Cal. Code Regs. Tit. 2, § 10051 - Effect of Prior Waiver Agreement/Release of All Claims
(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.
(b) Where
a respondent produces a signed waiver agreement or release of all claims during
an investigation, the department shall promptly obtain 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, the information identified in section
10051(a) of these
regulations.
(c) The department
shall close any case where it has been determined that a complainant has
validly waived the complainant's right to file a complaint with the department
unless the department determines that:
(1) the
complaint alleges an unlawful systemic policy or practice that adversely
affects a large number of tenants or applicants;
(2) an anticipated affirmative remedy would
impact a large number of tenants or applicants, or an entire industry, in a
manner consistent with the department's mission; and/or
(3) the complaint allegations address an
important legal issue in an area where the department seeks to establish case
law.
Notes
2. Amendment of subsections (a), (b) and (c) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12920, 12930(f)(1), 12980(a) and 12980(c), Government Code.
2. Amendment of subsections (a), (b) and (c) filed 8-31-2017; operative
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