HOUSING APPENDIX

HOUSING APPENDIX

A List of PHAs in California and their Contact Information – PG. 398A list of transitional housing that may accept your application while you are still incarcerated – PG. 404Fact Sheet on CDCR-Funded Pre-Release Transitional Housing – PG. 406NHLP Chart—Federally Assisted Housing Programs: Admissions For Applicants With Certain Criminal Backgrounds – PG. 411Disabilities & Requesting Reasonable Accommodations on Any Housing Application– PG. 414Sample Consent Form that Your Drug or Alcohol Treatment Program Could Use to Disclose Information About Your Treatment– PG.  419Housing Owners’/Landlords’ Access to Credit Reports– PG. 421San Francisco Fair Chance Ordinance– PG. 421Filing a Complaint for Illegal Discrimination in Private Housing– PG. 425Rural development (RD) grievance procedures– PG. 425Transitional Housing Participant Misconduct Act (THPMA)– PG. 431
Appendix A
A List of PHAs in California and their Contact Information

PHA NAME, PHONE & FAX NUMBER

ADDRESS

TYPE
(Section 8, low-rent, or both)

Alameda City

Phone: (510) 747-4300

Fax: (510) 522-7848

701 Atlantic Ave.

Alameda

CA 94501

Both

Los Angeles County (HACOLA)

Phone: (323) 890-7400

Fax: (323) 890-8582

700 W Main St.

Alhambra

CA 91801

Both

Anaheim Housing Authority

Phone: (714) 765-4320

Fax: (714) 765-4654

201 S Anaheim Blvd #200

Anaheim

CA 92805

Section 8

Placer County Housing Authority

Phone: (530) 889-7692

Fax: (530) 889-6826

11552 B Ave.

Auburn

CA 95603

Section 8

Kern County

Phone: (661) 631-8500

Fax: (661) 631-9500

601 - 24th St.

Bakersfield

CA 93301

Both

Baldwin Park

Phone: (626) 960-4011

Fax: (626) 337-2965

14403 Pacific Ave.

Baldwin Park

CA 91706

Both

San Mateo County

Phone: (650) 802-3300

Fax: (650) 802-3373

264 Harbor Boulevard Bldn. A

Belmont

CA 94002

Both

Benicia

Phone: (707) 745-2071

Fax: (707) 745-8076

28 Riverhill Drive

Benicia

CA 94510

Both

Berkeley

Phone: (510) 981-5470

Fax: (510) 981-5480

1901 Fairview St.

Berkeley

CA 94703

Both

Imperial Valley Housing Authority

Phone: (760) 351-7000

Fax: (760) 344-9712

1401 D St.

Brawley

CA 92227

Both

Burbank

Phone: (818) 238-5160

Fax: (818) 238-5159

150 N. Third St 2nd Floor

Burbank

CA 91502

Section 8

Calexico City

Phone: (760) 357-3013

Fax: (760) 357-3084

1006 E 5th St.

Calexico

CA 92231

Both

Carlsbad Housing Agency

Phone: (760) 434-2810

Fax: (760) 720-2037

2965 Roosevelt St Ste B

Carlsbad

CA 92008

Section 8

Butte

Phone: (530) 895-4474

Fax: (530) 895-4459

2039 Forest Ave S. #10

Chico

CA 95928

Both

Compton

Phone: (310) 605-3080

Fax: (310) 605-3096

600 North Alameda Room 163

Compton

CA 90220

Section 8

Crescent City

Phone: (707) 464-9216

Fax: (707) 464-2692

235 H St.

Crescent City

CA 95531

Section 8

Culver City

Phone: (310) 202-5764

Fax: (310) 253-5785

9770 Culver Boulevard

Culver City

CA 90232

Section 8

Dublin

Phone: (925) 828-3132

Fax: (925) 828-5450

6700 Dougherty Road apt. 151

Dublin

CA 94568

Low-Rent

Encinitas

Phone: (760) 633-2723

Fax: (760) 633-2818

505 South Vulcan Ave.

Encinitas

CA 92024

Section 8

Humboldt

Phone: (707) 443-4583

Fax: (707) 443-2150

735 West Everding St.

Eureka

CA 95503

Section 8

Eureka

Phone: (707) 443-4583

Fax: (707) 443-2150

735 W Everding St.

Eureka

CA 95503

Both

Fairfield

Phone: (707) 428-7392

Fax: (707) 425-0512

823b Jefferson St

Fairfield

CA 94533

Section 8

Fresno County Housing Authority

Phone: (559) 443-8400

Fax: (559) 445-8922

1331 Fulton Mall

Fresno

CA 93721

Both

Garden Grove

Phone: (714) 741-5150

Fax: (714) 741-5197

11277 Garden Grove Blvd S. 101-C

Garden Grove

CA 92843

Section 8

Glendale

Phone: (818) 548-3936

Fax: (818) 548-3724

141 North Glendale Ave. #202

Glendale

CA 91206

Section 8

Kings County Housing Auth

Phone: (559) 582-2806

Fax: (559)583-6964

680 N Douty St.

Hanford

CA 93230

Both

Hawaiian Gardens

Phone: (562) 420-2641

Fax: (562) 496-3708

21815 Pioneer Boulevard

Hawaiian Gardens

CA 90716

Section 8

Hawthorne Housing

Phone: (310) 349-1603

Fax: (310) 978-9864

4455 West 126th St.

Hawthorne

CA 90250

Section 8

Alameda County Housing Authority

Phone: (510) 538-8876

Fax: (510) 727-8554

22941 Atherton St.

Hayward

CA 94541

Both

Inglewood

Phone: (310) 412-5221

Fax: (310) 412-5188

1 Manchester Blvd. S. 750

Inglewood

CA 90301

Section 8

Livermore

Phone: (925) 447-3600

Fax: (925) 447-0942

3203 Leahy Way

Livermore

CA 94550

Both

Santa Barbara County

Phone: (805) 736-3423

Fax: (805) 735-7672

815 W Ocean Ave.

Lompoc

CA 93436

Both

Long Beach

Phone: (562) 570-6985

Fax: (562) 499-1022

521 East 4th St.

Long Beach

CA 90802

Section 8

Los Angeles City (HACLA)

Phone: (213) 252-2500

Fax: (213) 234-8946

2600 Wilshire Blvd

Los Angeles

CA 90057

Both

Lake County Housing Commission

Phone: (707) 995-4200

Fax: (707) 995-4253

15975 Anderson Ranch Pkwy

Lower Lake

CA 95457

Section 8

Madera

Phone: (559) 674-5695

Fax: (559) 674-5701

205 N. G St.

Madera

CA 93637

Both

Mariposa County Housing Authority

Phone: (209) 966-3609

Fax: (209) 966-3519

5174 Highway 49 North

Mariposa

CA 95338

Section 8

Contra Costa County

Phone: (925) 957-8045

Fax: (925) 372-0236

3133 Estudillo St.

Martinez

CA 94553

Both

Yuba County Housing Authority

Phone: (530) 749-5460

Fax: (530) 749-5464

915 8th St., S. 130

Marysville

CA 95901

Section 8

Merced

Phone: (209) 386-4139

Fax: (209) 722-0106

405 U St.

Merced

CA 95341

Both

Stanislaus

Phone: (209) 557-2000

Fax: (209) 557-2011

1701 Robertson Rd

Modesto

CA 95351

Both

Napa Housing Authority

Phone: (707) 257-9543

Fax: (707) 257-9239

1115 Seminary St.

PO Box 660

Napa

CA 94559

Section 8

National City

Phone: (619) 336-4254

Fax: (619) 477-3747

140 E 12th St., Ste. B

National City

CA 91950

Section 8

Needles

Phone: (760) 326-3222

Fax: (760) 326-2741

908 Sycamore Drive

Needles

CA 92363

Both

Nevada County Housing Authority

Phone: (530) 265-1340

Fax: (530) 265-9860

950 Maidu Ave

PO Box 1210

Nevada City

CA 95959

Section 8

Ventura County

Phone: (805) 480-9991

Fax: (805) 480-1021

1400 W Hillcrest Drive

Newbury Park

CA 91320

Both

Norwalk

Phone: (562) 929-5588

Fax: (562) 929-5537

12035 Firestone Bl.

Norwalk

CA 90650

Section 8

Oakland HA

Public Housing: (510) 874-1500

Section 8: (510) 587-2100

Fax: (510) 587-2132

1619 Harrison St.

Oakland

CA 94612

Both

Oceanside

Phone: (760) 435-3360

Fax: (760) 757-9076

321 North Nevada St.

Oceanside

CA 92054

Section 8

Oxnard Housing Authority

Phone: (805) 385-8096

Fax: (805) 385-7969

435 South D St.

Oxnard

CA 93030

Both

Pasadena

Phone: (626) 744-8300

Fax: (626) 744-8330

649 N. Fair Oaks Ave, S.202

Pasadena

CA 91103

Section 8

Paso Robles

Phone: (805) 238-4015

Fax: (805) 238-4036

3201 Pine St.

Paso Robles

CA 93446

Low-Rent

Pico Rivera

Phone: (562) 801-4347

Fax: (562) 949-7506

6615 Passons Boulevard

Pico Rivera

CA 90660

Section 8

Pittsburg

Phone: (925) 252-4113

Fax: (925) 427-2715

916 Cumberland St.

Pittsburg

CA 94565

Section 8

El Dorado County PHA

Phone: (530) 621-6300

Fax: (530) 295-2598

937 Spring St.

Placerville

CA 95667

Section 8

Pleasanton

Phone: (925) 484-8008

Fax: (925) 484-8234

123 Main St.

Pleasanton

CA 94566

Low-Rent

Pomona Housing Authority

Phone: (909) 620-2368

Fax: (909) 620-4567

505 S. Garey Ave., Box 660

Pomona

CA 91769

Section 8

Port Hueneme Housing Authority

Phone: (805) 986-6522

Fax: (805) 986-6562

250 N Ventura Road

Port Hueneme

CA 93041

Both

Plumas

Phone: (530) 283-2466

Fax: (530) 283-2478

183 W Main St.

Quincy

CA 95971

Both

Tehama

Phone: (530) 527-6159

Fax: (530) 527-4365

310 So. Main St.

Red Bluff

CA 96080

Section 8

Redding Housing Authority

Phone: (530) 225-4048

Fax: (530) 225-4126

777 Cypress Ave.

Redding

CA 96001

Section 8

Shasta County Housing Authority

Phone: (530) 225-5160

Fax: (530) 225-5178

1450 Court St., S. 108

Redding

CA 96001

Section 8

Redondo Beach

Phone: (310) 318-0635

1922 Artesia Blvd

Redondo Beach

CA 90278

Section 8

Richmond Housing Authority

Phone: (510) 621-1310

Fax: (510) 237-5230

330 24th St.

Richmond

CA 94804

Both

Riverbank

Phone: (209) 869-4501

Fax: (209) 869-6814

Stanislaus

Riverbank

CA 95367

Low-Rent

Riverside County

Phone: (951) 351-0700

Fax: (951) 688-6873

5555 Arlington Ave.

Riverside

CA 92504

Both

Roseville Housing Authority

Phone: (916) 774-5270

Fax: (916) 746-1295

311 Vernon St.

Roseville

CA 95678

Section 8

Sacramento City & County

Phone: (916) 440-1319

Fax: (916) 442-3718

801 12th St.

