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Change From the Inside, Support From the Outside: How A Non-Profit Organization Empowers, Defends, and Supports Tenant

Change From the Inside, Support From the Outside: How A Non-Profit Organization Empowers, Defends, and Supports Tenants Who Demand Healthy Homes Amelia Fay-Berquist, Francisco Covarrubias, Javier Beltran INNER CITY LAW CENTER, LOS ANGELES, CALIFORNIA. What We Will Cover Today?.

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Change From the Inside, Support From the Outside: How A Non-Profit Organization Empowers, Defends, and Supports Tenant

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  1. Change From the Inside, Support From the Outside: How A Non-Profit Organization Empowers, Defends, and Supports Tenants Who Demand Healthy Homes Amelia Fay-Berquist, Francisco Covarrubias, Javier Beltran INNER CITY LAW CENTER, LOS ANGELES, CALIFORNIA

  2. What We Will Cover Today? • The Housing Crisis in Los Angeles • Working With the Community • Legal Counsel and Strategies

  3. Los Angeles: City of Renters Rental Housing 2011: The State of Rental Housing in the City of Los AngelesUnderwritten by the Pat Brown Institute and the Economic Roundtable. February 2012, 6 pages.By Daniel Flaming and Patrick Burns, Economic Roundtable c

  4. Los Angeles: High Rents, Low Income Rental Housing 2011: The State of Rental Housing in the City of Los AngelesUnderwritten by the Pat Brown Institute and the Economic Roundtable. February 2012, 6 pages.By Daniel Flaming and Patrick Burns, Economic Roundtable c

  5. Los Angeles: LARSO/Rent Control • Los Angeles Rent Stabilization Ordinance • Limits rent increases • Just-cause evictions • Code Enforcement program • Systematic Code Enforcement • Complaint-based inspections

  6. Los Angeles: “Evictions” • Unlawful Detainers • 3/30/60 notice to ____ or quit • Cash for keys • Lack of repairs • Lack of services • Harassment • Lock outs

  7. Los Angeles: “Evictions”

  8. ICLC: Referrals

  9. ICLC: Path to Healthy Home

  10. ICLC: Path to Healthy Home

  11. ICLC: Cost of Slum Conditions

  12. ICLC: Cost of Slum Conditions

  13. ICLC: Cost of Slum Conditions

  14. ICLC: Cost of Slum Conditions

  15. ICLC: Cost of Slum Conditions

  16. ICLC: Cost of Slum Conditions

  17. ICLC: Cost of Slum Conditions

  18. ICLC: Cost of Slum Conditions

  19. Service Referrals

  20. Service Referrals • Importance of referrals • Pooling resources to increase the impact! • More than just housing needs • Building relationships, increasing trust, having greater access to the big picture • Tackling poverty and its many layers • ICLC may be the only resource families have

  21. The Power of Tenant Organizing • We knock on doors – lots of ‘em! • But why would that be important? • Hosting Tenant Meetings • Is there more than meets the eye? • Why all the complaining? • Slum housing, code violations, and government intervention • A comprehensive approach to an inspection is cost effective and beneficial to both the landlord, tenant, and your city!

  22. Capacity Building Through Organizing • The multifaceted role of an organizer • Applicable to inspectors, social workers, doctors, etc. • Reflection, circular learning, and following the lead of the community • Empathy is an integral cornerstone of our work • Tackling larger issues of inequality and social justice one door-knock at a time!

  23. LEGAL COUNSEL & STRATEGIES

  24. Legal Counsel – Working with Tenants to Provide a Shield and Sword for Justice and a Healthier Home

  25. Legal Counsel: • SHIELD: Represents low-income tenants in eviction defense actions relating to pre-textual reasons, harassment and retaliation; • SWORD: File affirmative habitability lawsuits with possible petition to the court for receivership of slum buildings to force repairs; and • SHIELD and SWORD: Preliminary injunctions for tenants facing evictions in affirmative lawsuits.

  26. The Unhealthy Home What Can Legal Counsel do to Achieve a Healthy Home?

  27. Case Study: Los Angeles building lawsuit filed in November 2010 Building has 48 units and its located near downtown LA; Many families living in this building with small children; Long term tenants paying below market rent and protected by LA rent control; Bad habitable conditions throughout the building with internal and external problems; Gentrification, new development and revised structures sprouting throughout the surrounding neighborhood; and Relatively new owner rumored to have building remodeled for trendy hotel or lofts.

  28. Examples of Uninhabitable Conditions:

  29. How Did Legal Counsel Proceed? • Assessing the potential lawsuit and interviewing clients • Should every tenant be retained? • Provide immediate representation and advice by retaining tenants as clients. • Retained 52 tenants in total. At the end of litigation represented 56 tenants in total. • File a lawsuit for damages and seek repairs

  30. Organizers Legal Counsel Federal, State & Local Law County Health What Tools Are Used by Legal Counsel to Achieve a Healthy Home? HOME Advocacy Court System Housing Dept.

  31. Aftermath of the Lawsuit (First Punch): • Immediate Harassment & Retaliation: against the tenants suing the landlord • Posting and Serving of Notices: three day notices to comply, to pay rent or to quit • Lock Outs: tenants forcefully locked out of their units without due process or court order • Lack of Repairs & Services: slow or failure to repair and services such as water, gas or electricity are turned-off • Filing of Unlawful Detainers / Eviction Complaints: landlord attempts to evict tenants based on pre-textual reasons

  32. Legal Counsel Reactions (Counter Punch): • Call or Write Opposing Counsel: call landlord’s counsel or write letters to document harassing behavior • Respond to Notices: work together with tenant to comply but also document responses and compliance with a letter • Call Authorities for Lock Outs: call the police; criminal penalties and civil damages for forceful lock out • Call Authorities for Repairs & Services: call police, housing or health dept.; criminal penalties and civil damages • Filing of Unlawful Detainers / Eviction Complaints: defend, defend and defend!!!!

  33. Final Results (The Decision): Receivership Placed: Third party receiver controlled the day-to-day operations of the building - Made repairs, fixed long term habitability problems and created plan for pest control. Contentious: Continuous harassment and retaliation by the landlord even after the receiver was placed by the court Litigious:Various motions, discovery (including depositions), meetings with the clients, preparing for trial, and eventually settled a day before trial in August 2012 Damages and Results: 60K for each individual in the household. Healthier home through the receiver’s work and eventual ownership change

  34. Final Thoughts

  35. THE END

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