SECTIONS 12980-12989.3 - California Statutes

GOVERNMENT CODE

SECTION 12980-12989.3

12980. This article governs the procedure for the prevention and
elimination of discrimination in housing made unlawful pursuant to
Article 2 (commencing with Section 12955) of Chapter 6.
(a) Any person claiming to be aggrieved by an alleged violation of
Section 12955, 12955.1, or 12955.7 may file with the department a
verified complaint in writing that shall state the name and address
of the person alleged to have committed the violation complained of,
and that shall set forth the particulars of the alleged violation and
contain any other information required by the department.
The filing of a complaint and pursuit of conciliation or remedy
under this part shall not prejudice the complainant's right to pursue
effective judicial relief under other applicable laws, but if a
civil action has been filed under Section 52 of the Civil Code, the
department shall terminate proceedings upon notification of the entry
of final judgment unless the judgment is a dismissal entered at the
complainant's request.
(b) The Attorney General or the director may, in a like manner,
make, sign, and file complaints citing practices that appear to
violate the purpose of this part or any specific provisions of this
part relating to housing discrimination.
No complaint may be filed after the expiration of one year from
the date upon which the alleged violation occurred or terminated.
(c) The department may thereupon proceed upon the complaint in the
same manner and with the same powers as provided in this part in the
case of an unlawful practice, except that where the provisions of
this article provide greater rights and remedies to an aggrieved
person than the provisions of Article 1 (commencing with Section
12960), the provisions of this article shall prevail.
(d) Upon the filing of a complaint, the department shall serve
notice upon the complainant of the time limits, rights of the
parties, and choice of forums provided for under the law.
(e) The department shall commence proceedings with respect to a
complaint within 30 days of filing of the complaint.
(f) An investigation of allegations contained in any complaint
filed with the department shall be completed within 100 days after
receipt of the complaint, unless it is impracticable to do so. If the
investigation is not completed within 100 days, the complainant and
respondent shall be notified, in writing, of the department's reasons
for not doing so.
(g) Upon the conclusion of each investigation, the department
shall prepare a final investigative report containing all of the
following:
(1) The names of any witnesses and the dates of any contacts with
those witnesses.
(2) A summary of the dates of any correspondence or other contacts
with the aggrieved persons or the respondent.
(3) A summary of witness statements.
(4) Answers to interrogatories.
(5) A summary description of other pertinent records.
A final investigative report may be amended if additional evidence
is later discovered.
(h) If an accusation is not issued within 100 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify the
person claiming to be aggrieved. This notice shall, in any event, be
issued no more than 30 days after the date of the determination or 30
days after the date of the expiration of the 100-day period,
whichever date first occurs. The notice shall indicate that the
person claiming to be aggrieved may bring a civil action under this
part against the person named in the verified complaint within the
time period specified in Section 12989.1. The notice shall also
indicate, unless the department has determined that no accusation
will be issued, that the person claiming to be aggrieved has the
option of continuing to seek redress for the alleged discrimination
through the procedures of the department if he or she does not desire
to file a civil action. The superior courts of the State of
California shall have jurisdiction of these actions, and the
aggrieved person may file in these courts. The action may be brought
in any county in the state in which the violation is alleged to have
been committed, or in the county in which the records relevant to the
alleged violation are maintained and administered, but if the
defendant is not found within that county, the action may be brought
within the county of the defendant's residence or principal office. A
copy of any complaint filed pursuant to this part shall be served on
the principal offices of the department and of the commission. The
remedy for failure to send a copy of a complaint is an order to do
so. In a civil action brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorney's
fees.
(i) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be made
public, unless otherwise agreed by the complainant and respondent,
and the department determines that the disclosure is not required to
further the purposes of the act.
(j) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be
agreements between the respondent and complainant, and shall be
subject to approval by the department.