Sacramento

CA 95814

Both

California Dept of Housing & Community Development

Phone: (916) 324-7696

Fax: (916) 323-6016

PO Box 952054

1800 3rd St. 390-4

Sacramento

CA 94252

Section 8

Monterey

Phone: (831) 775-5000

Fax: (831) 424-9153

123 Rico St.

Salinas

CA 93907

Both

San Bernardino County

Phone: (909) 890-0644

Fax: (909) 890-4618

715 E. Brier Dr

San Bernardino

CA 92408

Both

San Diego Housing Commission

Phone: (619) 231-9400

Fax: (619) 578-7375

1122 Broadway S. 300

San Diego

CA 92101

Both

San Diego County

Phone: (858) 694-4801

Fax: (858) 694-4871

3989 Ruffin Road

San Diego

CA 92123

Both

San Francisco Housing Authority

Phone: (415) 554-1200

Fax: (415) 241-1024

1815 Egbert Ave.

San Francisco

CA 94124

Both

San Jose City Housing Authority

Phone: (408) 275-8770

Fax: (408) 280-0358

505 West Julian St.

San Jose

CA 95110

Section 8

Santa Clara

Phone: (408) 275-8770

Fax: (408) 280-0358

505 W Julian St.

San Jose

CA 95110

Both

San Luis Obispo

Phone: (805) 543-4478

Fax: (805) 543-4992

487 Leff St.

San Luis Obispo

CA 93401

Both

Marin Housing

Phone: (415) 491-2525

Fax: (415) 479-3305

4020 Civic Center Drive

San Rafael

CA 94903

Both

Orange County

Phone: (714) 480-2700

Fax: (714) 480-2945

1770 North Broadway

Santa Ana

CA 92706

Section 8

Santa Ana Housing Authority

Phone: (714) 667-2200

Fax: (714) 547-5411

20 Civic Center Plaza 2nd Fl, M-27

Santa Ana

CA 92701

Section 8

Santa Barbara City

Phone: (805) 965-1071

Fax: (805) 564-7041

808 Laguna St.

Santa Barbara

CA 93101

Both

Santa Cruz County Housing Authority

Phone: (831) 454-9455

Fax: (831) 469-3712

2931 Mission St.

Santa Cruz

CA 95060

Both

San Juan Bautista

Phone: (831) 454-9455

Fax: (831) 469-3712

2931 Mission St.

Santa Cruz

CA 95060

Section 8

Hollister

Phone: (831) 454-9455

Fax: (831) 469-3712

2931 Mission St.

Santa Cruz

CA 95060

Section 8

Lakewood

Phone: (562) 347-4830

Fax: (562) 944-2732

12131 Telegraph Road

Santa Fe Springs

CA 90670

Section 8

Paramount

Phone: (562) 347-4830

Fax: (562) 944-2732

12131 Telegraph Road

Santa Fe Springs

CA 90670

Section 8

Lawndale

Phone: (562) 347-4830

Fax: (562) 944-2732

12131 Telegraph Road

Santa Fe Springs

CA 90670

Section 8

Santa Fe Springs

Phone: (562) 347-4830

Fax: (562) 944-2732

12131 Telegraph Road

Santa Fe Springs

CA 90670

Section 8

Lomita

Phone: (562) 347-4830

Fax: (562) 944-2732

12131 Telegraph Road

Santa Fe Springs

CA 90670

Both

Santa Monica Housing Authority

Phone: (310) 458-8743

Fax: (310) 264-7757

1901 Main St., Ste. A

Santa Monica

CA 90405

Section 8

Santa Paula

Phone: (805) 535-3339

Fax: (805) 525-3887

15500 W. Telegraph Rd, B-11

Santa Paula

CA 93060

Section 8

Sonoma

Phone: (707) 565-7500

Fax: (707) 565-7583

1440 Guerneville Road

Santa Rosa

CA 95403

Section 8

Santa Rosa Housing Authority

Phone: (707) 543-3300

Fax: (707) 543-3317

90 Santa Rosa Ave.

Santa Rosa

CA 95402

Section 8

Soledad

Phone: (831) 678-3686

Fax: (408) 678-2471

121 Alder St.

Soledad

CA 93960

Low-Rent

South Gate

Phone: (323) 563-9585

Fax: (323) 567-0725

8650 California Ave.

South Gate

CA 90280

Section 8

S. San Francisco

Phone: (650) 583-7631

Fax: (650) 583-5932

350 C St.

South San Francisco

CA 94080

Low-Rent

San Joaquin

Phone: (209) 460-5069

Fax: (209) 460-5165

448 S Center St.

Stockton

CA 95203

Both

Suisun City Housing Authority

Phone: (707) 421-7330

Fax: (707) 429-3758

701 Civic Center Blvd.

Suisun City

CA 94585

Section 8

Lassen County

Phone: (530)251-8346

2545 Main St.

Susanville

CA 96130

Section 8

Torrance

Phone: (310) 618-5840

Fax: (310) 618-2429

3031 Torrance Boulevard

Torrance

CA 90503

Section 8

Mendocino County

Phone: (707) 463-5462

Fax: (707) 463-4188

1076 N State St.

Ukiah

CA 95482

Both

Upland Housing Authority

Phone: (909) 982-2649

Fax: (909) 982-0237

1200 North Campus Ave.

Upland

CA 91786

Both

Vacaville

Phone: (707) 449-5675

Fax: (707) 449-6242

40 Eldridge Ave. #2

Vacaville

CA 95688

Section 8

Solano

Phone: (707) 449-5675

Fax: (707) 449-6242

40 Eldridge Ave. S. 2

Vacaville

CA 95688

Section 8

Vallejo

Phone: (707) 648-4507

Fax: (707) 648-5249

200 Georgia St.

Vallejo

CA 94590

Section 8

San Buenaventura City

Phone: (805) 648-5008

Fax: (805) 643-7984

995 Riverside St.

Ventura

CA 93001

Both

Tulare County Housing Authority

Phone: (559) 627-3700

Fax: (559) 733-0169

5140 W Cypress Ave.

Visalia

CA 93277

Both

Wasco Apts.

Phone: (661) 758-6406

Fax: (661) 758-0765

750 H St.

Wasco

CA 93280

Low-Rent

West Hollywood

Phone: (562) 347-4830

Fax: (562) 944-2732

8300 W. Santa Monica Blvd

West Hollywood

CA 90069

Section 8

Yolo County Housing

Phone: (530) 662-5428

Fax: (530) 662-5429

147 West Main St.

Woodland

CA 95695

Both

Regional Hsg Authority of Sutter & Nevada

Phone: (530) 671-0220

Fax: (530) 673-0775

1455 Butte House Rd

Yuba City

CA 95993

Both

Appendix B
A list of transitional housing that may accept your application while you are still incarcerated

The following chart is a list of transitional housing options for individuals who are currently incarcerated and are being proactive about lining up housing for post release or are looking to provide documentation to the parole board that they have transitional housing that will accept them if they receive a parole date.[1358]

For more information on the different programs, you can write the address listed or call the phone number.

Please note that this chart is not comprehensive – there may be places that accept applications from people currently incarcerated who are not on this list.

**(Adapted from information shared by Uncommon Law, http://uncommonlaw.org/.)**

Name

Address

City

Phone

Other/Notes

Re-Entry Inc.

P.O. Box 6804

Auburn, CA 95604

(530) 885-4509

www.re-entryprogram.com

Hope Help Healing

11960 Heritage Oak Place

Auburn, CA 95603

(530) 885-4249

Isaiah’s Recovery Services

1904 Clarendon St.

Bakersfield, CA 93307

(661) 633-9702

Human Potential Consultants, LLC

550 E. Carson Plaza Dr., Suit 127

Carson, CA 90746

(310) 756-1560

Crossroads, Inc.

P.O. Box 15

Claremont, CA 91711

(909) 626-7847

Women only
http://www.crossroadswomen.org

Seventh Step Foundation

475 Medford Ave.

Haward, CA 94541

(510) 278-0230

Prep-Partnership for Re-Entry Program

1224 W. 40th Place

Los Angeles, CA 90037

(213) 438-4820 ext. 23

Contact: Sister Mary Hodges

Victory Outreach

4160 Eagle Rock Blvd.

Los Angeles, CA 90065

(323) 258-7878

Holy Spirit Investments

6111 S. Verdun Ave.

Los Angeles, CA 90043

(323) 292-9971

Union Rescue Mission

545 S. San Pedro St.

Los Angeles, CA 90013

(213) 347-6300

A New Way of Life Re-Entry Project

P.O. Box 875288

Los Angeles, CA 90087

(323) 563-3575

www.anewwayoflife.org

healthRIGHT360

2307 West 6th St.

Los Angeles, CA 90057

(415) 762-3700

Also has services in San Francisco.
http://www.healthright360.org/services-offered/substance-use-disorder-treatment

The Francisco Homes

P.O. Box 7190

Los Angeles, CA 90007

(323) 293-1111

Multiple housing locations in LA.

Women in Transition Re-entry Project Inc.

P.O Box 59621

Los Angeles CA 90059

(310) 706-5580

Women only.

Love Lifted Me Recovery

P.O. Box 10966

Marina Del Ray, CA 90295

(310) 821-8677

Homeless Veteran’s Emergency Housing Facility

795 Willow Rd., Bldg. 323 B

Menlo Park, CA 94025

(650) 324-2881

For ex-veterans only.

Men of Valor Academy

6118 International Blvd.

Oakland, CA 94621

(510) 567-1308

Shirley Lamarr/The Centre

1447 El Camino Real

Redwood City, CA 94063

(650) 366-7225 (main line)

(650) 218-8256 (cell)

Housing available for people who are currently incarcerated; Provides job training; Provides GED help.

Restoration House

4141 Soledad Ave.

Sacramento, CA 95820

(916) 454-2068

Men’s Overcomers Discipleship Ministry

2733 Branch St., S. 1

Sacramento, CA 95815

(916) 920-3082

Delancey St.

600 Embarcadero

San Francisco, CA 94107

(415) 957-9800

2-year commitment.

(Also has L.A. location)

Catholic Rainbow Outreach

11419 Carmeneta Rd.

Whittier, CA 90605

(562) 944-2283

Recovery Zone

8035 Oakdale Ave.

Winnetka, CA 91306

N/A

Appendix C
Fact Sheet on CDCR-Funded Pre-Release Transitional Housing
    Male Community Reentry Program (MCRP)

Summary: Enables men to complete their sentences in a residential setting, with greater freedom and privileges. Programming is particularly (though not exclusively) geared towards people with both mental health and substance abuse issues. Program Timeframe: Participants must have 30 to 180 days left in their sentences at the time of placement. This means you should begin asking your counselor about the program as you approach your final 180 days. One day in the program is equivalent to one day of incarceration.Supervision: On-site correctional staff and employees from the contracted facilities (listed below) supervise program participants 24 hours a day. Participants must also wear ankle monitors.Locations: Oroville (Butte County), Bakersfield (Kern County), and Los Angeles, CA (Los Angeles County).Contacts:Butte County: Jody Alsdurf, (530) 533-5272Tri County Treatment2740 Oro Dam BlvdOroville, CA 95966Kern County: Jaime Contreras, (661) 861-6111, ex. 43Turning Point of Central California1100 Union Ave.Bakersfield, CA 93307Los Angeles County: Michael Brenner, (213) 251-2830HealthRight3602307 West 6th StreetLos Angeles, CA 90057

Am I eligible for the Male Community Reentry Program (MCRP)?

The MCRP accepts people with all levels of offenses from any institution in the state, so long as you have approximately 30 to 180 days left in your sentence at the time of placement in the program. To qualify for the program, your county of last legal residence must have been Butte County, Kern County, Los Angeles County, or San Diego County. If your county of last legal residence is elsewhere, you may still be able to participate in the MCRP if you transfer supervision to one of the four counties listed.

Certain people are automatically ineligible for the MCRP. If you meet any of the following criteria, you will not be considered for the program:

    You are listed on the sex offender registry pursuant to Penal Code section 290, are classified with an R-suffix denoting a past sexual offense, or have been convicted of a sexually violent offense as defined in Health and Safety Code section 6600.
    You have a Static Risk Assessment score of five or higher, which means the CDCR has predicted that you are likely to commit a violent offense upon release. This is calculated based on your age, gender, prior convictions, and rules violations.
    You have attempted to escape in the past five years
    You have active or potential felony holds, warrants, or detainers
    You have spent time in the Security Housing Unit or Psychiatric Security Unit within the last year
    You are classified as part of Security Threat Group I
    You have engaged in A through C-class misconduct within the last year of being in custody. In general, this includes acts that are especially violent (murder, batter, assault), dangerous (arson, damage to valuable property), or dishonest (bribery, forgery of important records, attempts to escape). Notably, while it would typically be considered a class B or C offense, possession of alcohol/drugs may not necessarily disqualify you from the MCRP.

