Counsel’s Corner

Psychiatrically Disabled and Transgender Woman, Discriminated against by S.F. Housing Contractor, Remains Homeless for Three Years Without Restitution

By Steven Bruce, Legal Director

After four years of investigation and appeal, the California Department of Fair Employment and Housing (DFEH) finally investigated, corrected and completed its discrimination case on August 4, 2021; however, without specific findings of fact and conclusions of law.  Originally, there was a faulty investigation and the Complaint was closed with no findings of discrimination. Now, August 4, 2021 with a determination stating there was sufficient evidence to support all or some of the allegations set forth in the complaint; however, due to the unresponsiveness of the discriminator (landlord’s) attorneys, DFEH was unable to refer the case for dispute resolution for voluntary mediation; therefore, DFEH states it has no other recourse other than to close the case. See DFEH August 4, 2021 letter, Ex. A.

DFEH’s closure statement retroactively closed the case on the date after the initial investigation, December 5, 2018 with a finding that there was discrimination, and then states that the appeal process was completed and the agency’s decision is final. There is no remedy and Complainant remains homeless for three years.

PWDF, while reviewing the case, found DFEH staff working on the case could not define long established concepts, such as reasonable accommodations or undue hardship.  The DFEH investigator stated twice to PWDF that a reasonable accommodation included evicting Complainant from her home rather than giving her another apartment because either a relative or stranger might take her in. No medical evidence was reviewed nor were any percipient witnesses interviewed for approx. 4 years.

The evidence in this case is substantial, and thus, PWDF assumes that the conduct of this agency to predate the findings of discrimination is to cover up an incompetent job in applying law and regulations in order to hide the fact that this individual was evicted based on Psychosis, PTSD and being transgender.

It is unacceptable to provide no remedy whatsoever for an individual who has been rendered homeless by an agency’s inaction based on not doing a good faith investigation.  DFEH took up to four years to complete their investigation, including through appeal, and then wrote a closure letter claiming they have no other recourse other than to close the case because the landlord’s attorney would not respond to them.

PWDF has now asked DFEH’s director, the U.S. DOJ and Gov. Newson to take appropriate action.  Indeed, DFEH’s website states “State law provides for a variety of remedies for victims of housing discrimination, including: recovery of out-of-pocket losses, an injunction prohibiting the unlawful practice, access to housing that the landlord denied you, damages for emotional distress, civil penalties or punitive damages, and attorney’s fees.”

Complainant sought all and received none and after four years post eviction is faced with requesting a California Superior Court to use its inherent equitable power to reverse an unlawful detainer and offer a remedy from publicly supportive housing, Mercy Housing.  In 2018 U.S. Dept. HUD referred her to the state agency ostensibly because of this tenant’s transgender allegation which, if true, is illegal in the state of California. HUD was then administered by former Pres. Trump Secretary, Ben Carsen.

There has been no response to tenant’s objection to DFEH’s August 4, 2021 Letter of Findings of discrimination.

We asked the DEFH manager assigned to this case to comment on this article.  He declined to comment, Ex B.

09/25/2020 Housing Memo Redacted
Exhibit A: 08/04/2021 DFEH Discrimination Letter REDACTED
Exhibit B: 08/17/2021 DFEH Objection REDACTED

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE and Commission of Rehabilitation Counselor Certification.