Q
I am disabled and have a live-in caregiver. My landlord recently gave me a 60-day notice to terminate my tenancy. When I asked why, my landlord said he received numerous complaints from other tenants about my caregiver smoking on the property. What can I do to avoid getting evicted from my home?
A
It sounds like your caregiver’s behavior is jeopardizing your tenancy. Although your caregiver is not considered a tenant under the law, he is still obligated to comply with all applicable lease terms, such as not smoking on the property. If you believe your tenancy is in jeopardy because of your live-in caregiver’s behavior, then you should consider hiring a new caregiver who can provide supportive services to you while complying with the property rules.
If you take prompt action to address your caregiver’s violation of property rules (such as hiring a new caregiver), then you can make a strong argument that your tenancy should not be terminated. If your landlord persists in attempting to evict you even after you’ve taken reasonable steps to ensure the violation of property rules will not occur in the future, then your landlord may be violating your fair housing rights.
Insurance denied over Section 8 tenants
Q
I own a small residential rental property and recently renewed my liability insurance. As part of this process, the broker asked for information about my tenants, including whether I accept Section 8 housing choice vouchers. I do. A few weeks later, I received a letter from the insurance company declining to renew my policy because they don’t insure owners who rent to voucher holders. Is this legal?
A
Insurance companies may deny coverage for a variety of reasons, such as when a property is not well-maintained or there is a history of lawsuits against the owner. However, insurance companies may not deny coverage for reasons that violate federal or state housing discrimination laws. For example, it’s illegal to for an insurance company to deny coverage because the property owner rents to a protected group of people, like families with children or persons with disabilities.
Though it’s not obvious, refusing to insure a property owner who rents to Section 8 tenants violates fair housing laws. A large portion of voucher holders are members of protected classes. Many voucher holders are disabled or elderly, have children, or belong to racial and ethnic groups that have been traditionally marginalized. For this reason, refusing to insure a property owner who accepts vouchers is effectively refusing to insure a property owner who rents to protected groups of people. While this may not be intentional discrimination, the insurance company’s action results in a discriminatory effect that still violates the law. In California, a recent state law makes it expressly unlawful for insurance companies to even ask a property owner whether if they rent to tenants with rental subsidies, as well as unlawful to deny, suspend or otherwise refuse insurance coverage because the property owner rents to tenants with rental subsidies, including Section 8. For more information, contact Project Sentinel at info@housing.org or go to www.housing.org.
