Retaliatory eviction? I am disabled person on section 8

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Old May 1st, 2012, 04:48 PM   #1
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Confused Retaliatory eviction? I am disabled person on section 8

Hi, I live in san diego ca. I am disabled person on section 8. I have opened a strong case in the Dept of fair housing and employment on the apartments i live in. In response they gave me a 90 day more out order. I recieved at door, no one to serve. Nothing in mail, I provided copy to hud in sd. When I went to talk to managment he was unaware! I provived him with copy. Hud did not receive letter from landlord either regarding. Now the management is refusing to accept my rent and i expect a unlawful detainer. Is this legal???? sect 8 yesterday said they considered the letter a fake and are going to continue the payment automatically this month. management is being fall guy for landlord?
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Old May 1st, 2012, 05:18 PM   #2
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Default Re: Retaliatory eviction? I am disabled person on section 8

I wish to inform you that you may give a written notice to the management and the landlord. You may inform them that Section 8 stated that the letter received by you was a fake and that payments would continue to be paid by them. If the management and the landlord refuse to accept the rent, then you take an injunction from the court in the matter. You may explain all the facts to the court to support your viewpoint. The burden of proof will be on you to support your case. The court will consider all the facts and decide the matter.

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Old May 1st, 2012, 11:28 PM   #3
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Default Re: Retaliatory eviction? I am disabled person on section 8

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Originally Posted by rreyes View Post
Hi, I live in san diego ca. I am disabled person on section 8. I have opened a strong case in the Dept of fair housing and employment on the apartments i live in. In response they gave me a 90 day more out order. I recieved at door, no one to serve. Nothing in mail, I provided copy to hud in sd. When I went to talk to managment he was unaware! I provived him with copy. Hud did not receive letter from landlord either regarding. Now the management is refusing to accept my rent and i expect a unlawful detainer. Is this legal???? sect 8 yesterday said they considered the letter a fake and are going to continue the payment automatically this month. management is being fall guy for landlord?
What was the central point of your strong case ?
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Old May 2nd, 2012, 02:39 AM   #4
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Default Re: Retaliatory eviction? I am disabled person on section 8

I live in S.D., CA just like you. I would like to know more details. Maybe I can give you some ideas.
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Old May 10th, 2012, 01:34 AM   #5
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Default Re: Retaliatory eviction? I am disabled person on section 8

yes please. the strong case was based on a manger moving a person who i have a restraining order placed with knowledge of the order purposely. To harass me.

Just filed response to the UD today. waiting to see judge i assume now.

added my written response to case.

"Courts:

I am a disabled/SSDI person, i have lived at this residence for five years and have been the perfect tenant till I was discriminated against.The landlords brother was management a year ago and has been making discriminatory actions as to force me out of the apt. I currently have a case under investigation for disability discrimination in the Dept of Fair Housing and Employment Case *** vs***apts # ******* , filed originally in April 2011, reviewed in Jan 2012, and most recently transferred in Feb to new investigator. I have received a letter of unlawful detainer from the courts, as the manager would not allow me to pay my portion of rent. The sect 8/Hud Dept has electronically paid for this months (May) rent. As the 90 day move out order was a "fake" and never sent to their dept nor sent in mail as proof of service. I have also filed a new case with the Dept of Fair Housing and Employment for Retaliatory Eviction. As federal laws plainly state this as "Retaliatory" for my complaint for violation of personal rights! As I believe this eviction is a retaliation for the DEFH case opened. This is a strategic lawsuit which is against public policy and I also believe both state and federal laws protect me from said actions. i am asking for proof of service on 90 day move out and defend myself under Retaliatory Eviction Laws.

Codes cited:

Civil code section 1942.5
Civil code section 1945.2 (a)(b)(c)
Moskovitz et al. California landlord tenants practice, section 12.38 (Cal cont. ed. Bar 2009)
Government code section 12955(f) 12955.7
California practice guide, landlord-tenants, Paragraphs 7:205 & 7:391-394 "
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Old Oct 21st, 2012, 09:22 PM   #6
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Default Re: Retaliatory eviction? I am disabled person on section 8

Hi, My daughter 21,Baby 2 1/2 and myself 62, disabled (Crohn's/Colitis) on section 8 and also both have asthma and have lived here 7 years +, who have received a 90 notice form landlord who also just handed it to us as we past him (HERE) us whats this (HERE) . This guy is a real estate agent who can be a nice guy but can be an idiot. 1) i made a deal with him to do the landscaping for cash he wrote checks for cash, but i tried to have him take it off the rent but he refused,in which eventually he tried to get me to file w something, i refused because that wasn't the deal , he told be if i didn't he'd get in trouble with irs . I said it wasn't my problem you knew what you agreed on and im not signing nothing,your just trying to get greedy . He mentioned it for months i told him to stop with all that im not signing it.2) we had a rotted pole on the porch that holds the corner of the roof that was 5 years ago, hes complained about the cost to fix.3) he complained about 5 years ago about a plant leaking water on the porch which i bought a thing at home depot that goes under the plant , making accusations about this and that. couple years later while doing the landscaping, i noticed cracking and small pieces of cement breaking away from where the stairs attach to second floor, first thing he mentions the flower pot ;-( so i ask what are you saying i caused it ? Lets get honest this place is 50 + years, the roof does not cover the edge of the porch and every winter it rains in the porch meaning for 50+ years so more then likely the weather has taken its toll.3) problems with neighbors smoking 8 feet from our door so we would close our door and WHY ? but the smoke would drift into our apt.So the new neighbors he asked them if she smokes she said no so he added in their lease NO smoking on the property, she has and i complained and shes still here. 4) Neighbor downstairs blocking our access to come and go , i reported the person, she does it from time to time, i have baby in arms or walking with me hand in hand, daughter, groceries, and do you think they would move NO, so i reported to him, Yes its cause friction and they don't like me because i have BUT i have good reason.5) i said something to him and he said F u you don't like it then get out in front of my daughter and grand baby ,I* was HIGHLY pissed and told him i don't talk to you like that so i expect the same respect he said F U, I said if you were 18 id kick your azz, he said O you threatening me now , i told him no one threaten you and told him what i said again. So a little time goes by and i detail it all in a letter to him, i still have a copy of it but lost the postal number i paid extra for to have him sign receiving it, they say if i lost it they have no proof ;-( i said i paid for it, shortly after we got a 90 day, i asked him why he said he doesn't have to tell me, well one of the neighbors told me because of all this. Here is how he also is ONE time in 7+ years i wrote the rent check out for 2.00 short of what it was, he called me that i owed him BUT for 8 months i had OVER paid him and he never said anything i also mentioned it to him, if you catch 2.00 how did you not catch the over payment and allow me to over pay you for 8 months, Lame answer. So i believe hes taken Retaliatory action against us. And for all the help assisting him in fixing things and lending him my tools, just lately too , we get a notice.
What action can i take and how, Appreciate any and all help possible, its very hard finding another place that accepts housing and close because my daughter is attending college and just finally got a part time job, we want to move but we have to be out dec.31, i asked him for and extention until after the first of the year and his response is hes within the law. Thank U

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