California Health and Safety Code 35822 – If, in accordance with procedures established for the resolution of …
If, in accordance with procedures established for the resolution of complaints by the secretary, and within 30 days of receiving the complaint, the secretary finds that a financial institution has engaged in any unlawful practice as defined in this part, the secretary shall state in a written decision his or her findings of fact and shall cause such financial institution to be served with a copy of the decision and an order issued by the secretary requiring it to cease and desist from such practice and to take one of the following steps as, in the judgment of the secretary, will effectuate the purposes of this part:
(a) The making of the financial assistance or the making of the financial assistance on nondiscriminatory terms; or
Terms Used In California Health and Safety Code 35822
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Financial institution: includes any bank, savings and loan association, or other institution in this state, including a public agency, that regularly makes, arranges, or purchases loans for the purchase, construction, rehabilitation, improvement, or refinancing of housing accommodations. See California Health and Safety Code 35805
- Secretary: means the Secretary of Business, Consumer Services and Housing. See California Health and Safety Code 35805
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(b) The payment of damages to the complainant in an amount not to exceed one thousand dollars ($1,000), if the secretary finds that effective relief under subdivision (a) is no longer available.
The secretary may require a report of the manner of compliance.
If the secretary finds that a financial institution has not engaged in any practice which constitutes a violation of this part, the secretary shall issue a written decision incorporating his findings of fact and shall cause to be served upon the complainant and the financial institution involved a copy of the decision.
(Added by Stats. 1977, Ch. 1140.)