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What's required to make a space habitable for roommates
Q: I have a new roommate in my San Francisco house. She just informed me that I am legally required to provide her with a phone jack in her room. There are two other phone jacks in the shared areas; I told her upon moving in that she could add one to her room if she paid for it. Is that reasonable?
Also, since it is an old house the outlet plugs are only two prongs. To run her computer she needs a converter, however the hardware store told her it wasn't grounded and in a power surge she could fry her computer. She said that legally I also have to provide a grounded outlet in her room. Is this also true?
Becky
A: Dear Becky: Before I begin my rant, I have a lot to say about screening roommates. In short, it sounds like you did a pretty mediocre job. But for every Felix there is an Oscar, so maybe you two can work out your differences. But certainly, there are better roommates out there, one would think.
That being said, I have two answers to your questions. Pick the one you like better.
You have no obligation to make any changes unless the dwelling is legally deemed to be "unlivable." I would opine that the unit is perfectly livable, even though to make it suitable for your new roommate, it would need some changes.
Here is the legal basis for your roommate's argument (although it does not support her conclusion, you should still know the law, as a landlord).
Each rental unit contains what the law calls an "implied warranty of habitability." This means that the rental unit must be fit for occupation by human beings. If the unit substantially complies with state and local building and health codes that materially affect tenants' health and safety, then it is likely "habitable."
A dwelling might be deemed to be uninhabitable if it lacks any of the following:
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
- Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
- Gas facilities in good working order.
- Heating facilities in good working order.
- An electric system, including lighting, wiring, and equipment, in good working order.
- Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
- Adequate trash receptacles in good repair.
- Floors, stairways, and railings in good repair.
(So you noticed the requirement for "wiring...in good working order"? That doesn't mean a 3-prong outlet, or a voltage regulator, or nuclear-powered backup in case of a black out. It means power. If the outlet is dangerous, like it has earned the nickname "Sparky," then you probably fail the habitability test. But if she has at least one two-prong outlet, you're okay.)
In addition to the above requirements - while we're on the subject - each unit must have the following:
- A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
- A kitchen with a sink that cannot be made of an absorbent material such as wood.
- Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
- Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.
The unit must have at least one telephone jack, but even if you do not provide one, your failure to do so is unlikely to be seen as a violation of the implied warranty of habitability. And when I refer to "unit," I do not mean your roommate's room; I mean "the whole rental." If there is one outlet in her room and one phone jack - somewhere in the rental - you have no further obligations.
Am I done yet? Nope. My second answer: If this is your "house" and she makes the improvements, she is "improving" your house. And both these "improvements" sound like they would improve the value of your dwelling. Why not split the cost with her? After she moves out, you will have the benefit of improved outlets and an extra phone jack. And it will be easier to rent to the next roomie (and perhaps you can charge more to help defray the cost).
Basically, the most important amenity any dwelling can have is peace, and by settling this conflict up front, you'll be setting the tone for conflicts to come. Keep that in mind when dealing with roommates.
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