Section 10039 - Priority Intake(a) The following may be given priority for the purpose of scheduling an intake appointment for a housing discrimination complaint: (1) a person whose statute of limitations would run in thirty (30) days or less;(2) a person alleging a failure to rent where the desired unit is still available;(3) a person facing an impending and allegedly discriminatory eviction where action by the department may delay the eviction;(4) a person who is terminally ill;(5) a homeless person or a person at risk of institutionalization;(6) a person complaining about conduct that, if proven, would constitute a violation of the Ralph Civil Rights Act; and/or(7) any other person whose situation warrants a priority intake in the department's discretion.(b) A person who seeks to file a complaint for investigation with the department that alleges retaliation occurring within one-hundred-eighty (180) days of the person's filing a prior complaint of discrimination with the department, or within one-hundred-eighty (180) days of that person's participation in an investigation conducted by the department, may be given priority.(c) The department may file a complaint for investigation without first obtaining the complainant's verification of the complaint, when doing so is necessary to avoid missing the statute of limitations for filing with the department. Notwithstanding the foregoing, the department shall obtain verification of the complaint before it is served.Cal. Code Regs. Tit. 2, § 10039
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (b) 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 A Certificate of Compliance must be transmitted to OAL by 4-27-2015 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (c) 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), Government Code.
1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsection (b) 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 transmitted to OAL 4-20-2015 and filed 6-2-2015 (Register 2015, No. 23).
4. Amendment of subsection (c) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).