Fair Housing Act Complaint - California

CALIFORNIA FAIR HOUSING (FEHA) COMPLAINT

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [____________________]

CASE NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of FEHA Fair Housing Provisions (Cal. Gov. Code § 12955 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (Cal. Gov. Code § 12955(a); 42 U.S.C. § 3604(f)); and
4. Violation of the Unruh Civil Rights Act (Cal. Civ. Code §§ 51, 52). [if applicable]

DEMAND FOR JURY TRIAL

Amount Demanded Exceeds $25,000 (Unlimited Civil Jurisdiction)

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], California, and an "aggrieved person" within the meaning of Cal. Gov. Code § 12927(g).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the housing accommodation at issue within the meaning of Cal. Gov. Code § 12927(d)-(e).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is unaware of the true names and capacities of Defendants sued as Does 1 through 50 and will amend per Cal. Code Civ. Proc. § 474 when ascertained.

2.5. Subject property. The housing accommodation at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "housing accommodation" within the meaning of Cal. Gov. Code § 12927(d).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this unlimited civil action under Cal. Code Civ. Proc. § 410.10 because the amount in controversy exceeds $25,000 and the causes of action arise under California law.

3.2. This Court has concurrent jurisdiction over the federal claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under Cal. Code Civ. Proc. §§ 395, 395.5 because the Property is located in this County and the discriminatory acts occurred here.

3.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the discriminatory housing practice (or breach of a conciliation agreement), as required by Cal. Gov. Code § 12989.1, excluding any period during which an administrative proceeding was pending.

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by FEHA's fair-housing provisions. Cal. Gov. Code § 12955 prohibits housing discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., source of income (Housing Choice Voucher/Section 8), disability (________), race (________), sexual orientation, gender identity, familial status].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to rent or sell, or refusal to negotiate for rental or sale (Cal. Gov. Code § 12955(a), (k))
☐ Discrimination in the terms, conditions, or privileges of housing, or in services or facilities (§ 12955(a))
☐ Discriminatory inquiry, notice, statement, or advertisement indicating a preference or limitation (§ 12955(b)-(c))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available
☐ Steering, or inducing sale/rental by neighborhood-composition representations (§ 12955(h))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability)
☐ Refusal to permit a reasonable modification of the premises (disability)
☐ Harassment or creation of a hostile housing environment (§ 12955(a))
☐ Retaliation against a person who opposed discrimination or exercised fair-housing rights (§ 12955(f))
☐ Source-of-income discrimination — refusing to accept a Housing Choice Voucher/Section 8 or other lawful subsidy (§ 12955(a); § 12927(c))
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of Cal. Gov. Code § 12926, specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — FEHA FAIR HOUSING (Cal. Gov. Code § 12955 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unlawful housing practices prohibited by Cal. Gov. Code § 12955 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact cognizable under FEHA and the federal FHA).

5.4. FEHA is to be construed at least as broadly as the federal Fair Housing Act (Cal. Gov. Code § 12955.6).

5.5. Plaintiff is entitled to the remedies available under Cal. Gov. Code § 12989.2, including actual and punitive damages, civil penalties, injunctive relief, and reasonable attorney fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under Cal. Gov. Code § 12926 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling, and Defendant was required to engage in an interactive process.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of Cal. Gov. Code § 12955(a) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney fees and costs.

8. COUNT IV — UNRUH CIVIL RIGHTS ACT (Cal. Civ. Code §§ 51, 52) [IF APPLICABLE]

8.1. Plaintiff incorporates the preceding paragraphs.

8.2. Defendant is a "business establishment" within the meaning of Cal. Civ. Code § 51(b).

8.3. Defendant denied Plaintiff full and equal accommodations, advantages, facilities, privileges, or services because of Plaintiff's [PROTECTED CHARACTERISTIC].