How do I apply for the MCRP?

The MCRP is a voluntary program, so you must initiate the application process yourself by letting your counselor know you are interested. The application process has three components, all of which your counselor will provide: the application itself, a contract agreeing to certain terms, and mandatory assessments. The assessments use information about your personal background to determine which programs and services will best aid your reentry to society. This includes your history of substance abuse, medical and mental health, education, family background, criminal history, and social functioning.

Once you have completed these requirements, your application will go through a rigorous screening process lasting anywhere from 30 to 60 days. Medical staff, the warden, and a classification committee will all review your application and provide their input. If you are eligible, the committee may endorse you for placement. The committee makes decisions about placement on a case-by-case basis.

    Custody to Community Transitional Reentry Program (CCTRP)**

**Sometimes referred to as the “Enhanced Alternative to Custody Program”

Summary: Enables women to complete their sentences in a residential setting. Services are designed to prevent recidivism by addressing unique challenges women face upon reentry, such as gender-based trauma and mother-child relationships. From early morning until evening, participants partake in special activities and workshops, with some free time available. They may seek outside employment upon approval from the CCTRP staff, but a portion of earnings are held by the program until release.  Program Timeframe: Participants must have 45 days to two years left in their sentences at the time of placement. This means you should start asking your counselors about the program as you approach the last two years of your sentence. One day in the program is equivalent to one day of incarceration.Supervision: On-site correctional staff and contracted employees from the WestCare Foundation supervise program participants 24 hours a day. Participants must also wear ankle monitors.Locations: San Diego (San Diego County), Santa Fe Springs (Los Angeles County), Bakersfield (Kern County), Stockton (San Joaquin County).Contact: San Diego:                   (619) 359-8266                                    Westcare                                    3050 Armstrong Street                                    San Diego, CA 92117Santa Fe Springs:         (562) 236-9390                                    Los Angeles Centers for Alcohol and Drug Abuse                                    11121 Bloomfield Ave.                                    Santa Fe Springs, CA 90670Bakersfield:                  (661) 447-4666                                     Casa Aurora                                    1932 Jessie Street                                    Bakersfield, CA 93305Stockton:                      (209) 642-8488                                     Westcare                                    1609 N. Wilson Way                                    Stockton, CA 95205

Am I eligible for the Custody to Community Transitional Reentry Program (CCTRP)?

In order to qualify for the program, you must be housed at a women’s prison. In addition, the program requires that you have (1) a conviction for a serious or violent crime AND (2) 45 days to two years left in your sentence at the time of placement in the program.

How do I apply for the CCTRP?

To apply, you must volunteer to join the program. Your counselor can provide you with an application once you express interest. CDCR staff has the discretion to accept or deny applicants as it sees fit. In making this determination, CDCR staff will consider your institutional history and behavior. In particular, they will look into whether you have taken advantage of institutional program and shown a strong commitment to self-improvement.

    Community Prisoner Mother Program (CPMP)

Summary: Residential program in Pomona for mothers with up to two children under the age of six who were convicted of non-serious, nonviolent offenses. Children are invited to live at the 24-bed facility. Participants develop individual treatment plans for themselves and their children, with an emphasis on substance abuse recovery. Program workshops and activities emphasize substance abuse prevention, healthy parenting, and education. Program Timeframe: Participants can serve up to six years of their sentence at the CPMP. This means interested individuals should start asking their counselors about the program as they approach the last two years of their sentences. Participants must also have more than 90 days to parole or release at the time of placement. Locations: Pomona (Los Angeles County).Contact: Regina Dotson, 909-624-1233 x2160

Am I eligible for the Community Prisoner Mother Program?

In order to qualify for the program, you must meet a strict set of criteria, which is organized below by topic.

Housing and sentence criteria:

    You are eligible for placement in a Minimum Support Facility
    You have no immigration or felony holds
    You have up to six years remaining in your sentence after reduction for work-time credits
    You have more than 90 days left before you are scheduled to be paroled or released
    You are not currently committed as an active Civil Addict

Criteria related to children:

    You are pregnant OR mother to a child who is six years old or younger
    You have legal custody of the child
    You have not demonstrated predatory sexual behavior toward children
    If your child is a dependent of the Juvenile Court, you received permission from the Juvenile Court for your child’s placement
    You were the child’s primary caregiver prior to incarceration
    Child Protective Services has not challenged your child’s placement in CPMP
    The person currently caring for the child has not challenged your child’s placement in CPMP
    A court has not declared you an unfit parent
    You and your child do not have current medical or psychiatric problems requiring ongoing medical treatment not offered at a CPMP facility

Disqualifying convictions:

    Arson under Penal Code sections 450 through 455
    Assault where you personally fired a gun or caused serious injury to the victim
    Any crime that requires registration under Penal Code section 290
    Any crime that received extreme public attention such that you would draw negative attention to the program  
    A violent offense as defined by Penal Code section 667.5(c) (a long list that includes homicide, certain sex crimes, and robbery). However, property crimes, robbery, first-degree burglary, and drug offenses do not automatically eliminate you from acceptance into the program, but are reviewed on a case-by-case basis. Similarly, if you were convicted of manslaughter or of a homicide crime committed in response to a physically abusive male partner/associate AND have no prior felony convictions or prior history of violence, you may still be eligible.  
    Kidnapping under Penal Code 207
    Robbery where you personally fired a gun or caused serious injury to the victim
    Weapons manufacture, sale or possession (includes enhancements to a conviction for another offense)

Disqualifying conduct while incarcerated:

    Attempts to escape or actual escape a penal institution
    Documented “walk-away” from a non-secure institution in the last 10 years
    Time in the Security Housing Unit (SHU) in the past year
    Pending Rules Violation Report (CDC Form 115)
    Finding of guilty of a serious rule violation during your current term of incarceration that resulted in a single credit loss of 91 days or more, or multiple credit losses of 31 days or more
    Documentation of prison-gang membership or affiliation, or enemies that could jeopardize the security of the community or facility
    History of adverse behavior in a community program that has led to your removal
    Documented evidence of drug use in the last six months of incarceration

How do I apply to the CPMP?

CPMP is a voluntary program. A CPMP Coordinator facilitates the application procedure at each of the women’s prisons, and should provide you with an application form, which you must fill out and submit to CDCR staff. The CDCR staff then determines eligibility by looking at the nature of your crime, whether you have a history of violence, and your physical, mental, and dental health. According to a 2010 investigation by Legal Services for Prisoners with Children, this process takes anywhere from a few months to over a year

    Female Community Reentry Facility (FCRF)

Summary: Pre-release program for women within three years of release. A 300-bed, dormitory style facility, it offers programming on subjects such as substance abuse, anger management, family relationships, and professional development. Also includes a supervised participant-operated hair salon. Program Timeframe: Participants must have three years left in their sentences. This means interested individuals should start asking their counselors about the program as they approach the last three years of their sentences. One day in the program is equivalent to one day of incarceration.Supervision: On-site correctional staff and contracted employees from the GEO Group supervise program participants 24 hours a day. Participants must also wear ankle monitors.Locations: McFarland, CA (Kern County)Contact: Captain Patrick Kehoe, 661-792-1078

Am I eligible for the FCRF?

In order to qualify for the program, you must have three years left in your sentence at the time of placement in the program. CDCR staff has the discretion to accept or deny applicants as it sees fit.

How do I apply for the FCRF?

To apply, you must volunteer to join the program by submitting an application. A CDCR staff member will be able to answer your questions regarding eligibility and application procedures.

    Alternative Custody Program (ACP)

Summary: Individually tailored program for men and women, each of whom must create a rehabilitation plan outlining their goals. Participants are placed in transitional homes or residential drug treatment centers, based on their employment plans, transportation needs, and the need for focused services such as substance abuse treatment or parenting classes. Program Timeframe: Participants must have 45 days to two years left in their sentences. This means interested individuals should start asking their counselors about the program as they approach the last two years of their sentences. One day in the program is equivalent to one day of incarceration.Supervision: Level of supervision is determined on a case-by-case basis, as determined by a special parole agent, whose job is to monitor participants’ progress. Supervision may include electronic monitoring, mandatory drug tests, and face-to-face meetings with Division of Adult Parole Operations staff. Locations: Depends on facility. At publication, there is no list of approved facilities.Contact: Rosalyn Livingston, CDCR Contract Beds Unit, 916-464-5692

Am I eligible for the Alternative Custody Program (ACP)?

In order to qualify for the program, you must have 45 days to two years left in your sentence at the time of placement in the program. CDCR staff has the discretion to accept or deny applicants as it sees fit. Certain people are automatically ineligible for the ACP. If you meet any of the following criteria, you will not be considered for the program:

    You were convicted of a violent felony as defined in Penal Code section 667.5(c) (includes homicide, certain sex crimes, and any robbery).
    You were convicted of a serious felony as defined in Penal Code section 1192.7. (includes homicide, certain sex crimes, kidnapping, and certain assault crimes).
    You are listed on the sex offender registry pursuant to Penal Code section 290 or have been convicted of a sexually violent offense as defined in Health and Safety Code section 6600.
    You have a Static Risk Assessment score of five or higher, which means the CDCR has predicted you are likely to commit a violent offense upon release. This is calculated based on your age, gender, prior convictions, and rules violations.
    You have attempted to escape a penal institution in the past five years.
    You have active or potential felony holds, warrants, or detainers.
    Someone has filed an active restraining order against you.
    You have spent time in the Security Housing Unit or Psychiatric Security Unit within the last year.
    You have a history of associated with gangs while in custody.
    The Board of Parole Hearings has found that you violated a condition of parole by committing a serious or violent offense or absconding within the past two years.
    You have engaged in A through C-class misconduct within the last year of being in custody. In general, this includes acts that are especially violent (murder, battery, assault), dangerous (arson, damage to valuable property), or dishonest (bribery, forgery of important records, attempts to escape). Notably, while it would typically be considered a class B or C offense, possession of alcohol/drugs may not necessarily disqualify you from the MCRP.
    You meet other, undefined exclusionary criteria, which potentially includes a current medical or psychiatric diagnosis, a history of perpetrating child abuse, and the inability to find an appropriate placement site. In such cases, CDCR staff will decide to exclude on a case-by-case basis.

How do I apply for the ACP?

First, you need to obtain an acceptance letter from an existing transitional housing facility. Once you have received this letter, you may ask your counselor for an ACP application. When you fill out this application, list the facility that has accepted you as your chosen site. The CDCR must approve of the site.

Once you are determined to be eligible for the ACP, a CDCR staff member will respond within two weeks to notify you that your eligibility has been approved. Staff will then help you develop an individualized treatment and rehabilitation plan, to be used if you are accepted into the program.  

Lastly, you will receive a written notice explaining whether your application was accepted or denied. If your application is accepted, you will be released no later than seven business days after receiving written notice. If there are no free beds at your requested facility, you will be released the first day a bed becomes available.

If your application is denied, the written notice will explain the reasons for denial. You may appeal the denial through normal grievance procedures, or can reapply 30 days after receiving written notice.

AppendiX D
NHLP Chart—Federally Assisted Housing Programs: Admissions For Applicants With Certain Criminal Backgrounds

See next page.

Federally Assisted Housing Programs: Admissions for Applicants with Certain Criminal Backgrounds*

Convicted of producing meth at federally-assisted housing^

Lifetime registered sex offender

Prior eviction from federally-assisted housing^ for drug-related activity

History of drug-related criminal activity

History of violent criminal activity

History of crimes that threaten health, safety, or peaceful enjoyment

Current user of illegal substances

Public Housing

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 960.204(a)(3).

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R.

§ 960.204(a)(4).

3-year ban on admission unless applicant is rehabilitated. 42 U.S.C.

§§ 13661(a) and 13664;

24 C.F.R.

§ 960.204(a)(1).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 960.203(d).

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 960.204(a)(2).

Voucher Program

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 982.553.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R. § 982.553.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 982.553.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA has discretion to admit applicant.

