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Mold, Mildew Are Serious Enough to Get Landlord Involved
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Tenant's attorney Kellman replies:
You are protected by federal and state fair-housing laws. It is illegal to discriminate based on familial status. These fair-housing laws are meant specifically to protect families with a child or children. When you are blessed with the new baby, you will be a family with a child and absolutely should be protected.
These laws are designed to prevent landlords from evicting, threatening to evict, refusing to rent to, or making it uncomfortable for families with children so they will choose to live elsewhere. One method of trying to keep children out of a complex is to restrict the unit to one person. Even though you are renting with a "one-tenant lease," you may have more occupants beside yourself when they are your children.
The guidelines generally accepted for valid occupancy limitations are a minimum of two people per bedroom plus one. Therefore, for example, three people can live in a one-bedroom apartment.
If your landlord tries to evict you solely based on the baby, go directly to your local fair-housing office. If an eviction action is filed, seek legal assistance right away. You could stop the eviction; you might also be entitled to monetary damages.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenant's Legal Center, and Ted Smith, principal in a firm representing landlords. E-mail your questions to Griswold atrgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.
© 2005 Inman News Features
Distributed by Inman News Features
