Housing: Frequently Asked Questions

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Oct 2, 2024
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Housing: Frequently Asked Questions

DRC receives a wide range of different types of housing questions. We have reviewed some of the questions that we have received most often and compiled our answers into this publication. This publication covers issues such as eviction, rental assistance, reasonable accommodations, housing conditions, and more.

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Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

Table of Contents

Evictions

My landlord is trying to evict me – what should I do?

A. Did you get a written eviction notice?

  1. No: Landlords must give tenants written notice to start the legal eviction process and go through the courts (except for very limited exceptions) to evict you. Your landlord cannot just tell you to move out. Text messages or short emails likely will not be enough to count as legal written notice. Your landlord also cannot just change the locks, turn off the power, refuse to make repairs, or do other things meant to cause you to leave. This is illegal and called a “self-help” eviction.
  2. Yes: Read the notice carefully and pay attention to the dates. We strongly recommend that you seek legal advice as soon as possible. There are different types of notices depending on the reason your landlord wants to evict you and the type of housing you live in. Eviction notices are usually 3, 10, 30, 60, or 90 days but the most common notice is just 3 days (not counting weekends and holidays) starting from the day after you get the notice.
    1. The eviction notice may give you the chance to “cure or quit” before the end of the notice period. This means that you have time to fix the problem (“cure”) or move out (“quit”) by the deadline in the notice. If you fix the problem within the deadline, your landlord should not move forward with the eviction. Generally, it is helpful to send proof to your landlord that you fixed the issue before the deadline. Some examples include paying rent you owe, stopping a behavior that violates your lease, or something else. The notice should tell you what your landlord wants you to do. If you do not completely fix the problem until after the deadline in the notice, your landlord can still move forward with the eviction by filing the case in court.
    2. If the notice does not give you a chance to fix the problem (“cure”), or you disagree with the notice (for example, you didn’t do what the notice says you did), you have two options:
      1. You can respond to the notice in writing before the end of the notice period and explain why you disagree with the notice. For example, if the notice says that you owe more rent than you actually owe, you can respond in writing telling the landlord they are asking for more rent than you owe.
      2. You can do nothing and wait to see if your landlord moves forward to the next step and files an eviction case in court. This is called an “unlawful detainer” case. Your landlord can legally file the unlawful detainer in court as soon as the deadline in the notice passes. It is very risky to do nothing with a written eviction notice-- we strongly recommend that you seek legal advice before taking this option.
  3. Related Resources
    1. Proper Ways to Receive a Notice
    2. Learn More About the Type of Notice You Have
    3. Your Options After Receiving a Notice
    4. Determine if You are Covered by the Tenant Protection Act
    5. CA Attorney General’s Information Bulletin to Law Enforcement- Protecting Tenants Against Unlawful Lockouts and Other “Self-Help Evictions"

B. Did you get court papers (Unlawful Detainer Summons and Complaint)?

  1. If you were served with (handed) court papers for an eviction (“unlawful detainer summons and complaint”), read the papers carefully and pay attention to the dates/deadlines. You will need to file a response with the court quickly. You have 5 court (business) days from the day you got the court papers to file a response.
  2. The response that you file with the court is usually an “answer.” It is your chance to argue against the eviction and briefly tell your side of the story before the court case moves forward. It is very important to file a response within the 5-court day deadline, even if you cannot find legal help before that to help you with it.
  3. If you do not file a response in time, your landlord can ask the court for a default judgment on the 6th court day. A default judgment means your landlord automatically wins the case without you being able to tell your side of the story to the judge. This default judgment means that law enforcement can come, give you notice about your last day, and make you leave the property on the last day even if you are not finished packing and you have nowhere to go. The default eviction judgment can also show up in your credit report or other tenant reports if you apply for new housing in the future. You may still have some options for more time to challenge the eviction or more time to move out, but it will not be much time, and it is not guaranteed. We recommend seeking legal advice ASAP if you have a default judgment filed against you.

C. I got court papers for eviction. How do I get help filling out the paperwork or filing my response?

  1. If you need help, you can contact the court’s self-help center (https://selfhelp.courts.ca.gov/self-help/find-self-help) to get the forms. You can also contact your local legal services provider (https://www.lawhelpca.org/find-legal-help?subtopic=evictions&topic=housing ) for advice and to see if they may be able to represent you.
  2. If you are unable to find anyone to help you with the paperwork, you can use this online resource created by housing advocates to help you fill out the paperwork and guide you on your next steps after you fill out the paperwork: Tenant Power Toolkit, https://tenantpowertoolkit.org.
  3. If you are a low-income person or household, you can request a fee waiver so you do not have to pay the court filing fees.

