Steps to Take If You Suspect Discrimination
QUESTION: I am a single mother with two children, currently looking for a two-bedroom apartment. I recently applied for a unit, but each time I called to follow up on the application, the manager told me that he needed additional information, which I then gave him. Three weeks later I still did not get an answer from him. Recently I called and was told the unit had been rented to someone else.
I am very upset because the manager never indicated that there was a problem with my application. I was the first applicant, I have very good credit and references, and I have been on the same job for more than four years. I think the manager did not want to rent to me because of my two children. There are other vacancies in this complex, but I am now very reluctant to go through the same experience. I know that it is illegal to discriminate against someone because of children, but what can I do to prove it?
ANSWER: Your situation is very similar to that of many prospective renters who, at one time or another, think that they have been discriminated against because of their race, national origin, children, religion, etc., but feel that there is not much they can do to prove it.
Throughout the state there are private, nonprofit fair-housing agencies funded by cities or counties. You can call them, tell them what happened, and why you think the manager discriminated against you. The agencies will conduct an investigation.
They will send out two investigators (one of whom will indicate that he or she has children) to act as prospective renters. The purpose of the investigation is to compare how the manager/owner treats the two investigators. Any discrepancy in the treatment of the two investigators can be interpreted as evidence of discrimination.
For example, the two investigators may be quoted different prices for the same apartment, or the investigator with children may be told that the apartment was already rented, but the other investigator, who shows up a few minutes later, may be shown the apartment. Evidence from investigations can be used in court, or when a complaint is filed with state or federal fair housing agencies. If you need additional information, call your local fair housing agency.
Fire Cancels Lease; Owner Not Liable
Q: Six months after I rented a house with a one-year lease, there was a major fire and the house burned to the ground. I know that my landlord is not responsible for the fire, but doesn’t he have to find me other accommodations or compensate me for my loss, since I can no longer live in his house, and since the lease hasn’t expired yet?
A: No, although you have suffered a loss and have been displaced from your rented home, your landlord has no further responsibility to you, unless his negligence contributed to the fire. When the fire destroyed the house, it also terminated the lease; the lease can no longer be in effect because there is no property to lease. Your landlord should return your security deposit and any rent you paid for the house beyond the day of the fire.
If your landlord were negligent, and you were prevented from living in the house as a result of his negligence, you would probably have had a valid claim against him. However, in the situation you describe, you will have to find alternative accommodations at your own expense. Try contacting your local community center and ask if there are any programs to assist you with emergency housing.
Drapes Should Afford Adequate Privacy
Q: When my husband came home, he told me that he saw me getting undressed through the thin curtains that cover our bedroom windows. We did not realize we had so little privacy in our bedroom at night, and we are worried because we are not exhibitionists and because of the publicity about the Florida couple that was videotaped through the blinds of their home. We do not want to be the next couple on “Hard Copy.” Shouldn’t our landlord install better drapes?
A: Although landlords are not required to provide curtains for their rental units, they are required to have the unit and everything that comes with it in working condition. Curtains are generally used to shield the inside from viewers outside; yours don’t. You may ask your landlord for thicker drapes, and explain to him that your request is not motivated by aesthetics, but by concerns for your privacy and safety.
Tenants Breaking Lease Should Pay for Ad
Q: My tenants, who were on a one-year lease, recently bought their own home and moved out two months before the end of the lease. I advertised the unit immediately, and was able to rent it to new tenants after only three weeks. The former tenants agree to pay for the three weeks of rent, but refuse to pay for the ad, saying that I would have had to pay for it at the end of the lease anyway.
I am already upset that my tenants broke their lease, because I expected them to remain in the unit at least for one year; having to rent the property with so little notice involved extra work on my part, and I feel that my former tenants owe me at least the cost of advertising for the new tenants.
A: It is generally accepted that tenants who breach a lease are obligated to pay the rent until the end of the lease period or until a new tenant is found, while the owner must make all reasonable efforts to re-rent the unit. When a lease is breached, tenants also are usually expected to pay for advertising costs needed to rerent.
If you and your former tenants cannot reach an agreement over your advertising expenses caused by their breach of the lease, you may have to let a Small Claims Court judge decide. Or, you may consider a compromise. Initially, you invested in a newspaper ad to bring them to your unit, and you expected them to live there and pay the rent for at least 12 months.
Since the tenants kept their agreement for 10 months, you obtained 10/12ths of your expected return on the newspaper ad investment. Offer to charge the tenants for the remaining 2/12ths of the ad.
