Notice about tenant’s kids may be discrimination
Question: I rent a single-family house in an area of many longtime homeowners. My children, ages 4 and 2, are active and rambunctious. One neighbor enjoys the kids but another complained to the landlord about the noise they make. The landlord sent me a letter requesting that the neighbors not be disturbed after 7 p.m. This would be impossible, and I think the landlord is being unfair. What do you think?
Answer: It would depend upon what the letter specified. If the letter you received singles out your children, then it would be considered familial status discrimination under the federal Fair Housing Act. However, if the letter is asking the entire household to be quiet after 7 p.m. and does not single out the children, then it may not be considered discrimination as long as the landlord also sends a letter to other tenants enacting the same quiet time. Any rule that singles out one group, by either inflicting harsher standards or allowing greater liberty, is discriminatory if the group is protected under the Fair Housing laws.
Families with children, as a group, are a protected class under federal and state Fair Housing laws and cannot be treated differently from anyone else. If you feel that your landlord is targeting you because you have children, contact your local fair housing agency. If there is no issue of discrimination, you might ask your local mediation program to help you.
When exactly is the rent late?
Question: When can an apartment manager legally serve a three-day notice for late rent? I say it’s the last day of the month that rent is due. The manager says it can be on the second day of the month that the rent is due. Who is correct?
Answer: You both are somewhat correct, but one way is preferred over the other.
A three-day “pay rent or quit notice” can be served at any time during the month that rent is due.
But it’s a good idea to serve the notice as close to the due date as possible. If a manager waits almost a full month or serves notices randomly over the month, he or she may create confusion among the tenants as to the seriousness of the notice.
It’s always best to serve the notice on the day after the rent is due -- unless the rent due date falls on a Saturday, Sunday or legal holiday. The due date then would move to the next business day.
Proper service of notices as well as the accurate counting of days is very important if the issue does proceed to legal action.
Owner liable for manager’s missteps
Question: I own an apartment complex and have used a real estate agent to manage the property for years. She recently told me that she has been excluding applicants with children to protect the property for me. Can I be held responsible for her actions if someone complains?
Answer: It is important to know that discrimination based on familial status (the presence of children in the household) is illegal under state and federal fair housing laws. These laws prohibit this type of discrimination based on the part of all housing providers, including on-site managers, management companies, leasing agents and the owners of the property.
Although your property manager was acting on her own when making discriminatory decisions without your knowledge, you are still liable for discrimination and may be named as a defendant in a discrimination lawsuit.
As the owner of the property, you have the responsibility to thoroughly train and supervise your management staff to ensure that discriminatory rental practices are not taking place at your property.
To find out more about fair housing training, contact your local fair housing agency.
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.