D. My disability impacts my ability to fully participate in my eviction case. How do I request a reasonable accommodation from the court?

  1. You can request a reasonable accommodation from the court at any time during an unlawful detainer case (or any legal case) so you that have equal access to the court process. However, the reasonable accommodation process in court will not stop the eviction.
  2. Your request for a change to court rules or procedures must be related to your disability. Some examples of common court accommodation requests include:
    1. More time to do something
    2. More time to prepare for a hearing
    3. An assistive device if you are deaf or hard of hearing or have a vision impairment
    4. A remote appearance if you are at high risk of COVID-19 or have a mobility impairment that makes it difficult for you to travel to the courthouse.
  3. If the court asks for more information about your disability or your request for accommodation in front of other parties or other people at the courthouse, you can ask to talk about it in private.
  4. Most courts have request forms and a person in charge of reviewing these requests called an ADA Coordinator. The CA court form is here: https://selfhelp.courts.ca.gov/jcc-form/MC-410. The information page for the MC-410 form is here: https://www.courts.ca.gov/documents/mc410info.pdf. The information shared with the court on this form is confidential and will not be shared with your landlord unless you are requesting a change to a court date.

E. Am I still protected from eviction in California due to COVID-19?

  1. California’s COVID-19 protections for tenants primarily covered situations where tenants could not pay rent. The time period for those protections have ended. However, because different places may have had local protections that ended at different times, this impacts how your landlord can demand rent from you for certain time periods. If your landlord is trying to evict you for older rent, read the notice carefully for which months of rent the landlord has listed in the notice and seek legal advice.

F. Related Resources:

  1. DRC Publication: Self-Help Guide for Tenants Facing Eviction
  2. DRC Publication: How to Respond to an Eviction Lawsuit
  3. CA Court Self-Help Guide on Unlawful Detainer Court Papers
  4. CA Court page on Disability Accommodations in Court
  5. Finding Legal Help

Rental Assistance

A. Can I get help paying rent?

  1. For back rent or rent debt
    1. If you received an eviction notice for rent from previous months, you might be able to get help from local rental assistance organizations.
    2. There are organizations across the state who provide financial assistance to tenants on a case-by-case basis. Contact 211 for rental assistance resources in your area. https://www.211.org or call 211.
    3. Note that California’s statewide rental assistance program (ERAP) to help with rent debt due to COVID-19 stopped accepting applications on March 31, 2022.
  2. For current rent/ongoing rent help (subsidy)
    1. If you need help paying your monthly rent, there may be limited resources available to help you stay in your home. You can contact 211 by calling or going online https://www.211.org to find a local organization.
    2. See the next section on Affordable Housing for more information on options for long-term housing financial assistance.

Affordable Housing, Section 8

I need affordable housing/I need Section 8.

A. What is “affordable housing”?

  1. There are many types of affordable housing. They work in different ways and are managed by different entities. Depending on the location and availability, you may need to apply for the waitlists for different programs to access these housing programs. Here are some examples of common affordable housing programs:
    1. Section 8: “Section 8” generally refers to several types of HUD-subsidized housing programs for low-income people. Many people call the “Housing Choice Voucher” (“HCV”) program “Section 8”, but this is just one of the programs.
      1. The HCV program allows tenants to rent in market-rate housing and pay a set percentage (approximately 30%) of their income on rent while the government pays the rest. People in the HCV Program can move with their housing assistance to other cities and states.
      2. There is also “Project Based Section 8” where units are subsidized, but the tenant cannot keep the assistance if they move. They might, however, be able to move into another subsidized unit.
    2. Public Housing: This is a federally subsidized housing program for low-income people. Rent is based on the family’s income (approximately 30%). Generally, public housing tenants can only move to other public housing units unless there is an exception.
    3. Low-Income Housing Tax Credit (LIHTC) housing: This is a type of affordable housing for people with low-income that has limits on the maximum rent. The total rent amount in LIHTC housing is not based on a tenant’s income. Tenants with Section 8 HCVs may rent a LIHTC unit.

