california rural legal assistance, inc.web sites... · 2/25/2019  · housing/habitability – fair...

California Rural Legal Assistance, Inc.

www.crla.org February 25, 2019

California Healthy Housing Coalition

Who is CRLA?

⚫ CRLA is a non-profit law firm founded in 1966

⚫ CRLA provides legal services at no cost to

qualifying low-income individuals residing in

over 20 California counties, including

Stanislaus County

⚫ CRLA’s mission is to fight for justice and

individual rights alongside the most

exploited communities in our society

Our Work

⚫ Our office conducts advocacy, litigation,

outreach and legal education on the most

pressing issues facing low income

communities:

– Education

– Employment

– Health and Human well being

– Housing

– LGBT Rights

Housing

⚫ We provide education, advocacy, and litigation services to tenants facing various issues including:

– Evictions

– Sub-standard housing/Habitability

– Fair housing/Housing discrimination

– Foreclosure of rental properties

Housing

⚫ Priority Areas:– Tenants in subsidized housing

– Mobilehome/RV park residents

– Employer-provided housing

– Residential hotels

– Tenants in foreclosed properties

– Some fair housing issues

⚫ All Other Issues– Workshops

– Self-help packets

Community Equity Initiative

⚫ CEI works with

unincorporated

communities to address:

– Lack of clean drinking water

– Sewer systems

– Safe parks and roads

– Public transportation

– Leadership development

– Housing Element advocacy

Stanislaus CountyWhere is it?

Stanislaus CountyBy the (estimated) numbers

⚫ 547,000 people in the county

– vs. 10 million in LA county

⚫ 214,000 people in Modesto

– vs. 4 million in the city of Los Angeles

⚫ 16% of the population below the poverty line

– vs. 17.9% in Los Angeles county

Stanislaus County“A rural area with urban problems”

Stanislaus County“A rural area with urban problems”

Common Habitability Issues

Common Habitability Issues

Common Habitability Issues

Common Habitability Issues

Common Habitability Issues

Tenant Protections in Modesto

⚫ Landlord cannot retaliate within 180 days of

protected action by tenant (statewide rule)

⚫ No good cause requirement to evict (except

certain subsidized housing)

– vs. LA—must have good cause to evict if

protected by the RSO

⚫ Theoretical relocation benefits up to 2x fair

market rent

– vs. $20,000 in LA for RSO properties

Tenant Options:Repair and Deduct

⚫ Tenant must do the work themselves or hire

others to do work

⚫ Must give reasonable notice to landlord

⚫ Repair must cost no more than one month’s

rent

Tenant Options: Withhold Rent

⚫ Tenant acting on own—very risky

– vs. LA’s Rent Escrow Account Program (REAP)

⚫ Tenant ideally should give notice to landlord

⚫ Landlord files eviction

⚫ Court decides how much property is worth

⚫ If tenant wins, tenant must pay any extra

amount withheld within 5 days

⚫ If tenant loses, tenant is evicted

Tenant Options: Code Enforcement Complaint

⚫ Risk of being red tagged

– Process differs by jurisdiction

⚫ Risk of landlord retaliation

Tenant Options: Small Claims

⚫ Neither side can have attorney in court

⚫ $10,000 limit

⚫ Must collect judgment

⚫ No injunctive relief

– Court cannot order repairs

Tenant Options: Affirmative Litigation

⚫ Can ask for injunctive relief

⚫ Can ask for property to be managed by a

receiver

⚫ Can take 1-5 years (or more)

⚫ Very difficult to do without an attorney

What can advocates do?

⚫ Tenant organizing

⚫ Legislative advocacy

⚫ Coordinate with other agencies

⚫ Help document

Contact Information

Jessica M. Jewell

Regional Director of Advocacy

Modesto Directing Attorney

(209) 577-3811

California Rural Legal Assistance, Inc.

1111 I Street, Suite 310

Modesto, CA 95354