Husband Splits, Manager Wants Wife Out
QUESTION: My family and I were renting a nice house in a quiet neighborhood. Recently, my husband moved out leaving the three of us on our own. I make enough money and am in every way qualified to continue living there with the kids, but within two months of my husband’s departure, I received a 30-day notice to vacate. When I spoke with the property manager, she made some comments about my ability to pay rent and my recent change in marital status. I think the owners see me as a bad risk and would rather get another party in the house for that reason. What can I do?
ANSWER: Because marital status discrimination is illegal under the provisions set forth in the Unruh Civil Rights Act, you are protected from this kind of discrimination. If you feel you would like to pursue the issue you can call your local fair housing agency. Most fair housing agencies will conduct random housing tests to check for fair housing practices. If you do not know of a fair housing agency that operates in your area you can call (415) H-O-U-S-I-N-G for a referral.
Balancing Law, Safety Gives Owner Dilemma
Q: I own an apartment building with high balconies that present a potential hazard for young children. I know I cannot discriminate against families with children, but I am concerned about the children’s safety and the potential liability problems that renting to families might present for me. What should I do?
A: As you pointed out, the law does not permit you to refuse to rent to families with children. However, to protect yourself from possible injury lawsuits, check to make sure that your property meets local safety requirements.
Landlords can be held liable for injuries caused by property defects even if they are unaware of the problem. If your balconies are in good repair and in compliance with current safety standards, your liability risk should not be different whether you rent to families or to other tenants.
Child Restrictions May Constitute Bias
Q: I live in a one-bedroom apartment with my seven-year-old son. There are a number of children in the complex, all of whom are supervised and pretty well-behaved. Recently, the management implemented a number of rules for the complex that restrict the children from fully enjoying the facilities.
These rules include: children allowed in the pool only two hours per day, children are not allowed to play anywhere but in the pool and the area immediately surrounding the pool, and no toys are allowed in this area.
I asked management about these new rules and was told that they are trying to make the complex quieter and appear more orderly to prospective tenants who are looking at apartments. Does this qualify as child discrimination?
A: Overly restrictive rules and regulations regarding recreational activities of children could be in violation of California’s Unruh Act that prohibits housing discrimination against children. According to DFEH (state Department of Fair Employment and Housing) imposing “blanket restrictions” that prevent children from playing on the premises would probably not be consistent with court decisions.
Rent Watch is concerned that families with children would be discouraged from applying for rentals that incorporate such restrictions because it is unrealistic to expect children not to display childlike behavior in their home environment. Call your local fair housing agency if you have any further questions or wish to file a complaint of this nature.
Owners Wise to Run Credit Checks
Q: I own a fourplex that has been occupied by the same group of reliable tenants for over 10 years. I have just found out that the occupants of two of the apartments will be moving out within the next few months. In the past, I have never asked more from prospective tenants than minimal employment information and a reference from their most recent landlord, but I’ve heard some real horror stories recently about tenants who fail to pay rent. Is it feasible for small property owners to run credit checks on potential renters?
A: Yes, owners of small properties can easily arrange to run credit checks on rental applicants. You can find credit reporting agencies in the Yellow Pages, or you can check with your local apartment owner’s association, which may also offer this service to its members. Of course you’ll want to compare prices and services offered before choosing an agency. Credit checks do cost money, but the tenant customarily pays a fee to cover the cost. You should make it clear whether the cost of the check will be refundable to the tenant under some circumstances.
If you decide to check credit, do so for all applicants. Selective checking may be considered discriminatory.
Earliest Applicant Doesn’t Have Priority
Q: Shouldn’t the first qualified applicant for a rental be given preference over later applicants? I know I viewed a particular apartment before any other prospective tenants saw it. I have excellent credit and references and an income that more than qualifies me to rent, yet the apartment was given to someone else. Isn’t this a form of discrimination?
A: “First come” does not always man “first served,” at least when it comes to rental housing. The landlord may wait to choose the best-qualified tenant from among several applicants. In addition to income, credit and references, he may also be interested in factors such as income stability or how frequently you have moved in the past.
You have the right to ask the landlord why you were rejected and he should be able to provide you with an answer. If his answer seems unsatisfactory, or if you have some other reason to feel that discrimination may be a factor, contact your local Fair Housing office for assistance, or call (213) H-O-U-S-I-N-G.
