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AB 1482 – California Rent Cap & Just Cause for Eviction Resources

The passage of AB 1482 was a HUGE win for California renters – enshrining into state law some of the strongest anti-rent gouging and just cause for eviction protections in the country. We are working with local legal aid partners to ensure that the new laws are enforced, and renters are protected. This webinar is a resource for those working to stop unfair and unlawful evictions.

We thank our co-sponsors, partners, and colleagues around the state for their support in securing AB 1482’s passage and for their local advocacy and assistance to ensure its successful implementation.

Below you will find sample pleadings, letters, and a webinar to help stop pre-1482 evictions, as well as information and background on AB 1482:

 

PRESS RELEASE: Daly City Landlord Stops Evictions After Tenant Association Files Lawsuit

 FOR IMMEDIATE RELEASE

Case marks beginning of enforcement measures for new tenant protections

DALY CITY — A Daly City landlord has withdrawn eviction notices for dozens of families after a tenant association, Familias Unidas en Daly City (Familias), filed a lawsuit to halt the evictions. The notices were sent just after the legislature passed AB 1482, otherwise known as the Tenant Protection Act of 2019, which protects roughly eight million tenants in California from unreasonable rent increases and unfair evictions.  The families will now remain in their homes over the holidays and enjoy greater stability in the future.

Shortly after the passage of the Tenant Protection Act, the landlord issued notices to at least 25 tenant families demanding that they move out for no reason. Those who were threatened with eviction include low-income families who have lived in their apartments for decades, elderly individuals, and people with disabilities who rely on fixed incomes. The notices initially demanded that tenants leave their homes in the middle of the school year, right before the holidays, even though tenants had paid rent on time and complied with their leases.

“With the passage of the Tenant Protection Act, California tenants finally have some security knowing that they will not be displaced from their homes without a fair reason,” said Madeline Howard, attorney at Western Center on Law & Poverty. “We couldn’t stand by while this landlord violated new protections so flagrantly and with such callous disregard for the tremendous hardship their actions would cause.”

Familias’ filed a lawsuit to halt the evictions, making it the first affirmative lawsuit filed by tenants to enforce new protections under the Tenant Protection Act. Shortly after the suit was filed, the landlord began negotiations and eventually withdrew the notices.

This case highlights the value of California’s new renter protections, as well as the need for steadfast enforcement to ensure tenants can access these new rights.

“This is something of a bellwether for what we may see in the coming months,” said Shirley Gibson, attorney at the Legal Aid Society of San Mateo County. “It’s important to show how the Tenant Protection Act is playing out on the ground, and for tenants to know that with its passage, when they stand up for their rights, they can win and remain in their homes.”

 

MEDIA CONTACT:

Courtney McKinney: cmckinney[at]wclp.org

ATTORNEY CONTACTS:

Shirley Gibson, Legal Aid Society of San Mateo County, SGibson[at]legalaidsmc.org

Madeline Howard, Western Center on Law & Poverty, mhoward[at]wclp.org

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Community Legal Services in East Palo Alto is a nonprofit law firm offering free legal services that improve the lives of low-income families throughout the Bay Area.  CLSEPA pursues lasting change for our clients using multiple, innovative strategies, including community education, individual legal advice and representation, legal assistance to community groups, policy advocacy, and impact litigation.

The Legal Aid Society of San Mateo County has been fighting social injustice through civil legal advocacy for people living in poverty since 1959. The vision of LASSMC is for every person to have the basic necessities of life, including safe affordable housing, access to health care, economic security, secure immigration status, an appropriate education and freedom from violence and abuse. LASSMC strives to empower people to overcome the causes and effects of poverty so they can participate in their community with dignity and respect. We seek to remove barriers related to poverty, disability, race, language, age, gender, sexual orientation and immigration status through community education, legal representation, systemic advocacy and collaboration with community partners.

Western Center on Law & Poverty fights for justice and system-wide change to secure housing, health care, racial justice and a strong safety net for low-income Californians. Western Center attains real-world, policy solutions for clients through litigation, legislative and policy advocacy, and technical assistance and legal support for the state’s legal aid programs. Western Center is California’s oldest and largest legal services support center.

 

 

Santa Monica Moves to Offer Free Representation to Tenants Facing Eviction

Himmelrich, a staff attorney for the the non-profit Western Center on Law & Poverty, noted that a program in New York City that offered legal counsel to threatened tenants avoided 30 percent of evictions.

She said 95 percent of tenants threatened with eviction lose in court if they don’t have a lawyer and noted that the existing “patchwork system” of attorneys that offer free legal representation is fraying.

“People need lawyers, and they aren’t getting them, and they’re having trouble finding them,” Himmelrich said.

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‘Put in a corner,’ El Cerrito scraps just-cause eviction law

The 25,000-person town of El Cerrito was the latest target for a deep-pocket California landlord interest group, which shelled out more than $30,000 to kill a just-cause for eviction ordinance that would have affected a little more than 100 landlords.

…Sasha Harnden, a policy advocate for Sacramento-based anti-poverty group the Western Center on Law and Poverty, said in an interview that the California Apartment Association is one of the top two most powerful groups in the state representing landlord interests, along with the California Association of Realtors.

“These landlord interests have so much power over our elected representatives,” Harnden said.

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