B. Do I have a right to affordable housing/Section 8?

  1. No, there is not a right to housing, to affordable housing, or to Section 8.
    1. The need for affordable housing is very high. Many waitlists are currently closed to applications and only periodically re-open their waitlists to new applications for a short time. If you need affordable housing, you must apply for the specific program and most applications are to a waitlist. Many waitlists are long, and people sometimes wait up to 10+ years to get affordable housing depending on the program.

C. If I lose my housing/get evicted, can I get affordable housing?

  1. No. Affordable housing is not a likely or quick solution if you lose your housing/get evicted. Some cities and counties have programs to prioritize tenants who receive certain types of eviction notices where the eviction is not because of something the tenant did (“no fault”, such as an owner move in or Ellis Act eviction). These programs vary across the state and have waitlists. There is no guarantee you will get affordable housing even if you are evicted and need replacement housing quickly.
  2. If you lose an eviction case (meaning you have a public eviction judgment on your record), this might also affect your ability to get re-housed, including in certain types of affordable housing, in the future.

D. Where should I start my search if I need housing?

  1. Low-income persons/unhoused persons/persons at risk of being unhoused can reach out to their local coordinated entry system as a starting point.
    1. Continuums of Care Key Contacts (Northern California): https://www.hud.gov/states/california/homeless/continuumcare/ncalcoc
    2. Continuums of Care Key Contacts (Southern California): https://www.hud.gov/states/california/homeless/continuumcare/scalcoc

E. Related Resources:

  1. San Diego Affordable Housing Advocacy Organization
  2. HUD (Housing and Urban Development) Affordable Housing Search
  3. National Low Income Housing Coalition Advocates Guide
  4. National Housing Law Project Resource on LIHTC
  5. Shelterforce article on LIHTC

Reasonable Accommodation and Reasonable Modification

I have disability access issues related to housing. What should I do?

A. Request a Reasonable Accommodation

  1. A reasonable accommodation is a change or exception to rules or procedures that gives a person with a disability an equal chance to fully use all the features and benefits of their home.
  2. Examples of reasonable accommodations include:
    1. More time to fix (“cure”) a lease violation at their unit
    2. Paying rent in a different way, such as by mail rather than in-person
    3. Having an emotional support animal in a building that has a no-pets policy.
  3. Do I have to pay for a reasonable accommodation?
    1. Your landlord cannot charge you fees or place special conditions on a reasonable accommodation.

B. Request a Reasonable Modification

  1. A reasonable modification is a physical or structural change to a unit or property for a person with a disability so they can fully use their home. This can be inside your unit or in common/public areas of the property.
  2. Examples of reasonable modifications include installing a ramp, or installing grab bars in the bathroom
  3. Do I have to pay for a reasonable modification?
    1. An important difference for reasonable modifications is that the person with a disability is usually responsible for paying for the modification.
    2. If you live in private housing (including renting from a private landlord with a Section 8 voucher), then you must pay for the modification. You may also need to pay to restore things back to how they were before in the unit if you move out.
    3. Your housing provider might have to pay for a modification if you live in housing that receives funding directly from the federal government. This rule applies to housing covered by Section 504 of the Rehabilitation Act of 1973, commonly called “Section 504”.
      1. Housing providers do NOT have to pay for a modification if it would cause an “undue financial burden” or would equal a “fundamental alteration of the program”.
      2. For example, if you request something that is very expensive or that the provider cannot afford (like an elevator), they may legally deny your request. Also, if you request something outside of the housing provider’s program (like putting in a swimming pool for physical therapy), they may legally deny your request.
    4. Note that each situation is different, and your housing provider should talk to you about other options that might meet your needs if they cannot grant your original request. Reaching an agreement about modifications may require multiple rounds of discussion, creativity, and compromise.

