FAIR HOUSING AND PUBLIC ACCOMMODATIONS DIVISION

• About the Fair Housing and Public Accommodations Division
• List of Services NOT Provided by the Division
• List of Laws that the Division Enforces
• Additional Resources
• Staff Directory

About the Fair Housing and Public Accommodations Division

The Housing and Public Accommodations Division of the Human Rights Commission (“HRC”) assists the public in filing, mediating, and investigating discrimination complaints in housing and public accommodations. 

Housing discrimination occurs when someone is subjected to adverse treatment when they rent or buy a housing unit or in the provision of services to the occupant because the occupant belongs to one or more protected classes.  Public accommodations discrimination occurs when someone is subjected to adverse treatment or denied services by a business or an organization because the patron belongs to one or more protected classes (for a list of these classes see below). 

The Fair Housing and Public Accommodations Division provides the following services: 

1.  Mediation and Investigation:

Individuals can file a discrimination complaint with the Commission. Staff will attempt to resolve the complaint through mediation. If mediation is unsuccessful, staff can investigate the complaint. If there is sufficient evidence, the Commission can issue a Director's Finding of Discrimination. Upon making a Director's Finding, the Commission can refer cases to the Office of the City Attorney or the Office of the District Attorney for enforcement.

Protected Categories:

1. The act(s) of discrimination must have occurred within one year of the date that the individual has contacted
   the Human Rights Commission, unless the complainant alleges discrimination on the basis of AIDS/HIV status, in which case the limit is two years.
2. The act(s) of discrimination must have occurred in San Francisco or have been committed by a San Francisco City Contractor.
3. The complainant must allege that he or she has experienced discrimination because of his or her actual or perceived membership in a protected category (see below), or allege that he or she was retaliated against for making a claim of discrimination or participating in an investigation.

How to File a Complaint:

1. Before you contact the Human Rights Commission, please gather any important documents, including leases, notices, or letters. Have these documents available when you call or write the Commission so that you can provide as much detail as possible. Additionally, please make a list of the dates that actions/events occurred and the names and contact information of all individuals involved.
2. Call the Human Rights Commission at (415) 252-2500 and ask to speak to a staff member about Housing or Public Accommodations Discrimination. The staff member will determine if you meet the procedural requirements (see Requirements for Filing a Complaint). If you do not meet these requirements, the staff member can refer you to another organization or agency for assistance.
3. You may also write to the Commission (25 Van Ness Avenue, Suite 800, San Francisco, CA 94102) and describe your experience or email a staff member with a description (see contact information at the bottom of the page.) Please be sure to include your name, address and phone number, and the name and contact information of the person against whom you would like to file a complaint. Indicate the basis for the complaint (e.g. the protected category, see above) and the discriminatory action(s) (e.g. eviction.) Describe what happened in the order that it occurred and include exact dates, times, and quotes as much as possible. Please indicate who, if anyone, witnessed these actions.
4. Although the Human Rights Commission strongly encourages you to call, write or email so that a staff member can ensure that you meet the procedural requirements (see Requirements for Filing a Complaint), the staff can meet with individuals on a walk-in basis. Individuals will be seen in the order that they arrive.
5. If you meet the procedural requirements listed above (see Requirements for Filing a Complaint), a staff member will schedule an appointment with you at our office to conduct a full intake. Please bring all important documents, including leases, notices, or letters. Additionally, please make a list of the dates that actions/events occurred and the names and contact information of all individuals involved. If you require an accommodation, a staff member can conduct the intake over the phone. During the intake interview, a staff member will explain the entire process to you in more detail.
6. After the intake interview, a staff member will work with you to draft a formal complaint, informal complaint, or letter of concern. The formal complaint, informal complaint, or letter of concern will be sent to the Respondent, who will be required to respond in writing.
7. After the Respondents response has been received, the staff will attempt to mediate the case. The mediation can occur with all parties in the same room or through separate meetings with the mediator.
8. If mediation is successful and an agreement is reached, the Commission will close the case.
9. If mediation fails, the Commission may conduct a formal investigation.
10. If there is sufficient evidence of discrimination, the Commission may issue a Directors Finding. A Directors Finding may be appealed by the non-prevailing party to the Human Rights Commission. Please contact the Commission for further information on the appeal process.

2.  Technical Assistance

The Division provides individuals with referrals to nonprofit organizations and City agencies.

3.  Trainings

The Division provides fair housing training for housing providers.

List of Services NOT Provided by the Division

 The Fair Housing and Public Accommodations Division does NOT provides the following services: 

1. Give legal advice or represent individuals in legal proceedings.
2. Mediate or investigate complaints against City Departments that have internal complaint divisions.
3. Work on cases where discrimination on the basis of a protected category or retaliation is not involved.
4. Work on cases where discrimination or retaliation occurred outside of San Francisco or was not committed by a City Contractor.
5. Issue fines or penalties; Enforcement is through the Office of the City Attorney and the Office of the District Attorney.

List of Laws that the Division Enforces

The Division enforces the following San Francisco housing and public accommodations anti-discrimination ordinances:

• San Francisco Administrative Code, Chapter 12A Human Rights Commission
• San Francisco Administrative Code, Chapter 12B Nondiscrimination in Contracts
• San Francisco Police Code, Article 33, Section 3304 Housing
• San Francisco Police Code, Article 33, Section 3305 Public Accommodations
• San Francisco Police Code, Article 38, Discrimination on the Basis of AIDS and
  Associated Conditions
• San Francisco Police Code, Article 1.2 Discrimination in Housing Against Families
  with Minor Children

Additional Resources

If the Division is unable to work on your case, they can refer you to another agency that can assist you. For a list of additional resources, please click on the link below:

Additional Resources for Filing Fair Housing and Public Accommodations/ Retail Discrimination Complaints

Staff Directory