Does Venice house fall under rent control? That depends

Question: How can I find out if the Venice house I’ve rented for the last five years is under rent control?

Answer: Venice is a part of the city of Los Angeles, which has a rent control ordinance. Nevertheless, there’s a good chance that the home you rent is not covered.

Single-family homes are exempt unless more than one dwelling unit is on the lot. In other words, if your house has separate rental units for you and other tenants, or there is another house on the lot, it is covered by the ordinance.

However, your rental house may be exempt from the ordinance if its first certificate of occupancy was issued after Oct. 1, 1978, because it is defined as new construction in accordance with the rule.

Other exemptions may also apply: government-owned housing, substantial renovation (this exemption was discontinued for renovations occurring after Oct. 4, 1989) or luxury housing.

To find out from the city whether your house is covered by the rent law, call (866) 557-7368. Due to the high volume of calls received on Mondays and Fridays, the city Housing Department recommends that you call on a Tuesday, Wednesday or Thursday.

Credit risk justifies the higher rent

Question: I found an apartment renting for $990. My former spouse ruined my credit, and I knew I wouldn’t qualify for the apartment, so I asked my sister to move in with me. The management company said we would have to pay 10% more because of my bad credit and because two people would be occupying the apartment. Is this legal?

Answer: What the management company has done may be legal, but it may not be wise. Financial institutions regularly charge higher interest rates for loans made to those with bad credit, so there is precedent and some logic to asking you to pay a higher rent.

However, the management company could face problems over charging more rent for an additional occupant. It’s OK to charge market rates for a vacant apartment, but charging higher rent for more occupants may be seen as discrimination against families. That can lead to a discrimination lawsuit.

Subletters want out; can they go?

Question: My daughter and her friend moved into a two-bedroom apartment with another couple, who were the original tenants. My daughter and her friend did not sign the landlord’s lease because their being there might have led to a rent increase.

Now, after a few months, they realize they are not compatible with the other couple and want to move out. The original couple drew up their own one-year lease, which the girls signed. Are they legally bound by this lease?

Answer: Your daughter and her friend may be bound by the agreement signed with the original tenants, who are functioning as their landlords, even though they did not sign anything with the actual owner of the building.

Tenants can and do sometimes sublet. However, they usually do it with the owner’s permission, which is the preferred way.

You may want to have your daughter review the lease with a real estate attorney.

It may be invalid if it is so poorly drawn up as to be unenforceable.

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Kevin Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Send letters to [email protected], or mail them to Apartment Age, Kevin Postema, 621 S. Westmoreland Ave., L.A., CA 90005.