Sprinklers put a damper on kids’ playtime
Question: The manager of the complex where I live turns on the lawn sprinklers every time my children go outside to play. As a result, I am forced to keep my children inside our apartment.
Can the manager treat my children this way?
Answer: Federal and state fair housing laws make it illegal for a landlord to create a “hostile environment” for families with children living in an apartment complex. Consistently yelling at or harassing children and their families, and imposing overly restrictive rules that target families with children are forms of discrimination.
In your case, the key would be to determine whether the manager is purposely discouraging your children from playing by turning on the sprinklers only when they go outside.
If you feel strongly that this is the case, call your local fair housing agency to open a discrimination investigation.
Can’t be evicted for being gay
Question: After my roommate recently died, the resident manager said I must move because my name is not on the rental agreement. I’ve lived here for seven years and have rent receipts to prove I’ve paid my share of the rent over this time. The real reason I think I’m being asked to move is that I’m gay. Can the manager evict me?
Answer: The manager cannot evict you because you are gay. However, if you’re gay and the manager evicts you for a different reason, this may not be discrimination.
Management has a right to maintain a policy requiring all tenants to sign rental agreements. The key element to remember is the landlord cannot treat you differently because you are a member of a protected category. Sexual orientation is a protected category under California law.
If it can be proved that the manager allows other residents to live in the complex who are not named on rental agreements, a fair housing agency will be able to help you determine if the manager is discriminating against you based on sexual orientation.
The fair housing agency has various methods to determine if unequal application of this policy is present, including surveying other tenants.
Contact your local fair housing agency to discuss discrimination based on sexual orientation.
Stuck with a stick instead of a lock
Question: My apartment has a broken lock on the sliding patio door. The manager told me to use a stick in the track to keep the door locked. I don’t think this is safe. Shouldn’t the manager repair the lock?
Answer: Using a stick to secure the patio door would probably not be considered a proper fix for a broken patio-door lock. Civil Code Section 1941.1 states that a property owner is responsible for repairing, among other items, “broken windows and doors.” This includes exterior locks. Based on this code, you can request that the manager or property owner properly fix the lock.
Manager can act for owner in court
Question: A landlord friend of mine says there is a new law about appearing in Small Claims Court. She says if a tenant sues me in Small Claims Court, I will be able to hire someone to appear for me. Is this true?
Answer: Not completely. If you employ a manager to manage the property in which the tenant resided, then that manager can appear in court as your agent. In this case, you would need to give the manager a letter stating that he or she is authorized to represent you in court. This letter should state that this person has managerial duties and is not hired solely to appear in court for you.
If you don’t have a manager or agent, then you must appear in court yourself.
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.
