Children Can’t Be Barred From Penthouse Units

Question: We live in a two-bedroom apartment with our three children.

We have been on a waiting list for a year and a half to get a three-bedroom apartment.

One might be available soon, but we might not be able to get it. The apartment is on the seventh floor, the penthouse area, and is a little more exclusive.

The reason we may not get the apartment is because they don’t want small children up there because they are too loud. Is this legal?

Should we push the issue?

Answer: This is not legal. Aside from the fact that raucous adults can be noisier than small children, it is illegal to discriminate against children in this manner under state and federal laws.

While the federal Fair Housing Act does not specifically include the word “age” in its ban on housing based upon familial status, age is definitely included in the law. The California Unruh Act explicitly prohibits discrimination on the basis of age.

Some housing that is reserved for senior citizens is exempt from the law, but that is not the case in your building. If it were, children would not be allowed in the first place.

As for whether you should push the issue, that’s a personal decision you will have to make.

It is possible that the owners of the building are not aware their policy prohibiting children in the penthouse area is illegal.

Making them aware of this, whether or not you push for your own occupancy of the unit, should be appreciated by them because it may save them a lawsuit later.

Noise Is Key to Start Evicting Problem Tenants

Q: I own a duplex in Beverly Hills. My husband, two daughters and I live in the downstairs unit. Last November we rented the upstairs to a mother and two teenage daughters. The past few months have been awful. They are noisy, rude, inconsiderate and unfriendly. They have a one-year lease that I would like to break. Can you give me some advice on this matter?

A: If a unit is exempt from rent control and tenants are on a month-to-month rental agreement, you don’t need a reason to evict them. You may simply serve them with a 30-Day Notice to Quit. Because your tenants are on a one-year lease, you do need a specific reason to evict them.

I am not aware of any circumstances under which you can evict tenants for being rude, inconsiderate or unfriendly. Noisy may be a different matter. Excessive noise usually is covered (prohibited) in the lease or rental agreement.

Although you may be able to evict noisy tenants, you cannot automatically cancel their lease or rental agreement. You must first give them the opportunity to decrease the decibel level. Serve them with a Three-Day Perform or Quit Notice (conform with the lease provision limiting noise or move out). Many attorneys say that it is best to give tenants two notices and opportunities to comply with this kind of a notice.

If the noise continues and the tenants don’t move out, you can try to evict them. The courts will then determine how much noise is too much noise. Interpretations can vary widely so don’t expect an automatic win in court.

As always, avoiding court altogether is usually the best solution for all parties. If all else fails, try a negotiated move-out before trying to evict the tenants.

New Owner Wants to Move Into Occupied Unit

Q: I am ready to close escrow on a four-unit apartment house in Hollywood. It is a rent-controlled property and all four units are occupied by tenants. I would like to occupy one of the units in the building. Can you give me information about the process of evicting one of the tenants?

A: You must first re-register the property in your name within 45 days of the close of escrow. Next, obtain and fill out a Landlord Declaration form from the Rent Stabilization Department, a division of the Los Angeles Housing Department. It is with the Rent Stabilization Department that you register your new ownership of the property. The agency’s phone number is (213) 367-9099, and the address is 111 N. Hope St., Los Angeles, CA 90012.

You then return the completed form to the agency for processing. They will notify you, usually within 30 to 60 days, of your ability to proceed with an eviction.

After you receive the notification, attach a copy of the Landlord Declaration to the 60-day Notice to Quit that you serve on the tenant.

Tenants in rent-controlled properties in the city of Los Angeles, which includes Hollywood, also are entitled to relocation fees under the city’s rent-control law. The fees are either $2,000 or $5,000 per unit, not per tenant. Tenants who are 62 or older, have minor dependent children younger than 18 or are handicapped, are entitled to receive $5,000; others are entitled to $2,000.

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Kevin Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.