California Rural Legal Assistance, Inc. February 25, 2019 www.crla.org 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 County Where is it?
Stanislaus County By 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
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