Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Los Angeles Times - December 14, 2003
Robert J. Bruss, Special to The Times
To reduce his apartment rental cost from $1,545 per month, Giebeler found a one-bedroom apartment for $875 a month at the Park Branham Apartments. His credit is excellent and he paid his rent on time for six years to his former landlord.
But the Park Branham rejected his rental application because the landlord's policy is to require monthly income of at least three times the monthly rent. Giebeler's mother, who has lived nearby in her mortgage-free house for 27 years and has monthly pension income of $3,770.26, offered to rent the apartment in her name for her son or to co-sign his lease.
But the property manager refused the application because of the landlord's policy against co-signers. An attorney for the AIDS Legal Services wrote a letter on behalf of Giebeler to the manager, citing that under the Federal Fair Housing Amendments Act, unlawful discrimination against disabled persons includes refusal to make reasonable accommodations. The landlord's attorney confirmed the rental rejection.
Giebeler then sued the landlord under fair housing and state discrimination laws, alleging disparate impact, intentional discrimination and failure to reasonably accommodate Giebeler's disability by refusing to waive the co-signer policy.
The landlord's attorney responded that the law does not require landlords to make economic policy changes to accommodate disabled applicants.
If you were the judge, would you order the landlord to make a reasonable accommodation?
The judge said yes.
The Federal Fair Housing Amendments Act requires rental property owners to reasonably accommodate a disabled tenant's risk of nonpayment of rent, the judge began. Renting the apartment to Giebeler's mother would assure the landlord of receiving the rent, the judge continued.
Giebeler is not asking for a reduced rent, just a waiver of the landlord's co-signer rule, the judge explained. There is no question his mother has adequate income and excellent credit, the judge said. She would not add to the landlord's rent collection burden, he noted.
Therefore, the landlord is ordered to accept Giebeler's mother either as the primary tenant or as a co-signer, the judge ruled. Landlords must comply with the law by making reasonable economic accommodations for disabled tenant applicants, the judge concluded.
Based on the 2003 U.S. Court of Appeals decision in Giebeler v. M & B Associates, 343 Fed.3d 1143.
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