Department of Fair Employment and Housing (DFEH) Brief Overview of Complaint Processing Housing Discrimination
	Click here to view a chart of the DFEH Complaint Process

A. INTAKE

1. Charging parties are interviewed to determine if they can provide sufficient information to link the action complained of to possible discrimination. Any person wishing to file will be given that option, but the investigation can be limited to the intake interview if there is no reason to proceed further.
2. Controls are in place to ensure appropriate judgment has been exercised. Every recommendation is reviewed by the Consultant's supervisor.

B. FILING

1. A formal complaint is drafted by the interviewing Consultant on the California Department of Fair Employment and Housing's (DFEH) standard form. It is signed, then served in person or by certified mail.
2. If accepted for investigation, the charge is also filed with the United States Department of Housing and Urban Development (HUD), if there is concurrent jurisdiction. As a certified equivalency agency, DFEH's findings are usually accepted by HUD.
3. The Respondent is requested to respond to the complaint and is given the opportunity to voluntarily resolve it. A no-fault settlement can be negotiated at any time during the complaint process.
4. Complaints can be filed by the Director of DFEH, or a community organization (e.g. fair housing group) as well as by aggrieved individuals.

C. INVESTIGATION

1. Investigation and the evaluation of evidence are based on the legal standards established by the California Fair Employment and Housing Commission (FEHQ through its regulations and precedential decisions.
2. DFEH has designed a "Case Analysis Manual" to ensure every investigation is handled in a consistent manner, irrespective of the office or assigned Consultant.
3. DFEH has formal discovery powers (i.e., to issue subpoenas and interrogatories, to take depositions). DFEH's discovery efforts are enforced by the California courts.
4. The case is dismissed if the investigation does not produce sufficient evidence to prove a violation of the statute.

D. CONCILIATION

1. Formal conciliation conferences are scheduled once DFEH completes an investigation and determines the statute has been violated.
2. Remedies that may be ordered by the FEHC include out-of-pocket losses, a rental unit offered to the Complainant, compensatory damages, civil penalties and affirmative relief such as training for apartment Managers and policy changes.
3. Administrators have the authority to conduct formal conciliation and to recommend a public hearing if conciliation fails.

E. ACCUSATION

DFEH's legal staff prosecutes the case in a hearing before the FEHC or in civil court if the complainant or respondent, after a formal accusation has been issued, elects to have the matter transferred to court.

TO CONTACT DFEH:

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
1330 Broadway
Suite 1530
Oakland, California 94612
TELEPHONE: 1-800-233-3212

The information on this page, as well as the DFEH Complaint Process Flow Chart shown below, is reproduced with the permission of the Inland Fair Housing Mediation Board. IFHMB is a fair housing agency that serves the County of San Bernadino, California. In addition to their information on HUD and DFEH Complaints, they also provide a summary of the History of the Fair Housing Act and an overview of Federal and California Fair Housing Laws.

---

HOME

Learn More About FHOSC

Landlords' Library

Tenants' Library

Resource Library

Biblioteca en Espaņol

Mobile Home Park Library

---

Click here to view a chart of the DFEH Complaint Process

Return to the Housing Discrimination Library

Back to the Top