4. What if I cannot afford to pay for the reasonable modifications I need?

  1. Payment Options
    1. You can first ask your housing provider if they will pay for the modification so you can have an equal opportunity to use and enjoy your home. Even if they are not legally required to pay for the modification, they might be willing to do so.
    2. If you cannot afford the total cost and you cannot wait to save up the money because you need the modification as soon as possible, one option is to request a reasonable accommodation to have your housing provider pay up front and allow you to pay back the housing provider for the modification over time. Submit this together with your reasonable modification request.
  2. Other alternatives for paying for modifications
    1. Apply for housing that receives direct federal funding. However, see above (Affordable Housing, Section 8) for information about why this is not likely to be a fast option because of the limited availability of affordable housing programs.
    2. Look for a unit that already has the accessibility features that you need or does not have the barriers which make a reasonable modification necessary. If there are accessible units at your property, you can request a reasonable accommodation to move to an accessible unit.
    3. If you can find and rent an accessible unit somewhere else, consider requesting to break your lease without penalties (if applicable) as a reasonable accommodation and then moving.
  3. How do I request a reasonable accommodation or reasonable modification?
    1. You can make a request verbally, in writing, or through a representative. You do not have to use the terms “reasonable accommodation” or “reasonable modification” in your request, but it is a good idea to try to use those terms to make it clear that you are asking for something related to your disability. We also recommend you make your request in writing so you have proof of your request.
    2. Your request must be related to your disability. You may also need to give third-party verification of your disability and how it relates to your request.
    3. You can request a reasonable accommodation or reasonable modification at any time.
  4. Related Resources:
    1. DRC Publication: Housing Discrimination Based on Disability - Your Rights and Options, including sample letters
    2. DRC Publication and Video- our Right to Reasonable Housing Accommodations
    3. DRC Publication: Reasonable Accommodation and Modification Requests in Housing: Verification, including sample letters
    4. HUD-FHEO Information on RA and RM-
    5. HUD & DOJ Joint Statement- Reasonable Modifications Under the Fair Housing Act
    6. HUD FAQ on Section 504:

Assistance Animals: Emotional Support and Service Animals

A. What is an Assistance Animal?

  1. An assistance animal is “an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.”
  2. Service animals and emotional support animals are both types of “assistance animal.”

B. What is the difference between emotional support animals and service animals?

  1. A “service animal” is a dog or miniature horse that is trained to perform work or tasks that benefit a person with a disability. This can be a physical, sensory, psychiatric, intellectual, or other type of disability.
  2. Examples of tasks that service animals can do include preventing or interrupting impulsive or destructive behaviors, providing balance assistance, bringing medications to you, and removing you from a dangerous situation when you are disoriented.
  3. Do I have to identify my dog as a service animal?
    1. No. You do not have to have your service animal wear a special tag or vest unless they are in training.
  4. Can I take my service animal into public places?
    1. Yes. You are entitled to bring your service animal into public places. But you may not be able to have your service animal in a public place if the service animal:
      1. Poses a direct threat to others
      2. Is not under your control (such as on a leash or harness), or
      3. If the presence of the service animal fundamentally alters the nature of the goods, services, or programs provided by the business or government entity.

C. What is an emotional support animal?

  1. An “emotional support animal” is any animal that eases the effects of a person’s disability by providing comfort or support.
  2. Can I take my emotional support animal into public?
    1. There are no legal protections for bringing emotional support animals into public places. You cannot bring your emotional support animal into a public space that does now allow pets or other animals. You can bring your emotional support animal into a public space that allows pets or other animals.

D. How will having an Assistance Animal affect my housing?

  1. You have the right to bring your service animal into housing (including homeless shelters). The service animal cannot pose a direct threat to others, must be under your control, and cannot fundamentally change the nature of the housing.
  2. You do not have the right to bring your emotional support animal into housing (including homeless shelters) unless the emotional support animal is approved as a reasonable accommodation. You can request a reasonable accommodation to bring or keep your emotional support animal if it is necessary for your disability.

E. Related Resources:

  1. DRC Publication: Assistance Animals in Housing: Service Animals and Emotional Support Animals, including sample letter
  2. ADA.gov Frequently Asked Questions about Service Animals and the ADA
  3. CA Civil Rights Department- Emotional Support Animals and Fair Housing Law

Caregivers (Live-in Aides)

I need someone to move in with me to help take care of me because of my disabilities. What are my rights?

