Rent Watch is a column prepared by Project Sentinel that is published in major
newspapers throughout California.
|
|
 |
Neighbor Makes Racial Slurs
Potbelly Pig for Companion Animal
Tenant Leaves Behind Furniture
Differences Between Notice for Landlords and Tenants
Tenant Wants Gender Changed
Recommended Non-Discrimination Statement
Co-Signer for Single Mother?
Dangerous Breed Sent Packing
Broken Window Is Landlord's Responsibility
Landlord Forcing New Agreement
Hostile Environment for Children
Landlord Delays Security Deposit Return
Tenant Requests Gardening Space
Gay Guests Harassed
Caregiver Needs Parking Space
Nearby Owner Harasses Blacks
Question:
My neighbor constantly makes derogatory statements to me about my race. The property owner lives in the complex but refuses to resolve this problem. Shouldn’t the owner take action against my neighbor?
Answer:
It is the property owner’s responsibility to provide a safe, discrimination-free living environment at your apartment complex. Race is a protected category under the federal fair housing laws, and the Fair Housing Act makes it unlawful to coerce, intimidate, threaten, or interfere with any person’s right under the Act (42 U.S.C. 3617). A housing provider who knows of an intimidating or threatening situation that violates the Fair Housing Act and does nothing to stop the harassing behavior can be found in violation of the Act. Failure to investigate, attempt resolution, or take any action to stop the harassing behavior may leave the landlord as equally open to a fair housing complaint as the person carrying out the harassment. You should contact Project Sentinel at 888-FAIR-HOUSING or your local fair housing agency immediately for more information and assistance. If the statements are so serious as to constitute a hate crime, such as an immediate threat of harm, the local law enforcement agency should also be notified. Back to top
Question:
Due to a nervous condition, my doctor has approved me for a companion pet. The agency that supplies companion animals has a potbelly pig it needs to place and I would love to have it. My landlord agrees that I can get a small dog or cat, but has denied the pig. Does he have the right to designate the type of animal I get?
Answer:
A waiver of a “no pets” policy is a reasonable accommodation for a disabled person who needs an emotional support or companion animals to ease the disability. However, if you are still in the process of obtaining a companion animal and a particular kind of animal is not specifically necessary according to your doctor, it is reasonable for your landlord to establish the types of animals he will allow. Also, some cities have laws that may regulate or preclude the ownership of certain animals in your area. You will still be able to get the companion animal that you need, but not whichever one you want. Back to top
Question:
Storage facilities are quite scarce in my area. A tenant who is about to depart has asked if she can leave her belongings in the apartment until her new unit is available. This is not going to be possible since I need to get the unit ready for the next tenant. What can I do if the tenant does leave personal items and furniture?
Answer:
Civil Code § 1984 allows you to send a Notice of Right to Reclaim Abandoned Property to a tenant who leaves belongings after they have moved. This notice gives a tenant 18 days to make arrangements to take possession of their belongings. During this time you can move the items to a safe area to protect them. After 18 days, if the items have not been removed and they have a collective value of less then $300, you can dispose of them in any manner you wish. However, if in your estimation, the value is more than $300 you must hold a public sale and, after deducting reasonable storage fees and sale costs, deposit the net proceeds with your county’s Department of Revenue. As you can see, the process can become burdensome so we recommend that you work closely with the tenant to resolve this matter without having to resort to these measures. Your local housing medication program can offer additional information for you.
Back to top
Question:
Hopefully you can clear up some confusion about the new law on how to end a tenancy. Is it true that a landlord has to serve a 60-day notice to move while a tenant is only required to give a 30-day notice?
