Tenant-Landlord Training
Gibson Dunn
Jeanne MerinoJoyce SongCommunity Legal Services in East Palo Alto
Overview of Training CLSEPA Intake Sessions
Goals Mechanics
During the Tenancy Habitability Rent Fair Housing Odds and Ends
Ending the Tenancy With and Without Cause Process Security Deposits
Goals Goals of CLSEPA Housing Law
Practice Maintain and increase decent, safe, and
affordable housing for low-income people on the Peninsula, with a focus on East Palo Alto;
Work with tenants to increase knowledge of their rights, and develop and refine problem-solving skills;
Work with tenants to keep them in their homes and smooth their transition to new homes.
Timeline of Development in EPA
1983: EPA Incorporated as a city 1989: Passes parcel tax 1987-93: Pursues plan to bring Adobe HQ 1988-90: Pursues plan to bring Sun campus 1992: “Murder capital” 1995: Parcel tax struck down in court 1995: Passes plan for Ravenswood 101 1997: Passes plan for University Circle 2000: Whiskey Gulch torn down 2012: California eliminates Redevelopment
Agencies
1960 Census East Palo
Alto
White 72.0%
Black 22.0%
All Other 6.0%
White
Black
Other
1970 Census East Palo
Alto Bay Area
White 34.0% 86.4%
Black 61.0% 7.9%
Indian 0.3% 0.4%
Japanese 1.9% 1.1%
Chinese 1.0% 2.1%
Filipino 1.5% 1.2%
All Other 0.6% 0.9%
WhiteBlackIndianJapaneseChineseFilipinoAll Other
2010 Census East Palo
AltoBay Area
White 6% 42%
Black 16% 6%
American Indian 0% 0%
Asian 4% 23%
Pacific Islander 7% 1%
Other Races 2% 4%
Hispanic or Latino 64% 24%
WhiteBlackAmerican IndianAsianPacific IslanderOtherHispanic or Latino
Goals of Housing Intake Clinics
To efficiently assist individual clients to resolve their housing problems;
To resolve housing problems before they get too unwieldy, and keep people in their homes;
To provide a venue for lawyers, legal assistance, and clients to strategize about how to reach client’s goals;
To leverage CLSEPA’s resources
Mechanics: Intake Meet a half hour before clients come
to review issues – but be flexible for unexpected changes!
Interview-Consult with Attorney-Return to client to determine process going forward
Post-interview All interviewers will write an intake
memo Most interviewers will write a demand
letter Other follow-up possible
Mechanics: Interview Purposes
Determine housing problem and client’s goals
Get information Establish good working relationship Don’t give any advice without checking
with attorney! Bring pen & paper for interview Bring laptop for research (and drafting)
Interview Process Start with Explanation of the Process
Who you are (non-lawyer supervised by lawyers)
All ethical obligations of an attorney No charge We will figure out at the end what we can
help with Paperwork
Conflict’s check, intake sheet, brief services form
Get the client’s story Consult with Attorney Make copies of everything! Originals
stay with client Decide what we can help with
During the Tenancy
Rent Increases and other Changes in Terms
Habitability Fair Housing Odds and Ends
How much rent can LL charge?
Initial rent is market-driven No limitations under EPA Rent
Ordinance for initial rent (vacancy decontrol)
But new tenant in EPA is protected by rent stabilization (without regard to what prior tenant paid)
RentLandlords must give written
receipt!!!Civil Code Section 1499
Rent Increases in EPA Limitations under Rent Stabilization
Ordinance Landlords not exempt must register Vacancy decontrol Administrative Board establishes AGA
(around 2%) Landlords can “bank” increases for 3
years Only one increase per year No more than 10% in a 12-month period Does not apply to single family homes
Rent Increases Outside of EPA
Landlord must wait until the end of the term of tenancy (i.e. yearlong lease)
No limit per year 30-days notice if rent is increased
10% or less 60-days notice if rent is increased
more than 10% Civil Code Section 1013(a) Exceptions: Section 8 tenancies, mobile
home tenancies, floating tenancies
Source of Habitability Obligation
Warranty of Habitability at Common Law
Statutes and RegulationsProvision of the Rental
ContractRent Stabilization Ordinance
in EPATort Liability
Statutes and Regulations Landlord obligated to put
premises into a condition fit for residential occupation and to repair all conditions that render the unit untenantable. But tenant is obligated to repair damages caused by herself, children, guests.
