Article 2. Housing Discrimination of California Government Code >> Division 3. >> Title 2. >> Part 2.8. >> Chapter 7. >> Article 2.
This article governs the procedure for the prevention and
elimination of discrimination in housing made unlawful pursuant to
Article 2 (commencing with Section 12955) of Chapter 6.
(a) Any person claiming to be aggrieved by an alleged violation of
Section 12955, 12955.1, or 12955.7 may file with the department a
verified complaint in writing that shall state the name and address
of the person alleged to have committed the violation complained of,
and that shall set forth the particulars of the alleged violation and
contain any other information required by the department.
The filing of a complaint and pursuit of conciliation or remedy
under this part shall not prejudice the complainant's right to pursue
effective judicial relief under other applicable laws, but if a
civil action has been filed under Section 52 of the Civil Code, the
department shall terminate proceedings upon notification of the entry
of final judgment unless the judgment is a dismissal entered at the
complainant's request.
(b) The Attorney General or the director may, in a like manner,
make, sign, and file complaints citing practices that appear to
violate the purpose of this part or any specific provisions of this
part relating to housing discrimination.
No complaint may be filed after the expiration of one year from
the date upon which the alleged violation occurred or terminated.
(c) The department may thereupon proceed upon the complaint in the
same manner and with the same powers as provided in this part in the
case of an unlawful practice, except that where the provisions of
this article provide greater rights and remedies to an aggrieved
person than the provisions of Article 1 (commencing with Section
12960), the provisions of this article shall prevail.
(d) Upon the filing of a complaint, the department shall serve
notice upon the complainant of the time limits, rights of the
parties, and choice of forums provided for under the law.
(e) The department shall commence proceedings with respect to a
complaint within 30 days of filing of the complaint.
(f) An investigation of allegations contained in any complaint
filed with the department shall be completed within 100 days after
receipt of the complaint, unless it is impracticable to do so. If the
investigation is not completed within 100 days, the complainant and
respondent shall be notified, in writing, of the department's reasons
for not doing so.
(g) Upon the conclusion of each investigation, the department
shall prepare a final investigative report containing all of the
following:
(1) The names of any witnesses and the dates of any contacts with
those witnesses.
(2) A summary of the dates of any correspondence or other contacts
with the aggrieved persons or the respondent.
(3) A summary of witness statements.
(4) Answers to interrogatories.
(5) A summary description of other pertinent records.
A final investigative report may be amended if additional evidence
is later discovered.
(h) If a civil action is not brought by the department within 100
days after the filing of a complaint, or if the department earlier
determines that no civil action will be brought, the department shall
promptly notify the person claiming to be aggrieved. This notice
shall, in any event, be issued no more than 30 days after the date of
the determination or 30 days after the date of the expiration of the
100-day period, whichever date first occurs. The notice shall
indicate that the person claiming to be aggrieved may bring a civil
action under this part against the person named in the verified
complaint within the time period specified in Section 12989.1. The
notice shall also indicate, unless the department has determined that
no civil action will be brought, that the person claiming to be
aggrieved has the option of continuing to seek redress for the
alleged discrimination through the procedures of the department if he
or she does not desire to file a civil action. The superior courts
of the State of California shall have jurisdiction of these actions,
and the aggrieved person may file in these courts. The action may be
brought in any county in the state in which the violation is alleged
to have been committed, or in the county in which the records
relevant to the alleged violation are maintained and administered,
but if the defendant is not found within that county, the action may
be brought within the county of the defendant's residence or
principal office. A copy of any complaint filed pursuant to this part
shall be served on the principal offices of the department. The
remedy for failure to send a copy of a complaint is an order to do
so. In a civil action brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorney's
fees.
(i) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be made
public, unless otherwise agreed by the complainant and respondent,
and the department determines that the disclosure is not required to
further the purposes of the act.
(j) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be
agreements between the respondent and complainant, and shall be
subject to approval by the department.
