Q: What are our rights regarding habitability and fair housing discrimination?
Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored accommodation requests.Problematic Employee: causes significant stress, despite requests to limit her communication.
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- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:
Habitability:
- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and other issues affecting health and safety.
- If the landlord fails to make necessary repairs after being notified, tenants can make repairs themselves and deduct the cost from rent, file a complaint with local authorities, withhold rent, or even move out.
Fair Housing Discrimination:
- California law prohibits housing discrimination based on disability, including mental health conditions like PTSD, anxiety and depression.
- Landlords must provide reasonable accommodations for tenants with disabilities, such as making necessary modifications to the unit or adjusting policies.
- Retaliation against tenants for exercising their rights or making complaints is illegal.
Problematic Employee & Unauthorized Entries:
- Tenants have a right to privacy and "quiet enjoyment" of their rental unit. Unauthorized entries by management are not permitted except in specific circumstances with proper notice.
- If an employee is causing significant stress, you can request in writing that communication go through a different channel or employee. Keep records of all correspondence.
Next Steps:
1. Document everything - keep records of issues, complaints made, and any negative impacts on your health. Put repair and accommodation requests in writing.
2. File complaints with local authorities, such as the city building department regarding habitability issues and the Department of Fair Employment and Housing regarding discrimination and retaliation.
3. Consider consulting a tenants rights organization or attorney specializing in housing law to discuss your options, including possible legal action.
Remember, you have a right to safe and decent housing free from discrimination and retaliation. Don't hesitate to assert your rights and seek help from outside authorities if the landlord fails to address serious issues. Wishing you all the best in resolving this difficult situation.
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