§ 10042. Written Statement or Correspondence as Complaint.

(a) If the statute of limitations would expire before an intake interview could be scheduled and completed for a housing discrimination complaint, the department may promptly initiate and conduct an intake interview by phone, without an appointment, or waive the intake process and accept a complaint for investigation using a written statement or correspondence from the complainant signed under penalty of perjury. As long as the written statement or correspondence satisfies all the requirements set forth in section 12980(a) of the Government Code and section 10035 of these regulations, alleges a claim or claims over which the department has jurisdiction, and the statutory deadline to file with the department is imminent, the department may accept such a written statement or correspondence as a complaint for filing purposes.

(b) A statement shall be handwritten or typed and may be submitted electronically or by facsimile transmission to the department.

(c) The department may accept a statement from a complainant's attorney as long as the complainant has signed the statement of complaint or submits a signed statement authorizing the attorney to sign the complaint on his or her behalf.

(d) When intake has been waived, an investigator shall interview the complainant as soon as practicable after the complaint is filed and file an amended complaint on the form prescribed by the department. If, during the interview, the complainant presents new facts or raises new issues not included in the original complaint, they may be included in the amended complaint as long as the new facts and/or issues are based on or relate back to the facts stated in the original complaint.

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.