SECTIONS 35820-35823 - California Statutes

HEALTH AND SAFETY CODE

SECTION 35820-35823

35820. Any applicant for a real estate loan in connection with a
housing accommodation claimed to be aggrieved by an alleged violation
of Chapter 3 (commencing with Section 35810) of this part, or any
rule or regulation adopted thereunder, may file a complaint with the
secretary.

35821. Immediately upon receipt of the complaint, the secretary
shall endeavor to eliminate any alleged unlawful practice by
conference, conciliation, or persuasion.

35822. If, in accordance with procedures established for the
resolution of complaints by the secretary, and within 30 days of
receiving the complaint, the secretary finds that a financial
institution has engaged in any unlawful practice as defined in this
part, the secretary shall state in a written decision his or her
findings of fact and shall cause such financial institution to be
served with a copy of the decision and an order issued by the
secretary requiring it to cease and desist from such practice and to
take one of the following steps as, in the judgment of the secretary,
will effectuate the purposes of this part:
(a) The making of the financial assistance or the making of the
financial assistance on nondiscriminatory terms; or
(b) The payment of damages to the complainant in an amount not to
exceed one thousand dollars ($1,000), if the secretary finds that
effective relief under subdivision (a) is no longer available.
The secretary may require a report of the manner of compliance.
If the secretary finds that a financial institution has not
engaged in any practice which constitutes a violation of this part,
the secretary shall issue a written decision incorporating his
findings of fact and shall cause to be served upon the complainant
and the financial institution involved a copy of the decision.

35823. The decision of the secretary shall be final unless, within
ten days from the date of receipt thereof, the complainant or
financial institution files a written request with the secretary for
a formal administrative hearing. Upon receipt of such a written
request, the secretary shall file a copy thereof with the Office of
Administrative Hearings. Within 20 days of receipt of the copy of
such request, the Office of Administrative Hearings shall commence a
hearing on the merits pursuant to the provisions of the
Administrative Procedure Act, Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2 of the Government Code, except
that the decision of the hearing officer shall be a final decision
and binding upon the secretary. The decision shall be in accordance
with the provisions of Section 35822 and shall be rendered within 45
days of receipt of the copy of the request for a hearing by the
Office of Administrative Hearings. The secretary shall represent the
complainant at such hearing if the secretary's decision rendered
pursuant to Section 35822 was in favor of the complainant.
Judicial review may be obtained by the complainant or the
financial institution by filing a petition for writ of mandate in
accordance with the provisions of Section 1094.5 of the Code of Civil
Procedure. In any such judicial proceeding, the court may exercise
its independent judgment on the evidence included in the record of
the administrative hearing and may additionally consider evidence
which was improperly excluded by the hearing officer and any other
relevant evidence not included in the record of the administrative
hearing which the court finds the offering party could not, in the
exercise of reasonable diligence, have produced at the administrative
hearing. The court may in its discretion award costs or reasonable
attorney fees, or both, to the complainant if the complainant is the
prevailing party, without regard to whether such judicial action is
brought by the complainant or by the financial institution.