the complainant written notice
that the class or group designation extends the investigation period one
year.
(i) The director, in his or
her discretion, may determine whether a director's complaint also shall be
filed and pursued in conjunction with a class or group complaint.
Notes
2. Amendment of subsection (g) 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 12930(f)(1), 12961, 12965(a), 12980(a) and 12980(c), Government Code.
2. Amendment of subsection (g) filed 10-27-2014 as an emergency; operative
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