42 U.S.C.A.

§ 13661(c);

24 C.F.R.

§ 982.553.

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 982.553.

Section 8 Mod Rehab

Permanent ban on admission.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 882.518.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R.

§ 882.518.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R.

§ 882.518.

PHA must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R.

§ 882.518.

Section 8 SRO Mod. Rehab. for homeless

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R.

§§ 882.805(c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R. §§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may require a ban.

24 C.F.R.

§§ 882.805 (c); see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2), see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2),

see also provisions cited above under Section 8 Mod. Rehab.

PHA or owner has discretion to admit applicant.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2),

see also provisions cited above under Section 8 Mod. Rehab.

Current funds are appropriated for homeless individuals.

42 U.S.C. § 11401. Regulations may deny admission.

24 C.F.R.

§§ 882.805 (c) and 882.808(b)(2); see also provisions cited above under Section 8 Mod. Rehab.

Project-based Section 8

No requirement imposed by federal law. Owner has discretion to admit applicant.

42 U.S.C.

§ 1437n(f);

24 C.F.R. § 5.855.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 5.854.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R § 5.854

* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514. CHART CONTINUES ON NEXT PAGE…

(CONTINUED FROM PREVIOUS PAGE)

Federally Assisted Housing Programs:

Admissions for Applicants with Certain Criminal Backgrounds*

Convicted of producing meth at federally-assisted housing^

Lifetime registered sex offender

Prior eviction from federally-assisted housing^ for drug-related activity

History of drug-related criminal activity

History of violent criminal activity

History of crimes that threaten health, safety, or peaceful enjoyment

Current user of illegal substances

Sections 202, 811, 221(d)(3), 236

No requirement imposed by federal law. Owner has discretion to admit applicant.

42 U.S.C.

§ 1437n(f);

24 C.F.R.

§ 5.855.

Permanent ban on admission.

42 U.S.C. §§ 13663 and 13664; 24 C.F.R § 5.856.

3-year ban on admission unless applicant is rehabilitated.

42 U.S.C.

§§ 13661 and 13664;

24 C.F.R. § 5.854.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner has discretion to admit applicant.

42 U.S.C.

§ 13661(c);

24 C.F.R. § 5.855.

Owner must deny admission.

42 U.S.C.

§ 13661(b);

24 C.F.R § 5.854.

USDA Housing

Owner has discretion to admit applicant. 7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant. 7 C.F.R. § 3560.154; but see 42 U.S.C.

§§ 13663 and 13664, which extend to Section 515 and 514 housing.

Owner has discretion to admit applicant. 7 C.F.R.

§ 3560.154;

but see 42 U.S.C.

§§ 13661 and 13664, which extend to Section 515 and 514 housing.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154.

Owner has discretion to admit applicant.

7 C.F.R.

§ 3560.154; see also 42 U.S.C.

§ 13661(b) and 24 C.F.R. § 5.850(c).

HOME

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R. § 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant. 24 C.F.R.

§ 92.253(d).

No requirements imposed by federal law; Owner has discretion to admit applicant.

24 C.F.R.

§ 92.253(d).

* There are no federal requirements regarding admission of individuals with criminal background to Low-Income Housing Tax Credit (LIHTC) housing, Shelter Plus Care (S+C) (see generally 24 C.F.R. §§ 582.325 and 582.330), Supportive Housing Program (SHP) (see generally 24 C.F.R. § 583.325) or Housing Opportunities for Persons with AIDS (HOPWA) (see generally 24 C.F.R. § 574.603). Federally-assisted housing is defined, in this context, to include, public housing, Section 8, Section 202, Section 811, Section 221(d)(3), Section 236, Section 515 and Section 514.

Appendix E
Disabilities & Requesting Reasonable Accommodations on Any Housing Application
AS SOMEONE APPLYING FOR HOUSING (PRIVATE OR GOVERNMENT-ASSISTED), WHAT DO MY DISABILITIES HAVE TO DO WITH MY CRIMINAL RECORD?

If you can prove that your criminal conviction was the result of a disability—for example, due to mental illness and/or past drug addiction you may be able to get a “reasonable accommodation” when applying for ANY type of housing. However, a PHA, owner, or other housing provider is not required to grant a reasonable accommodation to an individual with a disability if that person would be a “direct threat” to the health, safety or property of others, unless the requested reasonable accommodations can actually eliminate or significantly reduce such a threat.

Under the law, housing providers cannot treat persons with disabilities exactly the same as other housing applicants or residents if doing so denies people with disabilities an equal opportunity to use and enjoy a dwelling.[1359] Therefore, by law, a PHA or owner must make reasonable accommodations to its rules, policies, practices, or services when it may be necessary to provide applicants with disabilities an equal opportunity to use and enjoy a living space[1360]even if that accommodation results in a preference for disabled individuals over similar, non-disabled individuals.[1361] This rule applies to ALL types of housing—public and private.

WARNING: Just because you committed a criminal offense as a result of a disability does not mean you automatically have the right to a reasonable accommodation for housing. It can be very difficult to prove that your disability CAUSED your criminal offense, AND that the disability is the type that qualifies you for a reasonable accommodation

IF MY CRIMINAL CONVICTION WAS THE RESULT OF A DISABILITY, WHAT IS A REASONABLE ACCOMMODATION THAT I CAN ASK FOR?

A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary to give an applicant with a disability an equal opportunity to use and enjoy a living space.[1362] There is no limit or restriction to the type of accommodation that you can request, as long as the accommodation is reasonable. As a general rule, an accommodation will be considered reasonable so long as it does NOT:

    Pose an undue financial burden on the PHA or owner, and/or
    Require the PHA or owner to fundamentally change its housing program[1363]

It’s recommended that you ask a Public Housing Authority (PHA), owner, or housing provider to look at your criminal record using a different standard, or to make an exception to its criminal history policy altogether as a reasonable accommodation. Keep reading to learn about approaches for asking your PHA or landlord for a reasonable accommodation.

WHAT IS CONSIDERED A DISABILITY IN CALIFORNIA?

California law defines a disability as any physical or mental impairment that limits one or more of your major life activities.[1364]

> What is a physical disability under California state law?

A physical impairment is any disease, physical disorder, physical condition, or disfigurement that:

    Affects one or more of your body systems (i.e. your heart, your eyes) or functions (i.e. breathing, speaking), and
    Limits a major life activity.[1365]

> What is considered a mental impairment under California state law?

A mental impairment is any mental or psychological condition that limits a major life activity. Common examples of mental impairments are: intellectual disabilities; brain disease; emotional or mental illnesses; learning disabilities; and any other mental or psychological condition that requires special attention or services[1366]

WHAT IS NOT CONSIDERED A DISABILITY IN CALIFORNIA?

It is not a protected disability if you are:

    Currently engaged in illegal drug use;
    Currently abusing alcohol in a way that interferes with others’ health, safety, or peaceful enjoyment of the property;
    People who pose a substantial threat to others, that cannot be controlled by a reasonable accommodation (see below for more information on reasonable accommodations)[1367]
DOES DRUG ADDICTION QUALIFY AS A DISABILITY?

Technically, yes, if it is PAST drug use and you have permanently stopped using illegal drugs, it does qualify as a disability under both federal and state law. BUT If you are currently using illegal drugs, then you are not considered disabled.[1368] See the next question for what is considered a disability in California.

IMPORTANT! There are no reported California cases where a rehabilitated applicant with a history of substance abuse, or an applicant with mental impairment, and a history of criminal acts arising from the substance abuse or mental illness has been granted a reasonable accommodation from a PHA’s criminal activity restrictions. Courts have generally been unreceptive to these arguments. Specifically, courts have been hesitant to accept arguments that a housing applicant’s criminal convictions were the result of mental illness and/or past substance abuse. Again, since it may be difficult to prove that your criminal conviction was the result of your mental illness and/or drug addiction, it is important that you offer as much evidence as possible.

HOW can I PROVE MY PAST DRUG USE QUALIFIES AS A DISABILITY?

Under this rule, it can be tricky to prove that you are not a current illegal drug user, especially if there was drug use or convictions for drug use in your recent past. The law doesn’t clearly define what counts as “current” illegal drug use, and there are no reported California court decisions defining “current” illegal drug use.[1369] Some courts outside of California have said a person is NOT a current illegal drug user if that person has permanently stopped using illegal drugs for periods of time ranging from a few months to a year.[1370] Outside of California, courts have said that someone is still a “current” user if they have stopped using for only a few weeks.[1371]

Based on the different ways courts are treating this issue, we recommend that you provide evidence that you are not a current user by showing any proof that:

    You have successfully completed a supervised substance abuse/drug rehabilitation program;
    You are not currently using illegal drugs (meaning any proof that you have permanently stopped using illegal drugs); and/or
    You are currently participating in a supervised substance abuse/drug rehabilitation, treatment, or self-help program[1372]
IF I CAN SHOW THAT I’M DISABLED, HOW can I REQUEST A REASONABLE ACCOMMODATION AS I APPLY FOR HOUSING?

Send a written letter requesting a reasonable accommodation to the PHA, housing provider, or owner (the one making the decision) that clearly explains ALL of the following:

    That you have a disability, and what that disability is.
    That the disability caused the offense. Attach as much documentation as you can. For example:
    Letters from service providers showing that you experienced a mental illness and/or a drug addiction at the time of the offense; or even better, a letter from a doctor confirming the existence of your disability;[1373]
    If it is addiction, explain that you no longer suffer from addiction. Attach any documentation you have, such as letters from service providers showing successful completion of a rehabilitation program or effective or ongoing treatment for your addiction; and/or letters from service providers that show you are no longer using substances.
    What your requested accommodation is, clearly stated:
    Ask for what you want directly!! You could ask a PHA, owner, or housing provider to look at your criminal record using a different standard, or to make an exception to its criminal history policy altogether.
    Why the accommodation you are requesting is NECESSARY and REASONABLE.:
    Here, you should say that an exception from criminal history policy is NECESSARY to give you an equal opportunity to access the housing.
    Explain how your criminal conduct was the result of the disability —showing the relationship (also called a “nexus”) between your disability and your requested accommodation.[1374]
    It is more persuasive if you have a doctor or service provider submit a letter explaining why your disability requires a reasonable accommodation.
    You must also show that the requested accommodation is REASONABLE. A requested accommodation may be found reasonable if:
    It’s necessary for you to have an equal opportunity to enjoy the living space.
    It’s not too expensive for the landlord.
    The administrative burden is not too great.
    It doesn’t fundamentally change the PHA’s, housing provider’s, or owner/landlord’s operations.
    A landlord or PHA accommodation that gives you “preference” over similar non-disabled people may be reasonable under the circumstances.[1375]

“THE DIRECT THREAT EXCEPTION:” Remember that the law does not require that reasonable accommodations be granted to an individual with a disability if that person would be a “direct threat” to the health or safety of other individuals or if that person’s residency would result in substantial physical damage to the property of others UNLESS the reasonable accommodations requested can actually eliminate or significantly reduce such a threat.[1376] This is known as the “direct threat” exception. You have some protections if the PHA, housing provider, or landlord is arguing you are a “direct threat”:

ONCE I have SENT MY REQUEST FOR A REASONABLE ACCOMMODATION, what happens?

There are several phases of a reasonable accommodation request:[1378]

    Initial request (see PG. 416). This is when you first send your letter informing the PHA, owner, or housing provider that you have a disability and are requesting a reasonable accommodation[1379]
    Verification: Once you make your initial request for a reasonable accommodation, the PHA, owner, or housing provider will want to verify that you are indeed disabled.
    If your disability is obvious or known, and the need for a reasonable accommodation is known, then the housing provider should not ask you for any more information
    If your disability is known and obvious, but your need for the accommodation is not well-known or obvious, then the housing provider should ask only for information necessary to verify the need for a reasonable accommodation—for example, notes explaining your need from a doctor or clinician.
    If your disability or need for an accommodation is unknown or not obvious, the housing provider may ask for verification of both your disability and your need for a reasonable accommodation.[1380]
    The Decision. After reviewing your request, the PHA, owner, or housing provider will decide whether or not to grant your reasonable accommodation request.
    The “Interactive” process:
    If the PHA, owner, or housing provider refuses to grant you a reasonable accommodation, you should try to engage them in an informal “interactive process” in which you discuss alternative solutions that might meet both of your needs. HUD guidelines encourage you to try this informal route first, before starting the formal grievance procedure, because it is more flexible and often leads to quicker resolutions.[1381]
    If after the “interactive process,” the PHA, owner, or housing provider still refuses to grant you a reasonable accommodation, you may have to file a formal complaint with HUD or DFEH.[1382]
HOW can I CHALLENGE MY DENIAL FOR A REASONABLE ACCOMMODATION?