12981. (a) In the case of failure to eliminate a violation of
Section 12955, 12955.1, or 12955.7 that has occurred, or is about to
occur, through conference, conciliation, and persuasion, or in
advance thereof if circumstances warrant, the director shall cause to
be issued in the name of the department, notwithstanding Section
12971, a written accusation, in the same manner and with the same
powers as provided in Section 12965, except that where the provisions
of this article provide greater rights and remedies to an aggrieved
person than Section 12965, the provisions of this article shall
prevail. An accusation alleging an unfair housing practice shall be
issued within 100 days after the filing of a complaint unless it is
impracticable to do so. The accusation shall require the respondent
to answer the charges at an administrative hearing or civil trial as
elected by the parties pursuant to Section 12989. Any aggrieved
person may intervene as a matter of right in the proceeding, and the
appeal or other judicial review of that proceeding.
(b) If the department determines that an allegation concerns the
legality of any zoning or other land use law or ordinance, the
department or the Attorney General shall take appropriate action with
respect to the complaint according to the procedures established in
this part for other complaints of housing discrimination.
(c) The commission shall hold hearings on accusations issued
pursuant to subdivision (a) in the same manner and with the same
powers as provided in Sections 12967 to 12972, inclusive, except that
where the provisions of this article provide greater rights and
remedies to an aggrieved person than do Sections 12967 to 12972,
inclusive, the provisions of this article shall prevail. The
commission shall make final administrative disposition of a complaint
alleging unfair housing practices within one year of the date of
filing of the complaint, unless it is impracticable to do so. If the
department is unable to make final administrative disposition of a
complaint within one year, it shall notify the complainant and the
respondent, in writing, of its reasons for not doing so.
(d) Within one year of the effective date of every final order or
decision issued pursuant to this part, the department shall conduct a
compliance review to determine whether the order or decision has
been fully obeyed and implemented.
(e) Whenever the department has reasonable cause to believe that a
respondent has breached a conciliation agreement, the department
shall refer the matter to the Attorney General with a recommendation
that a civil action be filed for the enforcement of the agreement.
(f) If the time for judicial review of a final commission order or
decision has lapsed, or if all means of judicial review have been
exhausted, the department may apply to the superior court in any
county in which an action could have been brought under subdivision
(b) of Section 12965 for the enforcement of the order or decision or
order as modified in accordance with a decision on judicial review.
If, after a hearing, the court determines that an order or decision
has been issued by the commission and that either the time limits for
judicial review have lapsed, or the order or decision was upheld in
whole or in part on judicial review, the court shall issue a judgment
and order enforcing the order or decision or order as modified in
accordance with a decision on judicial review. The court shall not
review the merits of the order or decision. The court's judgment
shall be nonappealable and shall have the same force and effect as,
and shall be subject to all the provisions of law relating to, a
judgment in a civil action.

12981.1. The department shall not dismiss a complaint or an
accusation unless the complainant withdraws the complaint or the
department determines after a thorough investigation that, based on
the facts, no reasonable cause exists to believe that an unlawful
housing practice, as prohibited by this part, has occurred or is
about to occur.

12983. The department, or at its election the Attorney General, at
any time after a complaint is filed with it and it has been
determined that probable cause exists for believing that the
allegations of the complaint are true and constitute a violation of
this part, may bring an action in the superior court to enjoin the
owner of the property from taking further action with respect to the
rental, lease, or sale of the property, as well as to require
compliance with Section 12956, until the department has completed its
investigation and made its determination; but a temporary
restraining order obtained under this section shall not, in any
event, be in effect for more than 20 days. In this action an order or
judgment may be entered awarding the temporary restraining order or
the preliminary or final injunction in accordance with Section 527 of
the Code of Civil Procedure.

12984. Except as provided in Section 12980, all matters connected
with any conference, conciliation, or persuasion efforts under this
part are privileged and may not be received in evidence. Except as
provided in Section 12980, the members of the department and its
staff shall not disclose to any person what has transpired in the
course of such endeavors to conciliate. Every member of the
department or its staff who discloses information in violation of
this section is guilty of a misdemeanor. Such disclosure by an
employee subject to civil service shall be cause for disciplinary
action under the State Civil Service Act.

