News: Evictions
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CAA amendments target unscrupulous attorneys
The state’s unlawful detainer “masking” law has been in place for over 20 years, introduced by the California Apartment Association to prevent unethical eviction-delay firms from accessing court records to help tenants prolong or avoid eviction.
The law provides that unlawful detainer cases are not available to the public for 60 days after the filing of an unlawful detainer action. After that time, the case becomes public if the tenant failed to beat the eviction during the initial 60 days.
During this legislative session, Assemblyman David Chiu, D-San Francisco, persuaded fellow lawmakers to change the… Read More
The California Apartment Association has urged the state Legislature to stop providing funding for defense attorneys to help evicted tenants drag out the unlawful-detainer process.
The practice has occured for several years under a state law that CAA believes should expire in 2017.
Under the Sargent Shriver Civil Counsel Act, defense attorneys receive money from the state to represent low-income Californians in a variety of legal areas, from evictions to custody disputes. Since 2011, the Legislature has spent $9.5 million annually on the program in seven areas across the state.
While the concept is laudable, it’s rife with abuse when… Read More
Tagged: EvictionsLegislature
A law in Hesperia that allows the police chief to order the eviction of tenants from rental housing violates the U.S. Constitution, the California Apartment Association says in a letter to the city.
The police chief’s eviction authority is part of Hesperia’s Crime Free Rental Housing ordinance, a pilot program that took effect Jan. 1.
The ordinance also requires criminal background screenings, conducted by the Police Department, for all prospective tenants and mandates registration and inspection of all covered properties as well as the use a of crime-free addendum.
“Unfortunately, compliance guidance is impossible to provide as many key provisions… Read More
The California Apartment Association briefed the Moderate Democrats Caucus in the State Assembly this week about threats to the Ellis Act and the importance of preserving the state law.
On Tuesday, about a dozen of the lawmakers heard from Tom Bannon, CAA’s chief executive officer, and Shant Apekian, vice president of public affairs.
Passed by the State Legislature in 1985, California’s Ellis Act provides that no local government can require a rental property owner to continue to offer his or her housing for rent.
Some San Francisco officials and tenant rights organizations want the Legislature to amend the Ellis act… Read More
Tagged: Ellis ActEvictionsLegislature
For most folks, if they hate their job, or it just doesn’t pay enough, they can always quit.
But what if you’re a landlord?
It’s not easy, and if San Francisco politicians and at least one tenant advocacy group have their way, landlords will face more hurdles and costs if they try.
In their sights is the Ellis Act, which provides limitations on what a local government can require of property owners who wish to end their rental housing business.
What you’re unlikely to hear in the media is that the Ellis Act and local ordinances like one in San… Read More
Landlords don’t have to conduct extensive investigations to track down tenants who go missing when facing eviction, according to a ruling Wednesday by the Sixth Appellate District Court.
After receiving a brief from the California Apartment Association, the appellate court ruled in favor of the property owner, Stanford University, which tried but could not locate Christine Marie Ham to personally serve her with an eviction lawsuit.
Instead, Stanford mailed the paperwork — an unlawful detainer summons and complaint – to Ham’s residence and posted it on her front door. Landlords reluctantly resort to this technique, known as “nail and mail,”… Read More
Tagged: EvictionsLegal News
A CAA-opposed bill that would have encouraged jury trials in eviction cases — greatly delaying a landlord’s ability to speedily eject a nonpaying tenant — failed in the Assembly Judiciary Committee on Tuesday, May 7, and cannot return until at least next year.
AB 969 by Assemblyman Tom Ammiano, D-San Francisco, focused on cases in which a tenant claims he or she withheld rent because a landlord failed to make repairs to an apartment.
Under current law, a tenant already can use this argument in court to fight an eviction. The tenant, however, must be current on rent to do… Read More
Tagged: CourtsEvictionsLegislation
A judicial panel has rescheduled oral arguments in Stanford University vs. Christine Marie Ham, a case that threatens to make evictions more difficult and time-consuming.
California’s Sixth District Court of Appeal will hear the arguments at 9:30 a.m. Tuesday, May 14, at 333 W. Santa Clara St., San Jose.
In the case, Ham, an ex-tenant at Stanford, argues that the University did not take sufficient steps to reach her in person before posting eviction paperwork on her front door and mailing them to her rental unit.
A process server for Stanford made five attempts — at different times and days… Read More
The California Apartment Association today continues its property management webinars with its third installment: “Resident Issues & Ending the Tenancy (PMR102).”
The course teaches property management professionals to successfully interact with people and learn to handle residents’ requests, as well as special issues for the disabled.
Also, learn about terminating tenancy, identifying normal wear-and-tear, as opposed to damages, and dealing with security deposits.
Further, gain a greater understanding of how an agreement can be terminated.
The courses are divided into a pair of 90-minute sessions spread over two afternoons.
The first session of “Resident Issues & Ending the Tenancy (PMR102)”… Read More
When landlords in Fresno County evict a tenant, they’ll now fill out paperwork intended to make the process safer.
The Fresno County Sheriff’s Office on Wednesday unveiled a revised “letter of instruction” for landlords to complete before authorities serve notices on tenants losing their homes.
Law enforcement officials discussed the form during an educational luncheon hosted by the California Apartment Association in Fresno and covered by CBS 47 TV.
“Not that we weren’t being as safe as we could before, but we saw where we could improve,” Deputy Doug Richardson told the station.
CAA tapped Fresno attorney Steve Hrdlicka to… Read More