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Author: Courtney McKinney

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Western Center Roundup – July 2022

A Summer of Advocacy: Protecting Tenants & Securing Budget Wins


Judge orders CA HCD to stop denying Emergency Rental Assistance until further review

Last month, we told you about our second lawsuit against California’s Department of Housing and Community Development (HCD) on behalf of tenant groups over the lack of transparency and due process for applicants to the state’s COVID-19 Emergency Rental Assistance Program (ERAP). This month brought good news for California tenants in need of assistance in the form of a court injunction ordering HCD to stop denials for rental assistance applications until the court can determine if HCD’s process meets constitutional due process standards.

In the meantime, HCD can continue to approve applications to get assistance to those who need it, but they cannot deny pending applications. Tenants with pending ERAP applications or applications the court decision might make eligible for appeal should continue to contact HCD and fight eviction attempts. We will keep you posted as the process continues, but for now, we are celebrating with a sigh of relief.


Protecting Californians from housing price-gouging after disaster 

The Sacramento team is gearing up for the end of the legislative session in August, which includes pushing for the passage of this year’s Western Center sponsored bills as well as making sure harmful bills don’t pass. Western Center housing policy advocate Tina Rosales has her eye on a problematic bill, SB 1133, that would undo decades of price-gouging protections during disasters and green light landlords who would capitalize on emergencies by hiking rents.

Tina wrote a blog post outlining the spate of problems with the bill and calls on readers to help stop price gouging after disaster by contacting state legislators to urge their NO vote on SB 1133.


California Assembly Holds Inaugural Select Committee on Poverty & Economic Inclusion Hearing  

Western Center and community groups were honored to join conveners Assemblymember Isaac Bryan and EPIC (Ending Poverty in California) for a powerful event centered on shaping California’s roadmap to ending poverty. Western Center’s Director of Policy, Mike Herald provided committee testimony addressing the high costs of being poor, tackling the State’s burdensome CalWORKs requirements and unjust interception of child support that should be benefitting low-income families on CalWORKs. You can read more from EPIC’s Executive Director, Former Stockton Mayor Michael Tubbs on the organizing and policy work to secure this year’s historic antipoverty investments in the State budget and watch a video of the hearing and rally.


Save the Date: 8/15 at 12PM Meet the Advocates Webinar 

Join us for a free webinar focused on Senate Bill 972 and the advocacy efforts to support California’s street food vendors by removing barriers to accessing food vending permits. Community organizers and policy advocates will lead a discussion on food justice, highlighting street vendors’ role in expanding access to healthy food in California’s food deserts and beyond. REGISTER HERE.


Final 2022-23 California Budget 

Finally, in case you missed it, we published Western Center’s overview of the final 2022-23 California Budget at the tail end of June. You can read it here!


 

CA lawmakers consider ending disaster price-gouging protections as high prices squeeze Californians

In the last several years, California has experienced devastating wildfires, extreme drought, a deadly pandemic, and the worst methane leak in U.S. history, among other emergencies. Unfortunately, some California landlords see opportunity in disaster. For example, after the 2015 methane leak in Aliso Canyon, landlords charged victims up to $9000 for temporary shelter. After the 2017 North Bay fires, landlords increased rents for victims by up to 36%.

Disasters aren’t new for California, but against the state’s worsening housing crisis, the importance of accessible, stable housing after disaster is clear.

The passage of AB 2820 and AB 1919 in California was meant to stop blatantly predatory conduct after disaster and strengthen protections for victims of price gouging in emergencies. Now, a few years and natural disasters later, those protections are under attack via a bill currently moving through the state legislature, SB 1133 (Archuleta). SB 1133 will undo decades of price gouging protections for Californians at a time when the state is reeling from both natural and man-made disasters and gives a green light to unscrupulous landlords to prey upon victims of emergencies by increasing rents above the allowable 10% during declarations of emergency. California can’t afford for SB 1133 to become law.

