‘Keep out’ rule aimed only at kids
Question: My new lease came with new house rules. One of the rules says: “No children are allowed in the laundry room.” My single neighbor did not get this rule with his new lease. I have small children and would not feel comfortable leaving them alone in my apartment when I do laundry.
Can the resident manager stop me from taking my children to the laundry room?
Answer: Landlords and managers cannot require different house rules for families with children or restrict children’s access to common areas, except where health codes would apply.
This new rule of no children in the laundry room may have been issued due to some destructive event or act of vandalism. However, just as with safety issues, policies regarding the use of the laundry room cannot penalize one class of people. They must apply equally to all residents.
An example of a safety rule that targets children is: “Children may not run in the pool area.” A more neutral rule would be: “No running in the pool area.”
In your case, a rule prohibiting vandalism or loitering in the laundry room might have served the purpose the manager intended, without violating anti-discrimination laws.
Since the house rule you received specifically targets children, the rule is in violation of the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act and, therefore, is not enforceable.
Discuss this matter with the manager. If you need assistance, contact the fair housing agency in your area.
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Tenant suspects religious bias
Question: My landlord lives in the duplex unit next to me. Since I moved in two months ago, she has pressured me to attend church services with her. I politely declined. I’ve now received a 30-day notice to move. She didn’t give a reason, but I suspect it is because I refused to accept her offer to attend her church. What should I do?
Answer: Under state and federal fair housing laws, a landlord or manager cannot impose his or her own religious beliefs on a tenant. Doing this would constitute a form of discrimination against a tenant based on that tenant’s religious beliefs.
The fair housing laws do make an exception to allow a religious organization, or a nonprofit controlled by that organization, to limit occupancy in its buildings to members of the same religion. Such residences must have a purpose other than making money by being in the rental business.
Aside from this specific exemption, it would violate the fair housing laws for an individual housing provider to impose his or her religious beliefs on tenants or to retaliate against a tenant on this basis.
Contact your local fair housing agency. It can investigate your complaint to determine if there is evidence linking your rental termination to your decision not to attend the landlord’s church. Your complaint can be filed at no cost to you.
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Rent control laws vary across state
Question: What are the different types of rent control ordinances in California?
Answer: There are many types of ordinances that regulate rental housing within certain cities. For example, the city of San Jose rent control ordinance applies to rental units of three or more that were built before September 1979. This ordinance allows for rents to be increased up to a certain amount within a specific period of time. Other large cities with some form of rent ordinances include Los Angeles and San Francisco.
In the city of Campbell, an ordinance allows for rent increases of any amount, but if the tenant disagrees with the increase, the property owner is required to participate in the city’s rent mediation program. Palo Alto has a similar ordinance, but it covers other types of disputes besides rent increases.
Lastly, some cities regulate rents based on the degree of vacancy. If you are considering purchasing rental property, be sure to verify the specific type of ordinance, if any, in place for the city in which the property is located.
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Project Sentinel is a rental housing mediation service. 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 Southern California Housing Rights Center at (800) 477-5977.
