Legal Question in Landlord & Tenant Law in California

Re: Screaming kids in apartment building

Your question poses a conflict of rights: your right to an accommodation by the landlord of your condition, assuming that it qualifies as a "disability," and the right of families with children to rent on the same terms as others. Both rights are protected by fair housing laws.

The landlord has a duty to make "reasonable" accommodations which are "necessary" to allow a disabled person to use and enjoy the residence and other facilities on the same basis as people without disabilities. The landlord also has a duty not to discriminate against families with children. Any rules directed specifically against children will likely violate this duty.

If the landlord has rules against excessive noise which the children are violating, you can ask him to enforce those rules. If there are no rules, you can ask him to stop the noise, but not to get rid of them or their families. Since children do tend to make noise, I expect a landlord would have limited success in quieting them.

My best suggestion is for you to find out if the city or other local government where you live offers a tenant mediation service. Sometimes these are also provided by private organizations, like Project Sentinel. If you have a chance to discuss your problem with the parents of the screaming kids with the help of a trained mediator, you may be able to improve the situation.