SB 1133 seeks to eliminate housing from the anti-price gouging protections in Penal Code Section 396, which is a provision of law used by advocates across the state to prevent excessive rent increases for disaster victims. When I was a tenant attorney in Los Angeles, I once relied on those anti-price gouging protections for housing to prevent unjustified and excessive rent increases for a building full of elders after a corporate landlord purchased their building. When the building sold, the new owner quickly increased rents by over 60% for everyone there, many of whom were disabled elders and all of whom already spent between 30%-40% of their limited fixed incomes on rent. The rent increases would have forced them out of their homes — the only law that kept them housed was the anti-price gouging protections for housing in PC Section 396.

Proponents of SB 1133 claim that businesses are unfairly subject to unjust punishment because of PC Section 396. However, landlords who price gouge are hardly prosecuted under this section. For example, landlords increased rent by up to 36% after the 2017 North Bay fires, which scorched more than 200,000 acres of land and forced 90,000 people to evacuate their homes. Even though the Sonoma County District attorney’s office investigated over 220 complaints of price gouging, they only filed four criminal cases against the most egregious actors, and the Attorney General only filed one criminal case. Meanwhile, people were forced to live among the toxic smoke of their burnt homes because they couldn’t afford a home to rent. SB 1133 isn’t about addressing unjust prosecution; it’s about money and creating opportunity for profit, even when the opportunity is people in need of housing after they’ve lost theirs.

Additionally, the bill’s sponsor (the California Apartment Association, a landlord lobbying group) and author say SB 1133 is necessary to increase transparency for businesses that get confused about compliance during a declaration of emergency, even though businesses have resources available at the local and state levels to determine if a proclamation of emergency is in effect. SB 1133 is not about ensuring businesses are less “confused” about emergency proclamations – that’s already in the law.

We know surviving a disaster adversely impacts individuals and communities. Studies show that long after disaster, individuals experience post-traumatic stress due to housing loss, increased health conditions like stroke, heart disease, and lifelong chronic illnesses, and increased homelessness – all of which disproportionately impact people of color.  These individual impacts coalesce to impact whole communities.

The devastating community impact after the 2018 Camp Fire — the most destructive in California history — is still felt today. The Camp Fire displaced over 80% of Paradise’s population and destroyed 90% of housing. Consequently, people were forced into neighboring communities like Chico that didn’t have the capacity to house them. At that moment, some Chico landlords increased rents by 15%, creating an immoral bidding war among survivors who were sleeping in garages, tents, and shelters. Years after the Camp Fire, communities in Paradise and the surrounding areas have seen increased housing instability and homelessness. If passed, SB1133 would allow corporations and unscrupulous landlords to capitalize on the needs of people like those who survived the Camp Fire when they are trying to survive.

You might think a bill with this much impact would receive special consideration by legislators – particularly those representing districts with victims of past and future disaster. Not only was there very little discussion about the devastating yet highly predictable potential impacts of SB 1133, the bill also passed out of its legislative policy committee with a majority vote.

But the legislature is still in session, and there is time to stop the bill. SB 1133 is currently in the California Assembly’s Appropriations Committee awaiting an August hearing date, where we will demand elected representatives vote against greed and protect displaced Californians.

Help stop price gouging after disaster. Call your state legislator and demand a NO vote on SB 1133.

 

OP-ED: No-bid Medi-Cal contract for Kaiser Permanente is now law, but key details are missing

“Ultimately, Kaiser Permanente’s contract creates more choice for the Medi-Cal population, said Linda Nguy, a lobbyist with the Western Center on Law & Poverty. But the group, which advocates for people with low incomes, pledged to keep an eye on how the new law is rolled out.

“We will be monitoring it and certainly raising issues as things come up,” Nguy said.”

Read More

Up-to-date COVID-19 information

OVERVIEW

  • July emergency allotments for CalFresh food benefits will be issued August 14 (CalSAWS) and August 21 (CalWIN). June allotments issued July 17th (CalSAWS) and July 24th (CalWIN).
  • COVID-19 vaccines are free. Click here for more information.
  • Rapid COVID tests are also free, and can be shipped to you. Click here to order
  • Diagnostic testing for COVID-19 is covered at no cost for all Californians.
  • California’s eviction moratorium has ended, but you should still apply for rent relief if you need it! If you receive an eviction notice, do not ignore it. Seek local legal help right away.
  • California’s COVID-19 Rent Relief program can be accessed here, or call 833-430-2122.
  • Federal Child Tax Credit payments are not considered income for any family, and will not change receipt of public benefits.

