§ 10041. Drafting Housing Discrimination Complaints.

(a) With the exception of HUD-generated complaints, the department shall draft the language of each housing discrimination complaint filed with the department on a complaint form prescribed by the department. The complaint shall contain all the information identified in section 12980(a) of the Government Code, and sections 10035 and 10038 of these regulations, and set forth the allegations in ordinary and concise language of the department's choosing, identifying the following in the body of the complaint:

(1) the protected basis or bases for the complaint;

(2) all relevant facts, including pertinent dates, that indicate a causal connection between the protected basis and the act of discrimination alleged;

(3) the reason or reasons the housing provider gave the complainant to explain why the housing benefit was denied; and

(4) the sections of the Government or Civil Code alleged to have been violated.

(b) The department may omit a complainant's address, telephone number, and e-mail address on any complaint alleging that the complainant has been subjected to violence or threats of violence including, but not limited to, sexual assault.

(c) The department shall liberally construe the facts alleged by a complainant when drafting a complaint of housing discrimination and include all relevant claims supported by the alleged facts. Once drafted, a complaint may be signed by a complainant in person or sent to the complainant for signature via U.S. mail, facsimile transmission, e-mail, or other electronic means. When requested in writing by an attorney or advocacy organization representing the complainant, the drafted complaint shall be sent to the attorney or advocacy organization to obtain the complainant's signature.

(d) Any complainant or complainant's attorney who or advocacy organization which wishes to propose modifications to the unsigned complaint shall do so in writing submitted to the department via U.S. mail, private mail, facsimile transmission, e-mail, or other electronic means. The department shall consider the proposed modifications and, if accepted, draft a new complaint which may be signed by the complainant in person or sent to the complainant for signature. When requested in writing by an attorney or advocacy organization representing the complainant, the modified complaint shall be sent to the attorney or advocacy organization for review and to obtain the complainant's signature. When modifications are not accepted, the department shall in writing notify the complainant and his or her attorney or advocacy organization, if any, of the reasons for rejection and send to the complainant via U.S. mail, facsimile transmission, e-mail, or other electronic means another copy of the original complaint for signature.

HISTORY

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

Note

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 52(f) and 54.3(b), Civil Code; and Sections 12930(f)(1)-(2), 12955(d) and 12980(a), Government Code.