Cal. Code Regs. tit. 2 § 10035

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 10035 - Filing a Pre-Complaint Inquiry of Housing Discrimination with the Department

(a) Any person claiming to be aggrieved by a housing practice made unlawful by the FEHA, or any other law the department enforces, may file a pre-complaint inquiry with the department by telephone, in person, by mail, or on the department's Web site at www.dfeh.ca.gov that shall describe the unlawful conduct alleged and include the following, on a form prescribed by the department:

(1) complainant's name and, where available, address, telephone number and e-mail address;

(2) respondent's name and, where available, address, telephone number and e-mail address;

(3) a description of the alleged act or acts of housing discrimination, harassment or retaliation;

(4) the date or dates each alleged act of housing discrimination, harassment or retaliation occurred, including the date of the last or most recent act alleged;

(5) a description of the housing accommodation at issue;

(6) the address of the housing accommodation at issue; and

(7) each protected basis upon which the alleged housing discrimination or harassment was based.

(b) After submission of the pre-complaint inquiry, the department will initiate the investigative process as provided in section 10038 of these regulations.

Cal. Code Regs. Tit. 2, § 10035

1. New subchapter 2 (sections 10035-10066) and section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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, including amendment of section heading and subsections (a)(6) and (a)(7), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of subsections (a) and (b) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).

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)-(b), Government Code.

1. New subchapter 2 (sections 10035-10066) and section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment 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, including amendment of section heading and subsections (a)(6) and (a)(7), transmitted to OAL 4-20-2015 and filed 6-2-2015; amendments effective 6-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 23).
4. Amendment of subsections (a) and (b) filed filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).