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Food and Financial Security

  • Federal Child Tax Credit payments are not considered income for any family, and will not change receipt of public benefits, including unemployment insurance, Medicaid, SNAP, SSI, SSDI, TANF, WIC, Section 8, or Public Housing. Find out more about California’s Golden State Stimulus payments — if you qualify, and how to get it. También en español.
  • Restaurant delivery service is available for older Californians. Information and sign-up details for interested participants and restaurants are available here.
  • California households receiving SNAP food stamp benefits (CalFresh) can now purchase groceries online through a USDA pilot program.
  • Here is a Distance Learning Student Resource Guide from the California Department of Social Services. The guide includes information on free or low-cost internet, English language learning, adult education and workforce skills, video conferencing resources, and more.

Health Care

  • Keep your Medi-Cal contact information current. Make sure your county has your current address, phone number, and email address – especially if you moved since 2020. Later this year, counties will start contacting people to help them renew their Medi-Cal. If they cannot contact you, your Medi-Cal may end so you want to make sure they have your current information. Find your local county at this link.
  • COVID-19 vaccines are free. Click here for more information. All health plans must cover vaccine administration for free, and Medi-Cal covers vaccine administration for free.
  • Diagnostic testing for COVID-19 is covered at no cost for all Californians. You will need to go to a state testing site, one run by your county, or get a test at a medical provider that can enroll you in a special Medi-Cal program for people without insurance. You can contact your county public health departmentlocal clinic, and medical provider to receive information about your options for free testing.
  • There is a conflict between the California regulation governing health plans for COVID-19 diagnostic testing and federal testing requirements under the Families First Coronavirus Response Act and the CARES Act. This conflict in current law might result in a health plan billing you for testing. If this happens and you want assistance with reviewing the bill, please contact Helen Tran at htran[at]wclp.org or (213) 235-2638.
  • Everyone is encouraged to seek care if they are sick, regardless of income or immigration status. For more information about your right to health care, visit the Health Consumer Alliance’s COVID-19 information site.

Housing

  • Here is Western Center’s Know Your Rights toolkit for California tenants. Inquilinos de California: Conozca Sus Derechos.
  • California’s COVID-19 Rent Relief program helps eligible renters and landlords with unpaid/future rent and utility payments due to COVID-19, regardless of immigration status. Get info, check eligibility, and apply here, or call 833-430-2122.
  • The fact sheet below explains the current protections and financial assistance available to California renters and landlords. Versions are also available in SpanishChineseRussian, and Vietnamese.

(Click image below to access PDF – Español aqui – Tiếng việt ở đây – Русский здесь – 这里的中国人)

  • The Eviction Laws Database captures state, territorial, and local laws covering the eviction process — from pre-filing to post-judgment, as of January 1, 2021. The database was launched by the Legal Services Corporation (LSC) in partnership with the Center for Public Health Law Research, and consists of two datasets:
    • State/Territory Dataset – covers eviction laws, regulations, and court rules that were in effect as of January 1, 2021 in all 50 U.S. states, the District of Columbia, and eight U.S. territories
    • Local Dataset – covers eviction laws, including those at the county and local level, in 30 local jurisdictions in effect as of January 1, 2021

Additional Resources

 

 

 

 

California can’t deny pending applications for rent relief while its denials are under review, judge says

“That hearing will probably take place in September, said attorney Lorraine Lopez of the Western Center on Law and Poverty, one of the organizations representing the renters. During the interim, Lopez and her colleagues said, nearly 100,000 households will be entitled to rental benefits without interference by the department.”

