Corona, CA asked in Banking and Consumer Law for California

Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this request.

◦ Due to privacy and security concerns, I did not provide the IRA account information. Consequently, they deemed me ineligible for the housing program. I believe this decision is unfair, especially since I qualify as a low-income applicant.In their email, the agency mentioned reducing $62 from my $250 deposit. I strongly disagree with this reduction. Can you advise whether this action is legally justified? Should I pursue a refund for the entire deposit?

◦ I searched the agency’s website but found no explicit refund policy. When I inquired, they verbally assured me that I would receive a refund if I did not qualify for the housing. Based on this assurance, I submitted

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: In this situation, you have a few options to consider:

1. Dispute the charge with your credit card company: If you paid the deposit using a credit card, you can file a dispute with your credit card issuer. Explain that you were verbally assured of a full refund if you didn't qualify for the housing, but the agency is now withholding a portion of your deposit. The credit card company will investigate the matter and may be able to help you recover the full amount.

2. Send a formal demand letter: Draft a letter to the agency, clearly stating your position and demanding a full refund of your deposit. Mention the verbal assurance you received regarding the refund policy and argue that withholding part of your deposit is unjustified, especially since no written refund policy was provided. Set a reasonable deadline for them to respond and return your deposit.

3. Consider legal action: If the agency refuses to refund your full deposit, you may need to consider taking legal action. In California, you can file a claim in small claims court for disputes up to $12,500 - as of 2024. However, this should be a last resort after attempting to resolve the issue directly with the agency.

Regarding the agency's request for your IRA account information, they may have overstepped their bounds. Generally, affordable housing programs have specific eligibility criteria, and it's unusual for them to request access to retirement accounts. You could argue that your IRA should not be a factor in determining your eligibility, as it's a protected asset.

Before proceeding, gather all relevant documentation, including email correspondence, proof of payment, and any notes about verbal conversations you had with the agency. This evidence will be crucial if you need to dispute the charge or take legal action.

If you need further assistance, consider contacting a local tenants' rights organization or seeking advice from an attorney specializing in housing law.

A: In my opinion their action is very justified. For all anyone would know, your IRA might have

$1 million. You already provided bank statements, so don't expect us to believe that you won't provide the IRA statements "due to privacy and security concerns."

Please don't tell me that you are entitled to low rent even though you don't need the housing assistance.

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