It May Be Reverse, but Still Discrimination
QUESTION: My husband, myself and our child were interested in renting a two-bedroom apartment from an Asian couple. We applied for the unit and were told to call back in a few days. I called back and was told by the owner the apartment had been taken. I thought this was odd because the day before when I drove by, I noticed the same sign advertising a vacancy; and a week later when I drove by, I noticed an Asian family moving into the apartment in question. We are Caucasian; could we be the victims of racial discrimination?
ANSWER: There is a type of discrimination called “reverse” discrimination which you could be experiencing. With reverse discrimination, the victims are discriminated against by a minority group. Although far less common, this type of discrimination is every bit as offensive.
Family Visitors Exceed Limit Set in Agreement
Q: Each Christmas season two families come to visit from the East Coast. Each couple has a young child, but since we rent a two-bedroom apartment, we plan to give a bedroom to each family. My husband and I expect to sleep in the living room for the 10 days that my daughters will spend with us. The resident manager suddenly became a Scrooge, when he told us that according to our rental agreement we cannot have more than two overnight guests at a time, and these guests cannot stay more than two consecutive weeks at a time. What can we do to be able to enjoy our family visit?
A: Fortunately, since your daughters and their families will be visiting you for 10 days, and not two weeks, the time restriction in your rental agreement does not present any problems. Unfortunately, this seems to be one of the situations where “The more, the merrier” does not apply.
When deciding how many people to allow in a rental unit, several sets of rules may play a role. Some are technical, such as restrictions based on square footage, described in the Uniform Housing Code. A room used for sleeping must have at least 70 square feet for the first two people, and an extra 50 square feet for each additional person sleeping in that room. The State Department of Fair Employment and Housing recommends that landlords permit two people for each bedroom, and one additional person for each rental unit.
According to this recommendation, your two-bedroom apartment could accommodate five people, but probably not the eight that you want to be there. Last, but not least, the rental agreement specifies the rules under which you agreed to move in, and it is important to abide by them.
Although these rules seem restrictive, and the owner has no right to control your social life, the frequency of the visits you receive, or the people with whom you socialize, your landlord may have legitimate concerns about additional wear and tear, increased use of the utilities if he pays for them, and increased noise due to the number of people staying in your apartment. He may also be worried about inconveniencing your next door neighbors. Since, during Christmas, many people go to see their families, and many of your own neighbors may be away, perhaps your landlord will be willing to make an exception, especially if you are good tenants whom he wants to please.
Explain to him how you plan to keep the noise level under control; try to understand his objections, and try to answer each of them. Explain that this visit is temporary, that your children intend to return to their homes, and that a goodwill gesture on his part would be appreciated. However, keep in mind that the ultimate decision does rest with the owner, and it may be wise for you to have a contingency plan. Whatever happens, do your best to enjoy your family reunion and have a merry Christmas.
Landlord Responsible for Providing Heat
Q: I moved into my apartment in July. Now that the weather is getting cold, I’ve tried to use my heater but found that it is not operating properly. Is my landlord responsible for fixing the heater?
A: Your landlord is definitely responsible for making sure that your heater is working properly. According to the California Civil Code a landlord has a duty to provide heating facilities that are in good working order.
The Uniform Housing Code also provides that the heating facilities must maintain a room temperature of 70 degrees Fahrenheit at three feet above floor level in all habitable rooms. If your building and or heater are quite old, you may want to check with the local housing inspector to see if other standards apply, but in any case the landlord must provide some reliable source of heat to his tenants. If you haven’t already done so, send a written request to your landlord, and save a copy for your own records.
Most landlords who understand their responsibilities provide temporary heaters until repairs are completed, and will pay any increase in utility bills resulting from their use.
Heating requirements may vary from city to city, so check with your local housing inspector’s office for more specific information.
