As the coronavirus pandemic sweeps across the Bay Area, public health officials are urging residents to stay home. But that’s raising concerns for residents of one apartment complex in San Jose.
The community manager of the Vendome Place Apartments sent a letter to tenants on Tuesday asking residents to notify them if anyone at their address is infected with coronavirus or suspected to have the disease. After this news organization inquired about the letter on Wednesday, the company sent a follow up note Thursday morning telling tenants it had been sent out by mistake.
“During this extremely difficult situation caused by the novel coronavirus (COVID-19), Current Management Associates is concerned for the health and safety of our residents, colleagues, and community,” the community manager, Cindy Latu, wrote in the original notice. “In an effort to mitigate the spread of COVID-19, we are requesting that all residents report cases at their leased property to us so we can facilitate appropriate steps to avoid a cluster of cases and to prevent further transmission.”
The letter, sent via email, went on to specify that residents should provide not only the property address, but the number of people affected, the result of any COVID-19 test and other information.
“By working together, we can maintain a cleaner and safer environment for all of our residents, staff, and employees during this uncertain time,” the notice concluded.
Except, said two attorneys who reviewed the letter, that wasn’t legal.
“If you’re not a medical professional, there is no reason for you to know that information,” said Navneet Grewal, legal counsel for Disability Rights California, a civil rights group. “There’s no obligation to respond to something like this.”
On Thursday morning, Current Management sent a follow-up letter to residents saying the initial letter “was circulated to residential tenants by mistake. Current Management primarily manages commercial buildings in Santa Clara County and sent this letter to ensure that tenants and management are working together to prevent the spread of further transmission for the coronavirus. The notice should not have been sent to the residents at Vendome Place and we apologize for any confusion that this has caused.”
In an email, the company’s vice president of real estate, Jared Gamelin, said, “As Vendome Place is our only large residential property, Vendome was included as a recipient amongst our commercial tenants. Please understand this was a mistake. Everyone is doing their best to navigate these uncharted waters. Above all, we are highly concerned about the health and safety of all our residents and tenants and would never intend to violate anyone’s privacy.”
According to Grewal, the Unruh Civil Rights Act protects people from discrimination based on medical condition. And California’s guide for tenants and landlords says landlords can’t ask about medical conditions.
While San Jose and other cities have moved to pass eviction moratoriums during the coronavirus outbreak, the letters still left some residents uneasy.
“It’s really intimidating as a resident,” said one tenant, who did not want to be named for fear of retribution. The tenant did not believe the company’s statement that the original letter was sent in error. “They got caught.”
