Tenant's Rights for Public Housing in Los Angeles
The Department of Housing and Urban Development, or HUD, has created federal laws that public housing administrators must adhere to when dealing with tenants. The state of California also has created tenant right laws that protect against landlord abuse. HUD states that when federal and state law conflict, public housing administrators should follow the requirements that provide the most benefit to the tenant. The County of Los Angeles Department of Consumer Affairs handles complaints of discrimination and tenant rights violations.
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Fair Housing
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Affordable housing tenants must be treated fairly. Fair housing laws state that all applicants for housing must be treated the same. An applicant cannot be denied tenancy based on race, color, national origin, sex, age, disability, religion or familial status. California law states that if a landlord denies a rental application based on credit history, the applicant has the right to ask for a copy of the credit report. California property owners also cannot retaliate against a tenant who files a complaint by increasing the rent or threatening eviction.
Entering The Rental Unit
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Section 8 property owners must conduct an annual inspection of the tenant's rental unit. Los Angeles County requires that the property owner provide the tenant a 24-hour notice to enter the unit. Reasons a landlord would need access to a unit include making repairs, or showing the home to another potential renter. If there is an emergency in the rental unit, the 24-hour advance notice requirement is not in effect. The property owner is only allowed to enter the unit during business hours. The landlord cannot enter the unit based on retaliatory or discriminatory purposes.
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Notices
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In addition to providing notice for entering the enter, the property owner must also provide a 60-day notice of rent increase under both federal housing and California state laws. Los Angeles County and HUD laws also state that property owners must give Section 8 tenants a 90-day notice to vacate the rental unit. The method for calculating the time frame begins on the day after the notice is received. If notice expires on the weekend or a holiday, the tenant will have until the next business to complete the request.
Security Deposit
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HUD requires most Section 8 landlords to collect a refundable security deposit from tenants. The security deposit protects the owner in the case that the tenant damages the rental unit. Repairs may be deducted from the security deposit once the tenant vacates the unit; however, normal wear and tear is not an allowable expense. In Los Angeles, landlords must return a security deposit to a tenant within 21 days of move out if there is a balance. California state law does not require the security deposit to be placed in an interest bearing account, but some jurisdictions such as the San Fernando Valley or Santa Monica may require such action.
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References
- County of Los Angeles Department of Consumer Affairs: Discrimination - Retaliation
- County of Los Angeles Department of Consumer Affairs: Landlord Entering Your Unit
- County of Los Angeles Department of Consumer Affairs: Security Deposits
- Department of Housing and Urban Development: Housing Quality Standards (HQS) -- Frequently Asked Questions
- County of Los Angeles Department of Consumer Affairs: Landlord Notices
- Department of Housing and Urban Development: Occupancy Requirements of Subsidized Multifamily Housing Programs (4350.3) - Chapter 6: Lease Requirements and Leasing Activities
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