Floor Furnaces: A Footnote

PG&E is under considerable “heat” [no pun intended] given the California fires. So much so, that they are rumored to be filing for bankruptcy. Perhaps this is why things played out the way they did last weekend when I asked PG&E to inspect the floor furnace in my apartment and turn on the gas and pilot light.

When the PG&E technician entered the apartment, he exclaimed, “Oh my goodness, you have a floor furnace! That means you have a crawl space.”

Says I, “Well, yes, and I can show you where it is and open the crawlspace access door.”

The technician (who was a bit portly) looked at the crawlspace opening in dismay and then took out his measuring tape. He said, “The opening is too small and out of code. If I get stuck, PG&E will have to rescue me.”

He took out his flashlight and showed me the furnace beneath the floor and where the gas valve is. I volunteered to crawl beneath the building to turn on the valve but he warned me against this.

As I saw him walk away with his tool box, I reflected upon a recent advisory from the property management company:

• If you smell gas when you turn your gas heater on (or any gas appliance), or if your CO detector alarm is activated, you need to turn off the appliance, contact PG&E immediately at 1-800-743-5000 and open all windows and doors to ventilate. PG&E will send a technician out immediately to check your gas heater or gas appliance and if need be, turn the gas off until repairs can be made. 

• If you simply need your gas heater pilot light lit, please contact PG&E at 1-800-743-5000 and they will arrange with you to check your heater for safety and re-light the pilot light. This may be the quickest way to get your pilot light lit. 

Heating and Air Conditioning Vendors don’t want the liability to inspect a floor furnace;

PG&E doesn’t relish the idea of their technicians being trapped in a crawl space or the inspection liability; and

And the property owner doesn’t want to invest in a replacement furnace even though he could appeal to the Oakland rent board to pass along the capital improvement costs to the tenants.

Net, net, the property management company should be proactively inspecting any apartments with floor furnaces on an annual basis for they, too, may be liable for negligent repair and inspection.

I’m resorting to my space heater and sweaters to stay warm in the interim and, if it gets too cold, I will arrange for an HVAC vendor to turn on the gas and inspect the furnace. Oy vey!

A Heated Resolution?

Originally from Chicago where old apartments have radiant heat and newer homes have central heat, it wasn’t until I lived in a 50+ year old building in California that I ever heard about "floor furnaces." A floor furnace is a gas furnace installed beneath the floor, that uses a pilot light to heat air. The heated air escapes through a metal grill installed in the floor.

Last winter, I turned on the floor furnace in my living room. Dust, particulate matter, and smoke was “coughed” out by the furnace. Moments later, a combination smoke and carbon monoxide detector belted out an incessant, blaring noise. I disarmed the detector, turned off the furnace, and thinking that this was simply an aberrant occurrence, waited five minutes only to experience the same thing but with another smoke detector being activated.

I called the property management company and asked for a furnace inspection. Two technicians came out, turned off the gas, vacuumed the unit, and remarked that the “inspection cap” was “missing” and that a replacement would need to be found. Given that these furnaces are old and outdated, finding a replacement inspection cap requires some ingenuity by the vendor.

Net, net, due to the issues with the furnace, the vendor recommended that PG&E inspect the furnace for gas leaks. Eventually, the duct work for the furnace was replaced and the vendor asked PG&E to reinspect the furnace. This process took 3-months of inspections, repairs, and re-inspections and I finally had PG&E shut off the gas to the furnace since we were approaching the summer months and since I learned that the pilot light in the furnace is always on and increases the indoor temperature by up to 10 degrees. Since having the gas turned off, the apartment has been far cooler in summer and saved me about $20 per month on my PG&E bill. And, I have covered the grill to prevent dust and debris from falling into the furnace.

But, this was the first time in 5 years that the furnace was ever inspected and it was inspected only upon my request!

In 2007, the California assembly considered a bill to change Cal. Civ. Code section 1941.1 to outlaw floor furnaces using wording as follows:

2007 Proposed Change to Cal. Civ. Code sec. 1941.1.

(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(d) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order. On and after January 1, 2014, a floor furnace as defined in Section 1103.50 or any unvented furnace or heating facility located in the floor of the dwelling shall not be considered as conforming to applicable law.

The bill died later that year and the law currently reads as follows:

Cal. Civ. Code sec. 1941.1.

(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

While replacing all floor furnaces was briefly considered by the legislature, their consideration does point out the possible safety risks with these heating devices. If you have a floor furnace, ask the owner or property manager to conduct a yearly inspection, turn off the gas in summer and have it turned on in winter, or ask PG&E to do the inspection and turn/on off the gas. PG&E will provide you with an inspection report that you can provide to the owner or property manager.

Be sure to cover the grill when the gas is not turned on (summer) and to vacuum out the floor duct before the gas is turned back on (winter). Keep furniture away from the furnace and ensure that the detectors in your apartment will detect carbon monoxide as well as smoke and fire.