A. Live-in Caregiver in Private Housing

  1. Check your lease agreement to see if there are rules limiting the number of people who live in your unit (called occupancy limits or standards). These rules are generally in place to avoid overcrowding and unsafe living conditions. If you and your live-in caregiver cannot fit in your current unit, you might also need to request an exception to this rule or request to move to a bigger unit.
  2. If there are restrictions in your lease about someone moving in, you can request a live-in caregiver as a reasonable accommodation for your disability.
  3. Like other reasonable accommodation requests, your housing provider can verify: (1) the existence of your disability if it is not readily apparent, (2) the need for accommodation if it is not readily apparent, and (3) that the caregiver is qualified to provide the supportive services you need.
    1. Your housing provider is also allowed to do a background check if they normally do this screening for new tenants.
    2. If your chosen live-in caregiver does not pass your housing provider’s screening, they should still allow you to choose a different person to move in with you but will also be able to do a background check for them. If your housing provider screens for other issues and this causes you to be unable to get a live-in caregiver, seek legal advice to address your situation.
  4. Your housing provider might ask to update your lease agreement to add your live-in caregiver as an “occupant” to be clear that they do not have tenancy rights or obligations, but are allowed to live there to care for you.

B. Live-in Caregiver (called “Live-in Aide”) in Federally Subsidized Housing (For example, Public Housing and Section 8)

  1. Similar to private housing, you can request a live-in aide from your housing provider if you need someone to live with you to help care for you. The subsidized housing programs are generally more restrictive about having someone move in for any reason, and tenants are responsible for ensuring they follow program rules.
  2. Most subsidized housing programs have forms for you to request a live-in aide and provide their information. They may also be screened, and you may need to provide third- party verification that you need a live-in aide to move in and help you. If you have Section 8 voucher to rent from a private landlord, you may need to submit the request to both your landlord and to the Housing Authority.
  3. Live-in aides in federally subsidized housing are not considered household members.
    1. Their income is not considered in your rent calculations.
    2. A live-in aide does not have the right to stay in your unit if you move, have an extended hospital stay, or die. A live-in aide cannot be added to your household later: this means you cannot change their status from live-in aide to household member.

C. Related Resources:

  1. DRC Publication: Housing Discrimination Based on Disability - Your Rights and Options, including a sample letter
  2. DRC Publication: Reasonable Accommodation and Modification Requests in Housing: Verification including sample letters

Discrimination in Housing

I may have experienced disability discrimination related to my housing. What can I do?

A. What is discrimination?

  1. Discrimination is unequal treatment by a housing provider based on someone’s “protected class.” This means it is illegal to treat someone differently based on certain characteristics, like having a disability.
  2. Not all unfair or unequal behavior is illegal. California and Federal law protect people from discrimination by their housing provider based on disability, race, color, national origin, religion, sex (including gender identity and sexual orientation), and familial status. California law also protects people from arbitrary discrimination and discrimination based on immigration status, primary language, age, marital status, source of income, and military status.
  3. Discrimination laws protect you from discrimination by all housing providers. Housing providers include property owners, homeowners’ associations, realtors, housing lenders, and property managers.
  4. Most types of housing are also covered, including independent living housing, board and care homes, group homes, independent living homes, homeless shelters, and, in some cases, nursing facilities.

B. What can I do if a housing provider discriminates against me?

  1. You can file an administrative discrimination complaint
    1. California Civil Rights Department (CA CRD) Complaint
      1. CA CRD (formerly called the Department of Fair Employment and Housing- DFEH) is the state agency that investigates discrimination complaints related to housing discrimination under California law.
      2. The first step is to gather the identifying information about the housing provider, fill out the intake form, and explain what happened. The online form is here: https://calcivilrights.ca.gov/complaintprocess/?content=fileComplaint#fileComplaintBody. You can also print out the form and mail it or call 800-884-1684 (voice), 800-700-2320 (TTY) or California’s Relay Service at 711.
      3. CA CRD will look at the information you submit and decide whether they will accept your case for investigation. If they accept your case, CA CRD will investigate so that they can decide whether to file a lawsuit against the housing provider. Investigation means they will ask you for more information and evidence about what happened to see if they think your housing provider broke the law by discriminating against you.
      4. Information on what the complaint process will look like can be found on CA CRD’s website: https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/09/CRD-Non-Employment-Flowchart_ENG.pdf.
    2. US Department of Housing and Urban Development (HUD-FHEO) Complaint
      1. HUD-FHEO is the federal agency that investigates discrimination complaints related to housing discrimination under federal fair housing laws. HUD-FHEO deals only with federal law and not California law. They coordinate with CA CRD and can refer cases to CA CRD.
      2. The first step is to gather the identifying information about the housing provider, and then file a complaint with HUD-FHEO here: https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint. You can also file a complaint by phone (800) 669-9777, or you can print out the complaint form and mail it in.
      3. Information on what the complaint process will look like can be found on HUD-FHEO’s website: https://www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process
    3. Can I file a complaint on the same issue with both the CA CRD and HUD-FHEO?
      1. No. The two agencies coordinate and will not separately investigate a complaint on the same issue. Both agencies also tend to have a wait time of a few weeks to a few months to review your intake/complaint form.
      2. You can file your housing discrimination complaint with either agency, though HUD-FHEO may ultimately refer your case to CA CRD for completion of the investigation.
  2. You can sue your housing provider through a private lawsuit or in Small Claims Court.
    1. How do I sue my property owner? Do I have to first file a discrimination complaint with a government agency (CA CRD or HUD-FHEO)?
      1. If a housing provider discriminates against you because of your disability, you can sue them in federal or state court. You do not need to file a complaint with a government agency before suing.
      2. If your claim is for $12,500 (CA Small Claims limit as of 2024) or less, you can sue in small claims court. The small claims process is less expensive and usually much quicker to reach a resolution. The rules are simple and informal, and lawyers are not allowed in small claims court, so everyone represents themselves. You can file a claim against a business (and/or an employee of the business) for breaking federal laws, such as the ADA or the Fair Housing Act, or any of the California laws that protect you from discrimination. If you sue in small claims court, you can only ask for money. In small claims court, you cannot ask for a court order (injunction) to make a business do something or stop doing something.

