On Housing Access, My Battle in Paradise
Published on June 11, 2024
Shayla had always dreamed of finding a cozy apartment in the City of Alameda. Its tree-lined streets and quiet charm had always appealed to her. But due to the astronomical rise in rental prices, combined with stagnating wages, Shayla was struggling to find a rental within her budget. Fortunately, she had just received her Section 8 voucher, so she was still feeling optimistic.
After a diligent search, Shayla managed to find an apartment that was within her budget and conveniently located near her place of work. Better still, the ad stated there would be an open house the following afternoon, offering potential renters the opportunity to view the property.
The next day Shayla arrived at the property, cautiously excited as she appeared to be the only applicant. The landlord, Andreas, greeted her warmly and invited her in. Having seen the home and spoken with Andreas, Shayla was certain this was the home for her. She asked for a rental application and began to fill it out on the spot. Andreas was excited and went to gather the leasing paperwork.
As Shayla filled out the application, she informed Andreas that she would reach out to Section 8 and ask them to set up a time to inspect the property. At that moment, Shayla could see his face twist. Andreas said that Section 8 applications are difficult to deal with and are very time-consuming, and that he will continue showing the property to other applicants - and nothing is final. This was confusing for Shayla, as moments prior he was ready to sign the lease.
After two weeks of waiting, Shayla called Andreas to ask about the status of her application. He told her that while he would love to lease to her, her credit score is much too low so he will be unable to do so. Dubious, Shayla called the City Attorney’s Office to ask for help.
This case raises two different legal issues for Shayla. First, it’s illegal in the City of Alameda for a property owner to discriminate in any way based on an applicant’s source of income. That means there can’t be any different treatment of applicants using government vouchers to help pay rent. Andreas’s sudden change when he learned about Shayla’s voucher was a red flag of possible discrimination.
Second, under a new California law (SB 267), owners can’t reject a section 8 applicant based on their credit score, without giving the applicant a chance to prove their ability to pay with other evidence.
The City Attorney’s Office investigated Shayla’s case and advised Andreas of his legal duties. He rented the apartment to Shayla after she was able to show that she was more than able to pay the rent, despite a not-perfect credit score.
It’s important for property owners and managers to stay up to date on local and state laws that cover rental properties in the City of Alameda.
If you have a question about the law or a complaint in the City of Alameda, contact us at 510-747-4775, or email rfenix@alamedacityattorney.org. The Alameda City Attorney’s Prosecution and Public Rights Unit enforces the law and educates the public on issues including tenants’ rights, workers’ rights, and consumer protection.
(The names and facts have been changed, but this story is similar to cases we have handled.)