Interestingly, after my furnace was inspected, repaired and re-inspected, the owner had  separate smoke and carbon monoxide-detectors installed in every apartment in the building. As well he should since all apartments in my building all have gas furnaces and inspections have been one-offs.

For more about floor furnaces read: http://www.propertyevaluation.net/Tech%20-%20Floor%20Furnace%20-%20CREIA%20Aug%202008.pdf

Be warm but be safe!

How to Help Victims of the California Fires

Click on link here and if you can't afford to give money or food, give blood. Blood donations are down and are accepted by the American  Red Cross and Blood Centers of the Pacific.

Vote "Yes" on Proposition 10!

I enjoy reading posts from other tenant's rights attorneys, one of them being Crow & Rose. Today, they posted their thoughts about Prop 10 and I completely agree. Please click on the link below to learn more about the ballet measure and why you should vote "YES" on Prop 10.

Proposition 10 is about Local Control, Nothing Else

Palo Alto passes 'emergency' law to help renters

Reposting this article about an emergency ordinance passed by the Palo Alto City Council to protect tenants. Please click here to see full report.

How Do YOU Spell Relief?

Following is a Press Release issued by Kamala Harris, U.S. Senator for California:

"Amid Rising Costs of Housing, Harris Introduces Bill to Provide Rent Relief

WASHINGTON, D.C. - With the cost of housing continuing to rise in California and across the country, U.S. Senator Kamala D. Harris today introduced legislation to provide rent relief for working families struggling to pay their bills. The Rent Relief Act would create a new, refundable tax credit to put more money in the pockets of families at a time when renters’ wages have remained stagnant and housing costs have increased rapidly. Harris was joined in the introduction by Senators Dianne Feinstein (D-CA), Richard Blumenthal (D-CT), and Maggie Hassan (D-NH).

“America’s affordable housing crisis has left too many families behind who struggle each month to keep a roof over their head,” said Senator Harris. “This bill will ensure no family is priced out of the basic security of a place to live. Bolstering the economic security of working families would strengthen our country and increase opportunity.”

“This bill would help more than 140,000 low-income Connecticut families struggling to pay rent each month, providing them much needed relief and flexibility to spend on other vital needs like health care and putting the American Dream within closer reach,” said Senator Blumenthal. “For far too many in Connecticut and across the country, rising rents and flat paychecks prevent them from enjoying the basic, fundamental human right to affordable housing.”

“As far too many families scramble to afford the cost of living, we must keep working to find solutions to our affordable housing crisis,” said Senator Hassan. “I’ve heard from businesses across our state that one of their most pressing challenges is a shortage of affordable housing for their prospective employees. This common-sense bill would create a refundable tax credit to help bring relief to families who struggle to afford their rent and expand economic opportunity for hard-working Granite Staters and Americans.”

“The lack of affordable housing is a national emergency,” said Matthew Desmond, Author of “Evicted: Poverty and Profit in the American City. “Senator Harris is bringing heightened awareness to a crisis that’s been ignored for far too long. The Rent Relief Act reflects a strong commitment to ensuring that all Americans have access to a safe and affordable home.”

A report by the National Low Income Housing Coalition illustrates that there is a shortage of 7.4 million affordable rental units for America’s 11.4 million extremely low-income families. According to California’s Department of Housing and Community Development, nearly 1/3 of California renters (3 million California households) are rent burdened, and California has the third highest rents in the country. More than 1.5 million households are severely rent burdened and more Americans than ever are renters. The share of US households that were renters climbed to 35 percent in 2012, up from 31 percent in 2004.

Under Harris’ Rent Relief Act, the refundable tax credit will be available to individuals who live in rental housing and pay more than 30% of their gross income for the taxable year on their rent including utilities. Eligible individuals would qualify for the tax benefit by determining the total amount spent yearly on rent, taking into account the family’s annual income, and a rate of the federal government’s established fair market rent controls.

Individuals who live in government-subsidized rental housing could claim the value of one month’s rent as a refundable tax credit. Subsidized rent is normally capped at 30% of a person’s income, making them eligible for the tax benefit for rent-burdened residents. The Rent Relief Act would give much-needed relief to lower income residents.

The Rent Relief Act is supported by: the National Low Income Housing Coalition, National Alliance to End Homelessness, Fair Housing of California, and the National Housing Law Project

"I applaud Senator Harris for her leadership in introducing this innovative, bold proposal, which would help struggling families who today face impossible choices between paying rent and meeting their other basic needs, including putting groceries on the table and taking care of their health,” said Diane Yentel, President and CEO of the National Low Income Housing Coalition. “A new tax credit for renters - like the one proposed by Senator Harris - could transform lives, providing millions of the lowest income people with the breadth of opportunities that start with an affordable home - opportunities to climb the economic ladder, improve their health, and allow children to do better in school."

