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Renters, Do You Know

Your Rights?

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Language Justice...Because bilingual movements are stronger movements!

Tips for Bilingual Discussion

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#1 Speak slower

#2 Take breaks in between sentences

#3 Speak one person at a time

#4 Wait 2-3 seconds when responding or changing speaker

#5 Speak in only one language at a time as it is not possible to interpret Spanglish

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Land Acknowledgment

Reconocimiento de tierras

The unceded land that Millbrae rests on is known as the ancestral home to the Muwekma, Ohlone, and Ramaytush Peoples. Past actions by local, State, and Federal governments removed the Muwekma, Ohlone, and Ramaytush, and other indigenous peoples from the land and threatened to destroy their cultural practices. We acknowledge the Muwekma, Ohlone, and Ramaytush communities, their past and present elders, and future generations. This acknowledgment demonstrates our commitment to dismantling the ongoing legacies of settler colonialism.

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Small group discussion

What are the problems facing renters and tenants in Millbrae/ where you live??

Have you been affected by high rents, hard time finding a place to live, or have you been or know someone who has been evicted?

What would make living in Millbrae easier or better? What do you think are the solutions to the problems discussed?

Would you like to get involved in the solutions? Would you be willing to meet with renters who are effected? Would you be willing to advocate at city council meetings?

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CLSEPA Presentation

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KNOW YOUR RIGHTS TRAINING

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Tenants Rights and Resources

Our Roadmap

• Introductions
• Tenant Protections
• Tenant Organizing
• Questions

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Legal Protections for Tenants

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• Housing Conditions
• Tenant Protections
• Rent Increases
• Immigrant Tenant Protection Act
• Notices to Enter the Unit
• Tenants with Disabilities
• Tenants’ Right to Organize

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Housing Conditions

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Landlord Responsibilities - California law

• Landlord has ongoing duty to maintain property and make repairs
• Landlord allowed “a reasonable time” to make repairs (“reasonable” depends on the situation).
• Legal requirements for safe and habitable housing
• Hot and cold running water
• Working plumbing, gas, electrical systems
• Working heating
• Common areas and property grounds must be kept in clean and sanitary order, free from debris, pests, vermin
• Proper ventilation - free of mold
• Proper structural maintenance and weather protection
• Secure window and door locks
• Current penalties don’t always deter landlords from ignoring requests

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Tenant duty to inform landlord of the issue

Tenants should promptly notify the landlord when there are needed repairs in the unit

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Remember to

keep evidence!

Document your requests in writing - work orders, letters, emails, text messages

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Oral requests are okay, but it is hard to prove that requests for repairs were actually made if they were only made verbally

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Take pictures of the issues

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Tenant Remedies

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A tenant has different options to

seek a remedy if the landlord ignores

a request to repair or fix a problem,

or if a landlord’s solution is not adequate.

Learn more by reading Legal Aid Society’s

Packet. Scan the QR code to the right.

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• Make a demand in writing to the landlord.

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• In some cases, the tenant may want to report the issue to a government agency. There are sometimes risks involved with this strategy. We advise you to consult with an attorney if you have any questions or concerns.

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• Seek a legal remedy in small claims court or civil court.

Tenant Remedies - reporting the problem to a government agency

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RISK - if you are living in an unpermitted or illegal unit such as a converted garage, a unit that is dangerous, or if your unit is overcrowded (e.g., more than two people sleeping in a bedroom or more than one person sleeping in a living room), the inspector may order you to move.

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San Mateo County Environmental Health - file a

complaint for: https://www.smchealth.org/housing

• Leaking roofs
• Faulty plumbing
• Inadequate heating
• Substandard electrical problems
• Pests (including rodents and cockroaches)
• Mold
• Lead

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Tenant Remedies - reporting the problem to a government agency

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RISK - if you are living in an unpermitted or illegal unit such as a converted garage, a unit that is dangerous, or if your unit is overcrowded (e.g., more than two people sleeping in a bedroom or more than one person sleeping in a living room), the inspector may order you to move.

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Vector Control - https://www.smcmvcd.org/

• rodents (rats and mice)
• ticks
• mosquitos

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Tenant Remedies - reporting the problem to a government agency

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RISK - if you are living in an unpermitted or illegal unit such as a converted garage, a unit that is dangerous, or if your unit is overcrowded (e.g., more than two people sleeping in a bedroom or more than one person sleeping in a living room), the inspector may order you to move.

