Correspondence - Item 23 - Laserfiche WebLink

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Government Code section 65583(c) states that \]ransitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. monthly inspections on Permanent Supportive Housing when not imposing the same restrictions on similar multi-family residences in the same zone, violates State Housing Element Law, which prohibits such restrictions that only target Permanent Supportive Housing and do not apply to all residential dwellings. Violation of State and Federal Fair Housing Laws State and Federal law prohibits discrimination on the basis of multiple protected characteristics, including, under some of those laws, discriminating against individuals with disabilities and Veterans and discriminating on the basis of race/ethnicity and source of income, to only name a few. Discrimination can occur by explicitly targeting such populations or by having a disparate impact on those populations. In some instances, Permanent Supportive Housing is designed specifically to target some of these populations, such as Veterans, and it is often disproportionately populated by members of these protected classes, especially individuals with disabilities and individuals who constitute racial and ethnic minorities. Furthermore, the mere fact that most all individuals who reside in Permanent Supportive Housing are the beneficiaries of some form of government assistance utilized to develop and fund the Permanent Supportive Housing, potentially implicates Californias prohibition against discrimination on the basis of source of income. Any policy targeting Permanent Supportive Housing for monthly inspections would potentially have a disparate impact on protected classes and violate State and Federal fair housing laws. Violation of Landlord/Tenant Rights Residents of Permanent Supportive Housing have tenant rights similar to those of tenants in any other type of rental unit. (See for example Health & Safety Code section 50490, defining Permanent Housing as a structure or set of structures with subsidized or unsubsidized rental housing units subject to applicable landlord-tenant law, with no limit on length of stay and no requirement to participate in supportive services as a condition of access to or continued occupancy in the housing. Permanent housing includes permanent supportive housing. (emphasis added).) Landlord/tenant law limits the landlord section 1954. None of the six justifications identified in Civil Code section 1954 contemplates entering a tenanted in Item 23. As such, the proposed monthly inspections would violate Civil Code section 1954 and the tenants In addition to the protections of Civil Code section 1954, tenants also have a right to quiet enjoyment of their rental units under common law and California statute. The proposed monthly inspections would interfere with tenants ---5157