What Should I Ask Landlord For Settlement Amount

[Theo]

Jurisdiction

California

Hello,
I am new here and have a question. Six months ago my apartment Manager rejected a reasonable accommodation notice from a doctor. The Civil Rights Department has taken my case, and they said I can ask for a settlement at this point. But I don't have a clue on how much money to ask for. How much money should I ask for? I have suffered much emotionally since the time the reasonable accommodation notice was rejected by my Manager six months ago. Thank you.

 

[zddoodah]

Six months ago my apartment Manager rejected a reasonable accommodation notice from a doctor.

What accommodation did you request and why?

I have suffered much emotionally since the time the reasonable accommodation notice was rejected by my Manager six months ago.

How so? Are you still living at the same place? If so, why have you stayed despite having "suffered much emotionally"? If you've stayed, that suggests things aren't all that bad.

But I don't have a clue on how much money to ask for. How much money should I ask for?

Do you have any damages other than the emotional suffering? How much do you want?

 

[adjusterjack]

What accommodation did you request and why?

Yeah, that.

 

[Theo]

Hello, my question here is simple. The Civil Rights Department has accepted my case. I am not being crossed examined in a court room. I couldn't afford to leave. Leaving would make me homeless. At any rate, I received a reasonable accommodation notice to relocate away from my current location, because it is too close to a noisy intersection. Adequate sleep is vital for mental health, as my doctor pointed out in the notice. Plus, the noise causes me too much stress. I don't want to get into all the details, I just need an estimated amount of money to ask for in a settlement (not that my landlord will grant it).

 

[adjusterjack]

Call a moving company. Have them come to your place and give you a price on packing up your stuff and moving it to a new place. Maybe add the security deposit and first month's rent at a quieter place.

Frankly, I think your LL was right in refusing the accommodation. I don't think stress from a noisy intersection is the kind of disability that the Americans With Disabilities Act was contemplating.

Especially since the solution to your problem is a set of earplugs to sleep with.

 

[Theo]

Frankly, I think your LL was right in refusing the accommodation. I don't think stress from a noisy intersection is the kind of disability that the Americans With Disabilities Act was contemplating.

Especially since the solution to your problem is a set of earplugs to sleep with.

Oh, so you think you know better than the Civil Rights Department, the law, and a medical doctor? The law here only allows three reasons for a landlord to reject a reasonable accommodation notice, and the reason my landlord gave did not meet any of the criteria. Also, many years ago in another unit here I received the same reasonable accommodation notice, since I was located in another unit by a busy street, and the Manager at that time granted it. I do use earplugs constantly, the best ones made, but they don't do it. I didn't come here to debate. I am following the instructions of the Civil Rights Department to ask for a settlement.

 

[Zigner]

How can you actually come here and ask a bunch of random strangers from all over the country (plus a few other countries) how much YOU should ask for in the way of a settlement? C'mon.

 

[adjusterjack]

Oh, so you think you know better than the Civil Rights Department, the law, and a medical doctor?

Yes, I do.

The law here only allows three reasons for a landlord to reject a reasonable accommodation notice

Since you know the "law" how about citing me the statute number so I can look it up.

Also, many years ago in another unit here I received the same reasonable accommodation notice, since I was located in another unit by a busy street, and the Manager at that time granted it.

Doesn't mean it will happen again.

I am following the instructions of the Civil Rights Department to ask for a settlement.

OK, I won't argue with you. I'll just repeat what I think you should ask for:

Call a moving company. Have them come to your place and give you a price on packing up your stuff and moving it to a new place. Maybe add the security deposit and first month's rent at a quieter place.

Feel free to come back and report the results.

 

[zddoodah]

The Civil Rights Department has accepted my case.

Meaning what, exactly? The California Civil Rights Department complaint process begins with the filing of the complaint. "When someone files a discrimination complaint, CRD evaluates the facts and decides whether to accept the case for investigation. If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents' responses to complaints and other information and evidence that complainants and respondents submit, among other things. CRD attempts to resolve the dispute in appropriate cases. CRD may also decide to take legal action." The fact that the CRD accepted your case for investigation doesn't mean anything in terms of the merits.

I received a reasonable accommodation notice to relocate away from my current location, because it is too close to a noisy intersection. Adequate sleep is vital for mental health, as my doctor pointed out in the notice.

A reasonable accommodation is available only if you have some sort of disability. The need for adequate sleep isn't a disability, and you knew where the apartment was when you moved in. Does the landlord even have another available apartment that is located away from the intersection?

my question here is simple.

I just need an estimated amount of money to ask for in a settlement

My question was also simple, but you ignored it: Do you have any damages other than the emotional suffering? How much do you want? You don't just make up numbers out of thin air. The amount of a legal settlement needs to have some basis in reality.

Your post does not suggest you're entitled to any money.

