Disabled Can’t Be Denied Housing
QUESTION: My 12-year-old daughter is physically disabled and requires the use of a wheelchair. We are on the waiting list for an apartment through the housing authority. I know subsidized housing is scarce--we’ve been waiting for months--but I am concerned about what will happen if we are offered a unit that requires the use of stairs. Clearly, this unit would be inappropriate for us. Is the housing authority responsible for providing a wheelchair-accessible apartment? If they don’t have such a unit at this time, can they deny us an apartment in the future?
ANSWER: The 1968 Civil Rights Act affirms that no one, including a government agency, can deny an application for housing based on the applicant’s physical or mental disability. Further, Section 504 of the 1973 Rehabilitation Act states that no one can be excluded from participating in any program because they receive federal financial assistance. When considering your eligibility, the housing authority must rank you along with all other families without disabilities.
The Fair Housing Amendments Act of 1988 also requires that landlords “reasonably accommodate the special needs of handicapped persons.” In the case of conventional public housing (where the authority actually owns the apartment it rents to you), the authority must provide you with an accessible unit or make the modifications for you.
While this most likely would not include the installation of an elevator, it could include offering your family a ground floor unit and/or a ramp for your daughter to reach the apartment. However, if you desire a Section 8 rent subsidy certificate (where the authority does not own the unit, but merely pays a portion of your rent to your landlord), it is up to you to find an accessible rental unit or be willing to pay for those accommodations.
You may be able to obtain some assistance with the construction work from your city or from local organizations. Have your daughter’s physician provide a letter describing her condition and what type of limitations or mobility needs she may have. Ask that this letter be included with your application to the program to document your specific needs.
A Compromise Is the Best Solution
Q: One of my tenants recently had a problem with her stove, and after we inspected it, we saw that it was beyond repair and decided to replace it. The appliance company we deal with has been prompt in the past--however, this time they were not very responsive.
After 12 days, the stove arrived and was installed. The tenant feels that she should be compensated for the inconvenience and is demanding 12 days free rent. Any suggestions?
A: There are two issues here--one is to satisfy the tenant in some way, and the second is to determine how to avoid a similar problem in the future. As you know, when apartment buildings age, so do kitchen appliances such as dishwashers, disposals, stoves and refrigerators. If an appliance needs column replacement because of normal aging, it becomes the owner’s responsibility, and the work must be completed within “reasonable time.” Twelve days seems a long time for a replacement, particularly if the tenant was not informed of the delay.
Still, it seems that 12 days of free rent, as demanded by your tenant, is excessive. You might offer her something less and see if you can reach a compromise, particularly if she has been a good tenant, pays rent on time and is not troublesome otherwise.
In the future, if there is an appliance breakdown you can demand that your supplier respond quickly--there are plenty of providers out there if you can’t get satisfaction from the current one. You may also consider offering some concessions to the tenant before the tenant asks for them. Offer to pay for a few meals--either in cash or with gift certificates. If it’s the refrigerator that goes out, see if you can bring in a “loaner” until the existing unit is fixed or replaced. You and/or the tenant can stand to lose several hundred dollars in spoiled food--extra effort here pays off. If all else fails, try mediation.
Rules to Follow to Terminate a Tenancy
Q: I plan to give one of my tenants a 30-day notice of termination of tenancy, and would like to do it as soon as possible. I thought I could give the notice on any day of the month, but a friend told me that if I had collected the last month of rent at the beginning of the tenancy, I could only terminate at the beginning of a month. Is this correct?
A: Your friend was correct in stating that you cannot give a notice to terminate a tenancy if you have collected rent that covers a period beyond the notice. For example, if your tenants paid rent on the first of the month and you gave them a 30-day termination notice on the 15th of that month to vacate by the 15th of the following month, your notice would only be valid if you refunded rent for 15 days. This is because you had already collected the last month’s rent, not just 15 days’ worth.
This principle applies to any day of the month, so the figures need to be adjusted to ensure that the tenants get at least 30 days of notice and that you do not collect any rent past the last day of the notice. Because this can get confusing, it is probably best to do as your friend suggested and give the notice at the beginning of the month, and inform your tenants that you will be using their prepaid last month of rent for that month’s rent.
‘Acts of God’ Not Fault of Property Owners
Q: During a recent storm, our complex was without electrical power for more than two days. I complained to the manager, who said that there was nothing he could do; he blamed our public utility.
We had no lights, lost some food because the refrigerator was not working and were unable to cook, because our stove is electrical. Can I deduct the rent for the days without electricity, the value of the spoiled food and the cost of outside meals for those days from my next rent payment?
A: Under the California Civil Code and the Uniform Building Code, property owners are responsible to provide working electrical systems. However, owners cannot be held liable for situations over which they have no control, such as storms or earthquakes. These extraordinary circumstances are considered “acts of God” and end up affecting a large number of persons. If your unit was habitable, and you were able to use it, albeit not for reading, watching TV or cooking, you still owe rent. If you were fortunate enough to have renters’ insurance, you may recover some of your losses.
If you don’t have renters’ insurance, you may consider obtaining it, since the contents of your rental unit are not normally covered by the owner’s insurance. It is to your advantage to shop for a suitable policy to cover losses due to fire, theft, water or other natural causes. It would also be prudent to carry insurance to protect you against incidents that you or your guests might accidentally cause.
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, CA 94087, but cannot be answered individually.
For housing discrimination questions, complaints or help, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Fair Housing Council in your area:
Westside Los Angeles, (310) 477-9260.
San Fernando Valley, (818) 373-1185.
Pasadena, (818) 791-0211.
El Monte, (818) 579-6868.
Orange County, (714) 569-0828.
San Bernardino County, (909) 884-8056.
San Diego County, (619) 699-5888.
