Tenant Parking Rights Violation
Summary
The user, a tenant in California, is facing issues with her property management over parking rights. Despite fulfilling all requirements stated in the lease, she is denied parking inside the complex. She suspects discrimination as other tenants were not asked to provide the same documents. She also raised concerns about illegal towing practices by the maintenance staff. The user was advised to consider filing complaints with the California Department of Fair Employment and Housing, the California Department of Real Estate, and the California Bureau of Automotive Repair. She was also advised to seek legal advice and consider contacting a local tenant rights organization.Full Conversation
My rental contract reads"alehicles
I'm sorry, ****, but your message seems incomplete. Could you please clarify the issue you're having with your rental contract?
My rental contract reads ". . . Vehicles must be licensed registered and insured. . . " In order to park inside in the tenant parking area. MY truck IS licensed registered and insured. The lease doesn't say a word about the tenant or driver. I was denied parking inside. One of the staff tried to tell me that they are the same to everyone. They are no. One neighbor never had to show them her license. Another neighbor never showed his license or provided proof of insurance and he parked inside. Just two examples...there's more. Yet I'm told if I park inside the maintenance guy, josh, will call s tow truck and have my truck towed. Breach of contract, discrimination?
Did you receive any written notice or explanation from the management about why you were denied parking inside?
No they seldom put anything on paper. But the calling for a tow truck is very real. Hes had several cars towed from here as well as off the street and from the vacant lot next door that they say is city owned. The tax assessor says that the apts own it. I checked. All yows from here have been illegal.... Sign at ONEentrance ,)there are two gates although one is kept locked) and second one has no required signage. The sign up front doesn't provide me and phone for west sac pd nor the tow company they use. Illegal tows.
Have you tried discussing this issue with the property management or the landlord?
Not really. They lie and twist stuff.
What state are you in? This will help me provide you with the most accurate information regarding tenant rights and parking regulations.
CA
What is the exact location of your rental property in California? This will help me provide you with the most accurate information regarding local tenant rights and parking regulations.
* west capitol Ave west Sacramento CA ,*. It's a mercy housing complex.
What is the exact wording in your lease regarding parking? This will help determine if there has been a breach of contract.
Hang on. Thumbing thru lease
What does the lease say about the parking rules and regulations?
"parking of resident vehicles is allowed follows. Resident cars in a building parking lot must be registered with Management, be I working condition, have proof of insurance and have a current registration. Otherwise they will be towed at the owners expense."
Have you provided all the required documents (proof of insurance, current registration) to the management?
Yes I have.
What is the management's reason for denying you parking inside, despite you fulfilling all the requirements stated in the lease?
That I don't have a license. But they have not asked other people in the complex for their !incense. At least twonthatbo know of
What is the reason you don't have a license?
DMV sent me a letter in Feb of * that the action they had taken against me in Aug of * was being set aside because it had been illegal because of legislation passed in January of *. But any outstanding tickets other than dmvs action I had to take care of before DMV would release my license tor. Well, the tickets I have are as a result of DMV suspending my license wrongfully. I had a letter from DMV but the director of project roomkry threw my things off the balcony and into trash when I was exited from the program. The letter from DMV and other important papers were destroyed along with personal property. DMV won't look for their copy of that letter and to nr honest I haven't had the energy or time to devote to sending forms to judges, getting a hold of the section of DMV that should be able to get me a copy of letter. (Which I know I need to do). But other people have not had to provide any of this and they are allowed to park inside.
Have you considered seeking legal advice to help you retrieve the DMV letter and handle the outstanding tickets?
I e been without any income until recently. Yes I have considered it and want to do so soon as finances permit. The legal aid up here doesn't do a lot of different things, especially since COVID
What steps have you taken to resolve the issue with the property management or the landlord?
None really. I argued I provided the asked for on my truck but they adamantly day I have to provide a driver's license now too. Technically, Other people could drive me. I've had property stolen from my truck parked outside as well as the truck itself and the catalytic converter stolen while parked outside the fence.
Have you considered filing a complaint with the California Department of Fair Employment and Housing for potential discrimination?
Didn't know who to file it with. What about breach of contract and bad faith towing. I believe the maintenance guy may be getting kickbacks for every car he gets towed. Either hat or he pulled wings off flies ssca boy and gets joy from depriving ex homeless people of their transportation.
