Family With Children Can't Be Refused Rental

By \o7 From Project Sentinel and \f7

Aug. 5, 2001 12 AM PT

Question: I have three children and need to move, but the landlord of a rental house I applied for says he does not rent to children because the house is near a freeway. He would not accept my application, and I think this is wrong.

Can he decide not to rent to a family with children simply because of the location of the property?

Answer:The landlord may be violating federal and state fair housing laws. These laws declare that it is discriminatory to refuse to rent to families with children, regardless of the location or design of the property.

Landlords may not use safety, insurance liability, personal beliefs or previous bad experiences in determining eligibility for rental units.

In your situation, the owner may not make the assumption that the freeway presents a danger to your children, nor would he be able to refuse to rent a second-floor apartment to a family with children for fear of the children falling and injuring themselves. It is the parents’ role to ensure the safety of their children, not the landlord’s.

If you believe you may have experienced discrimination in housing, contact your local fair housing agency.

Noncitizens Entitled to Rent or Purchase Property

Q: My parents are moving to the United States soon. They were homeowners in their homeland and want to purchase property here. As newcomers to this country, are they entitled to rent or purchase property even though they are not citizens?

A: As long as your parents have proper immigration documents, they can purchase or rent property even if they are not citizens.

Prospective landlords or mortgage lenders may require personal and financial information they would not require from someone who has an established rental and credit history.

If they plan to purchase property, unless they pay cash, most mortgage lenders will require them to provide proof, i.e. a green card, that they are entitled to work in this country. Your parents should be prepared with documents that prove their credit worthiness along with personal references and immigration papers.

If they intend to become tenants before deciding to purchase a home, they could offer to pay the maximum allowed deposit. The maximum deposit a landlord can request in addition to the first month’s rent is two times the monthly rent for an unfurnished unit and three times the monthly rent for a furnished unit.

Contact your local housing program for additional ideas to help your family assimilate.

Report Harassment of Daughter to Shelter

Q: Three weeks ago my 15-year-old daughter and I found it necessary to move to a women’s shelter. I just found out that my daughter is being harassed by one of the other shelter tenants.

My daughter said the other tenant often puts her arm around her while they are watching television and, on occasion, the other tenant has made inappropriate comments to her. I am not sure if I should call the police or go to the shelter staff.

A: The Fair Housing Amendments Act of 1988 prohibits discrimination on the basis of sex. This law also includes a prohibition of sexual harassment at your residence, a designation that includes the women’s shelter.

The shelter staff has a responsibility to provide a safe living environment in compliance with all laws for all its tenants.

To help them provide safety, it is your responsibility to notify them immediately of any injurious behavior by others so they may take corrective action. If they fail to respond to your complaint, they may be held legally liable for any injury caused by the other tenant to your daughter.

If the shelter staff does not respond and you are concerned for your daughter’s safety, contact the police. Also, call the fair housing organization for your area and ask for assistance.

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, Fair Housing Institute or Fair Housing Foundation office in your area:

Bellflower: (562) 901-0808

Carson: (888) 777-4087

El Monte: (626) 579-6868

Hawthorne: (310) 474-1667

Lancaster: (888) 777-4087

Long Beach: (562) 901-0808

Pasadena: (626) 791-0211

Redondo Beach: (888) 777-4087

San Fernando Valley: (818) 373-1185

South-Central Los Angeles: (213) 295-3302

Westside Los Angeles: (310) 474-1667

Orange County: (714) 569-0828