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LANDLORD RIGHTS & RESPONSIBILITIES▼
Responsibilities of Apartment
Owners & Managers Federal and state laws prohibit housing discrimination. By law, you must treat all applicants alike. You cannot deny people housing because of race, color, religion, sex, ancestry, national origin, marital status, physical handicap, familial status, or any arbitrary basis.
Owners are responsible for their agents'
actions, but both can be held legally liable for
discriminatory practices. Both must fully
understand fair housing laws. Decisions about
rental applicants and residents must be based on
objective business qualifications and rules.
Landlords must:
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consider equally all qualified applicants;
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indicate no preference when advertising or showing apartments;
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give all applicants accurate, complete information about available units, occupancy dates and rental terms of conditions;
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refrain from making written or verbal inquiries about applicant's ethnicity, religion, sex. marital status or familial status; and
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be consistent in applying your rental policies.
RIGHTS OF APARTMENT OWNERS & MANAGERS
Civil rights laws protect all of us. As
Californians, we all have the right to "inherit, purchase, lease, sell, hold and convey real and personal property." As owners or agents for owners, you have the right to select the best rental applicant. However, your choice cannot be influenced by illegal considerations such as race, sex, marital status, religion, physical handicap, national origin or familial status.
You have the right to:
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screen people based on their ability to meet objective business qualifications;
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request a complete rental application;
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request job, resident, credit, banking, former landlord and personal references.
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require reasonable income in relation to the rent charged; and
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require residents to comply with reasonable occupancy rules and conditions.
In short, you have the right to determine that applicants will:
- be able to pay rent in a timely, regular manner;
- not disturb other tenants; and
- keep the unit in reasonable condition.
QUESTIONS & ANSWERS
- Does the law limit my advertising?
Yes. The law prohibits advertising which would be illegal in practices. For example, you may not advertise for a particular race or for a family only, or express a religious preference.
- I'm looking for residents who will be
able to do gardening or repairs. Can I show
preference to couples or men?
No. However, in certain circumstances, you may request that a resident be responsible for reasonable gardening or repairs.
- Can I set a dollar amount on the income I
require of my resident?
Yes. But this figure must be reasonably related to monthly rent and applied equally to all applicants, regardless of income source.
- There are so many Americans looking for
housing. Do I have to consider foreigners?
Yes. Your decisions cannot be based on national origin or citizenship.
- Can I exclude a person with a seeing eye
dog?
No. You cannot discriminate on the basis of physical handicap. Moreover, a person with a vision or hearing impairment cannot be denied housing because of a needed dog. The animal in this case is not considered a pet.
- I recently painted my apartments. May I
screen out a person in wheel chair because it
may damage or mark the wall?
No. You can protect yourself by requiring all residents to pay for restoring their units to the initial rental condition upon leaving, less normal wear and tear.
- I've had trouble with certain minorities,
single men and younger people. Do I have to
consider renting to them again?
Yes. You cannot refuse to rent to a person of a particular group because of previous negative experiences with members of that group.
- It is against my religious convictions
for unmarried people to live together. Do I have
to consider renting to them?
Yes. It is illegal to discriminate on the basis of marital status, despite your personal feelings or beliefs about unmarried couples.
- If I rent to unmarried people, I want to
be sure each can pay the rent in case one of
them moves out. Can I require this of unmarried
people only?
No. The same requirements must be applied to either married or unmarried people.
- Do I have to consider people on welfare
or social security?
Yes. If their income meets your requirements for all renters. Discriminating on the basis of source of income is arbitrary and a violation of the Unruh Civil Rights Act. (civil Code Section 51)
- What is arbitrary discrimination?
It is discrimination based on class distinctions which cannot be justified and are not rationally based. Source of income, occupation, and having children are examples of such class distinctions.
- Are there any exceptions to this ruling?
Yes. Complexes designed and constructed with special facilities and services to specifically meet the needs of senior citizens are exempt.
- Can I make rules governing the conduct of
children?
Yes. You may adopt reasonable rules that are not an excuse for discriminating against renters with children.
- Can I continue to maintain an adults-only
community for which my apartment complex was
built?
No. In 1982 the California Supreme Court ruled that, in most circumstances, refusing to rent to families with children is an arbitrary act of discrimination based on age. This violates the Unruh Civil Rights Act.
DENIAL OF HOUSING BECAUSE OF:
RACE, RELIGION, SEX, NATIONAL ORIGIN, CHILDREN, AGE, OR MARITAL STATUS
IS AGAINST THE LAW
FAIR HOUSING LAWS
Civil rights laws promote a just and fair society. In the long run, a fair society is a better place for everyone to live in--renters, owners, and owners' agents. The law that protects another person today, may be the law that will protect you tomorrow.
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FAIR EMPLOYMENT AND HOUSING ACT (Rumford Fair Housing Act of 1963)-prohibits discrimination on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, and familial status. a complaint may be filed with the Department of Fair Employment and Housing Act.
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UNRUH CIVIL RIGHTS ACT (1893, amended 1963) prohibits discrimination in all public accommodations including rental housing and adds arbitrary discrimination to bases covered by the Fair Employment and Housing Act.
RALPH CIVIL RIGHTS ACT (1976) prohibits violence or the threat of violence against protected classes in the exercise of their fair housing rights.
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CIVIL CODE Sections 54.1-54.3 specifically prohibits discrimination against the physically handicapped.
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CIVIL RIGHTS ACT OF 1866--protects the rights of all persons to "inherit, purchase, lease, sell, hold and convey" real and personal property. Bases covered are race and national origin.
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CIVIL RIGHTS ACT OF 1968,TITLE VIII--prohibits discrimination based on race, color, national origin, religion and sex.
FAIR HOUSING = GOOD BUSINESS
● FUNDED BY LA. COUNTY COMMUNITY DEVELOPMENT COMMISSION
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Acknowledgement: The "Questions and Answers" material is based on a pamphlet by Mid-peninsula Citizens for Fair Housing.
This page was last modified on
05/29/2008
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