Have you documented instances of other tenants not being asked for their driver's license? This could be useful evidence of discriminatory practices.
Other than verbal conversations? No not yet.
Have you considered contacting a local tenant rights organization for advice and possible representation? They might be able to help you navigate this situation.
You're the first. I've been told I need a section ,* attorney as opposed to simply a tenants rights atty because rules differ for section *
What is the name of the property management company or landlord you're dealing with?
Mercy housing
What is the name of the property management company or landlord you're dealing with?
Mercy housing. They put their own property mgmt people in here with only a very loosely crafted set of parameters they have to abide by. Other than that the mgmt st the mercy housing locations can do ss they please smf str the last word. I don't even know if they've gone to school and are verified licensed property management. I know that despite what is on our lease regarding return of security deposits, I don't know of anyone who got sn itemized statement including receipts detailing why they did not get any of their deposit back. They all received a verbal " the cost of repairs exceeded the smt of your deposit.". Again nothing in writing. Dealing with homeless people, people with mental health or substandard educational issues and who take what they're told without challenging it or who have been told not to rock the boat and they MAY consider not pulling their housing voucher and allow these folks to be able to relax care into another subsidized housing unit.
Have you considered filing a complaint with the California Department of Real Estate against the property management for potential breach of contract and discrimination?
No I didn't even know there was a dept like that. THANK YOU!!!
What is the name of the tow company they use? This information could be useful if you decide to file a complaint against them for illegal towing practices.
Im not positive but I think it sierra towing is one. Not sure if they use multiple tow companies or not.
Have you kept any records or evidence of the illegal towing incidents? This could be useful in a potential legal case.
Only that I've talked to my neighbors. Fortunately I've been able to escape the tow truck this far. I have s sticker saying my truck was going to be towed and the date of tow was the same date as warning was issued and the time of tow says "now".
Have you considered filing a complaint with the California Bureau of Automotive Repair against the towing company for potential illegal practices?
No. I figured they were responded ng to being called although they should be aware of the signage issues and the laws on towing from private property. Huh?
Have you considered contacting the California Department of Consumer Affairs to report the illegal towing practices? They can investigate and potentially take action against the towing company.
Again, THANK YOU!!! I would love to see them have to replace all the vehicles and hey have essentially stolen from my neighbors.
What is the name of the maintenance guy who is allegedly calling for the illegal tows?
Josh. No Last name known.
Do you have any evidence or witnesses that can confirm Josh's involvement in the illegal towing?
Oh yeah. Everyone just about who lives here. I think hesu have scribbled a signature on the notice on my window. I'll have to check.
Can you provide any photographic evidence of the notice on your window, especially if it has Josh's signature? This could be crucial in proving your case.
Yeah
What is the name of the towing company that Josh is allegedly working with?
I think it's sierra tow but I'm not positive.
Can you provide any evidence or documentation that shows Sierra Tow is the company involved in the towing incidents?
Not unless the people whose vehicles have been snatched remember or have something mailed to them that they've kept. There's a daily incident log that's kept though that should contain mention of towed vehicles. It contains info when someone has a banned visitor. Yeah our visitors are censored also. "Management request" is listed as the reason * percent of the names are on the 'bsnnrd' list. Most of the time no one has a clue they were banned until all of a sudden they get denied enterance st the front gate. This place is more like a mental ward. Or jail than a housing complex
What is the name of the towing company that is allegedly involved in these illegal tows?
Sierra
What is the contact information for Sierra Towing? This could be useful if you decide to file a complaint against them for illegal towing practices.
I've no idea
You can find Sierra Towing's contact information online or in a local directory. It's important to have this information if you decide to file a complaint against them.
I'll look it up
Thank you. You've been very helpful.
You're welcome, ****. If you need further assistance, feel free to reach out. Remember, it's important to consult with a legal professional for advice tailored to your situation.
I've saved the number. Thank you so very much.
I'm glad I could help, ****. If you have any more questions or need further assistance, don't hesitate to contact us. Good luck with your situation.
Thanks. I have s feeling besides informing myself going to need all the luck I can get. But I'm down for s good fight and hate injustices. Bye for now.
Based on your situation, you may want to consider filing a complaint with the California Department of Fair Employment and Housing for potential discrimination. Also, consult with a legal professional for advice tailored to your situation.