Answer:
The law requiring a 60-day notice from a landlord had been allowed to expire, but it has been re-instated. Effective January 1, 2007, Civil Code § 1946.1 requires a property owner to serve a written 60-Day Termination of Tenancy notice to month-to-month tenants who had resided in a rental property for one year or more, except in certain limited situations when the property is being sold. Tenants are only obligated to serve a 30-day written notice. This notice requirement does not apply to tenants who have leases. In the case of a lease, tenancies can be ended by the non-renewal of the lease by either party although most leases have a clause requiring an advance notice, usually 30 or 60 days, when a tenant or property owner does not intend to renew a lease. Even when rent is paid on a 2-week or 7-day period, the property owner is still obligated to give a 60-day notice, pursuant to Civil Code § 1946.1. For tenants of less than one year, a property owner can serve a 30-Day Termination of Tenancy notice. Back to top
Question:
One of my tenants has asked me to change the gender listed on his rental application from ‘male’ to ‘female.’ Since the application was only used to qualify him as a tenant, I don’t see the need to make this change. His signed rental agreement does not refer to his gender. Do I have to make this change?
Answer:
It would be wise to allow the tenant to change the gender listed because under federal fair housing law, gender is a category protected from discrimination. This means that a person cannot be discriminated against solely based on the fact that they are male or female. Furthermore, under California law, sexual orientation is a protected category, which means that you cannot discriminate against someone because they are gay or straight, or because they are transgender. If you were to refuse to make this change for this tenant, but would agree to make another change – a change in marital status, for example – for another tenant, this tenant could potentially file a discrimination claim against you. Although the change seemingly has no impact on the tenant’s tenancy, housing providers need to be careful not to provide differential treatment based on any of the protected categories. Back to top
Question:
Can you recommend a ‘non-discrimination’ statement I can add to my rental applications to show that all prospective tenants are welcome to apply?
Answer:
I would recommend putting the following statement on your application along with the equal housing logo, available online at: http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm.
“Federal and California state fair housing laws guarantee a right to housing free from discrimination based on race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, age, marital status, or any other arbitrary characteristic. We welcome all applicants in accordance with these laws.”
Back to top
Question:
I am a single mother with two children. When I applied for a 2-bedroom apartment, the manager told me that my children’s father would have to co-sign my rental agreement. I have sufficient income to easily qualify on my own and don’t want or need a co-signer. What can I do?
Answer:
Under federal and state fair housing laws, it is illegal for a housing provider to treat you differently because you have children or are married. As long as you are independently qualified for the unit, you do not have to co-sign with anyone. Therefore, if the manager is requiring the co-signer specifically because of your children or because you are unmarried, then you should call your local fair housing agency and inform them of the situation. Fair housing agencies can explain to the manager that they cannot treat you differently because you are unmarried or because of your children, and they can also investigate to see whether all single mothers are receiving similarly discriminatory treatment. Back to top
Question:
I have lived in my apartment complex for 8 years on a month-to-month agreement. I have a large dog that is well behaved. Recently my landlord told me I couldn’t keep my dog because of the chance the dog may bite someone. I explained that the dog had never bitten anyone, but he refuses to let the dog stay and he gave me a 30-day notice to remove the dog. I paid a $200 pet deposit at move in and want to know if there is a law that protects tenants with pets?
Answer:
It depends. Under certain circumstances, State of California Civil Code § 798.33 allows for pets in mobile home parks and in public housing (for tenants who are over age 60). Also, Civil Code § 54.1(b)(5) allows for pets if the pet is a designated 'service animal.' A service animal is a properly trained animal for the blind, deaf or physically or mentally handicapped. If your living arrangement is not one of the above, or your dog is not a service animal, there is no law that provides a tenant the right to keep a pet. A property owner has the discretion to either allow or disallow pets of any size, shape, or demeanor. Even if at one time a pet has been allowed, a landlord can change this condition with a properly served 30-Day Notice of Change of Terms of Tenancy. This change is only allowed for month-to-month tenants. To help your cause, you may want to offer your landlord an additional pet deposit. This deposit plus any pet or security/cleaning deposit already paid, cannot amount to more than two times the rent for an unfurnished unit or three times the rent for a furnished unit. Other suggestions are to offer to obtain a renter’s insurance policy to cover any potential liability that may arise from keeping your dog, or to offer to have your dog participate in an obedience program. Some local rent control ordinances limit landlord rights to impose pet prohibitions on tenants. If this is your situation, check with your local rent control agency or city housing department. Even if civil code or local ordinances allow pets, no pet may be kept in violation of humane or health laws. Back to top
Question:
When the landlord painted the inside of my apartment last year, he painted all the windows shut. Yesterday when I tried to open the living room window, the glass broke. The window has been repaired, but the landlord said I have to pay the bill. Am I responsible for repairing the broken window?
