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TENANT WITH OXYGEN TANK

Los Angeles, CA |

WE OWN A 9 UNIT OLDER RENT CONTROL BUILDING. THE BUILDING IS WOOD
CONSTRUCTION WITH SHINGLE ROOF. MY HUSBAND KEEPS IT WELL MAINTAINED.
WE HAVE OWNED THE BUILDING FOR 30 YEARS WITH NO PROBLES.
WE ARE CONSIDERING A HUD APPLICANT, 60 YEARS OLD WITH BREATHING PROBLEMS AND HEART CONDITION. CAN WE LEGALLY ASK HER IF SHE IS ON AN
OXYGEN TANK. CAN WE REFUSE TO RENT TO HER. wE DO NOT HAVE FIRE INSURANCE ON THE BUILDING. EVEN THOUGH NO SMOKING SIGNS ARE POSTED
IN THE BUILDING, WE CANNOT CONTROL EVERY THING THAT GOES ON THERE.
THANKS FOR ANY ADVICE.

Attorney Answers 2

Posted

I would say this probably violate the Housing Act but check with the Department of Fair Employment and Housing and see what their position is. You might also check the American with Disabilities Act.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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Posted

I believe that you may face a discrimination action for discrimination in renting and violations of the Unruh Act and FEHA.

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