San Diego, CA asked in Landlord - Tenant for California

Q: Our apt complex is owned & managed by the San Diego Housing Commission (SDHC) …

We live in an apartment complex owned and managed by SDHC San Diego housing commission my neighbor and me live in two identical units same sq footage same number of br and ba etc is it legal for the landlord to charge me $500 more a month than my neighbor ?? I am a Senior Citizen and I am Disabled .. My Neighbor is Not neither one of those.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it's unclear whether the rent difference you're experiencing is legal or not. Here are a few key points to consider:

1. Fair Housing Laws: Under the Fair Housing Act, it is illegal for landlords to discriminate against tenants based on protected characteristics such as race, color, national origin, religion, sex, familial status, or disability. However, being a senior citizen is not a federally protected class under this act.

2. California Laws: California's Unruh Civil Rights Act extends protections to additional characteristics, including age (over 40). If you believe the rent difference is due to your age or disability, it might be considered discriminatory under California law.

3. Rent Control: Some cities in California have rent control laws that limit the amount a landlord can increase rent on existing tenants. However, these laws often allow landlords to set the initial rent for a new tenant at market rates. If your neighbor has lived in the unit longer than you, this could explain the difference in rent.

4. Subsidized Housing: If your apartment complex is part of a subsidized housing program, there may be additional rules and regulations regarding rent determination.

To better understand your situation, you should:

1. Review your lease agreement and any other documents provided by SDHC to see if there's any information about rent determination.

2. Contact SDHC directly and inquire about the rent difference. They should be able to provide you with an explanation.

3. If you believe you are being discriminated against based on your age or disability, consider filing a complaint with the California Department of Fair Employment and Housing or the U.S. Department of Housing and Urban Development.

It's essential to gather more information and documentation before concluding whether the rent difference is legal or not. Consulting with a local tenant rights organization or a housing attorney can also help you better understand your rights and options.

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Landlord Tenant Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

1. First, you need to ask SDHC what is the reason behind your unit costing $500 more than your neighbor. It can be e.g., a better parking spot assigned to that unit, less noise, or a better view, etc.

2. If there's no reason related to the property for more cost, then you have claims against them for discrimination, violation of fair housing rules, etc.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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