February 25, 2005

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Palo Alto Online

Remove religious symbols?

by Martin Eichner

Q I manage a complex where the property owner has very few rules. A new tenant has hung religious symbols in the front window of her apartment. The owner is afraid other tenants will want to do the same for their own faith or beliefs. Can the owner ask her to remove these items and inform all tenants that items of any type are not to be hung in the windows?

A Property owners have a great deal of discretion to make rules and policies regarding their rental property but they cannot discriminate on the basis of religion. The Federal Fair Housing Act Amendments of 1988 provide tenants the right to be free from religious discrimination. It could be argued to include a right to hang religious symbols inside a tenant's own unit.

As long as it is enforced evenly, it is our perspective that an owner can probably make a policy stating that residents are not to hang anything in their windows that are visible from the outside. It would be best to state this rule in the rental agreement.

For example, it would be an indication of religious discrimination if a tenant who has a religious symbol hanging in their window has action taken against him or her while a tenant who has a plant or some other non-religious item hanging in their window has no action taken. In such circumstances, the owner's policy is being administered unequally. If the owner were consistent in taking action against everyone who does not abide by the policy, then it would be harder for someone to make a claim that the owner's policy is discriminatory.

Timing can also be significant. If a notice to all residents to take down any items hanging in windows was issued immediately after the tenant hung the religious symbol in her window, she may feel that the notice is aimed specifically at her religious expression, in violation of her rights under fair housing laws. Contact your local fair housing agency if more assistance is needed.

Q From time-to-time a tenant moves without giving a forwarding address. If I don't have a forwarding address, it is difficult to locate the former tenant in order to settle the security deposit. I have several landlord/tenant books that say I can request a new forwarding address for an individual (i.e., a former tenant) by writing "Address Correction Requested" on the deposit settlement envelope and paying a small fee. The local post office declined my request for this service. Don't departing tenants have to give forwarding addresses?

A Departing tenants are not obligated to reveal forwarding addresses just as housing providers or their agents are not required to reveal personal information about a property owner such as an address or telephone number, except to meet Civil Code §1962, which requires that a tenant be given a contact name and telephone number for emergencies, such as a management company, on-site manager or security patrol. We inquired with our local postal station about the service you described. They stated that the "Address Correction & Forwarding Requested" service only applies to companies that do bulk mailing of written materials.

To assist in locating a former tenant you can use the references or employment information listed on the tenant's application, the Internet or consult with a private investigator. However, you have no duty to do so. You can send correspondence to a former tenant at their last known address and state on the envelope "Please Forward." In most cases, if a departing tenant has requested their mail to be forwarded, your security deposit settlement letter will reach them. If "mailing forwarding" has not been established, the correspondence will be returned to you. Retain this envelope to show your timely attempt to settle the deposit as required by Civil Code 1950.5.

Q 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?

AThe 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 how large it is. 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 the California State 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 the federal and state fair housing laws. Fair housing laws apply to all properties except those where 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 children.

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 less than three people. The Uniform Housing Code is not an occupancy standard, however §503 provides general guidance about the minimum floor space needed for three persons.

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 if 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. Fair housing agencies can also help landlords to determine reasonable occupancy limits for their units.

Q My new tenancy began on the 6th of this month, which was just a few days ago. I paid the pro-rated amount for the balance of the month. Yesterday the landlord asked me for next month's rent. I've tried talking to her but she insists I pay next month's rent now. I don't think I owe the money since I've already paid for the current month. What do you think?

AYour landlord may be concerned that you have occupied the property without having paid a full month's rent. There are two ways a new tenancy can begin other than on the first day of the month. One is when a tenant pays the pro-rated rent for the remainder of the move-in month and then begins paying the full rent on the first day of the following month. The second way is when a tenant pays 30 days of rent beginning from the move-in date, i.e., June 13 to July 13, and then pays the pro-rated rent for the balance of the second month, i.e., July 14 to July 30. Since your next month's rent is not due, the landlord cannot request payment, not even with a 3-Day Pay Rent or Quit Notice. Discuss the matter again with the landlord. If you are not satisfied, contact the local housing mediation program for assistance.

Q I am a single head-of-household with two children and receive regular child-support payments. I recently qualified for county income assistance and a work program. A prospective landlord has refused to rent to me even though I financially qualify for the vacant unit in her apartment complex. She says she does not accept "welfare" mothers. Can she refuse my application because I receive child support and county aid?

A In California, it is illegal for a landlord to refuse to rent to a prospective tenant because of their source of income. Income from any source, as long as it is legal and verifiable, must be counted towards qualifying a prospective tenant. Therefore, your prospective landlord's declaration that she does not rent to welfare mothers was a discriminatory statement and in clear violation of the California fair housing laws.

Landlords have the right to protect themselves from renting to tenants who will have trouble affording the rent. To help them choose a qualified tenant that will pay rent on time, landlords are allowed to request information concerning a prospective tenant's credit history, income and past rental history. Landlords can establish income standards as long as they are applied equally to all applicants. Landlords can develop a formula that requires a tenant to earn at least two or three times the rental amount per month.

But whatever standard is used, landlords must subject every applicant to the same standard and take only the amount of income into consideration, rather than its source. Contact your local fair housing agency for more information.

Q The complex I manage is very strict about adhering to the laws governing disabled tenants and applicants. A current tenant has had a serious automobile accident and must stay in bed for an extended period of time. He has asked that the bedroom walls be repainted from glossy white to soft blue; the color he feels is more soothing. Do we have to repaint the walls to accommodate his temporary disability?

AWe would recommend that you allow the tenant to have the walls repainted, at his or her expense. Under fair housing laws, a landlord must allow tenants with disabilities to make reasonable modifications to their units, as medically necessary. As part of this arrangement, the renter should agree, in writing, to restore the premises to its original condition at the time of move-out, if the modification would limit marketability or use by the next tenant.

When a disabled tenant is asking for permission to make a physical change to a unit, a landlord has the right to refuse any unreasonable modification. An unreasonable modification could be a tenant who has allergies requesting a landlord to remove long-established trees or shrubs that could not be replaced when the tenant vacates.

In the example you present, the new paint appears to be a reasonable request since it can be easily reversed. The property owner has the right to ask for verification from a health care provider or case worker that the modification is necessary for medical reasons, or to enable the tenant to fully use and enjoy the dwelling.

"Disability" under federal law is defined as a physical or mental impairment that is uncorrectable and that substantially limits one or more major life activities, such as caring for oneself, walking, seeing, hearing, learning or working. The law also protects people who have a history of having a disability or who are regarded by others as having a disability. Under California law, whether the condition is permanent or temporary, and whether it is substantial or correctable, if a person is limited in major life activities, he or she is protected by fair housing laws. >

Martin Eichner edits RentWatch for Project Sentinel, an organization founded in 1974 that provides landlord tenant dispute resolution and fair housing services in Northern California and administers rental-housing mediation programs in Palo Alto and Mountain View. Call (650) 856-4062 for dispute resolution or (650) 321-6291 for fair housing. Copyright 2004 Project Sentinel. All rights reserved.

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