(a) In the case of failure to eliminate a violation of
Section 12955, 12955.1, or 12955.7 that has occurred, or is about to
occur, through conference, conciliation, mediation, or persuasion, or
in advance thereof if circumstances warrant, the director shall
bring a civil action in the name of the department on behalf of the
aggrieved person as a real party in interest, notwithstanding Section
12971, in the same manner and with the same powers as provided in
Section 12965, except that where the provisions of this article
provide greater rights and remedies to an aggrieved person than
Section 12965, the provisions of this article shall prevail. Prior to
filing a civil action, the department shall require all parties to
participate in the department's mandatory dispute resolution division
free of charge to the parties in an effort to resolve the dispute
without litigation. A civil action alleging an unfair housing
practice shall be issued within 100 days after the filing of a
complaint unless it is impracticable to do so. The civil action shall
be filed in any county in the state in which the unlawful practice
is alleged to have been committed, in the county in which the records
relevant to that practice are maintained and administered, or in the
county in which the aggrieved person would have resided in the
housing accommodation. If the defendant is not found within that
county, the action may be filed in the county of the defendant's
residence or principal office. Any aggrieved person may intervene as
a matter of right in the proceeding, and the appeal or other judicial
review of that proceeding.
(b) If the department determines that an allegation concerns the
legality of any zoning or other land use law or ordinance, the
department or the Attorney General shall take appropriate action with
respect to the complaint according to the procedures established in
this part for other complaints of housing discrimination.
(c) Within one year of the effective date of every final order or
decision issued pursuant to this part, the department shall conduct a
compliance review to determine whether the order or decision has
been fully obeyed and implemented.
(d) Whenever the department has reasonable cause to believe that a
respondent has breached a conciliation agreement signed by the
department, the department shall initiate a civil action to enforce
the agreement.
The department shall not dismiss a complaint unless the
complainant withdraws the complaint or the department determines
after a thorough investigation that, based on the facts, no
reasonable cause exists to believe that an unlawful housing practice,
as prohibited by this part, has occurred or is about to occur.
The department at any time after a complaint is filed with
it and it has been determined that probable cause exists for
believing that the allegations of the complaint are true and
constitute a violation of this part, may bring an action in the
superior court to enjoin the owner of the property from taking
further action with respect to the rental, lease, or sale of the
property, as well as to require compliance with Section 12956, until
the department has completed its investigation and made its
determination; but a temporary restraining order obtained under this
section shall not, in any event, be in effect for more than 20 days.
In this action an order or judgment may be entered awarding the
temporary restraining order or the preliminary or final injunction in
accordance with Section 527 of the Code of Civil Procedure. In civil
actions brought under this section, the court, in its discretion,
may award to the department reasonable attorney's fees and costs,
including expert witness fees, when it is the prevailing party for
the purposes of the order granting temporary or preliminary relief.
Except as provided in Section 12980, all matters connected
with any conference, conciliation, or persuasion efforts under this
part are privileged and may not be received in evidence. Except as
provided in Section 12980, the members of the department and its
staff shall not disclose to any person what has transpired in the
course of such endeavors to conciliate. Every member of the
department or its staff who discloses information in violation of
this section is guilty of a misdemeanor. Such disclosure by an
employee subject to civil service shall be cause for disciplinary
action under the State Civil Service Act.
When a person is contacted by the department or a member of
the department's staff, following the filing of a complaint against
that person, the person shall be informed whether the contact is for
the purpose of investigation or conference, conciliation, persuasion,
or mediation, and if it is for conference, conciliation, persuasion,
or mediation, the person shall be informed that all matters relating
thereto are privileged and confidential.
The department shall within 10 days cause a copy of the
verified complaint that has been filed under the provisions of this
part to be served upon or mailed to the respondent alleged to have
committed the violation complained of and shall advise the respondent
in writing of his or her procedural rights and obligations. The
respondent may file an answer to the complaint.
The department may engage in affirmative actions with owners
in furtherance of the purpose of this part as expressed in Section
12920.
