You’ve heard of secret shoppers, but have you heard of rental testers? A California group called the Housing Equality Legal Project is working to sniff out discrimination by calling rental listing agents and posing as renters.
Here’s how it works: The group will have a false prospective tenant call the agent to ask about a particular rental – and then ask about pet deposits. Later the person – or another posing as a prospective tenant – will call back and inquire about pet deposits for guide dogs. If the agent is found to not answer within the limits of the law, they’ll face a charge of discrimination.
The Housing Equality Legal Project isn’t the only group doing this. Other fair housing groups, including HUD, have testers making sure that agents are in compliance with anti-discrimination law.
Here are a few things to remember:
- Under California law, a landlord may not collect as a deposit more than two times the monthly rent for an unfurnished rental or three times the monthly rent for a furnished rental. While landlords may designate a portion of a security deposit as a specific pet deposit, this is considered a bad idea because that amount may only be used for pet-related damages. It’s also a bad idea because that amount is not in addition to the security deposit itself – it must be included in the deposit.
- Landlords can’t charge pet fees or place breed or size restrictions on the animal.
- Under the California Civil Code, a landlord is prohibited from refusing to rent to a disabled person on the grounds that that person has a guide dog, signal dog or service dog. This category also includes companion animals which provide emotional support.
- Both state and federal fair housing laws mandate landlords to make reasonable accommodations for disabled tenants. This includes allowing service animals.
Agents should also keep in mind that calls from disabled prospective tenants are to be treated like any other potential renter. It’s also illegal to comment on a person’s disability or question whether he or she is truly disabled.
However, you should ask to see a dog’s assistance tag. That’s the potential renter’s proof that the animal is indeed a service animal. If the animal doesn’t have a tag, the potential renter should write a letter explaining why the animal is needed for their disability.
If you have any other questions, talk to your client/landlord and advise him or her to get solid legal advice.
Dreaming of San Francisco? Cece Blase offers local advice to San Francisco buyers, sellers and owners-- and feeds the dreams of those who wish they could live in Tony Bennett's 'City by the Bay.' Call 415-577-0809 or email cblase@paragon-re.com. www.ceceblase.com
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