OPTION 1: YOU CAN FILE A COMPLAINT. If you believe that a PHA, owner, or housing provider denied your request for a reasonable accommodation due to your disability and/or your past drug use, you may file a complaint with HUD (federal housing protection agency) or with California’s DFEH (the state housing protection agency).[1383] After you file a complaint, if HUD or DFEH determines that you were discriminated against (they find your complaint has “merit”), then HUD or DFEH will file a civil lawsuit against the PHA, owner, or housing provider on your behalf. Go to Appendix I on PG. 425 to learn how to file a complaint with HUD or DFEH.

OPTION 2: YOU CAN TRY TO SUE IN COURT. To sue a housing provider under the federal Fair Housing Act (FHA), California’s Fair Housing and Employment Act (FEHA), or other state anti-discrimination laws (such as California’s Unruh Civil Rights Act),[1384] you must show that your status as an individual with a disability or drug history was a motivating factor in the owner’s or PHA’s decision to deny your reasonable accommodation request.[1385] You must also provide sufficient evidence that the requested accommodation is reasonable, and that you are a former/ recovering substance user (and not a current substance user), or that you are receiving treatment for your mental illness.[1386]

WHAT IS THE PHA, OWNER, or landlord LIKELY TO ARGUE TO DEFEND its decision to DENy my REASONABLE ACCOMDATION?

The PHA or owner will likely argue that you do not have a protected disability.

They might argue that, you are a “current user” of illegal drugs or substances, and therefore, you are not disabled under the law, OR that you have not sought adequate treatment for your mental illness, and therefore are not disabled under the law.[1387]

If you go to court, you can attempt to disprove these arguments by providing treatment records establishing that you have not used illegal substances for the relevant period of time, or that you receive treatment for your mental illness.[1388] Your argument will be even stronger if you can provide evidence of your participation in or completion of a drug/substance abuse treatment program, or proof that you receive treatment for your mental illness. Go to PG. 359 to learn more about challenging a denial from federal government-assisted housing, or go to PG. 386 to learn more about challenging a denial from private housing.

Appendix F
Sample Consent Form that Your Drug or Alcohol Treatment Program Could Use to Disclose Information About Your Treatment

See next page.

Appendix G
Housing Owners’/Landlords’ Access to Credit Reports
WHAT IS A CREDIT REPORT?

Your credit report includes information about creditworthiness, such as your record of paying bills on time. A credit report will show information dating back 7 years (or 10 years in the case of a bankruptcy), including the following

    history of paying bills and loans on time or record of late payments;
    open accounts and level of indebtedness;
    collection actions;
    bankruptcies or tax liens; and
    civil court judgments, including housing-related court actions filed by a previous landlord that may or may not have led to a past eviction.

HOWEVER, a credit report does NOT include criminal history information like a tenant report would.

WHO CAN ACCESS MY CREDIT REPORT?

Anyone who is evaluating your ability to pay for housing can order your credit report in California. That means that private owners, PHAs, AND owners of government-assisted housing can order a credit report to see if you have good credit and will be a reliable tenant.

DOES MY CONSISTENTLY PAYING RENT ON TIME IN THE PAST HELP MY CREDIT STANDING?

Maybe, but most likely not. The companies that collect information about your credit standing are only just beginning to collect this information in a systematized way.

A credit report will show whether or not you’ve ever been evicted, your ability to pay credit card bills, utility bills, and other bills on time, and any success you’ve had paying back loans.[1389]

CAN SOMEONE FIND OUT ABOUT PAST LATE PAYMENTS ON RENT FROM A CREDIT REPORT?

Maybe. Generally, late rent payments are not a part of your credit history unless the landlord or management company is reporting them. If the matter was referred to a collection agency or a civil court (like eviction case started against you), it is possible it would show up on your credit report.

Appendix H
San Francisco Fair Chance Ordinance
WHAT IS THE SAN FRANCISCO FAIR CHANCE ORDINANCE (SF FCO)?

The San Francisco Fair Chance Ordinance (SF FCO)is a new law that offers special protections for people with criminal records who apply to certain types of affordable housing in San Francisco.[1390] (If you are interested in the parts of this new law that apply to employment, go the EMPLOYMENT CHAPTER, Appendix G, on PG. 623.)

LOOKING FOR MORE INFORMATION ONLINE?

Check out the San Francisco Human Rights Commission’s website about how the SF FCO applies to affordable housing providers: http://sf-hrc.org/sites/sf-hrc.org/files/Fair%20Chance%20Housing%20Notice%20FINAL.pdf.

WHAT KINDS OF HOUSING DOES THE SAN FRANCISCO FAIR CHANCE ORDINANCE PROTECT?

It protects applicants and tenants in city-funded affordable housing in San Francisco, California. It does NOT apply to federally subsidized housing (unless the property is receiving multiple subsidies including city-funded subsidies to keep it affordable).

DOES THE SAN FRANCISCO FAIR CHANCE ORDINANCE APPLY TO federal government-assisted HOUSING?

No. These new legal protections apply only to city government-funded affordable housing in San Francisco, CA.

WHAT KIND OF PROTECTIONS DOES THIS LAW GIVE ME IF I’M APPLYING TO CITY-FUNDED AFFORDABLE HOUSING IN SAN FRANCISCO AND HAVE A CRIMINAL RECORD?

We break down what rights the SF FCO gives you in each step of your application to affordable housing in San Francisco:

Know your rights when applying for affordable housing in San Francisco.

When you are APPLYING, Affordable housing providers in San Francisco:

    MUST NOT have a question about past convictions on the initial application. Before an affordable housing provider asks about your convictions or looks at a background check report on you, it must:[1391]
    Determine that you are (1) legally eligible to rent the housing unit and (2) qualified to rent the housing unit under the affordable housing provider’s criteria for evaluating rental history and credit history;
    Provide notice about the San Francisco Fair Chance Ordinance;[1392] and
    Provide notice about state and federal laws about background checks.[1393]
    MUST NOT have blanket bans like “No Felons Apply.”
    In ads, they MUST state that they will consider qualified applicants with criminal histories.
    They MUST have a notice posted about the San Francisco Fair Chance Ordinance.[1394] Here is an electronic copy of the notice that affordable housing providers must post: http://sf-hrc.org/sites/sf-hrc.org/files/Fair%20Chance%20Housing%20Notice%20FINAL.pdfn. You can also see a copy on Appendix H, PG. 422.

Know you rights when asked about your criminal background.

What can city-funded affordable housing providers in San Francisco ask me about my criminal record after they find I am qualified for the housing in every other way?

After you’re found qualified, an affordable housing provider in San Francisco can ask about: pending (open) arrests, and convictions that are 0–7 years old (based on the date of sentencing).[1395] BUT even though they can ask about this information, there are limits on how the affordable housing provider can use it—see Step 3 below.

What can city-funded affordable housing providers in San Francisco NEVER ask me about my criminal record?

City-funded housing providers in San Francisco can never ask about:

    Arrests that didn’t lead to a conviction;
    Diversion or deferral programs;
    Dismissed convictions (which means any conviction that has been dismissed, expunged, voided, invalidated, or made inoperative by the Court);
    Juvenile convictions;
    Convictions older than 7 years (based on the date of sentencing);
    Infractions (meaning anything that is not a misdemeanor or felony).
    Affordable housing providers cannot ask about these 6 types of cases and can never use them against you at any stage!

Know you rights when being considered for affordable housing in San Francisco.

An affordable housing provider in San Francisco that is considering your conviction history must:

    Conduct an individualized assessment—meaning look at all of the circumstances of the person applying to housing and information available about their criminal record, including mitigating circumstances;
    Consider only “directly-related” convictions — which means that the underlying conduct “has a direct and specific negative bearing on the safety of persons or property, given the nature of the housing;”[1396]
    Consider the time that has passed since your conviction(s); and
    Consider any evidence of rehabilitation or mitigating information you share, such as:
    Completion of parole or probation;
    Letters of recommendation from employers or others;
    Education or training you’ve received;
    Participation in an alcohol/drug treatment program;
    Completion of rehabilitation programs; and
    Any additional context for the conviction—including your age when you were convicted, or mitigating factors like physical or emotional abuse, coercion, untreated abuse/mental illness that led to the conviction.

Know you rights if you are denied affordable housing in San Francisco because of your criminal record.

If an affordable housing provider in SF wants to deny you because of your record, THEY MUST abide by the following rules:

    They cannot deny you because of a conviction more than 7 years old (based on the date of sentencing)
    They cannot deny you because of arrests that never led to convictions;
    They must provide you a copy of your background report;
    They must tell you why you were denied—what the issue was in your conviction history; and
    Give you 14 days to provide information about your rehabilitation or any errors in the background check report.

Know your rights to receive a final decision after you respond AND have to bring your case to another level of appeal.

Must I get notice of the housing provider’s final decision?

Yes. An affordable housing provider in SF who makes a final decision to deny you must give you a final notice. If a final negative decision is made based on your criminal record, you should consider challenging the decision to the San Francisco Human Rights Commission. HOW? See STEP 6 below.

Report clear violations to the San Francisco Human Rights Commission within 60 days.

If you believe that there has been a violation of the rules above, you should report it to the SF Human Rights Commission. This must be done within 60 days of the violation (when you get your final decision).[1397]

You can begin the process of reporting a violation by following these 3 steps:

    Step 1: Fill out a complaint form online here: http://hrc.sfintranet.firmstep.com/achieveforms-node/discrimination-public-form, and submit. Give as many details about the discrimination as possible! You can submit the complaint form online, by mail, or in person.
    Step 2: Call (415) 252-2500 to schedule an intake interview. If you submitted the intake questionnaire online, HRC will contact you to set up an intake interview appointment.
    Step 3: After intake, the HRC will try to mediate between you and the housing provide; investigate the alleged violation; and make a finding about whether or not the housing provider broke the law. The HRC’s process for responding to these complaints looks like this:

NOTE: HRC's Discrimination Complaints Investigation and Mediation Division investigates and mediates complaints of discrimination and non-compliance in employment, housing, and public accommodation.[1398]

REMEMBER—YOU ARE AN AGENT OF CHANGE!WHY IS IT IMPORTANT TO REPORT VIOLATIONS OF THE SAN FRANCISCO FAIR CHANCE ORDINANCE TO THE SAN FRANCISCO HRC?

It’s important to report violations because:

Appendix I
Filing a Complaint for Illegal Discrimination in Private Housing

If you believe you have been illegally discriminated against in applying for private housing from a private landlord (meaning neither the owner, you nor the property receive federal government money to assist in making the housing more affordable), you can challenge that discriminatory denial. Read about how to challenge an illegal discriminatory denial below, and which government agencies you should contact.

WHAT GOVERNMENT AGENCIES ARE IN CHARGE OF INVESTIGATING HOUSING DISCRIMINATION COMPLAINTS?

FEDERAL HOUSING AGENCY:

The U.S. Department of Housing and Urban Development (HUD) is a federal agency that enforces the federal Fair Housing Act (FHA).[1400] HUD has to refer the complaints of housing discrimination it receives to the fair housing enforcement agency in the state where the discrimination occurred if that state’s fair housing agency is certified by HUD as having mostly the same laws, procedures, remedies, and judicial review.[1401]

AND

STATE HOUSING AGENCY:

In California, our state fair housing enforcement agency is the Department of Fair Employment and Housing (DFEH), and it is certified by HUD to enforce, investigate, conciliate, and litigate discriminatory housing practices in California.

