Law Bars Rejection Solely on Disabilities
QUESTION: I own a 20-unit apartment complex, and I have heard references to the Fair Housing Act as it applies to applicants with disabilities. As an owner-manager, I want to do the right thing, but do I have to accept anyone with a disability?
ANSWER: No, you do not have to accept any applicant, disabled or not, if there are valid reasons for rejection, such as inability to pay the rent, bad credit or poor references.
If the applicant meets your qualifications, the Fair Housing Act prohibits discrimination based on a physical or mental disability in both privately owned and federally subsidized housing.
Under the law, disability is defined as a “physical or mental impairment, which substantially limits one or more major life activities,” or “having a record of such impairment,” or “being regarded by others as having such impairment.”
Among those who must comply with the Fair Housing Act are landlords, property managers and property owners.
You may have to allow a disabled tenant to modify your property if the modification is needed for the tenant to fully enjoy the premises, and you may need to accommodate tenants with disabilities in a variety of ways, such as allowing them to have support animals, providing special doorbells and smoke alarms, etc. However, at the end of tenancy, the tenant must return the rental unit to its original condition or be willing to pay the costs involved in restoring the unit to its original condition.
Late Fee Must Be Fair, Proportional
Q: I own a small apartment complex and have a couple of tenants who are usually late with their rent. In the past, I have let things slide, but sooner or later I collected the rent. I got tired of this routine and have now started to impose a late charge. My charges are a flat fee for the first five days and a daily charge thereafter. Am I allowed to impose these charges?
A: Yes. Nevertheless, it is important to structure late fees so that they are fair and proportional to the rent. The idea behind late fees is to encourage tenants to pay on time and to cover your possible losses. The amount must be reasonable, which is one of those murky legal concepts most of us struggle to understand. There are advantages and disadvantages to charging either a flat or progressive fee (which should also have a ceiling). The most common approach is to use a flat fee, which is a fixed amount charged if the rent payment is late.
Regardless of the method you use, the terms for late fees must be clearly stated in your rental agreement and enforced consistently with all tenants. It is a good idea to request the late-fee payment in writing each time it is imposed to show that you are enforcing the rental agreement.
After a Fire, Check to See Who’s Liable
Q: We live in an apartment complex. Last weekend a neighbor let his barbecue get out of hand, and there was a fire resulting in smoke and other damage to several units, including ours. It was impossible to stay in our apartment until it was aired out and repainted. We were thus stuck with the cost of four days in a motel, plus restaurant food, to say nothing of the cost of cleaning clothes and draperies.
We are out several hundred dollars. Is there any way we can recoup our losses?
A: The first thing to be determined is who is responsible for the accident. On the surface, the fault seems to lie with the tenant with the barbecue. However, if he had routinely been barbecuing in a potentially dangerous area (i.e. too close to the building or under a wooden balcony), the owner might be considered liable for not putting a stop to this activity.
Renter’s insurance is an excellent way for tenants to buy some security for just this kind of incident. If you do not have insurance, you should determine who is really to blame--the other tenant or the property owner--and ask that person for compensation. If you are turned down, you can file in Small Claims Court or you can contact your local mediation program for assistance.
Reuniting Ex-Roomie, Junk She Left Behind
Q: My subtenant moved out two weeks ago, leaving me with some old clothes, boxes and kitchenware. Now I want to get a new roommate but am wondering what to do with all this stuff. One of the shirts appears to be new, but the rest is junk. I’ve tried to reach her, but she left no forwarding address. Any suggestions?
A: You should send your former subtenant a written Notice of Right to Reclaim Abandoned Property, which should list the name of the subtenant, the address of the unit, a description of the property sufficient to allow the ex-roommate to identify it, a place where the property can be claimed, the value of the property (either above or below $300), your signature and the date mailed.
Because the former roommate left no forwarding address, you should mail it to her last known address. The Postal Service will forward the letter if she left a forwarding address. You might also mail it to a business address or in care of someone she used as a reference.
If the former roommate contacts you, you must let her have the property. But you have the right to charge her moving and storage costs (not exceeding the pro-rated daily rental value for keeping the property in your apartment) and/or any costs you incur for renting storage space.
If this ex-roomie doesn’t contact you within 18 days of mailing the notice and you have determined that the possessions are worth less than $300, the property is yours to dispose of as you please.
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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.
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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, call (310) 477-9260.
San Fernando Valley, call (818) 373-1185.
Pasadena, call (818) 791-0211.
El Monte, call (818) 579-6868.
Orange County, call (714) 569-0828.
San Bernardino County, call (909) 884-8056.
San Diego County, call (619) 699-5888.
Ventura County, call the Fair Housing Institute, (805) 385-7288.
