Need help! Landlord says no Dishes!!
- Thread starter AppliedAggression
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Ultimately if you want to fight this you're going to have to be prepared to file a Petition for Declaratory Ruling with the FCC. The FCC will then send a letter to the landlord, telling them they are investigating the matter, and ordering them not to proceed with any action against you under they are done. After completing this, they will then issue a Ruling on whether or not the landlord's restrictions are legal or not (it sounds like they are not).
There are instructions on the FCC site on how to do this; they are not too difficult.
It seems the landlord doesn't realize that, even though they own the property, they cannot lease it out under any conditions they please, if these conditions violate Federal law. It's not much different them having them decide that they would rather not rent to minorities; that pesky 1964 Civil Rights Act you know.
After the FCC issued the Ruling, you would have a powerful weapon in a lawsuit against the landlord were they to hassle you further.
And oh, this FCC Rule, mandated by the 1996 Telecomm. Act, is specifically targeted to prevent the type of cushy Landlord/Cable Co. culusion exampled above.
There are instructions on the FCC site on how to do this; they are not too difficult.
It seems the landlord doesn't realize that, even though they own the property, they cannot lease it out under any conditions they please, if these conditions violate Federal law. It's not much different them having them decide that they would rather not rent to minorities; that pesky 1964 Civil Rights Act you know.
After the FCC issued the Ruling, you would have a powerful weapon in a lawsuit against the landlord were they to hassle you further.
And oh, this FCC Rule, mandated by the 1996 Telecomm. Act, is specifically targeted to prevent the type of cushy Landlord/Cable Co. culusion exampled above.
I can't stand apartment landlords! I'm glad you fought back. I wish everyone would.
I'm waiting to get a nasty letter from my homeowner's association board about my OTA antenna that is mounted above my dish and its about 8 feet off the ground. It's on my personally paid for and owned fence.
I would never ever get into an apartment that wouldn't allow dishes. Like I said before, I have asked and the ones that told me they wouldn't allow them even with the FCC ruling I told them thanks for their time but I wouldn't be renting from them.
Did the landlord finally get in big trouble for telling the other tenants no after the fact?
I'm waiting to get a nasty letter from my homeowner's association board about my OTA antenna that is mounted above my dish and its about 8 feet off the ground. It's on my personally paid for and owned fence.
I would never ever get into an apartment that wouldn't allow dishes. Like I said before, I have asked and the ones that told me they wouldn't allow them even with the FCC ruling I told them thanks for their time but I wouldn't be renting from them.
Did the landlord finally get in big trouble for telling the other tenants no after the fact?
Indeed that was a great story.
My complex is huge, maybe about 100 apartments. I think my main bet is to just stay out of it myself and contact the FCC and tell them my landlord will not allow my dish regardless of what the FCC says. They could then contact their company, which I believe it is, they owe a few apartment complexes and I will hopefully stay out of it and will be informed later on that my dish can go up according to guidelines.
Thanks for all the information.
My complex is huge, maybe about 100 apartments. I think my main bet is to just stay out of it myself and contact the FCC and tell them my landlord will not allow my dish regardless of what the FCC says. They could then contact their company, which I believe it is, they owe a few apartment complexes and I will hopefully stay out of it and will be informed later on that my dish can go up according to guidelines.
Thanks for all the information.
Neutron said:
No most of it was settled outside of court... however I moved out before anything big happened (i stopped installing D* and got a desk job) my new landlord didnt have a problem with it... when i asked him about it he actually got dish for himself... I havent seen/talked to my old landlord since i gave him my 30 days notice. I do hope he got in trouble... He was a pompus Ass
Sneakey
Look at this site,Get some patio chairs,table,andhttp://www.clearsat.com/product.htm --your set.
Look at this site,Get some patio chairs,table,andhttp://www.clearsat.com/product.htm --your set.
I'd say that most people do not know what their rights are regarding satellite dishes being allowed at apartments, houses, etc.
I called the company the apartments are owned and managed by the other day. I had to leave a message sinc ethey were out to lunch. A couple hours after leaving a detailed message I received a voicemail from the manager from my apartment. She suddenly changed her tone and was extremely nice, telling me that we can discuss this and for me to call her back at my earliest convenience.
When I called her she told me that all that want is a sketch of how I want to put the satellite up. I'm assuming they'll match it up to FCC's guidelines and go from there. Looks like I'll be having satellite soon enough, although honestly I have to say I thought I'd miss TV more than I have in the last couple weeks. With a only a few fuzzy stations to watch, I've probably watch less than a couple hours in the last few weeks.
I watched the tech chat at my parents house today actually, and heard someone mention a new receivers in the fall, he then mentioned HD... I assume the 942, but are there any plans for a new SD DVR possibly?
Here's the sketch I submitted to my apartment management.
When I called her she told me that all that want is a sketch of how I want to put the satellite up. I'm assuming they'll match it up to FCC's guidelines and go from there. Looks like I'll be having satellite soon enough, although honestly I have to say I thought I'd miss TV more than I have in the last couple weeks. With a only a few fuzzy stations to watch, I've probably watch less than a couple hours in the last few weeks.
I watched the tech chat at my parents house today actually, and heard someone mention a new receivers in the fall, he then mentioned HD... I assume the 942, but are there any plans for a new SD DVR possibly?
Here's the sketch I submitted to my apartment management.
OH MY GOD!!
I finally had enough, I called the corporate that owns my apartment complex and spoke to the property manager there. She got back to me and once again, said no no no, no satellite dishes! I called her back and gave her the direct number to the Q/A FCC. IT has been over a week and no returned called, when she said it'd only be a day or two. I called today and she was in a "meeting". The receptionist told me see put it through to the legal department. Ok, now I'm getting more upset, she's not doing what I told her and obviously doesn't care. I call the FCC to file a complaint.
