Is It a Fee or Penalty? Only the Judge Can Say
QUESTION: For the past five years I have lived in a six-unit apartment building in North Hollywood. Last year, the building was sold.
I recently received a notice from the new owners indicating that a $50 fee would be charged if the manager had to open an apartment due to a tenant locking himself out.
A $25 fee would be charged if a tenant in this situation got the key from the manager (who doesn’t live on the property), and opened the door himself.
While I have not yet encountered this situation, the fees seem excessive to me.
Is it legal for a landlord to charge a fee to a tenant to access his own apartment?
ANSWER: The difference between fees and penalties (penalties are fees that are too high) is never an open-and-shut definition. The Aug. 6 “Apartment Life” column featured a question headlined “Only Judge Can Rule on Legality of Late Fees.” The answer to that question said, in part, “ . . . it (a fee) must be reasonably related to the owner’s anticipated expense and inconvenience that result. . . .”
As with late rent fees, only a judge could rule on the legality of these key fees.
Nevertheless, it’s probably safe to say that if the manager has to travel to North Hollywood from San Pedro to unlock the apartment, $50 probably is fair.
If he’s merely walking across the street to do so, the fee may be considered too high, making it a penalty and therefore illegal.
The best, and least expensive, solution to the problem and to avoid the fee is to have a spare key in your wallet or purse, or close by at a friend’s or neighbor’s home whom you trust, in case you lose yours or lock yourself out.
Two spare keys, one with you and the other stashed nearby, is even better.
Rust Contaminates, But Isn’t a Health Hazard
Q: I live in a 36-unit apartment building in Los Angeles and I have a problem with the water in the apartment when the tap has not been used for several hours.
The initial water coming out of the tap is brownish in color, which I suspect is due to corroded water pipes. The darkness of the color is directly proportional to the time period between usage.
I complained to the owner about this problem. His response was that replacing water pipes is a costly and expensive proposition and that I should run the water until the discoloration disappears.
I believe that even if I let the water run, rust or some other contaminants still may be lurking transparently in the water. Is this true? Also, what options do I have to force the owner to perform repairs?
A: As I’m a little rusty on water purity issues, I consulted the experts from the Department of Water & Power and the Los Angeles County Health Department.
According to Pankaj Parekh, DWP’s manager for regulatory compliance, “Rust in and of itself is not a problem as far as safety is concerned. Obviously, it’s distasteful to the consumer. The best thing to do about it is to replace the plumbing or get some kind of a corrosion inhibitor.”
He added that, “DWP’s responsibility ends at the property line. We assure water quality up to that point. Beyond that, home or apartment owners should be aware that sometimes there can be both chemical and microbial influences on water, depending upon the type of plumbing or home water treatment devices they have.
“If someone complained of illness, or there was evidence pointing to bacterial contamination, we would test the water or recommend that it be tested.”
According to Manny Schweid, director of the Los Angeles County housing and institution program, “He [the tenant] should run the water until it clears and if it’s a problem that persists we certainly would take a look at it. Rust is a contaminant but it’s an innocuous one and not a health hazard.
“Rust also is an indication of corrosion within the pipes. It would lead to failure of the pipes eventually and when they do go there could be great property damage. It would be within the landlord’s interest to re-pipe before that happens.”
It seems that running the water until it clears and installing some type of rust inhibitor in the pipes are the best interim solutions to the problem.
Also, you might make the apartment owner aware that he may wind up spending a small fortune for water and sewer fees because of the extra running of the water and the water damage that may result from a break in the pipes, at which point he may have to re-pipe anyway.
In answer to your specific question, there appears to be no way to “force the owner to perform repairs.”
What is Normal Wear and Tear?
Q. We moved into our rental home in Los Angeles about three years ago. The carpets had not been cleaned and the walls were not painted. How does not determine “normal wear and tear” in this situation?
A: Most Small Claims Court judges in L.A. County consider three years the normal useful lives of paint jobs and carpeting.
Therefore, you should have no problems with this when you move unless you make holes in the walls themselves, other than nail holes for pictures and the like, or rip or permanently stain the carpets.
Rules Govern Pay for Resident Managers
Q: I live in Long Beach and I recently attended a trade show seminar at which the speaker said that simply paying a resident manager a monthly salary of $1,150 or more would exempt one from any overtime or record-keeping requirements.
That’s different from what I’ve been told many times in the past. Is it correct?
A: According to Michael Carras, a former California deputy labor commissioner, that is not correct. Section 1 of the California Industrial Welfare Commission Orders governs overtime and record-keeping in such situations.
While it exempts certain employees from being paid overtime or record-keeping requirements, it does not apply to resident managers.
Carras said, “The key to this provision is the employee must be engaged in duties that require exercise of discretion and independent judgment,” Carras said. “The payment of $1,150 is a secondary factor.
“The typical duties of the apartment manager do not require the exercise of discretion and independent judgment. Accordingly, overtime must be paid and time records kept.”
Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, Calif. 90025.
