15. What is the maximum amount a landlord can
charge for a security deposit?
For an unfurnished apartment, the maximum security deposit a landlord
can charge is an amount equal to two months rent. For a furnished apartment,
the maximum security deposit a landlord can charge is an amount equal
to three months rent. Note, the fact that landlord provides a refrigerator
and cook stove does NOT make an apartment a “furnished”
apartment.
16. Can a tenant who is moving require that
the landlord apply the security deposit towards the last month’s
rent?
No. The landlord is NOT required to apply the security deposit towards
the last month’s rent. The landlord has no obligation to do anything
with the security deposit until the tenant moves. This same rule applies
even if landlord is the one terminating the tenancy (asking the tenant
to move).
17. How long does a landlord have to return
a security deposit?
Within twenty-one (21) days of the date that a tenant vacates a unit,
a landlord must either return the security deposit or provide tenant
with an itemized statement indicating the amounts withheld and the basis
therefore.
18. What can a tenant do if a former landlord refuses to return a security
deposit?
If a landlord refuses to return a security deposit, a tenant’s
only option is to file a lawsuit against the landlord. Generally, when
the security deposit does not exceed $5,000.00, a tenant can sue in
small claims court.
19. If a tenant receives a 3-Day Notice to
Pay Rent or Quit, and fails to pay that rent during the 3 day period,
does landlord have to accept the rent if tenant offers it after 3 days?
No. If a tenant does not pay rent within 3 days of receiving a Notice
to Pay Rent or Quit, landlord does not have to accept the late-offered
rent and instead can evict the tenant. This rule applies even if tenant’s
apartment is covered by rent control/eviction controls.
20. Does a landlord need a reason to evict a tenant?
Under general California law, a landlord does NOT need a reason to
evict a tenant; a landlord can evict a tenant for any reason or for
no reason. However, landlord cannot evict a tenant for a discriminatory
reason, such as because of a tenant’s race, color, sex, sexual
orientation, or disability. In addition, a landlord cannot evict a tenant
to retaliate against the tenant for reporting problems in the unit to
a government agency. Finally, IF a unit is covered by a local rent control,
a landlord can only evict a tenant for a reason listed in the rent control
law, such as the landlord wants to live in the unit.
21. If the landlord files an eviction action
(lawsuit) against the tenant, how long will it be before the tenant
is actually evicted?
How long it takes for an eviction action to proceed depends on how
fast the landlord works and how busy the Court and Sheriff are. After
the landlord files a lawsuit against the tenant, it is generally about
a month before the Sheriff comes to the unit to remove the tenant.
22. If a tenant wants to move, how much notice
must he/she give to the landlord?
Unless the lease provides otherwise, a tenant must give a landlord
30 days advanced written notice before moving.
23. When and under what circumstances can
a landlord enter a tenant’s unit?
Except in an emergency (such as a water pipe breaks), a landlord can
only enter a unit after giving “reasonable notice” and then
only during normal business hours. Common reasons that a landlord would
need to enter a unit are to inspect the unit, to make needed repairs,
or to show the unit to prospective tenants.
24. If a tenant makes improvements to a unit,
can he/she require that landlord pay for those improvement when the
tenant moves out?
Unless the landlord agrees in writing that he/she will pay for said
improvements, the landlord does not have to pay the tenant for those
improvements even if those improvements increase the value of the landlord’s
property.
25. If I am HIV+, doesn’t that mean
I am automatically eligible for disability benefits?
Not necessarily. Being HIV+ is not enough for eligibility for benefits
either under the California MediCal program, or under the federal Social
Security disability program. It is necessary to show that as a result
of your HIV / AIDS, your ability to perform normal daily activities
has changed significantly, even if you’ve never been hospitalized
due to severe symptoms of HIV / AIDS.
I have received a Social Security disability denial letter. My neighbor
is on benefits, and he goes out partying every night. This is not fair.
Social Security has a 5-step assessment of each person’s medical
condition, which they must complete before they can approve or deny
the application for benefits. Remember that not everyone’s condition
is a visible disability: someone with a defective heart valve can be
just as disabled, under Social Security’s rules, as someone who
is missing a leg or someone who has had multiple AIDS opportunistic
infections. If you receive a letter, denying a MediCal or Social Security
benefits claim, it is important that you file a written appeal –
and you may have to file that appeal in as few as 60 calendar days from
the date stamped on your denial notice. Call HALSA’s Intake Line:
213-637-1690 for a referral or an appointment with the benefits attorney,
to get help filing an appeal.
