Cal. Code Regs. Tit. 2, § 10061 - Priority Case Processing/Case Grading System

(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.

(b) In addition to the foregoing, to better allocate the department's resources, the department shall identify any housing discrimination complaint filed for investigation that are likely meritorious. The department shall designate such complaints as priority complaints and process them in the same manner as other priority complaints. At its discretion, the department's legal division may later designate a priority complaint as a high priority complaint, depending upon its strength and potential for impact.

(c) The department shall designate all other housing discrimination complaints filed for investigation as standard complaints, which the department shall investigate.

(d) Such designations shall continually be re-evaluated by the department throughout the investigative process, particularly after a response to the complaint is received and analyzed. Thus, a complaint initially designated a standard complaint later could be designated a priority complaint upon receipt and evaluation of additional evidence. Likewise, a complaint originally designated a priority complaint could be designated a standard complaint after reevaluation.

(e) When the department considers whether a complaint is a priority or a standard complaint, it will consider the sufficiency of the evidence supporting the alleged violation.

(f) At no time shall the department disclose to any person outside the department the case grade or designation assigned to any complaint.

Notes

Cal. Code Regs. Tit. 2, § 10061

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment 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 12963 and 12980(c), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment 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.