Three in a garage loft may be a crowd

Question: My husband and I applied to rent a very large loft above the property owner’s garage. I think the owner refused our application because we have a small child under the age of 2. The loft is the size of a two-bedroom apartment and would be ideal for us. Did the property owner discriminate against us?

Answer: The legality of this action by the property owner depends on the specifics of the unit. The most important considerations are whether it is completely separate from the owner’s own home, and its size.

If the loft has its own facilities (kitchen, bathroom, etc.) and has a separate entrance from the owner’s house, then it falls under the jurisdiction of California fair housing laws.

Such laws would protect you from discrimination based on the presence of children in the household (called “familial status” discrimination).

However, if the unit shares facilities with the owner’s house, the owner could be exempt from federal and state fair housing laws.

Such laws apply to all properties except those in which an owner rents only one unit with shared facilities in his own house. If this is the case, the owner is not breaking the law by refusing to rent to you because you have a child.

If the premises are covered by fair housing laws, the next consideration is the size of the unit. This is important to help determine whether the landlord can reasonably restrict the unit to use by one or two people (regardless of their age).

If it is a large unit, then it may be unreasonable to limit the occupancy to fewer than three people.

The Uniform Housing Code is not an occupancy standard, however Section 503 provides general guidance about the minimum floor space needed for three people. A room to be used as a bedroom must be at least 70 square feet for one person, plus an additional 50 square feet for each additional occupant.

For example, two people require 120 square feet and three people require 170 square feet. Contact your local fair housing agency to determine whether fair housing laws protect you.

If anti-discrimination laws cover the property, then a fair housing agency can help investigate your claim and guide you in negotiating your tenancy with this property owner.

Such agencies can also help landlords determine reasonable occupancy limits for their units.

Eviction comes back to haunt pal

Question: I applied for a new apartment and was refused because of an eviction on my credit report. To my knowledge, I’ve never been evicted from anywhere. A long time ago, however, I lived with a friend who was evicted, but I never was part of the agreement. Even though I was paying rent to her, she wasn’t paying the landlord. I moved out immediately once I learned she was behind with the rent. What can I do?

Answer: If you are an adult living in a rental unit in which the tenant named on the rental agreement is evicted, you can be named as an additional defendant in an eviction case, called an unlawful detainer. This is true even if you don’t sign the rental agreement. Landlords often include the other adults residing in a unit so the eviction order can be used to remove everyone.

Because you were denied a tenancy, you are entitled to a free credit report -- within 60 days of the rejection -- from the credit bureau that the prospective landlord used. The landlord is obligated to inform you of the credit bureau he or she used.

You can enter a 100-word explanation into your credit report to explain the eviction, or you can attempt to have it removed by working with the property owner or attorney that filed the unlawful detainer.

You can explain that you were not the tenant actually obligated to pay the rent and that you were named because you just happened to be living in the unit at that time.

If needed, contact your local housing mediation program or HUD-certified counseling agency for assistance.

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 Southern California Housing Rights Center at (800) 477-5977.