26. I get Long Term Disability (LTD) benefits
from my old employer’s plan. Do I still need to apply for Social
Security disability benefits?
Yes. Most employer-provided LTD plans actually require that you apply
for Social Security disability benefits. A failure or refusal to apply
for Social Security disability benefits can result in a significant
reduction of monthly LTD benefits. If you are approved, your LTD benefits
are reduced. If you are denied, your LTD benefits do not terminate automatically,
but the LTD carrier may decide to re-evaluate your case and try to conclude
that medically, you are not disabled any longer. Please note that if
your Social Security benefits are approved, with retroactive money,
that money must be turned over to the LTD carrier. Failure to turn over
retroactive Social Security benefits to the LTD carrier can result in
an overpayment of LTD benefits – and the LTD carrier may stop
paying any money to you, until that overpayment has been repaid.
27. I have been on Social Security disability
benefits for several years. I want to go back to work. Do I have to
tell Social Security?
YES. Someone who has received Social Security Disability Insurance (SSDI)
benefits may be eligible to return to work under the Trial Work Program,
which can allow that person to work for a total of 12 months (and they
do not have to be 12 months in a row), collecting a paycheck AND collecting
SSDI checks. It is very important, however, that the person tell Social
Security as soon as possible, if s/he returns to work. At the end of
the 12 months, the SSDI checks should stop. If the checks continue,
it may be a mistake, and if the person cashes those additional checks,
the person may be ordered to repay that money, or Social Security will
intercept the person’s income tax refund, and resort to other
collection methods, to get that overpaid money returned. If, within
3 years of returning to work, that person is unable to continue working,
that person re-applies for SSDI benefits, and should automatically get
the SSDI benefits reinstated. For more information about the Trial Work
Period and your possible eligibility, please call the HALSA Intake Line:
213-637-1690 for a referral or an intake with the benefits attorney.
28. I am on Supplemental Security Income (SSI).
Can I return to work?
The Trial Work Program is available ONLY to persons on the Social Security
Disability Insurance (SSDI) program. If the person receives SSI and
attempts to work, any income from work which is over $800 in a single
month can cause Social Security to reduce the SSI check, to re-evaluate
the person’s medical disability, or both.
29. I have AIDS. Social Security is re-evaluating
my medical disability, claiming I now can return to work. What do I
do?
In 1997, Social Security issued an internal order, which directed the
agency to stop the Continuing Disability Review (CDR) process for anyone
who was approved, in 1991 or later, for disability benefits because
of HIV / AIDS. Not everyone with HIV / AIDS who has been approved since
1991, however, was approved because of the HIV / AIDS condition. Some
were approved because of severe mental health disorders, some were approved
because of Hepatitis or another severe medical condition, and some were
approved simply because the person was unable to sustain work, due to
all of their medical conditions (considered together). If you have received
a notice of CDR, it is important that you call HALSA’s Intake
Line: 213-637-1690 for an intake with the benefits attorney, or for
a referral. You may have to submit new medical information, you may
have to complete new “daily activity” questionnaires, and
you may even have to file a written appeal. Sometimes, you are required
to file these papers in as few as TEN (10) calendar days, or your checks
stop until the CDR is concluded.
30. I am on Supplemental Security Income (SSI).
My friend just left me $10,000 in his will. Do I have to tell Social
Security? Does this money affect my eligibility for benefits?
YES. And YES. When someone receives SSI, that person always must prove
s/he has limited financial resources. Any gifts of money will be considered
“income” for the month in which the money is received. If
the money is not spent within the month it is received, it will be considered
a “non-exempt asset” for any subsequent month. Social Security
has very complicated rules about what is considered “income”
and what is considered an “exempt” or a “non-exempt
asset.” Please call HALSA’s Intake Line: 213-637-1690,
for an appointment with the benefits attorney or a referral, for detailed
information about these SSI eligibility rules. The person receiving
the $10,000 inheritance may be required to return the SSI check for
the month that inheritance money actually is received, and if the money
is not “spent down” within the month, that person may have
to return additional checks. If, however, the person’s inheritance
was not cash, but a burial plot, a new car, a house which the person
wants to live in, a sofa, a TV, or similar “household item,”
it probably will be considered an “exempt asset,” and there
would be no reduction in SSI benefits.
