Susanville, CA asked in Landlord - Tenant for California

Q: In California, Is it lawful to change the size of unit & not inform me prior to signing the lease for low income apts.

I had requested a 3 bedroom apartment and was told what unit my family would be getting. On the day of the "breifing" and lease signing, there were 3 other applicants in attendance. I was the only person of color and I was the only one who didn't have a lease to sign. The white lady who was approved that morning had a lease but not me. I've been waiting 9 days for this meeting.

They said the manager had the wrong unit. I thought it was just an error on the address since when I did finally get the lease, it had a pen mark over a number on the address. We all signed the leases, I paid the deposit and upon payment is when the manager finally tells me that we got a 2 bedroom, not the 3bedroom I requested for my family of 3. I asked why no one told me prior to signing the lease? No apology was given. She just said housing made the decision. I've requested reasonable accommodations and all have been denied. Even for my sons disability. But I've learned other white moms got 3bd w/2 kids.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you have provided, there are several potential legal issues to consider:

1. Bait and switch: If the property management company advertised and promised a 3-bedroom apartment but then provided a 2-bedroom apartment without prior notice, this could be considered a deceptive business practice.

2. Discrimination: If you believe that you were treated differently or denied a 3-bedroom apartment due to your race, while white applicants with similar family sizes received 3-bedroom units, this could be a violation of fair housing laws that prohibit discrimination based on race, color, or national origin.

3. Failure to provide reasonable accommodations: If your son has a disability and you requested reasonable accommodations that were denied, this could be a violation of the Fair Housing Act and the Americans with Disabilities Act (ADA).

To address these issues, you may want to consider the following steps:

1. Document everything: Keep records of all communication, lease agreements, and any other relevant documentation.

2. File a complaint: You can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD) if you believe you have been discriminated against or denied reasonable accommodations.

3. Seek legal advice: Consult with a housing attorney or a legal aid organization that specializes in housing law to discuss your rights and potential legal remedies.

It is important to note that while the property management company should have informed you of the change in the apartment size prior to signing the lease, the specific legal implications may depend on the details of your case and the applicable state and federal laws.

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