Q & A with Prop West

Q) On a two story apartment building can an owner restrict children from not occupying the top floors?

A) Policies that designate certain buildings as "family units" and others as "adult units," or restricting children to ground floors or end units are illegal. The law dictates that all rental units in California must be made available to families with children. Policies that differentiate between children and adults are prohibited.


Q) Can an owner refuse prospective tenants due to the fact they are receiving federal or state subsidies?

A) The purpose of income qualifications is to ensure that the tenant will be able to pay the rent. The source of the tenant's income may not be used as part of the selection process, and the income qualification policy must be applied equally to all residents. Under no circumstances can income qualifications be used to exclude welfare recipients, minorities, or any other class of persons. As such, provided the source of income is legal, it doesn't matter where the money comes from, so long as they have it.

(take from Apartment Management Magazines October 2008)