Tenant can’t be evicted for involvement in housing complaint
Question: Someone from a fair housing agency came to my door recently, asking questions about my experiences in the apartment complex. She said she was investigating a complaint of housing discrimination but would not give any details. Later, the property manager seemed upset that I had spoken to the woman. The next day, I received a 30-day notice to vacate, with no reason given. Am I protected under fair housing laws?
Answer: Yes, federal and state fair housing laws protect tenants from retaliation stemming from their participation in the investigation of a complaint of housing discrimination.
In addition, tenants need not disclose their involvement in such investigations to the landlord. If you have been subject to retaliation for asserting your fair housing rights or for aiding in the investigation of such a complaint, your local fair housing agency can initiate an investigation to determine whether a violation occurred.
File it under too much information
Question: For more than 10 years, I’ve paid my rent on time and have been a very good tenant. My apartment complex was recently sold, and the new owner wants everyone to fill out a new application. I don’t have a problem providing general information, but it also asks for personal financial information such as account numbers for mutual funds, CDs and 401(k)s. That feels invasive. What do you think?
Answer: It is understandable that landlords need information about their tenants, and it seems that you understand this and are willing to provide some detail about yourself.
The request for financial information beyond current employment would serve no legitimate business purpose and would probably not be accessible or subject to collection if the landlord were to prevail in court for a money judgment against you for violation of your duties as a tenant.
You have a right to privacy under the California Constitution. That right extends to personal financial information.
We suggest you offer to give as much information as you feel comfortable providing. If the landlord is not satisfied, you can assert your right to privacy. If necessary, contact your local housing mediation program.
Landlord can’t segregate families
Question: I recently visited an apartment complex to view an available unit, and I took my 3-year-old child with me. The manager said he could not rent to me because the unit is on the second floor and the owner does not want to be held liable if a child falls off the balcony or down the stairs. Can he deny me an apartment for these reasons?
Answer: No. Familial status is a protected category under federal fair housing laws. It includes households with one or more children under age 18.
Restricting families with children to certain floors or areas of a rental complex is known as steering. It is illegal because it makes less housing available to families with children.
The owner of the complex has a responsibility to ensure that the balconies and construction of the building are compliant with all relevant building and safety codes. Otherwise, the safety of a young child is the responsibility of the parents or guardians.
A family should not be denied equal housing opportunities simply because the unit is on the second floor.
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 or the Fair Housing Council, Fair Housing Institute or Fair Housing Foundation office in your area.