Answer:
California Civil Code § 1941.1 requires that property owners maintain rentals in a condition ‘fit for living.’ Besides requiring that roofs, walls, plumbing, hot and cold water, sewers, heaters, lights, floors, stairways, and sufficient number of trash containers be provided and maintained in good condition by the owner, this code requires that doors and windows be operable and unbroken. Unless you were reckless or careless in attempting to open the window, it would seem unreasonable for the landlord to require you to pay for the repair. Additionally, painting windows shut could be a violation of local fire code. Contact your local housing mediation program or your local code enforcement office for more information.Back to top
Question:
Two months ago I signed a one-year lease that clearly states that the landlord pays for gas and water and I pay for garbage services. The landlord now says she made a mistake and I should be paying for electricity also. She wants me to sign a new lease that includes electricity. Can she do this?
Answer:
Unless you agree to allow the change, conditions of a lease cannot be changed during the period of the lease. If you don’t agree with this change, then the landlord must wait until your lease expires to make the change or else offer you some consideration in exchange for renegotiating these terms. The landlord also has the option of not renewing your lease when the time period expires. This is an excellent issue for mediation and we suggest you contact your local housing mediation program for assistance. Back to top
Question:
I have two pre-teen sons. I live in an apartment complex in which there is a large grassy courtyard. I am very concerned about t manager’s overly strict attitude toward the children who live in the complex. If there is a group of them playing in the courtyard, she yells at them, telling them that the courtyard is not a play area. Then she tells them to go to the park down the street if they want to play. There’s nothing in the lease that says that children can’t play in the courtyard, but now my children and most of the others are scared to go outside. Can the manager treat the children this way?
Answer:
Discrimination against families with children in housing can take many forms. What you have described seems to indicate that the manager is creating a hostile environment for children by restricting them from playing in the courtyard, and by enforcing this policy in an intimidating fashion. As long as there is adequate supervision, there is no legitimate business reason to restrict children from playing in the courtyard during the day. If individual children are damaging property or causing other problems, the manager should address the issues with their parents on a case-by-case basis. Any other rules that the manager may wish to enforce, such as restricting the use of bikes and scooters on the pathways for safety reasons, must be written and enforced in an age-neutral manner, so that both children and adults alike are restricted from the activity in question. Finally, the fact that there is a park down the street does not give the manager the right to prohibit children and their families from fully enjoying the property where they live and pay rent. For more information on this issue, you can speak to a Fair Housing Specialist at Project Sentinel by calling 888-FAIR-HOUSING. Back to top
Question:
It’s been over 21 days since I moved from my apartment but the landlord has not returned my deposit. When I requested my refund, she said I will get a full refund but right now she doesn’t have the money to pay me. She says she is allowed an extension because of her financial situation. Is this true?
Answer:
The answer to your question is covered by Civil Code § 1950.5. This statute allows for additional time beyond 21 days for a landlord to return a deposit, but not for the reason your landlord, has given. In general, this code says a property owner must settle a deposit within 21-days after a tenant vacates with either a full or partial refund or a bill if the deposit amount is not sufficient to cover the damage charges. If the deductions exceed $125, adequate documentation such as repair invoices must be included. The property owner must still provide a statement to the tenant within the 21 days even if the deductions do not exceed $125.00. Financial hardship is never an excuse for a landlord to avoid the obligations required under California law. The only permissible extension for these obligations is when work or materials are being provided by outside vendors who have not provided the proper documentation to the landlord within the 21 days. In this case, the property owner may deduct a good faith estimate of the undocumented charges along with the name, address, and telephone number of the vendor, in order to meet the 21-day requirement. Within 14 calendar days of completing the repair or receiving the documentation, the landlord needs to send a final settlement statement along with the documentation and receipts to the tenant. Contact your local housing mediation program for more information. Back to top
Question:
One of my tenants who follows a vegetarian diet for personal health reasons wants to use a portion of the common grounds to grow vegetables and herbs for herself. I’m concerned about an invasion of bugs, puddles of water, and starting a trend with the other tenants. The tenant cannot produce a doctor’s report that this diet is a medical necessity. Would I be discriminating against this tenant if I say ‘no?’