I BELIEVE A PRIVATE LANDLORD ILLEGALLY DISCRIMINATED AGAINST ME DUE TO MY CRIMINAL RECORD. WHAT ARE MY OPTIONS?

Your main options are:

    You could file an administrative complaint with California’s DFEH (the state housing protection agency);
    You could file an administrative complaint with HUD (the federal housing protection agency);
    You could file a civil lawsuit in state or federal court; OR
    You could allow HUD (the federal housing agency) or California’s DFEH (the state housing agency) to file a lawsuit on your behalf.

> HOW CAN I FIGURE OUT WHICH OPTION TO CHOOSE?

Talk to a lawyer or an advocate at a nonprofit legal services organization if possible—they can help advise you! Also, you can always file a complaint with both HUD & DFEH. More on each of these 3 options below.

You can file an administrative complaint with California’s DFEH or the federal agency HUD, or both. This may lead to a lawsuit in civil court (possible with both DFEH or HUD) or an administrative hearing (HUD only). Read about how to file a state administrative complaint and a federal administrative complaint below.

OPTION 1: FILING A STATE ADMINISTRATIVE COMPLAINT WITH CALIFORNIA’S DFEH.[1402]

You can file an administrative complaint with California’s DFEH within 1 year of the discriminatory act.[1403] To begin the process, you must contact DFEH in writing, online, or by phone, with basic information about the discrimination (what happened to you, when, where, etc.).[1404] The DFEH will conduct an intake interview to learn more about your situation, and to determine whether you can file a formal (“verified”) complaint.[1405] See PG. 425 for a step-by-step explanation of the DFEH’s state complaint process.

Under what circumstances will California’s DFEH accept my complaint?

DFEH is supposed to be very generous in accepting your complaint. However, in some cases, the DFEH may decide that you cannot file a complaint—for example, if the landlord’s conduct is legal, happened more than a year ago, or is outside of DFEH’s legal control, or if you already filed a complaint with DFEH or HUD regarding the same discrimination.[1406]

How much time does the DFEH have to respond and investigate?

Once the DFEH accepts your complaint, it must follow certain time limits. The DFEH has 10 days to inform you of your procedural rights and obligations.[1407] The landlord then has 20 days to respond to the complaint.[1408] Within 30 days, DFEH must begin to investigate your complaint, and it must finish the investigation within 100 days.[1409]

Will I have to do anything else while I wait for a response from the DFEH?

Maybe. At some point (before, during, or after the investigation), the DFEH may also require you and the landlord to go through mediation (meaning an alternative dispute resolution or a settlement negotiation) to see whether you can resolve the problem cooperatively.[1410]

HERE IS A STEP-BY-STEP OVERVIEW OF THE FEHA HOUSING COMPLAINT PROCESS IN CALIFORNIA:[1411]

File a Pre-Complaint Questionnaire.

First, you need to file a Pre-Complaint Questionnaire, Form DFEH-700-01 (English) or Form DFEH-700-01S (Spanish). A Pre-Complaint Questionnaire can be filed by you, the Director of DFEH, or a community organization. You can do this online, by phone, or by mail.

NOTE: It is very important that you provide an up-to-date phone number where you can be reached!

    Online: Go to http://esq5.houdiniesq.com/dfeh/intake/, create an account, log in, and fill out the Pre-Complaint Questionnaire. Alternatively, you can email your Pre-Complaint Questionnaire to contact.center@dfeh.ca.gov.
    By Phone: Call the DFEH’s Communication Center at (800) 884-1684. If you have a hearing impairment, please call 800-884-1684 or TTY at (800) 700-2320 for service.
    By mail: Request a printed copy of the form through the DFEH website (http://www.dfeh.ca.gov/contact.htm). After you carefully fill out the questionnaire, you can send it to the DFEH office nearest you (see the list below for office locations):
    DFEH—Elk Grove Office
    2218 Kausen Drive, S. 100
    Elk Grove, CA 95758
    DFEH—Bay Area Regional Office
    39141 Civic Center Drive, S. 250
    Fremont, CA 94538
    DFEH—Fresno Office
    1277 E. Alluvial Avenue, S. 101
    Fresno, CA 93720
    DFEH—Bakersfield Office
    4800 Stockdale Highway, S. 215
    Bakersfield, CA 93309
    DFEH—Los Angeles Office
    320 West 4th St., 10th Floor
    Los Angeles, CA 90013

Intake.

Within 10 days of receiving your Pre-Complaint Questionnaire, an investigator from the DFEH will contact you by telephone to conduct an intake interview. The investigator will ask you questions to collect facts about the possible discrimination.

File the Formal Complaint.

If your complaint is accepted for investigation, the DFEH investigator will draft the complaint and ask for you or your representative to sign the complaint. This formal complaint is then served on the “Respondent” (the person or entity that who you have made the allegation against). The Respondent is required to answer the complaint and is given the opportunity to voluntarily resolve it. A no-fault resolution can be negotiated at any time during the complaint process.

If there is also federal law that would protect you, then the formal complaint is also filed with the United States Department of Housing and Urban Development (HUD). Note: HUD usually accepts DFEH’s findings with respect to the alleged discrimination.

Investigation Period.

DFEH must investigate every case in a standard, timely manner.

DFEH has the authority to take depositions, issue subpoenas and interrogatories and seek Temporary Restraining Orders when appropriate.

If the investigative findings do not show a violation of the law, the DFEH will close the case. If the DFEH finds a violation, continue to STEP 5.

Mediation (a.k.a. “Conciliation”)

If the DFEH’s investigation shows that there was a violation of fair housing law, then it will schedule formal mediation/ conciliation conferences between the DFEH’s representatives, you, and the responding landlord.

During the mediation/conciliation conference, the DFEH presents information supporting its belief that there has been a violation and explores options to resolve the complaint.

If formal mediation/conciliation fails, the DFEH will then have to decide whether or not to file a civil lawsuit.

    Possible Outcome #1: If the DFEH determines that you have been discriminated against (that your complaint has “merit”), and that the discrimination cannot be resolved through mediation, the DEFEH will file a civil lawsuit against the landlord on your behalf. (Continue to STEP 6 below).
    Possible Outcome #2: If the DFEH decides not to file a lawsuit (or takes longer than 100 days to file the lawsuit), the DFEH must give you a written notice with the following information: (1) DFEH’s decision regarding your complaint, (2) the reasons for the DFEH’s decision; (3) your right to sue the landlord directly in court (see PG. 429 below on how to file a civil lawsuit in court); and (3) a list resources for filing a civil lawsuit.[1412]

Litigation

If the DFEH decides to litigate the case, it will be heard in civil court.

Court Remedies & Possible Outcomes.

If the lawsuit is successful (meaning the court finds that the landlord discriminated against you), you may be awarded some or all of the following remedies:

    actual money damages (to compensate you for your losses);
    punitive damages (to punish the landlord for committing illegal discrimination);
    injunctive relief (ordering the landlord to stop discriminating or take some other action, such as changing its screening procedures or providing you with housing); AND/OR
    attorneys fees and costs (to reimburse the DFEH or a private attorney for the costs of the lawsuit).[1413]

Below is a flowchart showing what happens when you file a DFEH complaint.[1414] Remember: if HUD (the federal fair housing agency, see PG. 428) also has jurisdiction (legal authority) over your housing complaint, then the DFEH will also file your complaint with HUD at the same time.

OPTION 2: FILING A FEDERAL ADMINISTRATIVE COMPLAINT WITH HUD.

The procedures and potential relief of filing an administrative complaint with HUD are basically the same as filing an administrative complaint with California’s DFEH (see PG. 425 on how to file state housing discrimination complaint with the DFEH).

How much time do I have to file a complaint after the discriminatory act occurs?

You have 1 year after the discriminatory practice occurs to file your complaint with HUD.[1415]

How long does HUD have to respond and investigate?

HUD has 100 days to determine if there is “reasonable cause” to believe the discrimination occurred.[1416] Within these 100 days, HUD must try to facilitate a conciliation agreement (meaning an agreement that solves the problem) between you and the landlord who discriminated.[1417]

Will HUD ever give special treatment to my housing discrimination complaint over other ones?

HUD gives special treatment in 2 types of cases:

    Special Case #1: If HUD decides that a court must act quickly, it can refer your case to the U.S. Department of Justice (U.S. DOJ), which must then file a civil enforcement action for temporary or permanent injunctive relief pending a final disposition on the case.[1418] This civil action doesn’t stop the administrative proceedings; it just tries to create a solution more quickly when it’s deemed necessary.
    Special Case #2: If your complaint has to do with the legality or illegality of any zoning or other land use law, then HUD must refer it to the U.S. DOJ for civil prosecution.[1419] HUD must then file either a charge against the respondent, or dismiss the complaint.[1420]

OPTION 3: YOU CAN FILE A CIVIL LAWSUIT DIRECTLY IN STATE OR FEDERAL COURT—DEPENDING ON WHAT KINDS OF LEGAL VIOLATIONS YOU ARE ALLEGING.

You may file a civil state or federal lawsuit under either or both federal law (e.g., the FHA) and state law (e.g., the FEHA, the Unruh Act, or other laws).

    Under federal Law: FHA and FEHA, you must file your lawsuit within 2 years of the discriminatory act itself OR within 2 years of the landlord violating a mediation/conciliation agreement that HUD or DFEH had facilitated for you (refer back to STEP 5 on PG. 427 above).[1421]
    Under state law: California’s Unruh Act, there is not a clear deadline by when you must file the lawsuit, but it could be as short of a timeline as 1 year![1422] If you are able to do so, talk to an attorney about your options and timelines as soon as possible after the discrimination occurs (see a list of housing legal aid providers across California on PG. 1075).
What remedies are available to me in a state or federal lawsuit?

If the lawsuit is successful (meaning the judge finds that the landlord discriminated against you), you may be awarded some or all of the following remedies:

    actual money damages (to compensate you for your losses);
    punitive damages (to punish the landlord for committing illegal discrimination);
    injunctive relief (ordering the landlord to stop discriminating or take some other action, such as changing its screening procedures or providing you with housing); AND/OR
    attorney’s fees and costs (to reimburse the DFEH or a private attorney for the costs of the lawsuit).[1423]

OPTION 4: The U.S. Department of Justice (U.S. DOJ) or the California Department of Justice (CA DOJ) may also file a complaint—on the behalf of their government agencies OR on your behalf.

The U.S. DOJ may file a civil lawsuit in federal court if there is reasonable cause to believe that:

    any person or group is engaged in a pattern or practice of unlawful acts,
    or (2) the denial of federal or state housing rights is an issue of “general public importance.”[1424]

The California Attorney General, who leads the CA DOJ, may also file a civil lawsuit in state court under the same standard.[1425] In such a case, the California Attorney General and the DFEH (California Department of Fair Employment and Housing) must comply with the California State Bar’s Rules of Professional Conduct in representing your interests, establish an attorney-client relationship, and zealously represent your interests.[1426]

This type of lawsuit is called a “state enforcement action,” and the U.S. DOJ or CA DOJ must file the lawsuit within 18 months (1.5 years) after the discriminatory act.[1427]

DOES MY CITY HAVE ADDITIONAL LOCAL PROTECTIONS?

It may! If your city or county has special protections against housing discrimination of people with records, or has local agencies in charge of enforcing fair housing laws, then you may also want to bring your housing discrimination complaint to the city agency responsible for fair housing where you live. If you aren’t sure, you can always ask someone at the DFEH, or ask a local nonprofit housing attorney (see a list of legal aid organizations that may be able to assist you on PG. 1075). For example, the city of San Francisco, CA has a new law called the “Fair Chance Ordinance” that adds additional protections for people with criminal records who apply to live in city-funded affordable housing (which includes Below Market Rate or “BMR” units in private buildings in SF). Go to Appendix H, PG. 422 for information on the San Francisco law and the process of filing a complaint against a landlord or housing provider who has violated the law in San Francisco.

