Landmark Agreement Reached Between Winchester Mobile Home Residents and Pulte Homes

PRESS RELEASE - FOR IMMEDIATE RELEASE: June 27, 2019

Contact: Gabby Areas, Communications Specialist | communications@lawfoundation.org

Read more:

Settlement clears way for new homes near Santana Row - The Mercury News

Deal To Give Seniors At San Jose Mobile Home Park Condos In New Development - CBS

Deal Puts San Jose Mobile Home Residents Into New Development - NBC Bay Area

San Jose seniors facing displacement reach agreement to stay housed - San Jose Spotlight

San Jose seniors won't be displaced from Winchester neighborhood - ABC7

SAN JOSE, CA — A landmark agreement regarding the closure of Winchester Ranch Mobile Home Park has been reached by the Winchester Ranch Senior Homeowners Association (WRSHOA), represented by the Law Foundation of Silicon Valley, and Pulte Homes, the future developer of the Park.

The agreement, which was unanimously approved by the residents, states that current Park residents can move into on-site replacement housing at the same rental rate and retain protections upheld by Mobilehome Residency Law, such as rent increase limits. 

“This agreement is an example of how to achieve equitable development that doesn’t displace people already living in that community,” said Nadia Aziz, Directing Attorney with the Law Foundation of Silicon Valley. 

San Jose has 59 mobilehome parks, the most in California, with 11,000 homes and 35,000 residents. This is the first conversion of a mobilehome park to residential development, which will include nearly 700 units, in San Jose. Mobilehome parks are susceptible to development pressure because residents own their home, but pay rent for the land it sits on, which can leave residents with minimal options when owners want to sell the land.

“I’m grateful to partners like the Law Foundation for their collaborative efforts to reach an agreement that protects the residents of Winchester Ranch Mobile Home Park, while also allowing development of additional housing amid our city’s housing crisis,” said Mayor Sam Liccardo.

"Approval of this agreement is an important milestone and we are pleased that this community is now one step closer to beginning its development," said Dan Carroll, Pulte Group's Vice President of Land Acquisition. "By working in a collaborative process with the Board and the Residents of Winchester Ranch, we create a win-win that allows us to bring much needed new housing to the City of San Jose, while ensuring current Residents are able to remain in their neighborhood."

WRSHOA represents more than 100 seniors living at Winchester Mobile Home Park, adjacent to the Winchester Mystery House and across from Santana Row. Residents at the park include former teachers and public servants. For 40 years, Winchester Ranch has been an important source of affordable homeownership for seniors.

“The last thing you want to worry about is becoming homeless,” said Dave Johnsen, Board President of the WRSHOA and resident of the park for nine years. “Now we can stay in our own neighborhood and remain part of the community that we have invested in and belonged to for so long.”

The Winchester Ranch Senior Homeowners Association has advocated for more than six years for a plan that would prevent the displacement of low-income families from the Park and have been actively negotiating with Pulte Homes for three years. The agreement outlines the homeowners’ rights and Pulte Homes’ responsibilities under the Mobilehome Conversation Ordinance and State Law.

The construction will be done in phases to minimize the impact on current residents. For those residents who wish to move, the agreement outlines terms for replacement and interim housing, rent differential, moving assistance, and value assessments for the residents’ mobilehomes by a pre-qualified appraiser. Residents will be waiving their rights to purchase the park under San Jose’s Conversion Ordinance, as well as agreeing to not oppose the development.

 “Instead of enjoying retirement, residents took on the charge of saving their homes,” Aziz said. “We’re hopeful that this agreement sets a high standard for future development of parks.”

About the Law Foundation of Silicon Valley

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Let's talk about protecting affordable housing | May 2019

Be the first to hear news about the Law Foundation.

For Fair Housing Month and Affordable Housing Week, this month's newsletter focuses on housing rights issues.

San Jose Tenants File Lawsuit for Fraudulent Owner Move-In

Access to legal representation during eviction proceedings greatly improves the outcomes for tenants because it balances out the unfair power dynamics between renters and landlords. Many of our low-income neighbors don't have equal access to justice to protect themselves and their right to a safe, stable home. In April, our attorneys filed a lawsuit on behalf of four families who were evicted last year. The landlord cited a permitted reason, owner family move-in. After 8 months, no relatives had moved in. Rather, new tenants moved in, all paying upwards of $1,000 more in rent per month. The lawsuit puts landlords on notice that the relatively new Tenant Protection Ordinance in San Jose must be followed. Read more.

IN THE MEDIA

Lawsuit: San Jose landlord illegally evicted renters (The Mercury News)

Four East San Jose families sue landlord for "wrongful" eviction (San Jose Spotlight)

Stop the Criminalization of Homelessness

The Law Foundation partnered with the ACLU of Northern California to write a letter to the Mountain View City Council demanding it stop advancing unconstitutional proposals that would further criminalize homelessness by banning the parking of oversized vehicles. Often, oversized vehicles, like RV's, are the only affordable option left for some long-time residents. Read more.

