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Landlords Face Megan's Law Dilemma
Landlords Cannot Refuse Renting To Sex Offenders But Must Protect Tenants
POSTED: 4:32 pm PDT March 15, 2010
UPDATED: 8:01 am PDT March 16, 2010
SAN DIEGO -- The Chelsea King case has raised questions about where registered sex offenders can and should live, but 10News learned many local apartment owners say the state is not helping them at all.Apartment owners are not required to check the Megan's Law Web site to see if prospective or current tenants are on the database. They said even if they do check, their hands are tied.It's a question that has gotten new attention following the deaths of Chelsea King and Amber Dubois: What can apartment owners do about registered sex offenders?"Apartment owners are in a Catch-22 situation," said Bob Pinnegar, Executive Director of the San Diego County Apartment Association.Pinnegar pointed out that landlords legally cannot use the information on the Megan's Law Web site to evict registered sex offenders or deny them from renting an apartment. On the other hand, landlords can be held liable for not protecting tenants from a known risk."Your duty is to protect the residents, but the state has not given us the tools to protect residents in the case of sex offenders," Pinnegar said.Just last Thursday, a man showed up at an apartment complex in El Cajon, identified himself as a registered sex offender and asked if he could rent an apartment. The manager contacted Candace Fabin, the leasing administrator for the apartment owner. She did some research, and the first thing she did was contact the state Consumer Affairs Department."They were not able to help me at all; they put me on hold, checked with their legal advisors. They could not give me any assistance," said Fabin.The apartment building has what are called "persons at risk," like teenage girls and children. After consulting an attorney, the landlord decided not to rent to the registered sex offender. Fabin said this is an example of how the state provides no clear guidelines."Here we have Megan's Law that isn't a law at all. It says on the one hand persons at risk are protected, but there's nothing to protect them," said Fabin.She and Pinnegar said apartment owners want clarity from the state about what they should do."We owe it to Chelsea King; she wanted to make the world better. Let's make it better for her," said Fabin.
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