Tenant Rights :: Habitability upon move-in?

[shulamith]

Originally Posted by Ultrarunner

Annual Housing Authority Inspections are no longer standard practice in cities like Oakland.

A new program is being phased in that will increase inspections of properties that have failed and allow inspections to be skipped on property with a clean inspection record.

Just remember that Habitability is defined by statute in California... Withholding rent is also defined.

Anyone contemplating rent withholding would be well served to consult with a lawyer... Non-Payment of rent is often the basis for eviction.

Also a property may become Uninhabitable through no fault of the owner... anyone that lived through the Loma-Prieta Quake remembers hundreds of homes being red tagged and owners also suffered huge losses.

Please accept my apologies. I thought this person was in Sacramento. So sorry! I live in Sac County and own rental housing in the city, too. Our annual inspection program is very much still in operation and mandatory. Also, as a property manager, I have on two occasions had to facilitate motel fees for tenants who had not paid rent in months. But again, Sac, not Oakland. OOPS!

[Ultrarunner]

Originally Posted by shulamith

Please accept my apologies. I thought this person was in Sacramento. So sorry! I live in Sac County and own rental housing in the city, too. Our annual inspection program is very much still in operation and mandatory. Also, as a property manager, I have on two occasions had to facilitate motel fees for tenants who had not paid rent in months. But again, Sac, not Oakland. OOPS!

Absolutely no apology needed...

I've found HUD programs vary and are constantly evolving... No knowledge how it operates in Sacramento... although, I wouldn't be surprised if the plan is to implement new inspections system nationwide as a cost cutting measure.

My experiences are limited to Alameda and Contra Costa Counties and cities.

I miss the old days when the Housing Authority was responsible for maintenance, evictions and damages for units under contract.

Many changes have been implemented in the 30 plus years I've been with the program... almost a 180 shift of responsibility from the Housing Authority to Owner.

[ebrooks]

Originally Posted by Ultrarunner

I generally come down on Landlords for not taking care of business. I've read your post several times and do not understand why you would move into a place not meeting your expectations?

When Your Unit Needs Repairs

First, you should notify your landlord in writing regarding repairs that need to be made to your unit. State that you want a response within a reasonable amount of time (5 to 10 days).

Then, you should contact the building or housing inspectors for the city in which you live. These inspectors normally do not charge a tenant for the inspection. Obtain a copy of this report and keep it for your records.

AB 647 Chapter 109 Became Law on January 1, 2004.

This law states that a property owner in the State of California MAY NOT demand rent, collect rent, give a rent increase notice or issue a three day notice to pay rent or quit IF:
1. A rental unit substantially lacks water proofing, gas facilities, hot and cold water, heating, electricity, sanitation or garbage receptacles: contains lead hazards, or is declared substandard because the conditions on the property are a danger to the tenant and/or the public.
AND:
2. An appropriate public agency inspects the premises and notifies the landlord of his/her obligation to repair the substandard conditions
AND:
3. The property owner does not repair the problem for at least 35 days after he/she has been notified
AND:
4. The tenant did not cause the substandard condition.

Tenants may enforce these rights in a regular civil action or in a small claims action. The court can order a landlord to fix the property. If a landlord is found in violation of this law, he/she may be liable for money damages, attorney's fees and costs of a lawsuit.

Note: If your unit has a dangerous habitability problem, please be aware that the building inspector has the right to "red-tag" your unit, meaning hat the unit will be boarded up and you will be forced to leave with very little notice to you. (In serious cases, an inspector might order you and your family to leave immediately).

You may also choose to withhold your rent until the repairs are made. If the rent is withheld, the landlord may serve you with eviction papers. You must then appear in court to defend yourself against eviction by proving in court that your unit has very serious and dangerous habitability problems. If the judge decides for the landlord, the tenant will loose his unit and will have an eviction against on his credit reports. This will make it very difficult to rent another unit. Because rent-withholding puts a tenant at substantial risk, we recommend that a tenant go to small claims court instead. This way, if he/she loses, which must always be considered as a possibility no matter how strong the case may seem, the tenant will not lose his/her home

Keep in mind that the plaintiff in a California SC court has no appeal (trial de novo) rights, but the defendant does. Also, discovery is very limited. You have the option to sue in "economic litigation" limited jurisdiction civil court, where you have your full panoply of rights, procedural and substantive. But you will need to be hands on and up to date on the Rules of Civil Procedure. The filing fees are more costly, and you have the danger of liability for the other party's costs.