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Building Inspection or Code Enforcement in your city

Quiz!

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Andrew Doe’s heater stopped working. He goes to the management office to inform a staff member that the heater needs to be repaired. The staff member tells him that they will send someone out to take a look at the heater soon. What next steps should Andrew Doe take?

Tenant Protections

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Just Cause for Eviction – Who?

• For many tenants in California, a landlord cannot evict the tenant without a reason. Some tenants are NOT protected, for example:
• Tenants who have lived in unit for less than a year.
• Note - local protections throughout the state, including in East Palo Alto, protect tenants from day 1, but state law does not.
• Tenants living in new construction (housing built within last 15 years)

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Just Cause for Eviction – Who?

• For many tenants in California, a landlord cannot evict the tenant without a reason. Some tenants are NOT protected (continued):
• Tenants living in duplexes where the owner lives in the other unit
• Tenants living in single family homes NOT owned by corporation, or mobile home owners who rent their space.
• Almost everyone else is protected.

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Just Cause for Eviction

• For many tenants in California, a landlord cannot evict the tenant without a reason.
• Reasons based on tenant’s actions
• Example: nonpayment of rent, violation of lease, criminal activity
• Reasons not based on tenant’s action.
• Example: removal of unit from rental market, substantial repairs, demolition, owner intends to move in. These reasons require the landlord to pay relocation assistance.
• Eviction notice must be in writing and comply with legal requirements - verbal evictions are not legal.

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Just Cause for Eviction - holes in the law

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• Single family homes not owned by a corporation are not covered. Some cities and counties with local protections protect tenants living in any single family home.
• For evictions not based on tenant’s action (no-fault evictions):
• A tenant evicted for substantial remodel does not have the right to return at the same rent when the remodel work is completed.
• The relocation payment required for no-fault evictions is only one month’s rent. Some cities and counties require relocation assistance equal to three or more month’s rent.

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Eviction Protections

• Landlords cannot evict tenants without following requirements of the law. Verbal evictions are not lawful.
• Always treat an eviction notice with urgency
• Get legal help immediately if you receive an eviction notice or court papers

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Rent Increases

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• Many tenants now have rent increase protections under California law
• Which tenants are NOT protected?
• Tenants living in new construction (15 years)
• Tenants in duplexes where the owner lives in the other unit
• Tenants single family homes NOT owned by corporation, LLC or Real Estate Investment Trust
• Mobilehome owners who rent their space

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Rent Increases

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• Many tenants now have rent increase protections under California law
• What protections?:
• There’s an annual cap on rent increases.
• California law says that for covered tenants, the rent cannot be increased by more than the increase in Consumer Price Index + 5%, or 10%, whichever is lower.
• Right now (March 2023), this calculates to about a 9.2% allowable increase. The allowable increase changes every year.
• Rent increase notice must be in writing and comply with legal requirements
• 30 day written notice if the rent increase is less than 10%
• 90 day written notice if the rent increase is more than 10%

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Immigrant Tenant Protection Act

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• Landlords cannot reveal, or threaten to reveal, a tenant or occupant’s immigration status
• Law intended to protect tenants from
• Illegal eviction or coercion to move out of a unit
• Harassment
• Intimidation
• Retaliation
• Provides an affirmative defense in eviction cases

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Notices to Enter

• Landlords must give reasonable written notice to enter a tenant’s unit
• Usually 24 hour advance notice is reasonable
• Notice must include the date, approximate time, and purpose of entry
• Must be during normal business hours
• Landlord cannot abuse the right of access or use it to harass
• No notice to entry needed if:
• There is an emergency
• Tenant consents to entry

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Fair Housing

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• Landlords cannot unlawfully discriminate against tenants
• State and federal fair housing laws protect tenants in the following categories:  
• Disability
• Race, Skin Color, National Origin, Ancestry
• Familial Status (children), Marital Status
• Source of Income
• Religion, Sex/Gender, Sexual Orientation
• Immigration status
• NOTE: Project Sentinel investigates fair housing complaints.

