California Civil Rights Division (CRD)- What to do when you receive a CRD complaint from a tenant.

I have settled California Civil Rights ("CRD") Division cases for clients and most property owners do not realize these cases are increasingly more common. The CRD is the new re-branded name for the Department of Fair Employment and Housing ("DFEH"). The CRD is there to enforce mainly the Fair Employment and Housing Act ("FEHA").

I have dealt with the DFEH now CRD, first on the employment side for employers, and now the landlord side. Here are a few things to know about the CRD.

In California it is against the law to discrimination, harass, or retaliate against rental applications or existing tenants based on their protected characteristics (there are 19 of them). Tenants can file complaints through the CRD website. A lot of these complaints get filed against landlords, property owners, property managers, and real estate agents (leasing agents).

In my experience the investigators at CRD want to settle the matter as soon as possible. They first send you the complaint detailing the allegations, pretty much how the complainant (prospective tenant/ tenant) submits it to the CRD. In this complaint you are then asked to provide answers and documents to a litany of categories that are very broad and tricky. Cooperating with the CRD without legal representation could open you up to further exposure and claims.

At some point the CRD will present an offer to the landlord/ property manager/ real estate agent, etc. The landlord will have to sign the CRD premade settlement agreement form. In addition to paying money, the CRD usually requires that the landlord (etc.) go to Fair Housing training within 30 days.

For the most part, these claims are nuisances and settle for small amounts. However, don't underestimate the process and don't ignore a CRD complaint if you receive one.

If you want to learn more you can read the CRD's page on Housing here. If you want to get educated and be better prepared to avoid these complaints there are several online California Fair Housing training courses that you can sign up for. AAGLA has Fair Housing Certification courses in English and Spanish.

The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.