Q I manage an apartment complex, and I have a tenant, “James,” who smokes marijuana inside his apartment and out on the balcony. Many of the other tenants in the complex complain about the marijuana smoke, including the mother of a boy with asthma. James says he has a medical marijuana card for chronic pain, and I believe him. Under the Fair Housing laws, do I have to let him smoke on the balcony or inside his apartment?
A No, you do not have to let James smoke on the balcony, or even in his apartment, even though James is disabled, and even though it is legal to smoke marijuana under California law with a medical marijuana card. Under the federal Fair Housing Act, housing providers are ordinarily obligated to provide reasonable accommodations for tenants with disabilities to ensure that they have the full use and enjoyment of their apartment. So someone might think that the housing provider in this case might be obliged to allow James to smoke marijuana as a reasonable accommodation, assuming James can show that marijuana is part of the medical treatment for his disability.
However, the federal Fair Housing Act reasonable accommodation provisions exclude the current use of a “controlled substance” under federal law from protection. Even though medical marijuana is legal under California law, it is not legal under federal law. Because the federal Fair Housing Act is a federal statute, and it provides the source of the reasonable accommodation right that would entitle James to smoke medical marijuana as a reasonable accommodation, James is out of luck. The California government hasn’t stepped in to disagree with the federal government on this issue yet.
As an alternative to either evicting James or banning him from using marijuana altogether, you might consider asking James if he can get the pain relief he seeks by eating the marijuana rather than smoking it. This way, he will not be bothering other tenants, but still get the medical benefits of the drug he needs. This area of law is still somewhat up in the air though, so please check in with a private attorney or your local fair housing organization for current information.
What are the Rules regarding Rent Increases?
Q
I am a widow who owns two homes. I live in one of the homes and rent the other home to provide for most of my monthly living costs. Rents are going up and I have been giving some thought to implementing a rent increase as my monthly living expenses are going up, too. My tenant has been great, has been living there for more than 10 years on a month-to-month rental agreement, and I want to do everything correctly to avoid bad feelings. My city doesn’t have any rent control laws, but I was confused doing research on the internet. Some sites had different rules about rent increases for tenants based on the length of their tenancy. What rules should guide my rent increase actions?
A
While the internet can be a valuable source for research, it can also give incorrect or incomplete information. You did the right thing by first confirming that your city has no special rent control ordinances governing rent increases. When cities implement local rent control ordinances, landlords have to be careful to comply or otherwise risk invalidation of the rent increase and strained relations between landlord and tenant. You also raise a common misconception; while the length of a tenancy does affect the notice period for termination, it almost never affects the notice period for a rent increase. The general rule for month-to-month rental agreements is, that a landlord must provide at least a 30-day notice of rent increase when the rent increase is 10 percent or less over a one year period.
Confusion arises when the rent increase is more than 10 percent. In such case the tenant is entitled to a 60-day notice pursuant to California Civil Code section 827. There are some exceptions to this 60-day rule, involving sales of rental properties and situations where an additional tenant has moved into the unit in the past year. Consider contacting a local attorney, a fair housing or mediation program, or Project Sentinel.
