Q: How much can I request from my landlords if they violated government code 12955
I filed a case with dfeh and they took that the complaint regarding my pet deposit with my service dog because I am disabled and they denied me the return my pet deposit to me.
So what can I ask to be compensated for them violating it?
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- California
- (916) 704-3009
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- Answered
A:
In California, if a landlord violates California Government Code 12955, which prohibits discrimination in housing based on disability (among other protected classes), you may be entitled to various remedies. The specific compensation you can request depends on the facts of your case and the extent of the damages you suffered due to the landlord's discriminatory actions.
Some potential remedies include:
1. Refund of the pet deposit: Since service animals are not considered pets under the law, charging a pet deposit for a service animal is illegal. You can request a full refund of the pet deposit.
2. Compensation for emotional distress: If the discrimination caused you emotional distress, you might be able to recover damages for that harm.
3. Punitive damages: In some cases, if the landlord's actions were particularly egregious or intentional, you may be entitled to punitive damages to punish the landlord and deter similar behavior in the future.
4. Attorney's fees and costs: If you hire an attorney to represent you in this matter, you may be able to recover your attorney's fees and costs if you prevail.
The Department of Fair Employment and Housing (DFEH) will investigate your complaint and determine an appropriate resolution. They may also choose to file a civil complaint on your behalf in court. If the case goes to court and you prevail, the judge will determine the appropriate remedies based on the evidence presented.
It's advisable to consult with an experienced tenants' rights attorney or disability rights attorney who can assess your case and help you determine the appropriate compensation to request based on your specific circumstances.
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