Q
I recently moved to the United States from Mexico. Soon after I moved to my current apartment, another tenant in the building began insulting me, using ethnic slurs and telling me that I should “go home and stop stealing jobs from real Americans.” I tried to just ignore her, but one night I caught her vandalizing my car with an ethnic slur. I finally told my property manager what was going on and asked for her help. She said that she could not do anything about the situation because the argument was between tenants, and if we couldn’t work it out she would evict both of us. I am frustrated that my property manager isn’t helping, and I’m scared that the other tenant will do something even worse. What can I do?
A
Based on your description, your neighbor may be targeting you based on your national origin. If a housing provider, such as property manager, is on notice of unlawful discrimination occurring on the property, fair housing laws require a response. This is true even when the discrimination is only between tenants.
Different situations call for different responses. Sometimes a property manager may require both tenants to attend mediation so that they can talk and figure out a solution to the conflict. Other times, like here, more serious action may be required. Because the other tenant damaged your property, the property manager may determine the other tenant violated her lease terms and presents a danger to others on the property. At a minimum, though, the property manager must investigate your claim and take whatever measures are necessary to stop the harassment, up to and including evicting the other tenant. The property manager cannot just ignore the situation or expect you to “work it out” with the other tenant.
If your property manager does not respond to the situation appropriately, she could be in violation of the fair housing laws, and may have the right to file a complaint against her. You may also have the right to file a complaint against your neighbor. You can contact your nearest fair housing agency to discuss your options, or contact Project Sentinel at info@housing.org or visit www.housing.org.
Tenant with PTSD wants to break lease
Q
I am a landlord. A resident at one of my complexes asked to break his lease early because he is suffering from post-traumatic stress disorder (PTSD). He said that after returning from a military tour overseas, he is unable to sleep or focus on normal daily tasks because of the complex’s proximity to railroad tracks and a local interstate triggers severe anxiety. He offered to provide a doctor’s note explaining that he needs to be able to leave the property for his mental health. He always pays his rent on time and never has any problems with other tenants, and I hate to lose him as a tenant. Do I have to let him break his lease?
A
Yes, this tenant is mostly likely entitled to a reasonable accommodation for early termination of his lease. Both the federal Fair Housing Act and the California Fair Employment and Housing Act provide that people with physical or mental impairments that limit a major life activity are entitled to request reasonable accommodations. Reasonable accommodations are changes to a housing provider’s policies, practices or procedures that are necessary to allow a disabled person the opportunity to fully use and enjoy his home. To show that an accommodation is necessary, a tenant must show how the requested accommodation will mitigate the effects of his disability.
Your tenant demonstrated he suffers from a mental impairment that limits his ability to sleep and complete normal daily tasks. Based on what your tenant told you, he is disabled and his request to vacate the unit without penalty is reasonably related to his need to mitigate exposure to experiences that trigger his PTSD.
The law requires that a housing provider engage in an interactive process to reach a reasonable accommodation for a disabled tenant. If your tenant’s disability is not apparent, you may be entitled to request verification from a knowledgeable third party, such as a medical provider, that your tenant is disabled and that, as a result of that disability, he needs to break his lease. While no landlord likes to see a good tenant leave, once you receive the required documentation from your tenant’s knowledgeable third party, you should promptly grant the accommodation and let him out of his lease without penalty.
