How Many Is a Crowd?

Robert S. Griswold | Steven R. Kellman | Ted Smith
27-April-2003 Sunday

This column on issues confronting renters and landlords is written by Counselor of Real Estate and Certified Property Manager Robert Griswold, host of Real Estate Today! with Robert Griswold (10 a.m. Saturdays on News Radio 600 KOGO, or on the Internet at www.retodayradio.com), and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

QUESTION: I am a landlord and I thought the landlord has the absolute right to decide how many people may live in his rental. Am I wrong?

ANSWER: Property manager Griswold: Typically the landlord will have the right to determine the number of occupants in their rental property as long as they comply with the guidelines of the California Department of Fair Employment and Housing commonly known as the 2 + 1 rule.

Under these guidelines, the landlord should allow at least two people per bedroom plus one additional occupant in the rental unit.

For example, two people should be allowed to occupy a studio unit, three persons in a one bedroom, five persons in a two bedroom, etc. The department takes the position that they will not investigate an allegation of familial status discrimination against a landlord as long as they allow at least the number of people to occupy a rental unit as allowed under the 2 + 1 guideline.

However, the department also states that landlords may legally have a more restrictive occupancy policy as long as it is based on legitimate business reasons. While they do not clearly define these reasons they may include very small rental units, or very limited parking, etc.

It is my understanding that increased costs such as water/sewer, wear and tear, etc. will qualify as a legitimate business reason to deny additional occupants.

In light of the gray area in interpreting this policy, I strongly suggest that you consult with a tenant-landlord attorney in your area to assist you in setting occupancy guidelines for your particular rental property.

Study this more

Question: Is it legal for a small, private, nonprofit college fraternal organization to restrict its rentals of rooms in its house to member- students of a particular field of study? Can you refer me to codes that would pertain to such?

Landlord's attorney Smith: Both state and federal fair housing laws prohibit discrimination in rental housing. Both California and the federal government have jurisdiction in this area.

There are exceptions. In California, a homeowner may discriminate when selecting a resident for a room within a home in which the owner resides. Other facts regarding the private nature of the organization could create more exceptions. However, you have given me no facts that the fraternal organization is truly private.

Furthermore, it may have a connection to any one or more governmental agencies, including universities or subsidies that would take you into equal opportunity and governmental regulations.

I direct your attention to California's Civil Code and the federal fair housing amendments for further discussion.

Blind sided

Question: When I moved into this condominium 2 1/2 years ago, I agreed (per the lease) to pay for painting, as well as for the cleaning of carpets and the window blinds, which have fabric on one side. I will be moving soon, and now I think the owner should pay some of the costs because when I moved in, the paint was already peeling off the walls in several rooms, and the owner said the last time she painted the condo was 10 years before I moved in.

I have hung pictures and I think it's fair that the owner hire a painter to fill the holes and paint the walls, and charge me for that. But I don't think I should pay for re-painting the ceilings or for having the window blinds cleaned, because I don't smoke. The blinds are 12 years old and have yellowed, but that is due to their age and not my 2 1/2 -year tenancy.

Landlord's attorney Smith: California law states that a tenant's security deposit may be used for damages above ordinary wear and tear and reasonable cleaning expenses. You concede that the property manager will have the right to charge you for spackling and painting on those walls containing your nail holes.

The paint on the ceiling is a more troublesome issue. It may be unsightly but it does not violate California's habitability laws. As an aesthetic or cosmetic item, you'll be required to live with that condition.

As to painting and cleaning deductions, I think a pro-ration would be in order. The deductions should be attributable and pro- rated to your 2 1/2 -year tenancy as relates to the age of the blinds and original paint. Although you didn't smoke, it is reasonable to assume that at least some of the yellowing had to have occurred within your time in possession. Again, a pro-rate would be the rule of thumb.

IF YOU'RE A TENANT OR LANDLORD, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 120191, San Diego, CA, 92112-0191. Or you may e-mail them at rgriswold.sdut@retodayradio.com

Copyright Union-Tribune Publishing Co.

Back to 2003 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

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Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com