IN THE MEDIA

Civil rights groups challenge proposed Mountain View RV ban (ABC7)

Mountain View RV parking ban is cruel, unusual punishment, opponents say (KRON4)

Fighting Eviction & Reinstating Housing Vouchers

"Dealing with the staff at the Law Foundation was very fulfilling and provided me a sense of freedom knowing they were taking care of issues." - James Richard

San Jose is one of the most competitive housing markets in the U.S., which makes it difficult for families and individuals struggling to make ends meet to find safe and affordable housing. One way that low-income families find housing is through voucher programs, such as the Section 8 program, where low-income tenants pay roughly 30 percent of their income toward rent and the remaining is paid by a government agency. The ultimate goal is to eliminate concentrations of poverty and provide low-income households with access to affordable housing.

James Richard was facing eviction after his housing voucher was terminated because his disability prevented him from submitting required documents on time. Law Foundation attorney Anam Hasan represented James to fight the unfair eviction, which included connecting him with community partners for rent assistance. Community worker Stephanie Leo wrote a letter to the Housing Authority to request a reasonable accommodation because of his disability. In this case, we asked for additional time for James to submit the appropriate paperwork needed to be in compliance with his housing voucher, which was successfully reinstated last week. Fighting unfair evictions and gaining disability accommodations for our clients directly prevents homelessness and empowers our clients to obtain justice through the legal system.

Our Unique Community Worker Model

The Law Foundation receives about 140 calls per month for housing assistance. While we can't provide full legal representation for everyone, our community workers increase our impact by providing different types of shorter-term assistance that give our neighbors the best chance at keeping or finding housing, including requests for extended time to move out or relocation assistance.

Community workers represent clients at administrative hearings that don't require a lawyer, write letters to landlords, and answer questions that preserve tenants' rights in court. They are the key connection to the community and keep a close eye on what is happening on the ground. For example, they conduct "know your rights" presentations, partner with our client communities on critical issues like tenant protections, help with investigations for potential litigation, and translate and interpret in Spanish and Vietnamese at community events and meetings.

We couldn't deliver on our mission without their important work.

Join us in our mission by donating to the Law Foundation.

In Case You Missed It

Celebrating Justice

Thank you for joining us at our annual Celebration of Justice on April 25, 2019. Our event was a huge success! Thank you to our Annual Partners, whose commitment to our work advances justice in our community. Click here to check out the photos and click here to watch the video to learn how we empower people to make historic change, to make future change, or to be leaders in the change they want to see. 

Re-live the Win of Tenant Protections in San Jose

As Affordable Housing Week wraps up, we look back at the historic victory of the passage of the Tenant Protection Ordinance in San Jose. We partnered with community members impacted by unfair evictions to advocate for Just Cause protections in San Jose. By empowering our neighbors to tell their stories, we were able to make long-lasting change that affects hundreds of thousands of people in San Jose. Watch here.

CEO Alison Brunner Named Woman of Influence

The Silicon Valley Business Journal recognized Law Foundation CEO Alison Brunner as one of the 2019 Women of Influence, honoring her deep commitment to social justice in Silicon Valley and recognizing her as a leader at the forefront of the regional housing crisis. Read here.

Did you know that we have a weekly eviction clinic, staffed by pro bono attorneys?

Last year, the Law Foundation assisted more than 2,000 people facing eviction. The Law Foundation hosts a weekly clinic at our office in downtown San Jose where pro bono volunteers provide clients with legal advice and assist them in drafting a response to the Eviction Complaint. Pro bono attorneys can also represent a tenant throughout the eviction process by assisting in negotiations and at trial.

To learn more or express interest, email probono.info@lawfoundation.org.

CEO Alison Brunner Named a "2019 Woman of Influence"

A woman of influence: Alison Brunner has been on the forefront of the regional housing crisis

Originally posted on Silicon Valley Business Journal on May 10.

Alison Brunner’s commitment to social justice in Silicon Valley runs deep. After working her way through the ranks of the Law Foundation of Silicon Valley, she took the lead in 2013 and has turned the nonprofit into a marquee legal organization.

In her role, Brunner is responsible for the strategic leadership, management and direction of the organization, whose team of 90 attorneys and social workers provide over 10,000 low-income people with free legal advocacy related to housing, health and children. She oversees the organization’s $10 million budget and uses her contacts and community to build an ever-increasing network of leaders, companies and law firms to support its critical work.

Brunner has been on the forefront of the regional housing crisis, working with nonprofit, government and private sector partners to develop homelessness prevention and anti-displacement policies and programs.

“I am lucky that I get to go to work every day knowing that the goals I am fighting for — equal access to justice and eliminating inequities for everyone in our community — are being furthered by my efforts, from my days zealously advocating for clients in eviction court to actively raising funds for the Law Foundation,” Brunner said.

Advice to your 18-year-old self: “Don’t let perfect be the enemy of ‘good enough.’”