Fair Housing: Disabilities

• Landlords are required to make reasonable accommodations for tenants’ disabilities when there is a relationship between the requested accommodation and the individual’s disability

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• Seek legal advice for assistance in making an official reasonable accommodation request

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Fair Housing: Disabilities

Commonly Requested Reasonable Accommodations:

• Emotional Support Animals & Service Animals
• Note: No extra deposit or fees!
• Behavioral Agreement
• Note: So long as not a direct threat to staff or other residents
• More time to meet deadlines or comply with notices, extension of rent due dates
• Transfer of units (e.g., to the first floor)
• More time to move out
• Live-in aides
• Note: They do not become tenants on the lease

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Tenants’ Right to Organize

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• Organizing or participating in a tenants’ union is a protected right under California law
• Landlord cannot seek to evict, give notices, increase rent, or decrease the services available at the property just because tenants exercised their right to organize
• Important note - state law penalties for violating this law are not strong.

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Collective Action and Organizing

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• What is a tenants’ union?
• What are the benefits of joining a tenants’ union?
• Special considerations
• How to form a tenants’ union

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Tenants’ Union

• A group of tenants working together to advocate for their rights
• Cultivates tenant power
• Strength in numbers and in having a unified voice
• Ability to address issues with landlord collectively rather than individually
• Unsafe or unhealthy living conditions
• Unfair lease terms and landlord practices
• Wrongful evictions
• Individual tenants can opt to pursue their rights individually, or collectively through a Tenants’ Union.

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Tenants’ Union

Special considerations of joining a tenants’ union

• Consensus among the group is needed
• Prioritizes building-wide problems
• One attorney would be the tenants’ union’s attorney, not the attorney for individual members of the union

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Join or Create a Community Group!

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Rental Assistance

Rental assistance may be available through the core service agencies for tenants who are having difficulty paying their rent

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Please refer to the list of core service agency service areas

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SMC Core Service Agencies

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SMC Core Service Agencies

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FOR TENANTS RIGHTS IN SAN MATEO COUNTY AND EVICTION CASES IN EAST PALO ALTO

Community Legal Services

in East Palo Alto (CLSEPA)

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1861 Bay Road, East Palo Alto

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(650) 326-6440

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Walk ins are welcome to request assistance at our Reception window

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Monday - Friday 9:00 AM - 1:00 PM

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FOR EVICTION CASES NOT IN EAST PALO ALTO, AND FOR TENANTS’ RIGHTS IN SAN MATEO COUNTY

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Legal Aid Society of San Mateo County - Homesavers Project

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(650) 517-8911

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Article 34 Update

Last year, San Mateo County BOS voted to buy La Quinta Inn in Millbrae

but since their ruling, the Millbrae City Council has filed an expensive lawsuit against the county

using a 73-year-old law within the California constitution--Article 34 to prevent the sale.

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We call on Mayor Anders Fung and the entire Millbrae city council to withdraw the Article 34 lawsuit and promote permanent supportive housing at La Quinta Inn. Continuing to fight a project intended to create opportunities for our unhoused neighbors builds nothing and saves nothing.

Sign the petition today!

Take Action

Court Hearing: April 3, 2024

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Resources in North County

Recursos el norte del condado

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Jess Hudson

Public Policy Manager

United Way Bay Area

Dial 2-1-1 to get connected to a specialist for personalized assistance.

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Free, Confidential, 24/7.

Available in multiple languages.

211bayarea.org/sanmateo

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Small group discussion

What did you learn during today’s meeting?

Will you share this information with your neighbors?

Was this information helpful?

What information would you like more of in the future?

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There’s a lot that we are doing, and you can join! Or make your own way.

Next Steps

Get Organized!

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Próximos

Pasos

SSF Community Meetings every two weeks a 6:30 PM

SSF Housing Justice Town Hall April 4

April 3, Millbrae Lawsuit Court Hearing

All May Long: Community Events and teach ins about housing

Talk with your neighbors about forming a tenants Union

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If you are interested in speaking up for your rights, advocating for further protections, or organizing with people who have lived experience, please get in touch with us!

Get involved!

Housing Leadership Council

2905 S El Camino Real,

San Mateo, CA 94403

Kiana Simmons

707-382-6786

ksimmons@hlcsmc.org

Paola Arellano-Rosales

650-315-7056

parellanorosales@hlcsmc.org

Community Legal Services

1861 Bay Road,

East Palo Alto, CA, 94303

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Keith Ogden

keith@clespa.org

Thank You!