Getting nowhere on broken elevators
Question: I live in a retirement complex for disabled seniors. From time to time there are minor issues, but the most serious is the fact that the elevators are in much need of repair. The second and third floors each have two elevators -- one on each end of the building. On a daily basis, at least one elevator is not working. Most of us have trouble walking and find the long distance to the working elevator tiring and difficult. The manager has been notified many times but the elevators still are not working properly. What can we do to fix this problem?
Answer: Although there are no direct references to elevator maintenance in the fair housing laws, if the manager is neglecting the upkeep of the elevator, this could be construed as a discriminatory act against those with limited mobility.
Nonworking elevators adversely impact the elderly and disabled. Since many tenants rely on the elevators to get to and from their homes, any neglect by the manager is interfering with their ability to enjoy the full use of their homes. If disabled tenants are unable to leave their homes because of the elevator service, this is a serious matter.
If the manager is not properly addressing the problem, keep a record of each time the elevators are broken as well as the repair request. The manager or the property owner has a responsibility to address maintenance concerns. However, if the management has a repair contract with the elevator company that is attempting to make repairs as needed, this may be all that can be reasonably expected. If this were the case, the only resort under fair housing laws would be to argue that the owner should bear the cost of replacing the elevator. Since this could be a large expense, it may not be considered reasonable.
Your local fair housing agency can assist in filing a discrimination complaint and negotiating a resolution.
New owner wants rent paid in cash
Question: The duplex I rent has just been sold, and the new owner sent me a notice saying she will only accept cash as payment of the rent. This means I have to go to her office each month carrying a lot of money. This is not only inconvenient but also a bit scary. Is she allowed to require me to now pay the rent with only cash?
Answer: If you are on a lease, the new owner cannot change any condition of the tenancy. This means you can continue to pay the rent in the same manner as in the past.
However, if you are on a month-to-month agreement, the new owner can change any part of the tenancy, including asking that you now pay the rent in cash. To implement this new request, she must give you a written 30-Day Change of Terms Notice detailing the new rent payment arrangement.
If you are a month-to-month tenant, perhaps you could share your concerns with the new owner. If you can, show her that you’ve always paid the rent on time in the past and that your rent checks have always been good. As a last suggestion, you could offer to send the rent in money-order form.
Access for all possible tenants
Question: I am now holding open houses to attract prospective tenants. Recently, a man arrived in a wheelchair to view the available apartments. Since I am spending a great deal of money on the open houses for food, beverages and upgraded amenities such as appliances and carpet, I was reluctant to have the man use the wheelchair on the new carpet. I was afraid that the wheelchair would leave dirt marks. I drew him a diagram of a vacant unit but he decided not to apply. Was I within my rights to refuse having the man come into the unit?
Answer: No, you should have provided the disabled person access to the unit. Federal and state laws prohibit different treatment in the terms or conditions relating to the sale or rental of a dwelling because of a person’s disability.
Even though you might have rented to this person, the fact that he was not allowed to view the unit most likely discouraged him from applying. The act of denying any person the equal opportunity to view the unit could result in a costly discrimination lawsuit, the same as if you had slammed the door in this home seeker’s face. If you are concerned about damage to the carpet, it would be reasonable to put mats or runners over it, to protect it from both foot and wheelchair traffic.
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.
