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