Read More

PRESS RELEASE: Judge Orders CA Dept of Housing & Community Development to Stop Denying State Rental Assistance Applications Until Further Review

FOR IMMEDIATE RELEASE

The court agreed that HCD denied applications without meaningful explanation or a transparent appeals process

Oakland, CA – An Alameda County court has sided with tenant advocates and ordered California’s Department of Housing and Community Development (HCD) not to deny any pending rental assistance applications until the court can determine if HCD’s process meets constitutional due process standards. The court concluded that HCD may be violating the constitutional rights of tenants who applied to the state’s Emergency Rental Assistance Program (ERAP) by failing to provide an adequate process for tenants to challenge denials.

“Over the past few months, I’ve worked with hundreds of tenants who received a denial with little to no explanation and are terrified about losing their homes. I’m just so relieved to see the judge take action to address this problem, and to give families a fighting chance to receive the rent relief they are due,” said Patricia Mendoza, Organizer at Alliance of Californians for Community Empowerment (ACCE).

The court also paused the 30-day deadline for tenants to appeal denials, meaning denials issued will not become final. It’s estimated the decision could impact nearly 100,000 tenant households across the state, including those who still have applications pending and those who had their appeals denied. The court’s order does not prevent HCD from approving pending rental assistance applications, including those on appeal.

“At SAJE, we have helped over 300 tenants through our Emergency Rental Assistance Program Clinics; many have still not heard back, or were denied for ‘lack of response,’” said Mateo Gil, Community Organizer at Strategic Actions for a Just Economy (SAJE). “There was even a case where a tenant in need was denied for a lack of lease when they had a verbal rental agreement. SAJE and the Keep LA Housed Coalition are working hard to ensure our communities, many undocumented, get their applications processed. Thousands of households are still at risk of eviction, and many of those are possibly going to fall into homelessness without stronger permanent protections now and after the pandemic.”

Last month, ACCE and SAJE, along with research and action institute PolicyLink, filed a lawsuit against HCD for administering ERAP in an opaque and discriminatory way and for refusing to provide adequate explanation to tenants who were denied assistance. Yesterday, a judge agreed that the denial notices HCD sent out are too vague, that applicants have no meaningful way to appeal, and that HCD indefensibly refused to tell applicants which of their documents led to denial. The tenant organizations are represented by Western Center on Law & Poverty, Public Counsel, and Legal Aid Foundation of Los Angeles.

“Too often, tenants have been wrongfully denied rental assistance that they are eligible for. It is crucial to prevent further denials and existing denials from becoming final until HCD gives tenants the information that they need to challenge a wrongful denial,” said Nisha Kashyap, Supervising Staff Attorney for Consumer Rights and Economic Justice at Public Counsel.

The Emergency Rental Assistance Program was created to keep vulnerable tenants housed amid the ongoing economic fallout from the pandemic, but it has been the target of multiple lawsuits challenging how the program was designed and implemented. Advocates point to the latest comprehensive numbers released from the state, which show that as of June 23 2022, 157,881, or 33 percent, of the reviewed applications were denied, putting tens of thousands of people at risk of eviction now that the state’s eviction protections have expired. California received $5.2 billion in federal funds and HCD was charged with creating an application process, screening tenants for eligibility, and distributing the funds.

“We have to keep people housed,” said Madeline Howard, Senior Attorney at Western Center on Law & Poverty. “That’s why we filed this lawsuit — the program was created to prevent evictions but falls woefully short. We are very pleased that the judge ordered HCD to stop denying tenants with this unfair system.”

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Legal Aid Foundation of Los Angeles (LAFLA) is a nonprofit law firm that seeks to achieve equal justice for people living in poverty across Greater Los Angeles. LAFLA changes lives through direct representation, systems change, and community empowerment. It has five offices in Los Angeles County, along with four Self-Help Legal Access Centers at area courthouses, and three domestic violence clinics to aid survivors.

Public Counsel is a nonprofit law firm and the nation’s largest provider of pro bono legal services. It serves communities locally and nationwide by advancing civil rights litigation, advocating for policy change and providing free legal services to thousands of clients annually.

Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care, and a strong safety net for Californians with low incomes, through the lens of economic and racial justice.