Playground Rule Must Apply to All Kids

Question: My apartment manager gave me a copy of a new rule requiring me to personally supervise my 9-year-old son when he uses the complex’s playground. This rule not only singles out my son but also limits his independence in a safe environment. Can the manager enforce this rule?

Answer: With the exception of a California Health and Safety Code section requiring children 14 years old and younger to be supervised in pools and spas, there is no law defining when children must be supervised. To avoid misunderstanding, the manager should identify a health and safety reason for establishing this rule. If the manager can cite a valid specific concern, the rule must apply to all who use the playground.

You may want to check with other families in the complex about meeting with management. Landlords may not have rules that discriminate against families with children. If you still feel that management may be unduly restricting children in the complex, contact your local fair housing agency.

Children’s Curfew an Unreasonable Rule

Q: My apartment complex owner says all children, regardless of age, must stay inside their apartments after 7 p.m. It seems unfair to keep them inside. Can she impose this curfew?

A: With the passage of the Fair Housing Amendments Act of 1988, familial status became a protected category under state and federal fair housing laws. As a result, children have the same rights as other tenants and should not be restricted from enjoying the property. Landlords cannot discriminate against families by having unreasonably restrictive rules for children.

If the property owner has a specific concern about the children’s outdoor behavior, she should talk directly with the parents and children involved. Contact your local fair housing agency.

Boat Damage Doesn’t Apply to Deposit

Q: I recently moved out of my apartment, and the landlord withheld $400 from my security deposit for damage he said the movers did to his boat. Can he charge my security deposit for that?

A: No. According to California Civil Code 1950.5, money from a security deposit may be withheld by the landlord only for lawful deductions relating to the rental unit. Talk with your landlord about the proposed deductions. If he decides to continue with the charges against your security deposit, you can either contact your local housing program for assistance or file in Small Claims Court for recovery of the money. If the movers damaged the boat, the landlord may make a claim against them or their insurance company or go to also Small Claims Court.

Ads Cannot List Racial Preferences

Q: I recently tried to place an ad to rent a room in my home. When I told the newspaper representative I wanted only a Cantonese-speaking tenant, he told me he could not list this requirement in the ad because it is against fair housing laws to print an ad stating a preference for a particular race or national origin. I tried to explain that my preference was not for a person of Cantonese descent but for a person who spoke Cantonese. He said that because most persons who speak Cantonese are Cantonese, he could not print the ad.

I disagree with his interpretation. What do you think?

A: The newspaper representative is correct in that the federal Fair Housing Act makes it illegal to print or publish a rental housing advertisement that indicates a preference based on race or national origin. If the newspaper allowed you to include your preference for a Cantonese-speaking person, most of the Cantonese speakers who responded to your ad would have been of Cantonese descent. Fair housing laws generally do not allow you to have a rule that disproportionately excludes applicants of certain races (unless the rule is really necessary for the housing). If someone filed a complaint, the paper could have been held liable.

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.

San Bernardino County: (909) 884-8056.

San Diego County: (619) 699-5888.

Ventura County: (805) 385-7288