SUCCESS STORIES

Law Foundation helps Palo Alto woman evicted for not paying rent while in coma

Nancy Westerfield, a 60-year-old employee of the First United Methodist Church in Palo Alto, was stuck with a serious infection that led to multiple organ failure and 13 days of unconsciousness in the hospital.  Because of her precarious health situation during this time, her daughter on two different occasions notified Nancy's landlord at Midtown Apartments of Palo Alto that she would be late with her rent payment for the following month.  On the day she was released, Nancy (who was still in a wheelchair) went to the bank and got a money order for $825 to pay her rent.  However, her landlord refused to accept her payment and served her with an unlawful detainer notice the following day.

As a result, Nancy was forced to move from her affordable one-bedroom apartment, which was near her family and her job, to a much more expensive studio apartment in a far-away neighborhood.  The Law Foundation (through its Fair Housing Project program) and co-counsel Brancart & Brancart settled Nancy's claims with an agreement by the landlord to allow her to return to an apartment in the same complex where she was evicted from with her rent capped at $500 for a five-year term.  The landlord also paid $32,000 to cover Nancy's moving costs and attorney's fees and agreed to attend fair housing training.

Resolution of Lawsuit involving Disability Discrimination by Senior Housing

A 90-year-old woman applied to live in senior housing.  She was questioned intrusively about her medical conditions and asked to provide private doctor information.  Later, she was rejected because she had diabetes and was “too old.”  A lawsuit was filed in federal court.  The case settled for a combined payment of $75,000 and injunctive relief to change the complex’s policies.   

Redress for Retaliatory Eviction

A family moved into a house and started to smell mold. A test kit confirmed the presence of mold. Since their two daughters have severe growth disabilities and respiratory conditions (one needs oxygen continuously), they asked their landlord to investigate it. Instead of fixing the mold, the landlord gave the family an eviction notice to move out by New Year's Eve. FHLP filed suit on behalf of the family in state court. Four days before a scheduled jury trial, the case settled with the landlord agreeing to fair housing training and a payment of $45,000.