Q: What’s the law protecting kids in rental agreement turning over age and continue living with parent
My apartment manager refuses to give me a parking permit for my daughter unless she fills up a rental application. We have section 8 and under that my daughter and I are allowed benefits to pay for rent here. We’ve had this since she was a minor. My daughter doesn’t work and I take care of her expenses and home expenses. My daughter is included in agreement when we move here 17 yrs ago. New management only put my name on new lease and mentioned nothing about my children when they took over this place and by then my daughter was still a minor. Without parking permit she won’t be allowed to park in premises. What are my rights as a head of household in this situation. Thank you!
A:
In California, families with children are protected under fair housing laws. Landlords cannot discriminate against families with children or impose unreasonable restrictions on them. Here are a few key points relevant to your situation:
1. Familial status protection: The Fair Housing Act and California's Fair Employment and Housing Act prohibit discrimination based on familial status, which includes the presence of children under 18 in the household.
2. Occupancy standards: Landlords can impose reasonable occupancy limits, but these limits cannot be used to discriminate against families with children. The general guideline is two persons per bedroom plus one additional person.
3. Rental agreements: If your daughter was included in the original rental agreement and lease, the new management should honor that agreement. They cannot unilaterally remove her from the lease simply because she has reached the age of majority.
4. Parking permits: If parking is included as part of your lease agreement, the landlord should provide a parking permit for your daughter, as she is a member of your household. Requiring her to fill out a separate rental application could be seen as discriminatory.
5. Section 8 housing: If you receive Section 8 benefits, your daughter should be included in the household composition for the purposes of determining your rental assistance. The new management should not exclude her from the lease or treat her differently because of her age.
You may want to discuss your situation with a local fair housing organization or a tenant rights attorney. They can provide more specific guidance based on your individual circumstances and help you assert your rights as a tenant.
It's important to document all communications with your landlord and keep copies of your original lease agreement and any other relevant documents. If the landlord continues to refuse to provide a parking permit for your daughter, you may need to file a complaint with the California Department of Fair Employment and Housing or consider legal action to protect your rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