APPENDIX J
Rural development (RD) grievance procedures

The grievance procedures for Rural Development (RD) housing are different from most other government-assisted housing programs. Here is an overview of how it works if you live in RD housing:

    When a grievance is filed, regulations require the owner of the multifamily property (or owner’s representative) to offer to meet informally with the denied applicant within 10 calendar days to resolve the grievance.
    If the informal meeting fails to resolve the issue, the owner must file a report summarizing the problem to USDA (DEFINE THIS) and the applicant.
    The applicant (you) may submit a summary of the problem to USDA.
    After you get a summary of the problem, you must file a written request for an informal review hearing within 10 calendar days.
    After you request the informal review hearing, a hearing panel will be selected.
    You and the owner of the multifamily property may agree on a hearing officer, or you may each appoint one member of a 3-person panel, and those two hearing officers choose the third officer. If you and the owner cannot agree within 30 days on the two hearing officers, USDA will give you notice and appoint a person to act as the sole hearing officer.
    A USDA-approved ‘Standing Hearing Panel’ can also hear all grievances related to a particular development, where at least one member of the standing hearing panel must be selected by the residents at a formal resident meeting called to select hearing panel members.
    After the hearing panel is selected, the hearing will be scheduled within 15 days.
APPENDIX K
Transitional Housing Participant Misconduct Act (THPMA)

It’s very common to live in transitional housing after release from prison or jail. As described on PG. 340, transitional housing programs are temporary programs that offer temporary housing and services. They usually have requirements you have to meet before you can move in, and there are usually waitlists. Some transitional housing programs offer services like job training, counseling, GED programs, and computer classes. Some transitional housing programs are intended for people with specific needs such as mental illness, addiction treatment and recovery (see PG. 347), disabilities (PG. 414), or domestic violence support (see PG. 344).

In this section, we explain a special law called the Transitional Housing Participant Misconduct Act (THPMA). Just because you live in transitional housing does NOT mean that the THPMA applies to you, so read carefully!

HOW CAN A transitional HOUSING PROVIDER REMOVE ME FROM MY HOUSING?

AS A GENERAL RULE:

If a resident and a transitional housing provider have an agreement for that person to live in the housing unit, the transitional housing provider MUST follow California’s formal eviction process in civil court (these cases are called “unlawful detainer” actions under the law). If a transitional housing provider removes you without going through the formal court process, that housing provider could be subject to legal liability. If possible, talk to an lawyer or advocate at a legal aid organization about your rights (see a list of legal aid organizations across California, beginning on PG. 1075).

THE THPMA IS THE EXCEPTION TO THE GENERAL RULE:

The THPMA is a California state law and says owners of transitional housing can evict you more quickly than a normal eviction procedure ONLY IF the following 3 requirements are met:

    You committed “participant misconduct or abuse”;
    You have lived in the transitional housing program for less than 6 months; AND
    You signed a WRITTEN CONTRACT with the transitional housing provider when entering the program that explicitly stated that the THPMA applied, with information about your rights and the procedure for using the THPMA to kick someone out more quickly.

ALL of these factors need to be true, and most of the time, they are not, so REMEMBER—generally you have the same rights as a tenant facing eviction, which means usually a transitional housing provider has to go through the court process to evict (remove) you.

WHAT IS considered A “TRANSITIONAL HOUSING PROGRAM” UNDER THE THPMA?

Under the THPMA, a transitional housing program is any program designed to assist homeless persons to live independently in permanent housing with all the following components:

    Residency requirements from 30 days to 24 months.
    Provides comprehensive social service programs incl. individualized case mgt. and may include other services such as alcohol/substance abuse counseling, self-improvement training, employment and training, and living skills.
    Provides temporary housing with structured setting and rules participants need to comply with to remain in program.

KEY DEFINITION: “Homeless person” = This law defines a homeless person as an individual or family who lacks a fixed, regular, and adequate place to sleep at night, or lived in any temporary housing, shelter, or institution, which includes sites not ordinarily used or designed for regular sleeping. This definition also covers any person living with the transitional housing program participant.

WHEN MAY A TRANSITIONAL HOUSING PROGRAM OPERATOR USE THE THPMA PROCESS AND EVICT me MORE QUICKLY THAN the normal eviction process?

An operator may use the faster, expedited THPMA restraining order/injunction process only for (1) program misconduct, or (2) abuse, defined below.

    Program misconduct—is an intentional violation of the transitional housing program’s rules and regulations. The intentional violation must “substantially interfere with the orderly operation of the program,” and involve one of the following acts:
    Drunkenness on site;
    Unlawful use or sale of drugs;
    Theft;
    Arson;
    Destruction of property (against the operator, other program participants, employees, or people living within 100 feet of the program site); or
    Violence or threat of violence and harassment (against the operator, other program participants, employees, or people living within 100 feet of the program site).

OR

    Abuse—is intentionally or recklessly causing, or attempting to cause, bodily injury or sexual assault; or placing someone else in reasonable fear of “imminent serious bodily injury” (against yourself, the operator, other program participants, employees, or people living within 100 feet of the program site).

Even in these situations, the transitional housing provider may NOT use the expedited THPMA removal process against a participant in the program for 6 months or more, UNLESS a restraining order (permanent injunction) or temporary restraining order (TRO) is already pending or in force against you. If the operator hasn’t started a THPMA action within 6 months of your participation in the program, then the operator must either (1) go through the form eviction (“unlawful detainer”) court process, and/or (2) use a traditional civil harassment restraining order process to remove you.[1428]

HOW could A TRANSITIONAL HOUSING PROGRAM OPERATOR USE THE THPMA PROCESS?

If the above requirements are all met, a transitional housing program operator may:

    Use the formal eviction/”unlawful detainer” court process (see the GENERAL RULE on PG. 431—the THPMA gives the transitional housing owner two options for evicting someone); OR
    If program misconduct or abuse: Use the Temporary Restraining Order (TRO)/injunction process under the THPMA.
WHAT IS THE TRO PROCESS?

The TRO process is a 2-step process:

STEP 1: The transitional housing program operator must file an application for an immediate temporary restraining order (TRO) until a hearing can take place. This immediate TRO may include orders that you (the program participant) refrain from misconduct, or it may exclude you from participating and living at the transitional housing program site, and stay at least 200 feet away from the site of abuse (defined above, PG. 432) was alleged.

STEP 2: There is a hearing on permanent injunction—usually within in 5 days of the program operator filing the TRO. For the judge to issue a permanent injunction (permanent restraining order) at the hearing, there must be clear and convincing evidence of program misconduct or abuse by the participant.

WHAT ARE “STAY AWAY” AND “EXCLUSION” ORDERS, AND WHEN CAN A PROGRAM OPERATOR GET ONE AGAINST ME?

These types of orders are defined below:

    Exclusion Order: An exclusion order says that you are not allowed to participate or live at the program site.
    Stay Away Order: A stay away order says that you cannot be within 200 feet of the transitional housing program site or other program sites that it runs.

A transitional housing program operator may only ask for exclusion and stay away orders for “abuse,” NOT for “program misconduct” (defined above on PG. 432). These orders can last for up to 1 year after the hearing, and the operator can ask the court to renew the restraining order after that (NOTE: the operator must ask for an extension of the exclusion or stay away order at least 3 months before the original one expires).

The program operator may also be able to get an immediate exclusion or stay away order from the court in a temporary restraining order (TRO) hearing—but only if it’s an emergency. It can only be considered an emergency if it’s necessary to protect another participant, employee, or person living within 100 feet of the program site from “imminent serious bodily injury.”

WHAT could happen IF THE TRANSITIONAL HOUSING PROGRAM OPERATOR GETS AN EXCLUSION OR “STAY AWAY” ORDER?

Before the hearing, through a TRO, the transitional housing program operator may have you immediately removed from the unit.

After the hearing, the transitional housing program operator may take immediate possession of the unit and consider it “abandoned.” If there are other people living in the unit (for example, your family members), but those other people were not named in the restraining order petition, then the program operator may only remove you, and anyone actually named in the petition. A copy of the order will also be given to the local police.

WHAT could happen IF THE TRANSITIONAL HOUSING PROGRAM OPERATOR DOESN’T GET AN EXCLUSION OR STAY AWAY ORDER?

If you violate the conditions of the restraining order (also called a permanent injunction), the transitional housing program operator may:

    Serve you with a 3-day “notice to quit”—meaning you have 3 days to get you and your belongings out of the transitional housing program; and after the 3 days are up, the operator can start a formal eviction process in court (an “unlawful detainer’ action – learn more about these eviction lawsuits on PG. 393 above).
    File a “contempt” action in court along with a request (called a “petition”) to modify the exiting restraining order to include an exclusion order (EVEN IF the original action was based only on “program misconduct”),
    Finally, if you “willfully disobey” the court’s restraining order, you could be charged and possibly convicted of a criminal misdemeanor.
    Below, we have copied the instructions from the California Courts for someone who is participating in a transitional housing program covered by the THPMA and who receives restraining order papers.

You can download all forms related to the THPMA on the California Superior Court’s website at http://www.courts.ca.gov/forms.htm?filter=TH.

What STEPS does THE CALIFORNIA COURT suggest I TAKE IF YOU I’m being KICKED OUT OF TRANSITIONAL HOUSING UNDER THE Transitional Housing Participant Misconduct Act (THPMA)?

The California Courts have published instructions for people who are facing removal from transitional housing under the THMPA. Those instructions are available on court form TH-210, available online at http://www.courts.ca.gov/documents/th210.pdf, and also copied below for your reference.

1. Legal advice. If you are served with an Order to Show Cause and Temporary Restraining Order ["OSC/TRO"] and
a Petition, you should seek legal advice right away. The OSC/TRO should list the name, address, and phone number of the Legal Services Office in the county where the petition is filed. You may be able to get legal services by contacting this office. If you do not have an attorney, you can also call the attorney's referral service of your local bar association for help.

2. Read the Instructions. Whether or not you choose to talk to an attorney, you should read all of these instructions and the other papers you have received.

3. Obey the Order. Read the papers served on you very carefully. The Petition tells you what orders the program opera- tor is asking the court to make. The OSC/TRO tells you when to appear in court and may contain a temporary order telling you that you cannot do certain things. YOU HAVE TO OBEY THE ORDER. IF YOU DO NOT OBEY THE COURT'S ORDERS, CRIMINAL CHARGES MAY BE FILED AGAINST YOU. IF YOU ARE FOUND IN CONTEMPT OF COURT FOR NOT FOLLOWING THE COURT'S ORDERS, THE COURT CAN CHANGE THE ORDERS TO FORCE YOU TO MOVE OUT OF THE PROGRAM'S HOUSING.

4. Review the facts. Read the description of the facts on the Petition very carefully. This is where the program operator tells the judge what he or she thinks happened. If you do not agree with the facts on the petition or you think
it would not be fair for the court to grant orders against you, GO TO THE HEARING. The place and time of the hearing are on the first page of the form named "Order to Show Cause and Temporary Restraining Order."

5. Respond to the court. If you want to fight the petition you should file a Participant's Response. YOU DO NOT HAVE TO PAY A FEE TO FILE THIS FORM. A blank copy of the Response should have been given to you with the OSC/TRO. You can also file and serve statements signed by people who have personal knowledge of the facts. These are called "declarations." You can type these declarations on form MC-031 and attach them to your Response. If you do not know how to prepare a declaration, you should see an attorney.

6. Serve a copy on program operator. After you have filed the Participant's Response with the superior court clerk, a copy must be delivered personally or by mail to the program operator or the program operator's attorney.

You cannot serve the program operator yourself. Service may be made by a licensed process server, the sheriff's department, or any person 18 years of age or older, other than you. The person should complete and sign a Proof of Personal Service form. (A blank copy should have been given to you with the OSC/TRO.) You should take the completed form back to the court clerk or bring it with you to the hearing.

7. Extensions. If you need more time to find an attorney or to prepare your Response, you must ask the judge for a continuance (extension) by the hearing date shown on the OSC/TRO.

