Good Intentions Don’t Count in Bias Complaint
QUESTION: I own two rental homes. I have often rented one of them to families with children. I do not rent the other one to such families because there are stairs leading to the basement that I feel are a hazard to small children.
Recently, a prospective tenant accused me of discriminating against families with children. This shocked me, as I was simply attempting to prevent children from endangering themselves on what I deem to be an unsafe feature of the second home. Don’t I have the right to decide if a home is safe for children?
ANSWER: Fair housing laws are clear in addressing situations such as yours. Property owners who choose to rent their properties do not have the right to base their decisions to rent on whether or not prospective tenants have children.
Because a great number of rental units have stairs either inside or outside the units, an adults-only policy for these units would severely limit the housing supply available to families with children (in an already limited rental market in much of the state).
What is dangerous to children could also be dangerous to other tenants, and it is the owner’s responsibility to offer a safe rental to all potential renters. Any feature deemed hazardous to a child may be pointed out to the parent, but not in a discouraging manner, and may not be used as an excuse to not rent to families with children.
Many normal features of a home may be dangerous to children, and generally, parents are aware of and responsible for safeguarding against such dangers. In the case of the stairs leading to the basement, there are security fences that a parent may purchase to protect children.
If you feel uncomfortable relying on parents to safeguard the home, you could yourself consider safeguarding those features which you feel could be hazardous. For additional peace of mind, make sure you have adequate liability insurance.
Soldiers’ Relief Act Isn’t the Defense Here
Q: I am in the Army and live off the base. I signed a one-year lease, but two months later I found a great house for sale at a terrific price. I told my landlord that under the Soldiers’ and Sailors’ Civil Relief Act, I have the right to break my lease because I am in the military. However, he insists that I owe him rent until the lease is over or until he gets a new tenant to move in. Who is right?
A: Your landlord. The Soldiers’ and Sailors’ Civil Relief Act of 1940 was passed by Congress to provide protection for individuals entering or called to active duty in the military. It is intended to postpone or suspend certain obligations to enable service members to devote full attention to duty. Those protections extend to financial loss for military renters who enter into a rental agreement before starting their military service, but it does not apply in your case.
Incidentally, those who are already in the armed forces may request that landlords include a “military clause” in their agreement. A military clause, which is different from the Soldiers’ and Sailors’ Civil Relief Act, usually allows the military member to move out without any punitive action if he or she receives orders to move to another area earlier than previously expected. Landlords are under no obligation to include such a clause, but are often willing to do so.
Neither the Soldiers’ and Sailors’ Act nor a military clause would relieve you from your obligations under your lease so that you can buy a house. If you cannot honor the lease, the property owner has the right to collect rent from you for the entire period of the lease or until a new renter occupies the property, whichever comes first; he is also entitled to collect his costs involved in re-renting the unit, such as advertising.
At the same time, the owner is required to be diligent in trying to find a new renter.
Leaky Roof? Landlord Must Take Care of It
Q: We moved into our apartment a few months ago during the rainy season. Unfortunately, it wasn’t raining when we examined the unit. Shortly after we moved in, it rained heavily, and our roof started to leak. The carpet was soaked and some of our belongings were damaged. After we complained several times, repairs were started.
Finally the management said the repairs were completed. Later, well into the summer, there was a freak rainstorm and the roof leaked again. We’re tired of dealing with this management. Do we have some other options?
A: The owner of rental property is required to provide a dwelling in a habitable condition, which includes heating, plumbing and electrical systems that work and a roof that doesn’t leak. It is important that you write the owner and request this repair.
If the roof is not fixed within a reasonable time, you can call the local housing inspector’s office and ask that your unit be inspected; most likely, they will instruct the management to fix the roof immediately. Your unit will be reinspected to confirm that the work was done correctly. If repairs are not made or if work done does not meet housing code standards, the property owner may be fined.
Another option is to try mediation--a process in which the two parties and an impartial third party, the mediator, sit down together and try to reach an agreement. You may check the phone book to locate your local housing mediation service. If the owner agrees to mediation, you may be able to solve your problem in an amicable manner.
Also, if you do not have renter’s insurance, this is a good time for you to consider such a purchase.
This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, 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, call (310) 477-9260.
San Fernando Valley, call (818) 373-1185.
Pasadena, call (626) 791-0211.
El Monte, call (626) 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.