12985. When a person is contacted by the department, a
commissioner, or a member of the department's staff, following the
filing of a complaint against that person, the person shall be
informed whether the contact is for the purpose of investigation or
conference, conciliation, or persuasion; and if it is for conference,
conciliation, or persuasion, the person shall be informed that all
matters relating thereto are privileged.

12986. The department shall within 10 days cause a copy of the
verified complaint that has been filed under the provisions of this
part to be served upon or mailed to the respondent alleged to have
committed the violation complained of and shall advise the respondent
in writing of his or her procedural rights and obligations. The
respondent may file an answer to the complaint.

12987. (a) If the commission, after hearing, finds that a
respondent has engaged in any unlawful practice as defined in this
part, the commission shall state its findings of fact and shall issue
and cause to be served on the respondent an order requiring the
respondent to cease and desist from the practice and to take those
actions, as, in the judgment of the commission, will effectuate the
purpose of this part, including, but not limited to, any of the
following:
(1) The sale or rental of the housing accommodation if it is still
available, or the sale or rental of a like housing accommodation, if
one is available, or the provision of financial assistance, terms,
conditions, or privileges previously denied in violation of
subdivision (f) of Section 12955 in the purchase, organization, or
construction of the housing accommodation, if available.
(2) Affirmative or prospective relief, including injunctive or
other equitable relief.
(3) The payment to the complainant of a civil penalty against any
named respondent, not to exceed sixteen thousand dollars ($16,000),
unless, in a separate accusation, the respondent has been adjudged to
have, with intent, committed a prior violation of Section 12955. If
the respondent has, in a separate accusation, been adjudged to have
committed a prior violation of Section 12955 within the five years
preceding the filing of the complaint, the amount of the civil
penalty may exceed sixteen thousand dollars ($16,000), but may not
exceed thirty-seven thousand five hundred dollars ($37,500). If the
respondent, in separate accusations, has been adjudged to have, with
intent, violated Section 12955 two or more times within the
seven-year period preceding the filing of the complaint, the civil
penalty may exceed thirty-seven thousand five hundred dollars
($37,500), but may not exceed sixty-five thousand dollars ($65,000).
All civil penalties awarded under this provision shall be collected
by the department. The commission may award the prevailing party,
other than the state, reasonable attorney's fees and costs against
any party other than the state, including expert witness fees.
(4) The payment of actual damages to the complainant.
(b) In determining whether to assess a civil penalty pursuant to
this section, the commission shall find that the respondent has been
guilty of oppression, fraud, or malice, expressed or implied, as
required by Section 3294 of the Civil Code. In determining the amount
of a civil penalty, the commission shall consider Section 12955.6
and relevant evidence of, including, but not limited to, the
following:
(1) Willful, intentional, or purposeful conduct.
(2) Refusal to prevent or eliminate discrimination.
(3) Conscious disregard for fair housing rights.
(4) Commission of unlawful conduct.
(5) Intimidation or harassment.
(6) Conduct without just cause or excuse.
(7) Multiple violations of the Fair Employment and Housing Act.
(c) If the commission finds that the respondent has engaged in an
unlawful practice under this part, and the respondent is licensed or
granted a privilege by an agency of the state or the federal
government to do business, provide a service, or conduct activities,
and the unlawful practice is determined to have occurred in
connection with the exercise of that license or privilege, the
commission shall provide the licensing or privilege granting agency
with a copy of its decision or order.
(d) If the commission finds that the respondent has engaged in an
unlawful practice under this part and is liable for actual damages or
a civil penalty, any amount due to the respondent by a state agency
may be offset to satisfy the commission's final order or decision.
(e) No remedy shall be available to the aggrieved person unless
the aggrieved person waives any and all rights or claims under
Section 52 of the Civil Code prior to receiving a remedy, and signs a
written waiver to that effect.
(f) The commission may require a report of the manner of
compliance.
(g) If the commission finds that a respondent has not engaged in
any practice which constitutes a violation of this part, the
commission shall state its findings of fact and shall issue and cause
to be served on the complainant an order dismissing the accusation
as to that respondent.
(h) Any order issued by the commission shall have printed on its
face references to the provisions of the Administrative Procedure Act
which prescribe the rights of appeal of any party to the proceeding
to whose position the order is adverse.

