Two neighboring tenants have been lodging repeated complaints about each other involving noise, shared spaces, and alleged harassment. Their respective accounts of what is happening differ. When does a neighbor dispute become the housing provider’s responsibility, and what steps should I take to address it?
The short answer is that these disputes immediately become your responsibility. The absolute worst tact you can take is to ignore the situation. Indeed, many tenant lawsuits emanate out of indifference to a neighbor versus neighbor battle. Accordingly, get involved promptly.
But do not take sides. Rather, open and invite an interactive dialogue amongst the two warring factions. The SFAA Residential Tenancy Agreement provides some guidance in its House Rules section as to what path each party is encouraged to pursue:
“Building occupants are expected to cooperate with each other in resolution of any disputes between them and shall be required to use the services of a local dispute resolution service if they are having difficulty at dispute resolution on their own. The failure or refusal of an occupant to use a resolution service shall be an admission that the occupant failing or refusing to use a resolution service is the wrongdoer in the dispute with the other Building occupant. Landlord’s participation with a resolution service or attendance at any meeting or mediation at a resolution service shall be voluntary and not compulsory.”
In most instances, start with letters to both sides. The letter should explain the nature of the complaints each neighbor is asserting against the other and invite the residents to either talk amongst themselves to resolve these disputes or, if that fails, to engage a third-party mediation service. Two such organizations are often utilized.
The first is the San Francisco Rent Board free mediation venue, where a Rent Board Administrative Law Judge will assist both camps in efforts to resolve the conflict. The
Rent Board website summarizes this procedure as follows:
“The ADR program is for mediation of any housing-related conflicts in San Francisco. Housing issues outside the Rent Ordinance can be addressed (for example, we can help resolve disputes involving neighbors, roommates, security deposit claims, etc.) … All parties to the mediation must agree to participate in the ADR Session prior to making the request to the Rent Board, but no supporting documents or evidence is required. If you are interested, you must file a Request for Alternative Dispute Resolution (ADR) form [https://www.sf.gov/information–alternative-dispute-resolution-adr].”
The second is Community Boards located at 601 Van Ness Avenue. Community Boards provides similar mediation sessions. Specifically:
“Founded in 1976, Community Boards operates the longest-running nonprofit conflict resolution and restorative justice services: mediation, conflict coaching, circles, facilitation, and trainings. Mediations are provided in Spanish, Mandarin, Cantonese, or English [https://communityboards.org/].”
Offer both options to your feuding residents, and if they are parties to the SFAA Residential Tenancy Agreement, reference the House Rules section that highlights their obligation to use the services of a local dispute resolution organization should they be unable to work through these problems directly between themselves.
If these efforts fall flat because either one or both parties refuse to meaningfully mediate, contact legal counsel promptly. Resist taking sides or issuing ultimatums until you have thoroughly vetted the situation with an attorney. Again, the court files are replete with litigation against housing providers by disgruntled tenants claiming that the owner either did nothing to diffuse the hostilities and/or unfairly took sides and favored one resident against the other. Hence, be prepared to formally push for mediation and, if that fails, plan to actively monitor the ongoing feud with the assistance of legal counsel.