Home Table of Contents

§ 10047. Class or Group Complaints.

2 CA ADC § 10047BARCLAYS 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 § 10047
§ 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.
Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12930(f)(1), 12961, 12965(a), 12980(a) and 12980(c), Government Code.
HISTORY
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
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).
This database is current through 7/22/22 Register 2022, No. 29
2 CCR § 10047, 2 CA ADC § 10047
End of Document