12987.1. (a) Any party aggrieved by the commission's final order
for relief may obtain a review of that order in accordance with the
provisions of Section 11523 of this code and Section 1094.5 of the
Code of Civil Procedure except that the limitations on the court's
remedial powers as described in subdivision (f) of Section 1094.5 of
the Code of Civil Procedure shall not apply.
(b) The superior court, in reviewing the commission's final order,
may award the following relief:
(1) Grant to the petitioner, or any other party, temporary relief,
including, but not limited to, a restraining order, or other order
as the court deems just and proper.
(2) Affirm, modify, or set aside, in whole or in part, the order,
or remand the order for further proceedings, and enforce the order to
the extent that it is affirmed or modified.
(c) Any party to the proceeding before the commission or aggrieved
person may intervene as a matter of right in the superior court
proceeding.
(d) When the time for petitioning a court for review of the
commission's order has expired, the department or any party to the
commission proceeding may petition a court for a decree enforcing the
commission's order. The court may grant any relief necessary to
ensure compliance with the commission's order.
(e) Notwithstanding subdivisions (a) to (d), inclusive, where the
reviewing court denies a petition for writ of mandate seeking review
of a commission order or decision, the court shall enter judgment
denying the petition and enforcing the commission's order or
decision.

12988. The commission and the department may engage in affirmative
actions with owners in furtherance of the purpose of this part as
expressed in Section 12920.

12989. (a) If an accusation is issued under Section 12981, a
complainant, a respondent, or an aggrieved person on whose behalf a
complaint is filed may elect, in lieu of an administrative proceeding
under Section 12981, to have the claims asserted in the charge
adjudicated in a civil action under this part.
(b) An election under this section may be made within 20 days
after the service of the accusation, and not later than 20 days after
service of the complaint to the respondent. A notice of election
shall be filed with the department, and the department shall serve a
copy of the notice to the director, the respondent, and the aggrieved
person on whose behalf the complaint is filed. The notice shall be
filed and served on all parties to the complaint in accordance with
the procedures established by Section 12962.
(c) If either party serves a notice of election upon the
department, as prescribed, the department shall, within 30 days after
service of the notice of the election, dismiss the accusation. The
department shall itself, or at its election through the Attorney
General, within 30 days of receipt of the notice of election, file a
civil action with the proper superior court in its name or on behalf
of the aggrieved person as a real party in interest. In bringing a
civil or administrative action, or pursuing subsequent appeals of
those actions, the department or the Attorney General shall, in its
representation of an aggrieved person's interests, comply with the
Rules of Professional Conduct of the State Bar of California. The
action may be filed in any county in the state in which the unlawful
practice is alleged to have been committed, in the county in which
the records relevant to that practice are maintained and
administered, or in the county in which the aggrieved person would
have resided in the housing accommodation. If the respondent is not
found within that county, the action may be filed in the county of
the respondent's residence or principal office.
(d) Any person aggrieved with respect to the issues to be
determined in a civil action filed under this part may intervene as
of right in that civil action.
(e) If an election is not made pursuant to this section, the
director shall maintain an administrative proceeding based on the
charges in the complaint in accordance with the procedures set forth
in Section 12981.
(f) The director or his or her designated representative shall be
available for consultation concerning any legal issues raised by the
Attorney General that relate to evidentiary or tactical matters
relevant to any civil action brought under this part.

