§ 10061. Priority Case Processing/Case Grading System.

(a) The department shall prioritize investigation of the following housing discrimination complaints: (1) a complaint alleging a failure to rent where the desired unit is still available; (2) a complaint filed by a person facing an impending and allegedly discriminatory eviction where action by the department may delay the eviction; (3) a complaint filed by a homeless person or a person at risk of institutionalization; (4) a complaint alleging a violation of the Ralph Civil Rights Act; (5) a complaint filed by a terminally ill complainant; (3) a complaint alleging retaliation occurring within one-hundred-eighty (180) days of the complainant filing a prior complaint of discrimination with the department or participating in a FEHA-related investigation, hearing or court process; (4) any other complaint investigation that warrants priority in the department's discretion.

(b) In addition to the foregoing, to better allocate the department's resources, the department shall identify any housing discrimination complaint filed for investigation that likely would be meritorious, or whose successful litigation would impact a large number of applicants, tenants, or homebuyers if its allegations are proven. The department shall designate such complaints as priority complaints and process them in the same manner as other priority complaints. At its discretion, the department's legal division may later designate a priority complaint as a high priority complaint, depending upon its strength and potential for impact.

(c) The department shall designate all other housing discrimination complaints filed for investigation as standard complaints, which the department shall investigate.

(d) Such designations shall continually be re-evaluated by the department throughout the investigative process, particularly after a response to the complaint is received and analyzed. Thus, a complaint initially designated a standard complaint later could be designated a priority complaint upon receipt and evaluation of additional evidence. Likewise, a complaint originally designated a priority complaint could be designated a standard complaint after reevaluation.

(e) Factors the department considers when determining whether a complaint is a priority or a standard complaint may include, but are not limited to:

(1) whether the alleged unlawful practice affects a group or class of applicants or tenants;

(2) the strength of the facts alleged;

(3) the severity of the alleged harm;

(4) whether the respondent is large enough such that a remedy would impact a large number of persons; and/or

(5) whether the complaint allegations address an important legal issue in an area where the department seeks to establish case law.

(f) Priority complaints shall be eligible for allocation of additional department resources and early and on-going collaboration with the department's legal staff.

(g) At no time shall the department disclose to any person outside the department the case grade or designation assigned to any complaint. All records of discussions regarding the grade or designation of a complaint shall be marked “Confidential,” and be retained in the confidential section of the department's case file.

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 12963 and 12980(c), Government Code.