Frequently Asked Questions
May I Display a Religious Sign in My Apartment Window?
It depends. Whether you are in San Diego or Oakland or Sacramento, if the landlord allows other tenants to display signs in their windows, then the landlord cannot forbid you from placing a religious sign in your window. Often landlords have size limitations for signs, so check to see if your sign meets the size limitations. If you are unsure whether your landlord has size limitations for signs, then contact us about reviewing your apartment’s rules and regulations. If your landlord is discriminating against you because of the religious content of your sign, and we accept your case, then we will fiercely fight on your behalf, for the housing laws protect your right to freedom of religion.
I Am Afraid That the Landlord Will Evict Me If I Complain about Discrimination, So What Can I Do?
Many tenants rightly fear being evicted if they complain about housing discrimination. As such, they hesitate to complain about discriminatory treatment. If that is your situation, then we would love to talk with you and discuss with you how the law will protect you if you do complain. If you do choose to do something about the unlawful treatment, then know that we will fiercely defend you from any and all retaliation. It is illegal and we will not stand for it.
May My Children Play Outside?
The short answer is “yes,” but with reasonable limitations. For example, let’s say that you live in Los Angeles (or San Diego or Fresno) and your landlord forbids children from playing outside under any circumstance, then that restriction likely would be unlawful. In fact, if your landlord places any type of restriction on children’s play, then it will be required to meet a very tough burden under the law before a court will agree that the restriction is unlawful. If you would like to discuss your particular situation, then, please, feel free to contact us.
What Good Does it Do for Me to Complain about Housing Discrimination?
First things first: no one should have to put up with housing discrimination. There are many laws that protect tenants, would be tenants, and home owners. If you are being discriminated, then we want to see that you are assured of your rights under the law. Next, if we accept your case, then we will talk with you about how your case can make a difference at your apartment complex and any other apartment complex owned by your landlord. In short, your case may be instrumental in assuring that others similarly situated are treated fairly under the law in the years ahead. In a nutshell, your case can bring about change.
Are Supervision Requirements Legal?
Often times supervision requirements are unlawful, for they are too restrictive. If your landlord has a rule that all children must be supervised by an adult when they are outside of the apartment, then most courts find that rule to be unlawful. But what about a requirement that only children 12 and under be supervised? That rule, too, may be unlawful. Put simply, if you are wondering whether your landlord can forbid your children from being outside unless they are supervised by an adult, then this should be a red flag that something is probably wrong.
Do Families with Small Children Have to Live in Downstairs Apartments?
No. Families with small children are free to live anywhere in an apartment complex. If the landlord is telling you otherwise, then the landlord is breaking the law.
May My Landlord Have a Curfew for Children?
Clearly, if a curfew applies solely to children, then it is discriminatory on its face and it impacts their fundamental right to free movement. Such a curfew should be found to violate the federal Fair Housing Act.
Have You Experienced Housing Discrimination?
If you are looking for a new place to call home and the landlord refuses to rent to you because of: 1) your religion; 2) the fact that you have children (under 18 years of age); 3) your race; 4) your color; 5) your national origin; 6) you are pregnant; or 7) you are disabled, then you may have experienced housing discrimination under the federal Fair Housing Act.
If you believe that you may have experienced housing discrimination while looking for a new place to call home, then, please, call us. Within a few minutes, we will be able to tell you if we believe that you have experienced housing discrimination. We handle housing discrimination cases against landlords from San Diego to San Francisco and beyond.
Can My Landlord Threaten to Evict Me Because My Children Are Too Loud?
Children are allowed to make a reasonable amount of noise. Some landlords, however, seem to be of the belief that children must be as quiet as a church mouse. If your landlord’s complaint sounds reasonable, then talk with your children about the matter. But if your landlord’s complaints sound ridiculous, then talk with a lawyer about the matter.
How do I Know if I Have Been a Victim of Housing Discrimination?
Most of the times, you don’t. But something likely will stir in your gut and tell you that what has happened to you does not seem right. In those cases, if you will contact us, then we’ll discuss your matter with you, free of charge, to see if you have been the victim of housing discrimination.
What Should I Do If I Think That I Have Been the Victim of Housing Discrimination?
First, keep any written notices that you have received from your landlord, including any letters or notices threatening you with eviction. Next, locate your lease and a copy of the apartment rules and regulations. Third, make a list of other tenants (and their contact information) who may know about the discriminatory treatment. Finally, contact a lawyer who if familiar with the fair housing laws. If you would like to contact us, then you may either email us or call us at (858) 220-9601.
