Feature

Understanding Housing-Discrimination Complaints

by the California Department of Fair Employment and Housing

Understanding Housing-Discrimination Complaints
by the California Department of Fair Employment and Housing

Q. How does a person file a complaint of housing discrimination?
A. To file a complaint of housing discrimination, call 800-233-3212. If the matter falls within the department's jurisdiction, you or the person you represent are sent a questionnaire to complete and return to the department. Once the completed questionnaire has been received, the department will contact you and arrange a telephone interview. If the department has jurisdiction, a formal complaint will be prepared and mailed to you for signature.

Q. Is there a time limit for filing a housing complaint with the department?
A. Yes. A complaint must be filed within one year of the date of the alleged discrimination.

Q. If a person has already filed a complaint with the federal Department of Housing and Urban Development (HUD), can he/she also file with the department?
A. If a complaint has been filed with HUD, it will automatically be filed with our department as well. In most instances, HUD will send the complaint to the department for investigation. Similarly, if a complaint is filed with the department and is jurisdictional with HUD, it will also be filed with HUD. Filing the complaint with both agencies benefits the parties by providing a second level of review.

Q. How does the Department conduct an investigation?
A. The department is a neutral fact-finding agency. Department staff conduct impartial investigations in which records are reviewed and relevant witnesses are interviewed. An investigation may be conducted on site and/or through telephone interviews. The department has the authority to take depositions, issue subpoenas and interrogatories and seek temporary restraining orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act has occurred. In making its determination, the department considers evidence from both sides as well as from any neutral parties the department may have contacted.

Q. What remedies are available to persons who file complaints of housing discrimination?
A. The remedies available for housing discrimination include the following:

sale or rental of the housing accommodation;
elimination of the discriminatory practice;
policy changes;
out-of-pocket expenses;
actual damages, including damages for emotional distress;
civil penalty (up to $10,000); and
reasonable accommodations.

If the case is pursued in court, civil remedies are identical with one exception: instead of a civil penalty, unlimited punitive damages may be awarded. Remedies may also include the payment of attorney's fees and other court costs.

Q. Does a person have to file a complaint with the department before filing a complaint in court?
A. No. A person may file directly in court without first filing a complaint with the department. The time limit for filing in court is two years from the date of the alleged discrimination. If a complaint has been filed with the department, the two-year time period does not include the time spent by the department in processing the case. If the department has completed its investigation and issued an accusation, either party (the person filing the complaint or the person against whom the complaint was filed) may elect to have the case transferred to court. The department's attorneys will prosecute the case in court on behalf of the department.

Q. Can a landlord refuse to rent to families with children?
A. Generally, a landlord cannot refuse to rent to an applicant because children are in the family. Moreover, the requirements for the rental and the terms and conditions must be the same for families with children as for any other applicant or tenant. The one exception to this rule involves housing that has been specifically designed for senior citizens (persons 55 and older or 62 and older). To qualify as senior housing, a housing accommodation must meet specific legally-defined requirements that may include a minimum number of units, age-based residency limits and design features.

Q. If a tenant with a disability needs to modify his/her unit, is the landlord required to pay for the modification?
A. Normally not. In most instances, the tenant is responsible for all costs connected to the modification. Moreover, under certain circumstances the tenant may be required to restore the premises to the condition that existed before the modification (other than for reasonable wear and tear). There are, however, certain types of HUD-subsidized housing programs that require a landlord to pay for disability-related reasonable modifications.

Q. Does the department help persons find housing or resolve problems connected with their current housing?
A. No. Finding housing and resolving landlord/tenant problems are not handled by the department. The department only handles problems related to discrimination and housing.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or the San Francisco Apartment Magazine. The California Department of Fair Employment and Housing is the largest state civil-rights agency in the country. The DFEH receives and investigates discrimination complaints of employment, public accommodations and hate violence in its ten district offices throughout the State, as well as two offices that handle housing cases. Copyright © 2005. All rights reserved.