Law Forbids Discrimination Against Mentally Handicapped
QUESTION: I recently applied for a two-bedroom apartment for myself and my daughter, but was told my application did not qualify. I am suspicious because I have excellent qualifications. When I visited the complex in question I took my 17-year-old daughter with me. My daughter’s condition has been diagnosed as a mental illness, and I think when the manager became aware that she has some problems, he decided he did not want to rent to us. Is this legal?
ANSWER: Effective March 12, 1989, the new federal Fair Housing Amendments Act protects mentally handicapped people from discrimination in housing.
If you are a qualified tenant, the manager must consider your qualifications when he interviews you and reviews your application. Your daughter’s illness is not a valid excuse for rejecting your application; in fact, it is illegal for the owner to reject your application on these grounds.
At this point you would probably do best by reporting your complaint to the appropriate fair housing agency for your area. Discrimination against the mentally handicapped is just as serious as any other form of housing discrimination. If it is determined your complaint is valid, you may be able to get the unit or to take legal action against the owner.
Rules Setting Age Limits Held Illegal
Q: I am on the board of directors of my condominium association. We are in the process of reviewing the rules that govern our complex. We have noticed something that may be improper and would appreciate your comments on it. The rules now state that no one under 18 is allowed to live here. The majority of the residents in our condominiums are senior citizens, and I am wondering if we are required to allow persons under 18 to live here. I have heard we may be violating the law.
A: Unless you are a designated senior citizen facility, you are in violation of California state law and the new federal Fair Housing Amendments Act. Housing for senior citizens is a very complex issue, and there is no simple answer to the many questions regarding various types of allowable senior housing.
Basically, you can not place an age limit on the residents, especially if the intent is to eliminate children from the premises. Children have been placed under the protection of the Unruh Civil Rights Act and the federal Civil Rights Act of 1968 and are entitled to the full enjoyment of their rights in the housing market.
If your intent is to be a senior citizen facility, there are specific guidelines you must meet. For more information on these requirements, contact your local fair housing program of the Department of Housing and Urban Development.
Mobile-Home Park May Evict Tenant
Q: I live in a mobile home park that was adults-only and recently converted to seniors to meet the federal law requirement. I have received a notice to vacate because I am only 44 years of age and the park is going 100% to 55 years and over. Is this legal?
A: The Fair Housing Amendments Act allows that all persons residing in the park prior to Sept. 3, 1988, will be allowed to remain and will not be counted against the 80% needed to qualify--as long as all new families have at least one person 55 years or older.
Persons who moved in after that date will be counted against the 80% calculation. If you are in the latter category, we advise that you contact an attorney familiar with mobile-home laws. It is highly probable (yet still unclear) that you cannot be evicted.
Rental Refused to Four AA Members
Q: Four of us have been looking for a four-bedroom house to rent. A few nights ago, we all looked at a house, in fact we met the owners and filled out applications that same evening. It seemed certain that the house was ours; each one of us has excellent credit and references, but when I called later, the owner said he decided he wanted to look further.
He said he thought we were not the right tenants for the house, but refused to give any specific reasons as to why. After talking this over, my friends and I feel suspicious that his decision was based on prejudice. You see, during our conversation that evening it was revealed that we are all members of Alcoholics Anonymous. Although no one in the group has had a drink in over five years we think the news of our affiliation with AA was enough to dissuade the landlord from even considering us as tenants. Can you help?
A: As long as each individual in your group qualifies by having good credit, previous tenancy and job history, an affiliation with AA should not matter. If, in fact, this is the landlord’s reason for refusing tenancy, he is practicing a form of arbitrary discrimination in housing, which violates the Unruh Civil Rights Act.
This is a serious offense, but sometimes landlords do not realize that they are violating the law. Perhaps with some education, this landlord would develop a different approach to selecting tenants. Some fair housing agencies will place a call to landlords and attempt to work through the problem. If you need more information or a referral for your local fair housing agency you can call (415) HOUSING in Northern California or (213) HOUSING in Southern California.
It’s Against Law to Charge for Guide Dog
Q: When I moved into my current apartment three months ago my rent was $450. Last month the landlord gave me a 30-day notice of intent to increase the rent $75 a month. The landlord is not increasing anyone else’s rent, just mine. He claims that my guide dog causes additional wear and tear on the apartment and believes he is justified in making the extra charge. Is this type of rationale legitimate?
A: No. Any totally or partially blind person has the right to have a service dog in a rental without being required to pay an extra charge for the dog. The tenant is responsible, however, for damages done to the residence by the dog. If a landlord does charge an extra amount for the dog he could be liable for any damages suffered by the tenant as a result of that extra charge.
Support Dog Doesn’t Come Under Pet Rules
Q: My husband and I have lived in the same apartment for almost 30 years. I have developed rheumatoid arthritis to the point that I must rely on a support animal. My doctor put me in contact with a place that raises and trains these dogs and a week ago I brought home Karl, a German shepherd. My husband cannot be with me all the time, and when he is gone I am dependent on Karl to fetch things and to help me.
The problem is that the management maintains a strict pet policy of allowing only cats and dogs under 20 pounds in weight. My certified support dog weighs more than twice that and the managers have told me that either he goes or we have to move.
This is the first time I have ever had a problem with the management. Is there anything I can do to keep Karl and my apartment?
A: You have every right to keep both Karl and your apartment. The apartment managers need to be told that he is a support animal and is not considered a pet; thus, his weight has nothing to do with the residency rule.
The Federal Fair Housing Act requires that managers and owners of rental property allow reasonable accommodations for physical handicaps and that there shall be no difference in the terms, conditions or privileges of renting due to a handicap.
If the managers do not accept this information you should contact your local fair housing agency or the U.S. Department of Housing and Urban Development.
Marriage-Conscious Landlord Is Off Base
Q: My boyfriend and I tried to rent an apartment, but the prospective landlord refused our application because we are not married. The landlord would not discuss the situation, except to say that unmarried people were less stable and less reliable than married people. What rights do renters have when it comes to their marital status?
A: Unlike the couple in the recent movie, “Green Card,” you should not have to resort to marriage in order to secure the apartment of your choice. California tenants have the right to rent together regardless of their marital status, as a result of a 1977 amendment to the Rumford Fair Housing Act. This amendment protects those wishing to live with roommates of the same sex, as well as of the opposite sex.
The amendment also makes it illegal for an owner or manager to refuse to rent or sell property, or to quote different prices or conditions to people, based on their marital status. Contact your local Fair Housing office, or dial (415) HOUSING in Northern California, (213) HOUSING in Southern California for assistance and more information.
New Column Starts Today We’re adding on--again--and our latest addition, a question-and-answer column on statewide landlord-tenant and fair housing issues, debuts today.
The column, “Rent Watch,” is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. “Rent Watch” joins our “Apartment Life” column in providing consumer-oriented coverage and advice on rental housing matters.
