Just Cause Protections Sweep into the South Bay

In a life-changing and historic vote by San Jose City Council, renters in San Jose can no longer be evicted without good reason.  Thanks to years of hard work by tenants and nonprofit groups, like the Law Foundation of Silicon Valley, landlords will soon need to provide "just cause" for evicting tenants. Until now, San Jose was the only major Bay Area city without a similar policy. The Mercury News reported earlier this month that since 2010, more than 2,400 no cause evictions were reported.

The explosive growth of Silicon Valley continues to leave some members of our community behind, including long-time residents who are being displaced due to the rising cost of living. San Jose City Council’s vote to enact just cause evictions will help to ensure that all members of our community have the opportunity to be part of the Silicon Valley success story. 

Want to learn more about what just cause protections mean for renters? Listen to Law Foundation supervising attorney, Melissa Morris, on KQED's Forum program or read her letter to the editor in The Mercury News.

Thank you to Mayor Liccardo, and Councilmembers Jones, Jimenez, Peralez, Diep, Carraso, Nguyen, Arenas, and Rocha for their courage and leadership in making sure the urgency ordinance passed.

Hope in Devastation

Last month approximately 14,000 San Jose residents were evacuated from their homes after the Coyote Creek flooded. Now, weeks later, over a hundred affected homes are still uninhabitable. Rock Springs, the neighborhood hardest hit by the flood, is primarily home to low-income Latino and Vietnamese families. Many are living in shelters, cars, with friends, or, if they can afford it, in hotels. Many of those displaced have questions about their legal rights as they try to put their lives back together.

The Law Foundation responded immediately to the need for legal services following the flood by preparing know-your-rights materials and coordinating with other non-profit and government agencies. Our attorneys met with displaced tenants onsite at a community center and at San Jose City Hall.  Most of the tenants we talked to lived in apartments that had been "yellow-tagged," which means that, even though the apartment was cleared for entry, there are still structural problems or issues with providing necessary utilities like water, gas, or electricity-making the home unlivable.  

We met with more than 100 tenants who had questions about rent, their right to move back after their landlords finished making repairs, and about damage to their personal property. We helped them understand their options, including the right of tenants in rent controlled apartments to file petitions for rent reductions with the City of San Jose's rental rights and referrals program.  We also provided advice about talking to their landlords, suggesting they write everything down and to immediately call us if they run into problems or receive an eviction notice.

Tenants affected by the flood who have questions about their legal rights can contact our office at (408) 280-2424.  We serve clients regardless of immigration status, and we keep all information confidential.

Battling Housing Discrimination

What happens when someone with a disability is harassed and discriminated against in the place they call home?

Randy is an elderly man who needs an electronic scooter to get around. However, his landlord refused to allow him to use his scooter at his rental complex. Unable to use a ramp to safely get to his unit on the second floor, he was instead forced to use a cane. The property manager believed Randy was too old to live at the property and further harassed him by making comments suggesting he needed to be somewhere with 24 hour care.  We suspected that Randy wasn't the only one being discriminated against. Our community partner, Project Sentinel, sent in people of varying demographics as potential renters. Not only was the landlord refusing to allow wheelchairs on the property, but families with children were also being turned away and denied housing. 

Law Foundation attorneys filed a lawsuit against the property on Randy's behalf, ultimately settling the case. The property owners agreed to pay monetary damages and demote the manager to a non-leadership role. Additionally, the property owners agreed to allow for future fair housing testing, ensuring that no one else is treated to the kind of discrimination Randy endured.