The law here only allows three reasons for a landlord to reject a reasonable accommodation notice, and the reason my landlord gave did not meet any of the criteria.

Which law? Please cite the specific code section to which you're referring? What was the reason the landlord gave?

Also, many years ago in another unit here I received the same reasonable accommodation notice, since I was located in another unit by a busy street, and the Manager at that time granted it.

Wait...what? You originally were in a different unit where this same problem existed and then moved to a unit where the problem didn't exist? Then you moved yet again to your current unit where the problem does exist? Why would you do that - especially when you knew this was a potential issue?

 

[Theo]

How can you actually come here and ask a bunch of random strangers from all over the country (plus a few other countries) how much YOU should ask for in the way of a settlement? C'mon.

Good question. I was hoping to hear from a lawyer.

 

[army judge]

, I just need an estimated amount of money to ask for in a settlement (not that my landlord will grant it).

No stranger or internet denizen knows MORE than you do about your current predicament or dilemma.

So, put on your THINKING CAP, start THINKING about your question's solution. In other words, you'll derive that number and pass it along to the other party.

Good luck, citizen.

 

[army judge]

Good question. I was hoping to hear from a lawyer.

That's a start, however, LEGAL ADVICE and/or GUIDANCE can only be derived from an attorney you select and place under retainer. Otherwise, the advice you'll receive is no more than educational or enlightenment material.

 

[Theo]

zddoodah, You don't have enough details about my history and medical history. I'm not here to debate. I only came here to get some suggestions on a settlement amount. My worker at the Civil Rights Department instructed me to ask for a settlement during the mediation process. But since I am bored, I will give the law, which may benefit someone in the future.

The Civil Rights Department took my case on disability discrimination. Disability Discrimination is illegal according to the Fair Housing Act as amended (FHAA) and California's Fair Employment and Housing Act (FEHA). (See 42 U.S.C. & 364 (f); Cal. Gov. Code & 12927 (c). (1). Landlords of subsidized properties are required to grant reasonable accommodation under section 504 of the Rehabilitation Act. (29 U.S.C. & 794). Failure to provide a reasonable accommodation is expressly deemed discrimination under both FHAA and FEHA. (42 U.S.C. & 3604 (f) (3); Cal. Govt. Code & 12927 (c); (Cal. Code Regs., tit. 2., & 12176 (a).). A reasonable accommodation is a change in "rules, practices, policies, or services" that is necessary to afford a tenant with a disability the "equal opportunity to use and enjoy a dwelling." (Id.).

A landlord may only deny the request if the requested accommodation would constitute an undue financial and administration burden, or a fundamental alteration of it's program, or if the accommodation would constitute a direct threat to the health and safety of others, or would cause substantial physical damage to the property of others. (Cal. Code Regs., tit. 2. && 12176(a); 12179(a).).

The denial of reasonable accommodation is a defense to an unlawful detainer. (Cal. Code Regs., tit. 2, && 12176 (c)(8). Therefore, denial of my reasonable accommodation request would constitute disability discrimination and an affirmative defense in an unlawful detainer.

 

[Theo]

No stranger or internet denizen knows MORE than you do about your current predicament or dilemma.

So, put on your THINKING CAP, start THINKING about your question's solution. In other words, you'll derive that number and pass it along to the other party.

Good luck, citizen.

Thanks. My maternal grandfather was also an Army Judge.

 

[adjusterjack]

You don't have enough details about my history and medical history

That's right, we don't.

And without those details there's no way to equate stress from street noise with any kind of dollar amount.

The solution to stress from street noise is to move to a unit further away from the street noise.

What, exactly, did you say to the LL when you asked to be relocated? What did you ask for? Did you ask for him to pay for moving you?

What, exactly, did he say in response? Those words could mean a lot.

Right now, assuming you have a disability recognized by the ADA, the only thing you might be entitled to is the cost to move to a different apartment.

What more do you want? You must have some idea of what you want to get paid for even if you don't have a dollar amount in mind.

 

[zddoodah]

zddoodah, You don't have enough details about my history and medical history.

You're right. And, without details, there's a limit to what I or anyone on an online message board can tell you. You're the one who came here looking for information. To fail/refuse to provide relevant information and then criticize the volunteers is the height of ridiculousness.

I'm not here to debate.

Nor am I.

I only came here to get some suggestions on a settlement amount.

Ok. My suggestion - based on the information you provided - is $23.95.

 

[army judge]

Ok. My suggestion - based on the information you provided - is $23.95.

Really?

Not a bad suggestion, however my Mr. Adrian Monk persona suggests a ROUND, EVEN NUMBER.

I suggest asking for a ten spot, as in ten bucks, or $10.00 (US Dollars)

 

[adjusterjack]

Never mind the money, I still can't get my head around stress from street noise as a "disability."