Cannot be waived.Civil Code Section 1941.
What is “untenantable”? Failure to provide effective: weatherproofing, electricity, plumbing and gas, heating, hot and cold water, stairways, floors and railings, working locks on doors and windows, smoke and carbon monoxide detectors. Premises free of rodents, vermin and lead hazards.
Cal. Civil Code Section 1941.1 and Health and Safety Code Section 17920.3 and Calif Code of Regulations Section 1 et seq.
EPA Rent OrdinanceFailure to Maintain Premises
Decrease in Services (broader than statutory requirements)
Can result in a downward rent adjustment until the problem is fixed EPA Rent Stabilization Ordinance,
Section 18 (Passed June 2010)
Remedies for Habitability Issues
If emergency, call fire department, PG&E, Code Enforcement of City and County Environmental Health
Non-emergencies . . . Written request to repair (verbal
okay but not ideal) Inspection Repair and Deduct Tenant’s Petition for Rent
Adjustment (EPA) Small Claims/Superior Court Action Administrative Process with Code
Enforcement
Repair and Deduct Risky! Only for problems that affect the
“tenantability” Notice required, + “reasonable time
to repair” 30 days presumed reasonable Maximum of one month’s rent each
time right is exercised Only twice in a 12-month period
Civil Code Section 1942
Fair Housing Protected Classes
Race Religion National origin/ancestry Sex ( including sexual harassment) Sexual Orientation Family/Marital Status Children Age Source of Income
Source of Right Federal Fair Housing Act Federal Fair Housing Amendments
Act Cal FEHA Unruh Act Local Ordinance
Odds and Ends Landlord’s right of access
Civil Code Section 1954 Changing Terms of Tenancy
Civil Code Section 827(a)
Terminating the Tenancy East Palo Alto RSO requires good
cause for eviction In non-good cause jurisdictions,
without cause, after initial term of tenancy, written notice: 30 days (if tenancy of less than a year) 60 days (if tenancy of more than a year)
60-day notice (mobile home) 90-day notice for Section 8
Grounds for Eviction Outside of EPA, no grounds needed
if proper notice (but not retaliatory) 90-day for eviction due to
foreclosure (not EPA) 3-day notice (in alternative if breach
can be cured) Non-Payment of Rent Notice to Cure Covenant or Quit Incurable breach
Assignment/sublet contrary to lease provision
Commission of waste, nuisance, dealing drugs
No Landlord Self-Help File lawsuit in court to evict –
usually an Unlawful Detainer Notice alone does not give landlord
the right to force out tenant Landlord can’t change locks, move
out personal property, turn off utilities, etc.
Statutory damages of $100 per day for self-help eviction.
What is an Unlawful Detainer?
Expedited action for possession of premises – 3 to 5 weeks
Priority in setting for trialPossession is the only issue
Eviction by sheriff by writ after Judgment entered and writ issued
Anatomy of a UDNotice to quit
Landlord Files/Serves Summons and Complaint
Tenant Files Answer/Other Response or Tenant Does Nothing
LL files Memo to Set Case for Trial LL obtains default
T files Counter-Memorandum
Trial: set within 8-20 days of LL memo
Judgment for Tenant Judgment for LL Writ of Possession
Sheriff posts Notice to Vacate
T files for stay of eviction
Defending the Eviction
Deny the statements in the Complaint (judicial form) (general and special denials) No breach Rent paid; LL would not accept rent
Establish an affirmative defense Implied Warranty of Habitability (for
nonpayment cases) Retaliation (for 30 or 60 day notice) Discrimination Equitable defenses (such as waiver)
Security DepositsLandlord must return within
21 days of end of tenancyLandlord can deduct for
unpaid rent or damaged caused by tenant other than ordinary wear and tear
Landlord must give itemization of deductions and receipts for work
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