Send a Tweet
Most Popular Choices
Share on Facebook 2 Share on Twitter 2 Printer Friendly Page More Sharing
General News    H3'ed 4/23/12

Spectacular Day for Tenants, Rent Control & Eviction Protections in the Courts of Law

Author 40388
Follow Me on Twitter     Message Larry Gross
Become a Fan
Read Story in Blog >  http://bit.ly/TenantCourtVictories
On the same day that U.S. Supreme Court refused to hear an appeal that would have challenged New York City's rent stabilization laws, and possible threaten rent control laws nationwide, the California Court of Appeals made a significant ruling in regards to providing tenants eviction protections.

Tenant activists were greatly concerned that, even though rent control has been held constitutional numerous times before, given the conservative and pro-business nature of the current Supreme Court majority, the future of rent control could be at-risk.

The case involved landlords James and Jeanne Harmon, who have lost earlier court attempts to get rent stabilization laws thrown out. The Harmons inherited a building with three rent-controlled apartments near Central Park on Manhattan's Upper West Side. The Harmons say rent stabilization laws forces them to rent the apartments at rents 59 percent below market rate. They argue that by giving the tenants lifetime tenure with succession rights, the government has illegally taken their property.

A federal judge and the 2nd U.S. Circuit Court of Appeals in New York City threw out their lawsuit. Now the high court refused to review that decision.

CALIFORNIA COURT OF APPEALS MAKES MAJOR EVICTION PROTECTION RULING 

In Anchor Pacifica Management v. Sharon Green, the California Court of Appeals ruled that a management company operating a senior apartment complex developed with assistance from a local redevelopment agency and subject to agency oversight must have good cause when it evicts a tenant upon expiration of the tenants' lease.

The groups that lined up to support Sharon Green best demonstrated the importance of this case.
An Amicus Curiae was filed for the Coalition for Economic Survival by Neighborhood Legal Services of Los Angeles County, Western Center on Law and PovertyNational Housing Law Project, on behalf of Defendant and Appellant Sharon Green.

In 2009, Anchor Pacifica Management served Sharon Green, who is disabled --and receives federal income-supplement benefits, with a 90-day eviction notice. The notice did not provide any reason for the termination of her tenancy at the conclusion of her lease.The City of Glendora Community Redevelopment Agency funded the building of Heritage Oaks Apartments by Anchor Pacifica, a private developer, which included affordable housing side aside units. 

Ms. Green lived in one of these affordable units. Ms Green contended a trial court erred when it denied her motion to dismiss the eviction action on the ground it was without cause and it violated her right to due process under the state and federal constitutions or, in the alternative, failed to allow her to present this defense to the jury.

The Court of Appeals ruled in her favor.

 

Rate It | View Ratings

Larry Gross Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Larry Gross is the Executive Director of the Coalition for Economic Survival (CES). He has been with CES for 42 years, since its inception in 1973. CES is a grassroots, multi-racial, multi-ethnic tenants' rights organization serving low and (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Follow Me on Twitter     Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

West Hollywood: City Built on Rent Control Celebrates 25th Anniversary

Protests Erupt As LA City Council Kills Rent Freeze

The Concert for Social Justice -- An Event Not to be Missed

PEOPLE'S VICTORY!! US Court of Appeals Rules to Protect Section 8 Tenants

Walmart Workers & Supporters Rally and Demand Justice at South L.A. Walmart

United Nations Investigates Affordable Housing Crisis in LA