§ 10038. Intake.
2 CA ADC § 10038BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 4.1. Department of Fair Employment and Housing
Chapter 1. Procedures of the Department of Fair Employment and Housing
Subchapter 2. Housing Discrimination Complaints
2 CCR § 10038
§ 10038. Intake.
(a) To determine whether the department has jurisdiction over the conduct about which a person seeks to complain, or the respondent against whom a person seeks to file, the department shall screen pre-complaint inquiries filed for investigation by conducting an intake interview.
(b) The department will provide persons who file a pre-complaint inquiry with confirmation of the receipt of their inquiry. The department will contact persons who have filed a pre-complaint inquiry to conduct or schedule an intake interview.
(c) Persons for whom an intake appointment has been made should prepare to provide the department, where relevant, with the following information at the intake interview:
(1) the name and, where available, address, telephone number, and e-mail address of the person who seeks to file the complaint;
(2) the name and, where available, address, telephone number, and e-mail address of any other adults who sought housing with the person or who reside or would have resided with the person in the housing accommodation at issue;
(3) the names and ages of any children who sought housing with the person or who reside or would have resided with the person in the housing accommodation at issue;
(4) the name and, where available, address, telephone number, and e-mail address of the person or entity against whom the person seeks to file a complaint (“respondent”);
(5) whether the respondent is an owner, manager, developer, management company, real estate broker, lending institution or other entity;
(6) the address and, if applicable, name of the property where the housing accommodation was sought;
(7) whether the desired housing accommodation was a single family home or an apartment; if an apartment, the number of units at the location;
(8) each protected basis upon which the discriminatory conduct about which the person wishes to complain was based;
(9) the discriminatory conduct or treatment the person experienced and the date or dates such discriminatory conduct or treatment occurred;
(10) for retaliation complaints, the protected activity in which the person engaged and the date of the protected activity;
(11) the reason the person believes the conduct experienced was discriminatory and, if applicable, the name, address, telephone number, and e-mail address of any tenant, applicant, or homebuyer the person believes was treated more favorably;
(12) the name, address, telephone number, and e-mail address of each person believed to have relevant information regarding the complaint of housing discrimination;
(13) whether the person has filed the same complaint with HUD;
(14) the name, address, telephone number and e-mail address of any other agency, organization, or group with which the person has filed the same complaint of discrimination;
(15) whether a civil complaint alleging the same unlawful housing practice(s) has been filed and, if so, a copy of the complaint;
(16) the following additional information may be relevant in complaints alleging refusal or denial to show, rent, lease, sell or finance a housing accommodation:
A. how information about the vacancy or sale was obtained;
B. the terms of the sale, rental, or financing sought;
C. whether an application was submitted and, if so, the submission date;
D. if an application was not submitted, the reason no application was submitted;
E. the date of the denial or refusal;
F. the reason given for the denial or refusal;
G. the name address, telephone number, e-mail address and title of the person who made the denial or refusal;
H. whether a lease or contract was signed and, if so, a copy of the lease or contract;
I. the name, telephone number, and e-mail address of the person or persons who obtained the housing accommodation sought, if known;
(17) the following additional information may be relevant in complaints alleging a discriminatory eviction:
A. date of initial notice;
B. date required to vacate;
C. whether the person has been served a Notice of Unlawful Detainer and, if so, the date of the notice and the court date;
D. the reason or reasons given for the eviction; and
E. the name, address, telephone number, and e-mail address of others who have been evicted.
(d) The department shall liberally construe the facts alleged by a potential complainant when evaluating whether to accept a complaint.
(e) Notwithstanding the foregoing, the department shall only accept a complaint where:
(1) The conduct alleged, if proven, would violate a law the department enforces.
(2) The statute of limitations has not run. For complaints alleging a continuing violation, the most recent act of harm alleged shall have occurred within the applicable limitations period. Where there is doubt about whether the statute of limitations has run, the complaint shall be taken by the department and the issue of timeliness investigated and analyzed during the investigation.
(3) Each named respondent is an entity or person over whom the department has jurisdiction under the laws the department enforces. Where there is doubt about whether the department has jurisdiction over a particular respondent, the complaint shall be taken by the department and the issue of jurisdiction investigated and analyzed during the investigation.
(f) At the conclusion of the intake interview, complainants with claims over which another state agency may have jurisdiction shall be advised accordingly and provided referral information, regardless of whether the department also has jurisdiction over some or all of a complainant's claims.
(g) 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 the department or HUD against the same respondent(s).
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)-(2), 12955(d) and 12980(a), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsections (a)-(b), new subsection (c), repealer of subsection (d) and relettering and amendment of former subsection (c) as subsection (d) 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, including amendment of subsections (b) and (c), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Repealer of subsections (b) and (e), subsection relettering and amendment of newly designated subsections (c), (c)(16) and (c)(17) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).
This database is current through 1/14/22 Register 2022, No. 2
2 CCR § 10038, 2 CA ADC § 10038
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