Manager Was Wrong to Turn Away Wheelchair User

By \o7 From Project Sentinel and \f7

Sept. 23, 2001 12 AM PT

Question: I manage a two-story apartment complex that does not have an elevator. I was approached by a prospective tenant who said she occasionally uses a wheelchair but wanted to apply for a second-floor apartment anyway.

I told her the apartment was not available anymore. I thought this was better than saying her disability prevented me from showing and renting the unit to her.

Did I discriminate against this tenant?

Answer: Yes. It is a direct violation of state and federal fair housing laws to give prospective tenants misleading or incorrect information because of a protected category. A physical disability is a protected category under these laws.

You should have told this prospective tenant, as well as all of your applicants, of all available apartments and let her make a decision as to whether the unit is appropriate for her specific situation.

The prospective tenant may have said that the upstairs apartment would not be a problem for her. Or she may have acknowledged that the upstairs apartment would not work for her and said she would be willing to wait for a ground-floor unit.

You should always be open and honest with all applicants regardless of an actual disability or the appearance of a disability. You should base rental decisions only on legitimate business reasons such as credit history, income and past tenancy records.

Mixed-Race Couple Troubled by Rental Rebuff

Q: I am a white female married to an African American. More than a month ago, we inquired about an apartment but were told it was already rented.

Last week, I checked the newspaper listing and saw that the same apartment was still being advertised for rent. When a friend called about the ad, she was told the apartment was still available.

My husband and I are employed and have good credit and rental histories. We feel we were turned down because of my husband’s race. Is there anything we can do about this situation?

A: A property owner cannot disqualify an applicant based on race, presence of children, source of income, disability, age or religious affiliation, to name just a few.

Legitimate business reasons to deny an applicant are credit records, past rental history, amount of income or background checks.

There may be a logical reason why the ad still appeared in the paper. Perhaps a prospective tenant changed his or her mind or the property owner continues to advertise the property until there has been a successful move-in.

If you feel that you have experienced discrimination, contact your local fair housing agency, the state Department of Fair Employment and Housing or the federal Department of Housing and Urban Development for assistance. These agencies have the ability to investigate situations where the behavior of a property owner or manager creates suspicion of questionable housing practices.

Check Rental Agreement for Move-Out Procedures

Q: I am a month-to-month tenant and my employer is transferring me out of the area in the middle of next month.

When I talked with the property manager about moving, she said I had to stay until the end of the month because move-outs are only allowed on the last day of the month. I think this is wrong. Who is correct?

A: It depends on what is stated in your rental agreement. If the rental agreement designates that notice be given for moving out on a specific day, such as the last day of the month, then you must honor this agreement and give your 30-day notice to move by the first of the month.

Since you have a month-to-month tenancy, this doesn’t mean you can’t move on any other day, but you will be responsible for paying a full month’s rent unless the manager agrees to waive the rent for the balance of the month.

However, if your agreement does not state a specific move-out day, you can give your 30-day move-out notice on any day.

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.