An aggrieved person may commence a civil action in an
appropriate court not later than two years after the occurrence or
the termination of an alleged discriminatory housing practice, or the
breach of a conciliation agreement entered into, whichever occurs
last, to obtain appropriate relief with respect to the discriminatory
housing practice or breach. The computation of the two-year period
shall not include any time during which an administrative proceeding
under this part was pending with respect to a complaint under this
part based upon the discriminatory housing practice or breach.
An aggrieved person may commence a civil action whether or not a
complaint has been filed under this part and without regard to the
status of any complaint. Any aggrieved person who is aggrieved with
respect to the issues to be determined in a civil action filed under
this part, may intervene in that civil action. However, if the
department has obtained a conciliation agreement with the consent of
an aggrieved person, no action may be filed under this part by the
aggrieved person with respect to the alleged discriminatory housing
practice that forms the basis for the complaint, except for the
purpose of enforcing the terms of the agreement.
An aggrieved person may not commence a civil action with respect
to an alleged discriminatory housing practice that forms the basis of
a civil action brought by the department.
In a civil action brought under Section 12981 or 12989.1,
if the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may award the plaintiff
actual and punitive damages and may grant other relief, including the
issuance of a temporary or permanent injunction, or temporary
restraining order, or other order, as it deems appropriate to prevent
any defendant from engaging in or continuing to engage in an
unlawful practice. In a civil action brought under this section, the
court may, at its discretion, award the prevailing party, including
the department, reasonable attorney's fees and costs, including
expert witness fees, against any party other than the state. If the
court finds that the defendant has engaged in an unlawful practice
under this part and is liable for actual or punitive damages any
amount due to the defendant by a state agency may be offset to
satisfy the court's final order or decision.
(a) Whenever the Attorney General has reasonable cause to
believe that any person or group of persons is engaged in a pattern
or practice of denying to others the full enjoyment of any of the
rights granted by this article, or that any group of persons has been
denied any of the rights granted by this article and that denial
raises an issue of general public importance, the Attorney General
shall commence a civil action in any court.
(b) Upon referral from the department, the Attorney General may
commence a civil action in any appropriate court for appropriate
relief with respect to a discriminatory housing practice referred to
the Attorney General by the department under subdivision (b) of
Section 12981.
(c) A civil action under this section may be commenced not later
than the expiration of 18 months after the date of the occurrence or
termination of the alleged discriminatory housing practice.
(d) The Attorney General shall commence a civil action in any
appropriate court for appropriate relief with respect to breach of a
conciliation agreement referred to the Attorney General by the
department. A civil action shall be commenced under this paragraph
not later than the expiration of 90 days after the referral of the
alleged breach.
(e) The Attorney General, on behalf of the department or other
party at whose request a subpoena is issued, under this article,
shall enforce that subpoena in appropriate proceedings in the court
for the judicial district in which the person to whom the subpoena
was addressed resides, was served, or transacts business.
(f) In a civil action under this section, the court may award any
of the following:
(1) Preventive relief, including a permanent or temporary
injunction, restraining order, or other order against the person
responsible for a violation of this title as is necessary to assure
the full enjoyment of the rights granted by this title.
(2) Other relief as the court deems appropriate, including
monetary damages to persons aggrieved.
(3) A civil penalty in an amount not exceeding fifty thousand
dollars ($50,000), for a first violation, and in an amount not
exceeding one hundred thousand dollars ($100,000), for any subsequent
violation.
(g) In a civil action under this section, the court, in its
discretion, may allow the prevailing party, reasonable attorney's
fees and costs, including expert witness fees, against any party
other than the state.
(h) Upon timely application, any person may intervene in a civil
action commenced by the Attorney General under this section that
involves an alleged discriminatory housing practice with respect to
which that person is an aggrieved person or a conciliation agreement
to which that person is a party. The court may grant appropriate
relief to any intervening party as is authorized to be granted to a
plaintiff in a civil action under Section 12989.2.