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07/06/2021 Regular
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Correspondence - Non-Agenda
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on top of their living expenses or navigates the court fee waiver process. Then boom, the LL/the eviction attorney <br />request a trial by judge without even reading the tenant response. Had there been no response, the LL and the eviction <br />attorney would have requested a default judgement and the family would have an eviction on their record – and thus <br />would have ended their chance at finding new housing. <br />The court sets a trial date, and the tenant now has to schedule time off work, learn how to navigate current virtual court <br />date technologies, possibly navigate making requests for interpreters for non-native English speakers, and ensure that <br />they don’t miss any notices on top of having to look for a new place to live should the court rule against them. <br />This is not just. Let’s recap: <br />A LL serves a notice with the fake reason. The tenant has nowhere to move to. The eviction attorney isn’t held to any <br />standard except knowing the basic process of how to file forms with the court. The court eviction forms allow for <br />loopholes for eviction cases to proceed in scenarios not related to non-payment of rent while actually being based in <br />non-payment of rent or LL desire to increase rents above and beyond the legal limit. There exists no mechanism for the <br />court to see that any particular landlord is egregiously pursuing evictions on multiple residents (even of the same <br />building in some scenarios) and community members who in many instances have been paying their rents on time for <br />many many years. <br />In one of the cases I worked, the tenants found a new place to live, but it’s not available til mid month July. They <br />informed the LL's eviction attorney who then submitted a stipulation judgement to the court. The court failed to <br />consider how the eviction notice was not only asserting a fake reason of “substantial repairs”, but also that the form <br />UD101 states that the tenant failed to provide a declaration to the landlord of inability to pay rent due to the pandemic <br />(which is abhorrently false and seemingly unrelated to the eviction notice). The tenants did in fact provide the letter to <br />the landlord and management. But the court doesn’t care. The court cares about the fact that the eviction attorney sent <br />a stipulated judgement to the court without the unit address listed of the stipulated judgement and the judge even <br />offers to handwrite it in for this eviction attorney – a supposed professional – as a result of the eviction attorney's own <br />error. <br />The tenants are to move into their new apartment mid-month after forking up far too much of their own savings on top <br />of having remained current on rent all throughout the pandemic. They don’t qualify for any local programs regarding <br />rent relief having paid rent all throughout the pandemic. The stipulated judgement requires they vacate the unit no later <br />than one day after their move-in date of their new apartment – this means they have literally less than 24 hours to get <br />everything out of the old unit and into the new unit. Their new rent is $1800; their old rent was $1400. The LL of the old <br />property has been painting the building and recent postings for the newly vacated units are starting at $1800. The LL has <br />also unnecessarily installed new floors in many units. Neither of these things constitutes substantial repairs – maybe a <br />modest rent increase at most… but not an eviction. <br />The tenants accepted the stipulated judgement and the LL agrees to not pursue damages after they vacate. The tenants <br />are simply happy to move on with their lives and not have an eviction on their record (albeit with one more hearing at <br />the end of the month to prove to the judge that they moved out). <br />Just like the rental units of former tenants in far too many scenarios, the space for the notion that tenants are more than <br />a rent check to a landlord – whether corporate or individual – remains vacant. <br />It’s time for that to change. <br />2 <br />
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