12989.1. An aggrieved person may commence a civil action in an
appropriate court not later than two years after the occurrence or
the termination of an alleged discriminatory housing practice, or the
breach of a conciliation agreement entered into, whichever occurs
last, to obtain appropriate relief with respect to the discriminatory
housing practice or breach. The computation of the two-year period
shall not include any time during which an administrative proceeding
under this part was pending with respect to a complaint or accusation
under this part based upon the discriminatory housing practice or
breach.
An aggrieved person may commence a civil action whether or not a
complaint has been filed under this part and without regard to the
status of any complaint. Any aggrieved person who is aggrieved with
respect to the issues to be determined in a civil action filed under
this part, may intervene in that civil action. However, if the
department has obtained a conciliation agreement with the consent of
an aggrieved person, no action may be filed under this part by the
aggrieved person with respect to the alleged discriminatory housing
practice that forms the basis for the complaint, except for the
purpose of enforcing the terms of the agreement.
An aggrieved person may not commence a civil action with respect
to an alleged discriminatory housing practice that forms the basis of
an accusation issued by the department if the department has
commenced a hearing on the accusation.

12989.2. (a) In a civil action brought under Section 12989 or
12989.1, if the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may award the plaintiff
or complainant actual and punitive damages and may grant other
relief, including the issuance of a temporary or permanent
injunction, or temporary restraining order, or other order, as it
deems appropriate to prevent any defendant from engaging in or
continuing to engage in an unlawful practice. The court may, at its
discretion, award the prevailing party, other than the state,
reasonable attorney's fees and costs, including expert witness fees,
against any party other than the state.
(b) Notwithstanding any other provision of law, the commission is
not liable for the attorney's fees of parties to the administrative
adjudication of cases brought before the commission, including
proceedings under Sections 11523 and 12987.1 of this code and Section
1094.5 of the Code of Civil Procedure.

12989.3. (a) Whenever the Attorney General has reasonable cause to
believe that any person or group of persons is engaged in a pattern
or practice of denying to others the full enjoyment of any of the
rights granted by this article, or that any group of persons has been
denied any of the rights granted by this article and that denial
raises an issue of general public importance, the Attorney General
shall commence a civil action in any court.
(b) Upon referral from the department, the Attorney General may
commence a civil action in any appropriate court for appropriate
relief with respect to a discriminatory housing practice referred to
the Attorney General by the department under subdivision (b) of
Section 12981.
(c) A civil action under this section may be commenced not later
than the expiration of 18 months after the date of the occurrence or
termination of the alleged discriminatory housing practice.
(d) The Attorney General shall commence a civil action in any
appropriate court for appropriate relief with respect to breach of a
conciliation agreement referred to the Attorney General by the
department. A civil action shall be commenced under this paragraph
not later than the expiration of 90 days after the referral of the
alleged breach.
(e) The Attorney General, on behalf of the department or other
party at whose request a subpoena is issued, under this article,
shall enforce that subpoena in appropriate proceedings in the court
for the judicial district in which the person to whom the subpoena
was addressed resides, was served, or transacts business.
(f) In a civil action under this section, the court may award any
of the following:
(1) Preventive relief, including a permanent or temporary
injunction, restraining order, or other order against the person
responsible for a violation of this title as is necessary to assure
the full enjoyment of the rights granted by this title.
(2) Other relief as the court deems appropriate, including
monetary damages to persons aggrieved.
(3) A civil penalty in an amount not exceeding fifty thousand
dollars ($50,000), for a first violation, and in an amount not
exceeding one hundred thousand dollars ($100,000), for any subsequent
violation.
(g) In a civil action under this section, the court, in its
discretion, may allow the prevailing party, reasonable attorney's
fees and costs, including expert witness fees, against any party
other than the state.
(h) Upon timely application, any person may intervene in a civil
action commenced by the Attorney General under this section that
involves an alleged discriminatory housing practice with respect to
which that person is an aggrieved person or a conciliation agreement
to which that person is a party. The court may grant appropriate
relief to any intervening party as is authorized to be granted to a
plaintiff in a civil action under Section 12989.2.