RENT WATCH™
Contact Person: Martin Eichner (408) 720-9888, ext. 16
QUESTION: I am a student at a University and live on campus. Over the summer I have been trying to arrange a living situation where my best friend and I share a dorm room. The problem is I am a girl and my best friend in a boy. The university says that they do not allow mixed-gender dorms. Isn’t that discrimination?
ANSWER: The federal and state fair housing laws generally do not apply to post-secondary educational institutions. Whether by legislative intent or practical application, neither the U.S. Department of Housing and Urban Development (HUD), or the California Department of Fair Employment and Housing will accept complaints about colleges or universities providing single sex housing. The California’s Fair Employment and Housing Act states that if the institute of education has housing segregated by sex, it must provide equal housing for both sexes. Please do not hesitate to contact your local fair housing agency or Project Sentinel at 888-FAIRHOUsing (888-324-7468) for more information
Question: I recently participated in a mediation held by the local volunteer mediator program. The issue was $650 of my security deposit withheld by my landlord. The landlord and I met for two hours but could not reach an agreement on whether I was owed a larger refund, because we disagreed on whether I damaged the carpet. I now plan to file a case in small claims court for the refund, but I saw the landlord taking notes during the mediation and wonder if he can use those notes in court. Also, I had photos that I used in the mediation to show the condition of the carpet. Can I use these photos in court? I have these questions because I was told that the mediation was confidential.
Answer: Mediation confidentiality in California is governed by California Evidence Code Sections 1115 through 1128.
In summary, statements made during the mediation process by any party to the mediation cannot be used in court. The “process” includes initial “case development” discussions with the mediation program staff as well as any statements made during the actual mediation. The same rule applies to written communication sent to the mediation staff, and notes prepared for mediation or taken during the mediation. Also, the mediator cannot be called as a witness by any party to the mediation to testify about what happened during the mediation. On the other hand, pre-existing documents, such as rental agreements or photos taken prior to the mediation, can be used in court even if they were discussed during the mediation, because they were not created specifically for the mediation. If you had reached a written agreement during the mediation, you and the other party had a choice on whether it should be confidential. You and the other party could have elected to make the agreement non-confidential, or even admissible in court, or else you could have elected to treat it as confidential.