Would You Accept My Case If I Cannot Afford to Pay?
If we accept your case, and you cannot afford to pay, then we will talk to you about taking your case on a contingency fee basis. If we take your case on a contingency fee basis, then you will not have to pay anything until your case is either settled or we prevail after trial. We would be more than happy to talk with you about your case, whether you can presently afford a lawyer or not.
Can a Landlord Forbid Children from Skateboarding, Riding Bikes, and Playing at Our Complex?
Many landlords attempt to limit the activity of children by simply forbidding playing at the complex altogether. These types of rules may be illegal. What courts look to with these types of rules is the impact of the rule. If the rule has a significantly disproportionate impact upon one protected group of individuals (for example, children), then the rule will be unlawful. For example, if there is a rule that forbids all tenants from riding bicycles, skateboarding, skating, and playing with balls, then that rule will have a significantly disproportionate impact upon children. For they are the ones who ride bikes, skateboard, skate, and play with balls. Courts also will look at how your landlord enforces its rules. If the landlord only enforces a rule against children, and not against adults, then the court will likely find that the landlord has discriminated in the enforcement of its own rules.
Do My Children Have to Go to the Park If They Want to Play?
In most cases, no. While the landlord may place certain restrictions on activities at an apartment complex, most of the time the landlord may not completely forbid children from playing at the complex. If your landlord is telling you that your children must play at the park, then you may be the victim of housing discrimination.
What If I Agreed to the Discrimination in the Lease?
Just because you signed a lease that said, for example, “Children cannot play outside,” it does not make that portion of the lease lawful. Put simply, if you think that a certain rule is illegal, then contact us, and we’ll let you know if we believe that it is unlawful.
Can We Have a Bible Study at Our Apartment Complex?
If your landlord allows others to have visitors, then your landlord likely cannot forbid you from having a bible study at your apartment. Your landlord can, however, have reasonable noise restrictions for all tenants, so if you are making excessive noise during your bible study, then your landlord can ask you to keep your noise level to reasonable limits. But an out-and-out prohibition against a bible study likely would violate several laws, including the Fair Housing Act.
Do You Take Apartment or Housing Discrimination Cases in Fresno or Clovis?
Yes, we take housing discrimination cases in Fresno and Clovis, and anywhere else in the State of California. Put simply, one of our goals is to help tenants who are facing housing discrimination regardless if they live in San Diego, San Jose, San Francisco, Irvine, Huntington Beach, or Bakersfield. And although we’re based in San Diego, we’ll even take housing discrimination cases in Oakland (but we won’t root for the Raiders!).
Are Mobile Home Parks Exempt From the Fair Housing Laws?
No, not at all. The Fair Housing Act is very broad. So if you believe that you are facing discrimination in your mobile home park, then feel free to contact us.
May a Housing Community Be Limited to People 55 Years of Age and Older?
Yes, it may, but there are a few rules that an over 55 years of age community must meet before it can discriminate against families with children. First and foremost, at least 80% of the households must have at least one person living in them who are over 55 years of age, otherwise, the community is not what the law terms “housing for older persons,” and would not be allowed to discriminate against families with children. If it does discriminate against families with children, and it does not meet the legal requirements to be deemed housing for older persons, then it is in danger of violating the fair housing laws.
If I Have Already Been Evicted, Do I Have Any Right to Go Back and Sue the Landlord for Housing Discrimination?
More than likely you do have the right to sue your landlord even after you have been evicted. There are some technical issues that may come up, but don’t hesitate to seek legal help if you feel as though your landlord discriminated against you before evicting you. To be candid, the very eviction itself may have been a discriminatory act.
What Should I Do If My Landlord Has Filed An Unlawful Detainer (Eviction Lawsuit) Against Me, But I Have Not Yet Gone to Trial?
If your landlord is trying to evict you, and you suspect your landlord of unlawful housing discrimination, then contact a lawyer immediately.
Are There Different Laws for Apartment Discrimination Matters From Housing Discrimination Matters?
No, the same laws against housing discrimination apply to apartments, houses, condos, mobile homes, and any other dwelling. So whether you live in a condo in Alameda or a home in Del Mar, the same laws prevent landlords from discriminating against tenants.
