Santa Monica Daily Press, April 12, 2010

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MONDAY, APRIL 12, 2010

Volume 9 Issue 130

Santa Monica Daily Press DEFENDING BIG MAC SEE PAGE 13

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Ruling: Landlords don’t have to accept Section 8 tenants BY KEVIN HERRERA Editor in Chief

DOWNTOWN In what was hailed as a victory for landlords, a state appellate court ruled recently that property owners have the right to not accept Section 8 vouchers from lowincome tenants. The ruling stems from a case filed by an elderly Santa Monica widow who tried to use her Section 8 voucher to remain in an apartment owned by Los Angeles Clippers’ owner Donald Sterling, who recently agreed to pay nearly $3 million after settling a hous-

ing discrimination lawsuit brought by the federal government. Section 8 is a part of the United States Housing act and provides low-income residents and their families financial aid, covering 70 percent of a tenant’s rent . “This is a fairly significant case,” for landlords, said attorney Karen K. McCay with the law firm of Pahl & McCay, which joined the case on behalf of the California Apartment Association. “While we are a big supporter of the Section 8 program, it does have some restrictions on property owners. It should be voluntary. That was how it was designed.”

In the last few years, however, there has been a debate about whether or not a landlord’s decision to not accept Section 8 vouchers, and therefore not rent to low-income tenants, is an act of discrimination. Under the state Fair Employment and Housing Act, landlords cannot discriminate based on a person’s source of income a well as their race, religion or sexual orientation. Sources of income could include welfare checks, and alimony and child support payments. Advocates for low-income tenants say there is a growing trend amongst landlords to flatly refuse to rent to anyone on Section

8, and some have blatantly tried to evict those tenants who are because the owner no longer wants to participate in the program. McCay said there are benefits for landlords in Section 8, such as 70 percent of the rent being guaranteed each month. Tenants have to abide by certain rules to remain in the program. However, landlords must prepare more paperwork and allow inspections. “This is about property rights,” McCay said. SEE RULING PAGE 10

Study: Schools near traffic face increased student asthma risk THE ASSOCIATED PRESS

SERIOUS CAUSE

Brandon Wise brandonw@smdp.com Singers Karen Benjamin (center left) and Charles Lane (center right) perform in front of a sold-out crowd during the 'Healing for Haiti' benefit concert at the Edye Second Space at the Santa Monica College Performing Arts Center on Friday night.

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LOS ANGELES Children at schools in hightraffic areas had a 45 percent increased risk of developing asthma, according to new research published Saturday. The University of Southern California study found that kids’ exposure to pollution at locations where they spend much of their day and may engage in physical activity influences their asthma risk. “While residential traffic-related pollution has been associated with asthma, there has been little study of the effects of traffic exposure at school on new onset asthma,” said Rob McConnell, professor of preventive medicine at USC’s Keck School. The findings were based on a model that took into account traffic volume, distance to major roadways from home and school and local weather conditions in 13 communities. Researchers found 120 cases of new asthma. The risk associated with traffic-related pollution exposure at schools was almost as high as residential exposure. McConnell said despite a state law that prohibits schools from being built within 500 feet of a freeway, many Southern California campuses are located near hightraffic areas, including busy surface streets. The study was published in the journal Environmental Health Perspectives.

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