Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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Other than Jersey Maid, supra, 13 Cal.2d 620, we have found no California case addressing directly the authority of “nonconstitutional” agencies (ante, p. 355) to make restitutive money awards.7 There is, however, at least *360one statute that authorizes similar administrative relief. The Fair Employment and Housing Commission (FEHC) is authorized to order reinstatement of employment “with . . . backpay” under Government Code section 12970, subdivision (a).8 Additionally, another provision in the same act formerly allowed the FEHC to award “actual . . . damages” for housing discrimination. (Former Gov. Code, § 12987, subd. (2), Stats. 1980, ch. 992, § 4.) Neither statute has faced a challenge based on the agency’s constitutional authority to order such remedies, although our courts have affirmed administrative decisions imposing such damages. (See Stearns v. Fair Employment Practice Com. (1971) 6 Cal. 3d 205, 211, 214 [98 Cal.Rptr. 467, 490 P.2d 1155] [$250 damage award]; Hess v. Fair Employment & Housing Com. (1982) 138 Cal.App.3d 232, 234 [187 Cal.Rptr. 712, 33 A.L.R.4th 958] [$1,000 damage awards].)

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