Answer:
No, it's not discrimination to refuse as long as your tenant wants to grow vegetables and herbs for personal reasons and not because of medical reasons related to a disability. Furthermore, even if she were able to provide a doctor’s statement that says that she needs to be a vegetarian, you still would most likely be able to deny the request, since having a garden is not the only way to provide one’s self with a healthy vegetarian diet. A landlord only needs to grant an accommodation request to a tenant with a disability if the request is reasonable and if it is clearly connected to the person’s needs for residing at the premises. Back to top
Question:
I live in a 4-bedroom house in which the individual rooms are rented out to different tenants. The tenants, including myself, sometimes have overnight guests, some of whom are friends or family, and some of whom are known as ‘significant others.’ However, I am gay, and when my boyfriend occasionally stays the night, my landlord has told me “this is not a whore house and my boyfriend can’t stay the night.” He doesn’t say this to any of the other tenants about their guests. Isn’t this discrimination?
Answer:
Yes, it is considered discrimination when the landlord applies different terms and conditions to the tenants based on sexual orientation. The California Fair Employment and Housing Act and the Unruh Act prohibit discrimination based on a person’s sexual orientation. The landlord cannot deny you overnight guests, boyfriend or otherwise, if he allows overnight guests to other tenants. All rules must be applied equally to all tenants, regardless of a person's sexual orientation. For further information, you can contact your local fair housing agency. Back to top
Question:
My mother requires 24-hour nursing care. The caregiver who stays overnight also delivers medical supplies to shut-ins and has always parked her truck in the apartment’s visitor lot. My mother received a notice saying the truck can no longer be parked in the lot because it is a commercial vehicle. Since the vehicle belongs to a caregiver, does it really matter if it is a car or a commercial truck? Isn’t my mother entitled to have her caregivers use the visitor’s parking lot?
Answer:
In order to give a person with a disability equal opportunity to use and enjoy a dwelling unit or a common space, landlords are required to make reasonable accommodations to a property’s rules practices and procedures. In your mother’s case, the accommodation would be an adjustment to the rules that prohibit commercial vehicles from parking in the visitor lot, assuming there is a clear need to park there in order to provide effective care to your mother. Although a landlord is not obligated to bend every rule, he or she is expected to accommodate requests that do not pose an undue financial or administrative burden, and that do not fundamentally alter the way in which the business is run. Since the commercial truck is for a caregiver that your mother needs for her disability, it would be reasonable to request that the caregiver be allowed to use the visitor’s parking lot. If the manager still denies the request even after you have made it clear that you are requesting a reasonable accommodation, contact your local fair housing agency for further assistance. Back to top
Question:
I own and manage a mid-sized complex that has a diverse population of residents. There is a complex across the street that is owned by a man who seems to be a racist. He harasses many of my African-American tenants with racial slurs and threats. Several of these tenants have moved out because of the harassment. He even asked me to stop renting to black people because he claims they are bringing the property values down. The police won’t help me. What can I do about this?
Answer:
The fair housing laws have a much broader reach than most people realize. Not only can tenants make a complaint about a landlord who denies them a unit for discriminatory reasons, but people living in a neighborhood in which a fellow resident is creating a discriminatory environment may also have grounds to file a fair housing complaint. This means that you yourself could sue the man across the street. It also means that any current or past African-American tenants from the neighborhood could file a lawsuit as well, if they were harassed or intimidated by the other property owner. Please call your local fair housing agency for more information on how to pursue the different options available to you and your tenants. Back to top
Copyright 2008 Project Sentinel. All rights reserved.
|
