Illegal to Evict Tenant Because of Black Friends
QUESTION: A few African friends frequently visit me at my apartment. The manager and my neighbors seem to be uncomfortable because I associate with black people. The manager said he was going to evict me unless I stopped having my friends over. He claims that they are noisy and disruptive. I know the problem is only skin deep. What can I do about this predicament?
ANSWER: Contact a fair housing agency for assistance. A counselor can inform the manager that it is illegal to evict you because you are associating with people of color. The Federal Fair Housing Amendments Act states that it is illegal to “threaten, intimidate or interfere with persons in their enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such persons, or of visitors or associates of such persons.” Informing the manager and the neighbors in your complex about the law may discourage them from engaging in discriminatory behavior. If the harassment continues or if you are issued an eviction notice due to race discrimination you can file a civil suit against the owner, the manager and your neighbors.
Limit on Deposit Is Set by Law
Q: As an animal lover, I want to allow tenants with pets to move into my apartments. As a landlord, I want to keep the potential pool of applicants as wide as possible. But I am also concerned about the damage some pets may cause. Can I ask for a pet deposit, in addition to my usual security deposit?
A: Regardless of what you call it, all money collected from tenants to cover expenses beyond the current rent is considered to be a security deposit. According to California Civil Code Section 1950.5, the deposit for any unfurnished unit cannot be greater than two months of rent. As long as the total amount you collect from your tenants, including the pet deposit, does not exceed two months of rent, you are within the law.
Can Park Manager Require Pet Deposit?
Q: I have been living in my mobile home for several years, and I just received a dog for my birthday. Can the manager of the park require an extra pet deposit for my dog? I am on a limited income, and cannot afford any additional charges.
A: No, the manager may not require an extra deposit for two reasons. First, mobile home parks are forbidden to collect any new deposits after the beginning of a tenancy. Second, you may not be charged any deposit or fee for being allowed to keep your dog, as long as the mobile home park permits pets. If the management provides special services for pets, such as a kennel, a pet grooming area, dog runs, etc., they can charge fees for these services, but the fees must be related to the actual costs of providing these services.
How to Choose a ‘Good’ Tenant
Q: I have rented a house to the same tenants for the past 12 years. They are now buying their own home and I will soon be looking for new tenants. I have heard horror stories from other landlords about tenants who fail to pay the rent. In the past, I have only asked rental applicants for employment verification and a reference from their most recent landlord. I realize that I need more information to make a good decision when choosing tenants. How can I, as the owner of only one unit, run a credit check on potential renters?
A: Small property owners should run credit checks on rental applicants to determine if they have any unpaid debts, and if there were any judgments against them. The major credit reporting agencies will release information only to their members. Apartment owners’ associations usually provide detailed credit records to their members at reduced cost, while non-members pay a higher fee. There are also independent credit reporting companies that specialize in information for property owners, including information about unlawful detainer judgments.
Because prices and services vary, you may want to check several agencies before choosing one. It is customary for the prospective tenant to pay the costs, but you should inform the applicants that this fee is, or is not, refundable. If you decide to do credit checks on prospective tenants, do so for all applicants because checking on a selective basis may be considered discriminatory.
Pool for ‘Adults’ Is Discriminatory
Q: Our apartment complex has two swimming pools, one reserved for “Adults Only.” The manager argues that by also providing a family pool, she keeps everyone happy. The family pool is overcrowded, especially on the weekends, while the adult pool gets relatively little use. Is this really fair?
A: No, it is not. Pools cannot be reserved for adults only; children are protected by law from discrimination and should be treated in the same way as other renters when it comes to full enjoyment of the property. Managers can offer a special “laps only” swim time but these should be open to children as well as adults.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 582-B Dunholme Way, Sunnyvale, Calif. 94305, but cannot be answered individually. For help in the Los Angeles area, call the Metro Harbor Fair Housing Council at (213) 539-6191 or the Westside Fair Housing Council at (213) 475-9671.