31. What is “Presumptive” disability?
Someone who applies for Supplemental Security Income (SSI) may be eligible
for benefits checks before the entire medical claim has been evaluated.
Normally, Presumptive SSI is available to persons who have medical records
from a hospitalization for an opportunistic infection. Contact the HALSA
Intake Line: 213-637-1690, if you want to apply for SSI and you believe
you are eligible for Presumptive SSI benefits.
32. My Supplemental Security Income (SSI)
or Social Security Disability Insurance (SSDI) application has been
denied. What do I do?
You have the right to file several appeals in a specific sequence. The
denial notice describes what appeal must be filed next: it may be a
Request for Reconsideration or a Request for Hearing by Administrative
Law Judge. Please call 213-637-1690 for a referral or an appointment
with the benefits attorney.
33. My benefits stopped – Social Security
says there is a felony warrant for my arrest. I don’t have any
warrants. How do I get my benefits turned back on?
The Fugitive Felon laws actually were part of President Clinton’s
Welfare Reform Act, but it took Social Security several years to implement
this. As of 2005, these laws apply to Social Security Disability Insurance
(SSDI) as well as Supplemental Security Income (SSI). In order for these
laws to apply, Social Security must prove that the person actually was
fleeing, to avoid prosecution for a felony. If the person never left
town, s/he probably is not “fleeing,” but s/he may still
have to file a written appeal, to get the SSI / SSDI benefits reinstated.
Many clients are told that they have a warrant in another state. In
some cases, it will be necessary to travel to that other state, in order
to get the warrant cleared, since most people cannot afford to hire
a criminal defense attorney in another state, to do this work for them.
HALSA CANNOT ADVISE OR REPRESENT ANYONE IN A CRIMINAL CASE. In some
cases, the warrant already has been cleared. That person would have
to submit written verification to Social Security that the warrant is
cleared, in order to get the benefits reinstated. Finally, in many cases,
if the warrant is old, not only are the SSI / SSDI benefits stopped,
but the person may have been ordered to repay several years of back
benefits. That person may have to file a written appeal, to ask that
repayment of the back SSI / SSDI benefits be waived. If your SSI / SSDI
checks have stopped, or if you have received a notice that you have
an outstanding criminal warrant, please call the HALSA Intake Line:
213-637-1690 immediately.
34. How will my HIV status affect my ability to apply for naturalization/citizenship?
There is no requirement that legal permanent residents applying to naturalize must take a medical exam, nor is there a ban on people who are HIV positive becoming citizens. However, there are other requirements that legal permanent residents must meet to become naturalized citizens. Be sure to speak with an immigration attorney before applying for citizenship.
35. If I have applied for adjustment of status through a family based petition will I need a qualifying relative to apply for the HIV waiver (I-601 waiver)?
Yes. The Department of Homeland Security (DHS) has complete discretion over whether to grant HIV waiver applications. The Immigration and Nationality Act section 212(g) provides for a waiver of the HIV exclusion for clients who are eligible for lawful permanent residence and who also have a waiver-qualifying family relationship. Note that the family relationships that qualify a person for an HIV waiver are more limited than for a family based petition qualifying relative. Therefore, a person who may be otherwise eligible for family sponsored permanent residence but excludable due to his or her HIV status and ineligible for a waiver of the ground of exclusion.
36. Can I obtain a work permit if I am living in the US undocumented?
Yes you may obtain an employment authorization document only if you are eligible to receive one.
Who is Eligible?
- The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
- If you are a U.S. citizen, you do not need an Employment Authorization Document.
- If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
- If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) prove that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.
37. What is a "public charge" and how will it affect my ability to become a legal permanent resident?
Any undocumented person who is or is likely to be dependent on the government for cash support or long-term care is considered a "public charge". Under the law, an undocumented person seeking admission or adjustment of status for permanent residency is inadmissible if the alien is likely to become a public charge. Some examples of a public charge are cash public assistance for income maintenance (e.g. SSI, TANF) or long-term institutionalization care at government expense ( e.g., Medical, nursing home or mental institution) Although the public charge laws affect most immigrants in the country there are some immigrants including Amerasians, Cubans under the Cuban Adjustment Act, Nicaraguans under the Nicaraguan Adjustment and Central American Relief Act, Haitians under the Haitian Refugee Immigration Fairness Act and applicants under the INA§ 249. To find out if you would be considered a public charge for immigration purposes please see an immigration attorney.