mercredi 27 avril 2016

Disabilities and Accommodation: No Deadbolt and Other Violations

My question involves landlord-tenant law in the State of: CA

I am a recent survivor of domestic violence and there is a RO and CPO in place. I am also diagnosed with PTSD and OCD. 6 months ago I had my apartment switched because of the Violence Against Women Act. In the past few weeks I have found my door unlocked when coming home. When I mentioned it to the management office I was told that the doors are notoriously easy to open and I can pay $300 if I want a deadbolt. They refused to check cameras.

I am already behind in lawyer fees related to the DV and custody so I asked if I could get it free because of VAWA. They said they already accommodated that (now I also had a separate reasonable accommodation request approved based a disability but they refuse to honor that because it was the former manager). So I asked a social worker for help. He was going to write a check to pay for the dead bolt and the office said no. I had to pay myself. No check from an agency would be accepted. I contacted MHAP (mental health advocacy project) and was informed that in ca it's illegal to charge rent on an apartment with no dead bolt.

I have been a tenant here for 5 years although I did move apartments 6 months ago. I have never been in violation of my lease or late on rent. I have never been a problem. The DV occured in the home of my batterer. No one has deadbolts. It is low income housing and there is a number of frequent break ins and we also have the highest number of police activity in the city.

I am afraid for myself and my daughter. All I wanted was then to take my social workers check but now I found out this about locks. What can I do? I'm afraid of being evicted if I push it and I can not afford any other housing. There are no waitlist open for other buildings.

There is also a recent edition of a smoking area located in the parking garage. It is underneath my apartment. My daughter and I can not breath. They are smoking both marijauna and cigarettes. It is a non-smoking building. I have asthma and now my daughter is coughing as well. Is it legal for them to have a smoking area in a non smoking building? They said they needed allow the smokers inside after complaints by the neighborhood about loitering. Although it has been posted for over 5 years do not apply if you are a smoker.

Also my daughter has started physical therapy for a gross motor skill delay. My apt is too small for her. It holds a twin bed and a mini pack and play which serves as her bed, with a 1 foot walkway left. No kitchen or bedroom. That was why I had the reasonable accommodation request approved 2 years ago when pregnant. So she could have a crib. We used to have a gym but they converted that to an unused office. The Dr says she needs to walk in a area where she can not hold walls or furniture. The common room is the only place left since we are no longer allowed to use the area outside the building (they say her playing outdoors is loitering). I was informed she can not walk around the common area because people with anxiety do not like it. I am on anxiety meds. How does her walking around cause problems for people with the same condition as me. I have a Dr note saying she needs to be provided space to walk. I take her 4 days a week to public places but on rainy days I have to stay home. I can not drive because of my disability. I'm not asking for our gym back. Just that she be allowed to walk around. If they would honor the approval for a larger apt it wouldn't be an issue.


Disabilities and Accommodation: No Deadbolt and Other Violations

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