8.4. Each discriminatory denial is a separate "offense" entitling Plaintiff to statutory damages of no less than $4,000 per occurrence under Cal. Civ. Code § 52(a), plus actual damages, up to treble damages, and attorney fees.

9. DAMAGES

9.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity. FEHA imposes no cap on compensatory damages.

9.3. Punitive damages: Defendant acted with malice, oppression, or reckless indifference to Plaintiff's rights, warranting punitive damages under Cal. Civ. Code § 3294, Cal. Gov. Code § 12989.2, and 42 U.S.C. § 3613(c)(1).

9.4. Statutory damages (Unruh, if pleaded): no less than $4,000 per offense under Cal. Civ. Code § 52(a).

9.5. Civil penalties: as authorized under Cal. Gov. Code § 12989.2.

9.6. Attorney fees and costs: under Cal. Gov. Code § 12989.2, Cal. Civ. Code § 52(a), and 42 U.S.C. § 3613(c)(2).

9.7. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For statutory damages of not less than $4,000 per offense under the Unruh Act (if pleaded);
• E. For a declaration that Defendants' conduct violated California and federal fair-housing laws;
• F. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• G. For civil penalties as authorized by law;
• H. For reasonable attorney fees and costs under all applicable fee-shifting statutes;
• I. For pre- and post-judgment interest; and
• J. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to Cal. Code Civ. Proc. § 631 and the Seventh Amendment to the United States Constitution.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of California that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], California.

[____________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], Cal. State Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / mail / electronic service per Cal. Code Civ. Proc. § 1010.6]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

15. CALIFORNIA PRACTICE NOTES

• Enforcing agency. The California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing, DFEH) administers and enforces FEHA's fair-housing provisions.
• Protected classes (broader than federal). Cal. Gov. Code § 12955: race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, and genetic information. "Source of income" expressly includes federal/state/local housing subsidies such as Housing Choice Vouchers/Section 8 (Cal. Gov. Code § 12927(c)).
• Administrative charge vs. direct court suit. Election is permissive. For housing, an aggrieved person may file a complaint with CRD under Cal. Gov. Code § 12980 OR commence a civil action directly under Cal. Gov. Code § 12989.1 "whether or not a complaint has been filed." Unruh Act claims require NO administrative exhaustion.
• Limitations periods.
• State court (private FEHA housing suit): 2 years from the occurrence or termination of the discriminatory practice, Cal. Gov. Code § 12989.1, excluding time an administrative proceeding was pending.
• State administrative complaint to CRD (housing): generally 1 year from the date last harmed (note: FEHA employment cases have a 3-year window under § 12960, but housing complaints follow the 1-year norm).
• Unruh Act: 2 years (personal-injury aspect) / 3 years (statutory liability, Cal. Code Civ. Proc. § 338(a)).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. Cal. Gov. Code § 12989.2 authorizes actual and punitive damages, civil penalties, injunctive relief, and attorney fees. FEHA imposes NO cap on compensatory or punitive damages (unlike Title VII). The Unruh Act adds a $4,000-per-offense statutory minimum.
• Source-of-income claims. A blanket "no Section 8" policy is unlawful source-of-income discrimination under FEHA. A narrow exemption exists for an owner-occupant renting a single room within their own dwelling.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor in state court.

16. SOURCES AND REFERENCES

• Cal. Gov. Code § 12955 (FEHA fair-housing prohibited practices) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12955
• Cal. Gov. Code § 12989.1 (private civil action; 2-year SOL) — https://codes.findlaw.com/ca/government-code/gov-sect-12989-1/
• Cal. Gov. Code § 12989.2 (remedies) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12989.2
• CRD — Fair Housing and Source of Income FAQ — https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2020/02/SourceofIncomeFAQ_ENG.pdf
• California Civil Rights Department — https://calcivilrights.ca.gov/
• Cal. Civ. Code § 51 (Unruh Civil Rights Act) — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=51.&lawCode=CIV
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in California must review and customize this document before filing. Verify all statutory citations and court rules before use.