Unless ‘seniors only,’ girl may stay
Question: My 10-year-old granddaughter must stay with me for a few months while her parents work out their marital problems.
The mobile home park manager said that since the park is an adults-only park, she could not stay more than 10 days. If she stayed longer, I would be served a three-day notice to move because no one under the age of 18 is allowed.
He said this was part of the “child visitation policy” at the park, which could not be amended. I don’t want to lose my housing. Can he legally prevent my granddaughter from staying with me?
Answer: Mobile home residents often ask this question. First of all, there is no such category as “adults only” housing. Housing can be “seniors only,” but to qualify as such, 80% of the units must be occupied by at least one person 55 or older or 100% of its units must be occupied by people 62 or older.
Since your park only requires that residents be at least 18 years old, and not older than 55 or 62, it probably does not qualify for senior-only status.
If the park does qualify as a senior-only park, the management’s exclusion of your granddaughter and other children may be legal.
To find out the park’s status, contact your local fair housing agency. It will be able to determine whether your park qualifies as a seniors-only park.
If it is not seniors only, the agency can notify the park management that discrimination against families with children is illegal. In this case, your granddaughter may be allowed to stay with you for the time required or beyond.
Late fee doesn’t apply to deposit
Question: My landlord gave me a notice increasing my security deposit. The notice said if I didn’t pay the increase amount within 30 days, I would be charged a late fee.
Are late fees allowed on security deposits?
Answer: No. The concept of charging late fees applies to the payment of rent, not security deposits. These fees can be imposed to reduce any financial loss a landlord may encounter in paying the mortgage if the rent is paid late or not at all.
Because it could be difficult to prove that the non-payment of the new security deposit amount created a financial loss, this late fee is not enforceable.
Even if you don’t pay the increased deposit amount and you move, this deposit late fee could not be deducted from the security deposit you’ve already paid.
Security deposits can be increased during month-to-month tenancies with a proper 30-day change of terms notice as long as the total amount collected does not exceed the statutory limit of twice the monthly rent for an unfurnished unit, or three times the rent if the unit is furnished.
Guarding use of information
Question: I’m applying for a new apartment, and the application requires a great deal of personal and financial information. It is understandable that the landlord needs this information to decide whether to rent to my family. But how do I ensure that my personal and financial information is not used inappropriately?
Answer: You have raised a legitimate concern in light of today’s problem of identity theft. This is a topic you should discuss with the prospective landlord or agent. By expressing your fears, you will help him or her to be sensitive to the issue.
You are entitled to add language to any information you provide, or any release of information, limiting the use of that information. An example would be a statement that says: “Use of this information is limited to consideration of my application as a tenant. Any other use is forbidden.”
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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:
Carson: (888) 777-4087
Long Beach: (562) 901-0808
Pasadena: (626) 791-0211
Orange County: (714) 569-0828