“Home is not just where we keep a roof over our heads — it’s where we raise families, become part of a community, and create a lifetime of memories,” said Los Angeles Mayor Eric Garcetti. “It’s also where we want to stay, and Senator Harris’ legislation would help protect millions of families from losing their homes, by expanding benefits and opportunities for people who pay rent every month.”

“Nearly every Oakland resident who pays rent will save money under this law,” said Oakland Mayor Libby Schaaf. “At a time when our city is fighting the displacement of long-time residents, The Rent Relief Act of 2018 will help working class families, artists, senior-aged tenants, and anyone else who struggles to make the rent each month. I’m proud to partner with Sen. Harris to fight California’s cost of living crisis and deliver more affordable housing to all Oaklanders.”

“Thank you to Senator Harris for acting with urgency, thoughtfulness and creativity to help address the housing crisis that is impacting cities throughout California,” said Sacramento Mayor Darrell Steinberg. “This bill would be an important tool to provide real relief for millions of people struggling through no fault of their own.”

“Mayors across the country should applaud Senator Harris’ proactive leadership in addressing the housing crisis impacting millions of renters,” said San Jose Mayor Sam Liccardo. “With the billions in tax subsidies allotted to billionaires through last year’s tax changes, this legislation provides a refreshing contrast for working families who struggle daily.”

“In Stockton, one in two residents will pay over 30% of their income to housing,” said Stockton Mayor Michael Tubbs. “We have seen some of the highest rent increases in the nation, making even finding a place to live a major challenge. It will take solutions from both State and Federal officials, as well as creative improvements locally, to help solve this housing crisis. I am incredibly thankful that Senator Harris is helping to lead the way with the Rent Relief Act.”

For a full list of supportive statements, click here.

Text of the legislation can be found here.

A fact sheet on the bill can be found here.

Bubble, Bubble, I Smell Trouble!

A young professional leased a house with two other professionals. After living together for well over a year, their relationship soured. One of the roommates drank to excess and an argument ensued resulting in a firearm being brandished against the young man. These three young men were all privileged; they came from wealthy homes, attended the best schools and were employed in professional jobs.

The next day, the young man packed up his belongings, rented a truck, and moved home. But, then his troubles with the property management company began.

The lease had two onerous clauses:

1)  A joint and several liability clause; and  

2)  A clause stating that the Lessee consisted of all three tenants.

Here’s how the lease read:

"Lessee acknowledges that this Agreement is between Lessor and each Lessee executing this Agreement jointly and severally, whether or not in actual possession of the Premises. In the event of default by any one, each and every remaining Lessee shall be responsible for full payment of rent and all other provisions of this Agreement."

"The parties to this Agreement are Property Owner, (hereinafter called "Lessor"), and Tenant 1, Tenant 2, and Tenant 3 (hereinafter called "Lessee")."

The lease was for one year and then reverted to a month-to-month term. The young man submitted a 30-day written notice to the Property Manager. But, they would only accept his lease termination after a “Roommate Change Addendum” was signed by all three roommates and, in that addendum, they required the young man to “relinquish” all rights to his security deposit. They further argued that unless and until the Addendum was signed, that they would hold all three men responsible for the rent and any charges and they did not conduct a property inspection after the young man moved out.

The existing roommates refused to sign the Addendum and argued that the young man was responsible for 1/3rd of all charges (rent, utilities, etc.) until they found a new roommate.

The young man’s problems were further compounded by confusion over what he actually paid as a security deposit and what rights his existing roommates had to his deposit. He was able to secure agreement to the actual deposit amount and he argued that his roommates rights to the deposit were controlled by state law (Cal. Civ. Code § 1950.5).

He also argued that a roommate not in possession of the property cannot be held liable in perpetuity for rent. See Schmitt v. Felix, 157 Cal.App.2d 642, 648. 

“Once a cotenant in a month to month tenancy gives notice to the landlord of his termination of the tenancy, he cannot be held liable for his cotenant's remaining in possession. Upon receipt of such notice the landlord is put to the choice of either accepting the cotenant as his tenant alone, or of terminating the tenancy. “[Emphasis added.]

The resolution cost the young man his security deposit less a small refund owed to him and attorneys’ fees.

Relationships between people are not predictable.  And, roommate disputes are common.

• It is always advisable to retain a lawyer to review the lease agreement and, if possible, to negotiate the clauses before signing;

• It is highly advisable to have a written roommate agreement outlining the rent share and share of housing expenses, overnight guests, cleaning responsibilities, and more before moving in together; and

• To always conduct financial transactions with a written paper trail. While Venmo is convenient, be sure that the transactions are clear and never, ever combine a security deposit transaction with a rent payment.

See Sidebar to this Blog concerning Security Deposits and Roommate Agreements.