NOW GET THIS!!!
I'm talking to this lady at the FCC and she's like, did you sign a lease that said you can't have satellite dishes? Well... yeah it was in the lease, w hich I had to sign if I wanted to live here. She says ok let me check if it overrides the lease... No sorry, it does not over ride the lease. I'm like whaaaaat?! What the point of the ruling then. I tell her to hang on while I go read the fact sheet. I come backa nd start telling ehr it says right there that it does... she starts getting mad, I just checked with a manager and it does not override the lease, I don't need to argue with you. I ask to speak with her manager right away. She comes on the line and is nice. I tell her what I'm reading in the fact sheet. She denies it at first then tells me to hold on. Finally she comes back and says, yeah it does over ride the lease!!! I thought so, I end up saying....
Can you believe even a manager at the FCC Q/A did not even know the proper ruling?!!? I can't get over this. I'm now filing a complaint with my apartment complex. I can't call these guys pricks since they're mostly nice, but they don't give a crap about what I and probably anyone says. They listen, then do their own thing. I'm fighting this to the end....
I'll definitely keep this updated..
I finally had enough, I called the corporate that owns my apartment complex and spoke to the property manager there. She got back to me and once again, said no no no, no satellite dishes! I called her back and gave her the direct number to the Q/A FCC. IT has been over a week and no returned called, when she said it'd only be a day or two. I called today and she was in a "meeting". The receptionist told me see put it through to the legal department. Ok, now I'm getting more upset, she's not doing what I told her and obviously doesn't care. I call the FCC to file a complaint.
NOW GET THIS!!!
I'm talking to this lady at the FCC and she's like, did you sign a lease that said you can't have satellite dishes? Well... yeah it was in the lease, w hich I had to sign if I wanted to live here. She says ok let me check if it overrides the lease... No sorry, it does not over ride the lease. I'm like whaaaaat?! What the point of the ruling then. I tell her to hang on while I go read the fact sheet. I come backa nd start telling ehr it says right there that it does... she starts getting mad, I just checked with a manager and it does not override the lease, I don't need to argue with you. I ask to speak with her manager right away. She comes on the line and is nice. I tell her what I'm reading in the fact sheet. She denies it at first then tells me to hold on. Finally she comes back and says, yeah it does over ride the lease!!! I thought so, I end up saying....
Can you believe even a manager at the FCC Q/A did not even know the proper ruling?!!? I can't get over this. I'm now filing a complaint with my apartment complex. I can't call these guys pricks since they're mostly nice, but they don't give a crap about what I and probably anyone says. They listen, then do their own thing. I'm fighting this to the end....
I'll definitely keep this updated..
I was wondering if you actually signed a lease agreeing not to put up a dish if you could over ride it. I would assume that now days if a complex doesn't want dishes they merely make it a condition of the lease. Sucks but their point is that you don't have to live there if you don't like the lease conditions. Glad I don't have to deal with the apartment thing (hopefully!) any time in the near future!
I think you misunderstood what I wrote, the FCC ruling overrides the lease, but the ppl at the FCC were confused and at first said that it didn't. My heart sank when they said it didn't override a lease, but I feel good now. 
federal law always supercedes a lease or agreement. just because it's in a contract does not mean it's valid.
In a leaseholder situation the owner CAN deny placement of a dish attached to Their Structure as YOU the Viewer are not the property owner. But they cannot restrict you from using your "Exclusive Use Area" i.e. a temporary patio mount.
I have a lot of info regarding OTARD which is the FCC ruling...I fought my HOA awhile back regarding this. I have already worked with the FCC and have files/documents of the wazhoo, everything from the rulings to congressional transcripts.
Attached is document 1$4000 which is most relevant to residential applications.
Jason
Find attachment here.
I have a lot of info regarding OTARD which is the FCC ruling...I fought my HOA awhile back regarding this. I have already worked with the FCC and have files/documents of the wazhoo, everything from the rulings to congressional transcripts.
Attached is document 1$4000 which is most relevant to residential applications.
Jason
Find attachment here.
Actually, in most States, the good ones for consumers like NY and CA, you cannot sign ANY of your legal rights away. IOW, if the lease says you promise not have black friends visit, or engage in homosexual activity, or install a satellite dish in an exclusive use area, it is unenforcable.Neutron said:
GaryPen said:
Now that is a very good law. How do the states actually document this? Because, like Gary said, then the complexes would try to violate rights such as no black, or gays, or right wing Christians, etc. allow on the grounds.
I don't remember where the documation lies. I've had instances in both NY and CA regarding both tenant and labor law. In both states, in both legal areas, lawyers advised me of the fact that you cann not sign away your legal rights.
For instance, a clause in a non-disclosure/non-compete agreement that states that you can not work at another job in the same field for some period of time after leaving this job is simply unenforcable. They cannot deny you the ability to make a living in your field of endevour. It's the same as signing something agreeing to less than the legal minimum wage. These are basic rights and legal protections that cannot be signed away.
For instance, a clause in a non-disclosure/non-compete agreement that states that you can not work at another job in the same field for some period of time after leaving this job is simply unenforcable. They cannot deny you the ability to make a living in your field of endevour. It's the same as signing something agreeing to less than the legal minimum wage. These are basic rights and legal protections that cannot be signed away.
Legal issues aside, good luck keeping a 20" dish mounted onto a 7 foot poll stable. That is a very large lever and even a moderate gust of wind will blow it over. I would strongly suggest on some type of diagonal bracing. A bucket of concrete isn't going to cut it.