8. Opposing the Petition. If you wish to fight the lawsuit, you should file a Participant's Response and also go to the hearing. If you have any witnesses, they also must be present. If you do not attend the hearing, the court may make "permanent" orders against you that will last up to one year. If you can't file and serve a Response (or find an attorney who will), SHOW UP AT THE HEARING ANYWAY. At the hearing, explain your difficulties to the judge, and ask to be allowed to tell your side of the case.

  1. 1358

    Adapted from information shared by Uncommon Law, http://uncommonlaw.org/.

  2. 1359

    Cal. Civ. Code §§ 54-55.32; 42 U.S.C. § 3604(f)(3)(B); see also Joint Statement of HUD and U.S. DOJ, Reasonable Accommodations Under the Fair Housing Act, 6 (May 17, 2004).

  3. 1360

    42 U.S.C. § 3604(f)(3)(B).

  4. 1361

    See U.S. Airways v. Barnett, 535 U.S. 391, 397 (2002).

  5. 1362

    42 U.S.C. § 3604(f)(3)(B).

  6. 1363

    Cal. Gov’t Code §§ 12925-12928; see also Joint Statement of the Dep’t of Hous. & Urban Dev. and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, question 7 (May 17, 2004); 24 C.F.R. § 8.33 (2007); See Southeastern Cmty. Coll. v. Davis, 442 U.S. 397, 410, 412 (1979).

  7. 1364

    Cal. Gov’t Code §§ 12925-12928.

  8. 1365

    Cal. Gov’t Code §§ 12925-12928.

  9. 1366

    Cal. Gov’t Code §§ 12925-12928.

  10. 1367

    Cal. Gov’t Code §§ 12925-12928; see also, San Francisco Housing Authority, Housing Choice Voucher Program Administrative Plan, http://www.sfha.org/SFHA_Proposed_Admin_Plan-FINAL_12172014.pdf.

  11. 1368

    42 U.S.C. § 3602(h); 24 C.F.R. § 9.103. Federal HUD regulations define “handicap” to include drug addiction. Similarly, the ADA states that a person with a disability includes “someone who has successfully completed a drug rehabilitation program, is currently in such a program, or is mistakenly regarded as engaging in illegal drug use.”

  12. 1369

    42 U.S.C. § 3602(h); Cal. Gov’t Code §§ 12925-12928.

  13. 1370

    United States v. S. Mgmt. Corp., 955 F.2d 914 (4th Cir. 1992) (holding that one-year period of abstinence could not constitute current use); Herman v. City of Allentown, 985 F. Supp. 569, 578-79 (E.D. Pa. 1997) (holding that nine-month period of abstinence could not constitute current use); Baustian v. Louisiana, 910 F. Supp. 274, 276; McDaniel v. Miss. Baptist Med. Ctr., 877 F. Supp. 321, 327–28 (finding that “seven weeks simply does not satisfy the [ADA’s] requirement of long term abstinence from illegal drug use”).

  14. 1371

    See Zenor v. El Paso Healthcare Sys., 176 F.3d 847, 857 (5th Cir. 1999) (finding five-week period of abstinence insufficient); Shafer v. Preston Memorial Hosp. Corp., 107 F.3d 274, 278 (4th Cir.1997) (finding periodic use of drugs during weeks and months prior to termination from employment as current use); Collings v. Longview Fibre Co., 63 F.3d 828, 833 (9th Cir. 1995) (same); Baustian v. Louisiana, 910 F. Supp. 274, 277 (E.D. La. 1996) (finding seven-week period of abstinence insufficient); McDaniel v. Mississippi Baptist Med. Ctr, 877 F. Supp. 321, 328 (S.D. Miss. 1995) (finding six-week period of abstinence insufficient).

  15. 1372

    29 U.S.C § 705.

  16. 1373

    The Housing Center, Obtaining and Maintaining House: Fair Housing for People with Mental Health Disabilities. For more information about obtaining a reasonable accommodation, visit: http://www.fhrc.org/HRAC_Brochure.pdf.

  17. 1374

    Joint Statement of the Dep’t of Hous. & Urban Dev. and the Department of Justice, Reasonable Accommodations Under the Fair Housing Act, 6 (May 17, 2004).

  18. 1375

    See U.S. Airways v. Barnett, 535 U.S. 391, 397.

  19. 1376

    Joint Statement of the Dep’t of Hous. & Urban Dev. and the Dep'’t of Justice, Reasonable Accommodations Under the Fair Housing Act (May 17, 2004).

  20. 1377

    See National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf; see also Jennifer L. Dolak, Note, The FHAA’s Reasonable Accommodation & Direct Threat Provisions as Applied to Disabled Individuals Who Become Disruptive, Abusive, or Destructive in Their Housing Environment, 36 Ind. L. Rev. 759, 762–67 (2003).

  21. 1378

    See National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf.

  22. 1379

    Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf.

  23. 1380

    Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf.

  24. 1381

    Dep’t of Hous. & Urban Dev., Handbook 4350.3: Occupancy Requirements Of Subsidized Multifamily Housing Programs, REV-1, CHG-3, 2-39; see also National Housing Law Project, Reasonable Accommodation in Federally Assisted Housing, http://nhlp.org/files/Reasonable%20Accommodation%20Outline%20Current%2010-2012.pdf.

  25. 1382

    Reasonable Accommodations under the Fair Housing Act, U.S. Dep’t of Just., http://www.justice.gov/crt/about/hce/jointstatement_ra.php.

  26. 1383

    Cal. Gov’t Code § 12981(a); 2 Cal. Code Regs. § 10063. In general, DFEH must file the lawsuit within 100 days after receiving your formal complaint. Before filing the lawsuit, DFEH will first require you and the landlord to attempt mediation.

  27. 1384

    Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.

  28. 1385

    See Head v. Glacier Northwest Inc., 413 F.3d 1053 (2005) (holding that the ADA outlaws adverse employment decisions motivated, even in part, by animus based on a plaintiff’s disability or request for an accommodation); Village of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 (1977); see also United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year); Campbell v. Minneapolis Pub. Hous. Auth., 168 F.3d 1069 (8th Cir. 1999) (remanding a matter in which the local PHA had rejected a former substance abuser’s application to public housing because of insufficient evidence). Campbell demonstrates the importance of housing applicants providing documentation that he or she is a recovering substance user, not a current substance user.

  29. 1386

    42 U.S.C. § 3602(h)(3).

  30. 1387

    See Campbell v. Minneapolis Pub. Hous. Auth., 168 F.3d 1069 (8th Cir. 1999) (“The MPHA indicated it was denying [Campbell’s] application for the following reasons: . . . you have recently used illicit drugs and have a problem with alcohol.”).

  31. 1388

    See United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year).

  32. 1389

    Consumer Financial Protection Bureau, What is a Credit Report?, http://www.consumerfinance.gov/askcfpb/309/what-is-a-credit-report.html.

  33. 1390

    S.F. POLICE CODE, Art. 49, San Francisco’s Fair Chance Ordinance.

  34. 1391

    A housing provider may run a criminal history/background check report at the same time as it runs a rental or credit history check, BUT it may not look at the report before determining if the applicant is qualified to live in the housing unit.

  35. 1392

    S.F. Police Code, Art. 49, § 4907(b).

  36. 1393

    S.F. Police Code, Art. 49, § 4907(c).

  37. 1394

    S.F. Police Code, Art. 49, §§ 4906, 4907.

  38. 1395

    S.F. Police Code, Art. 49, § 4903.

  39. 1396

    S.F. Police Code, Art. 49, § 4903.

  40. 1397

    S.F., Cal., Police Code, Art. 49, § 4911(a).

  41. 1398

    How to File a Discrimination Complaint in Employment, Housing or Public Accommodation, City and Cnty. of San Francisco, Human Rights Commission, http://sf-hrc.org/how-file-discrimination-complaint-employment-housing-or-public-accommodation.

  42. 1399

    S.F., Cal., Police Code, Art. 49, § 4909(a).

  43. 1400

    42 U.S.C. § 3601-3619.

  44. 1401

    42 U.S.C. § 3610(f).

  45. 1402

    Please note that the DFEH complaint process was changed starting in 2013. Previously, the Department would issue an accusation after determining that the landlord discriminated against you. You then had the right to choose between an administrative hearing before an administrative law judge, or a civil lawsuit in court. Starting in 2013, the accusation and administrative hearing option were eliminated, so DFEH must automatically file a civil lawsuit if it finds that you were discriminated against. Cal. Gov’t. Code § 12981 (effective Jan. 1, 2004–Dec. 31, 2012), repealed by 2012 Cal. Legis. Ch. 46 § 56 (S.B. 1038) (effective Jan. 1, 2013). For more information on these changes, see Phyllis W. Cheng, Transformative Year for Civil Rights in CA, Los Angeles Daily Journal, Aug. 2, 2012.

  46. 1403

    Cal. Gov’t Code § 12980(a).

  47. 1404

    2 Cal. Code Regs. §§ 10035, 10037.

  48. 1405

    2 Cal. Code Regs. §§ 10038.

  49. 1406

    2 Cal. Code Regs. §§ 10036; 10038(f), (g), (i). If the Department decides not to accept your complaint, you can still file a lawsuit on your own in court.

  50. 1407

    2 Cal. Code Regs. § 10053.

  51. 1408

    2 Cal. Code Regs. § 10055. The landlord can wait to respond if you begin mediation to resolve the complaint.

  52. 1409

    Cal. Gov’t Code § 12980(e), (f).

  53. 1410

    2 Cal. Code Regs. § 10056-57.

  54. 1411

    See Housing Complaint Process, Cal. Dep’t of Fair Empl. & Hous., http://www.dfeh.ca.gov/Complaints_hCompProc.htm.

  55. 1412

    Cal. Gov’t Code § 12980(h); 2 Cal. Code Regs. § 10064. DFEH must give you this notice within 30 days after (1) deciding not to file a lawsuit, or (2) 100 days passes, whichever comes first. When deciding whether to file a civil lawsuit, the Department will consider the following factors: (1) whether there is strong evidence of discrimination; (2) whether a lawsuit is likely to be successful; (3) whether the discrimination involves an important legal issue for establishing new caselaw; (4) whether the lawsuit and its impact on civil rights are consistent with DFEH’s mission; and/or (5) whether landlord offered to resolve the issue directly and you refused. 2 Cal. Code Regs. § 10063(c).

  56. 1413

    Cal. Gov’t. Code § 12989.2.

  57. 1414

    Cal. Dept. of Fair Employment & Housing, Housing, Public Accommodations & Hate Violence Flowchart (Dec. 1, 2014), http://www.dfeh.ca.gov/Complaints_HousFlowChart.htm.

  58. 1415

    42 U.S.C. § 3610(a)(1)(A)(i).

  59. 1416

    42 U.S.C. § 3610(a)(1)(B)(iv), (g)(1).

  60. 1417

    42 U.S.C. § 3610(b).

  61. 1418

    42 U.S.C. § 3610(e).

  62. 1419

    42 U.S.C. § 3610(g)(2)(C).

  63. 1420

    42 U.S.C. § 3610(g)(3).

  64. 1421

    42 U.S.C § 3613(a); Cal. Gov’t Code § 1289.1.

  65. 1422

    See Cal. Civ. Proc. Code § 338(a). DFEH states that the Unruh Act has a three-year limitation period if filed as a private lawsuit (“Highlights of Differences Between State and Federal Housing Laws,” May 20, 1993), but see Mitchell v. Yu Sung, 816 F. Supp. 597 (1993) (court applied a one-year limitation period).

  66. 1423

    42 U.S.C. § 3613(c); Cal. Gov’t Code § 12989.2.

  67. 1424

    42 U.S.C. § 3614(a).

  68. 1425

    Cal. Gov’t Code § 12989.3.

  69. 1426

    Cal. Gov’t Code § 12989(c). California Government Code Section 12981.1 permits DFEH to dismiss a complaint only if “no reasonable cause exists to believe that an unlawful housing practice” has occurred. California Government Code Sections 12980(d) and 12981(g) ensure that complainants are notified of the limited availability of damages in administrative proceedings.

  70. 1427

    Cal. Gov’t Code § 12989.3.

  71. 1428

    See Cal. Civ. Proc. Code § 527.6.