C. Related Resources:

  1. DRC Publication: Housing Discrimination Based on Disability - Your Rights and Options, including a sample letter
  2. CA Civil Rights Department Fact Sheet- Public Access Discrimination and Civil Rights
  3. HUD-FHEO Title VIII Complaint Intake, Investigation, and Conciliation
  4. DRC Publication: A Guide to Small Claims Court: How to sue if a business or landlord discriminates against you because of your disability

Communicating with the Housing Authority and Other Housing Providers

A. What is a Housing Authority?

  1. A Housing Authority is a local government agency (usually city or county based) that manages subsidized housing programs. The most common programs are “Section 8” vouchers and Public Housing. Depending on the area, there may be more than one Housing Authority, and there may be other government agencies that manage other types of housing programs.

B. Why is it important to communicate with the Housing Authority?

  1. If you have a Section 8 voucher or other housing assistance administered by the Housing Authority, or another a government agency, it is important to respond to notices and make sure you understand the program rules. These programs have reporting requirements and recertification requirements for you to keep receiving housing assistance and remain in the program. If you lose your housing assistance, you could lose your housing.
  2. Make sure to protect yourself! One common problem people have is that they reported something to the Housing Authority or sent in paperwork and then there is no record of the conversation, or the paperwork gets lost. You can protect yourself by keeping copies of your own records so you can prove that you followed the rules if you need to later.

C. How should I communicate with my Housing Authority and/or my landlord?

  1. Communicating in writing (letter, fax, email, text) is best. If you communicate verbally, you can send a follow up in writing to confirm what you talked about.
  2. Read and keep copies of all notices and communications. If you send a printed form or letter, keep copies and proof of when and how you submitted them (for example, if you mail, use certified mail if possible). If you turn in paperwork in person, ask for a dated receipt.
  3. Read and make sure you understand documents before signing them. It is best to ask questions up front because once you sign the document, it will be hard to back out of it.
  4. You have the right to communicate in your primary language and to effective communication. Request an interpreter if you need one (even if you speak some English or feel comfortable using English in other settings). Translated or large print forms might also be available. If you need accommodations in your communications with the Housing Authority and/or your landlord, you can request the accommodations.

D. What if the Housing Authority or my landlord retaliates against me (punishes me by trying to evict me, raising my rent, turning off my utilities, threatening or harassing me) for asking for something?

  1. By law, you are protected from retaliation and you have the right to:
    1. Complain about problems in a rental unit to a landlord or government agency.
    2. Request the repairs that you need.
    3. Have a government agency inspect the unit.
    4. File an administrative complaint.
    5. File a lawsuit, on your own or consulting a private attorney, based on issues with the rental unit.
  2. The protection from retaliation means you may be able to argue retaliation as a defense against an eviction, or you may be able to sue the housing provider for retaliation that has harmed you.

E. Related Resources:

  1. DRC Publication: 15 Tips for Self-Advocates
  2. DRC Publication: Retaliation By Your Landlord

Temporary Relocation for Repairs

My landlord told me my unit needs repairs and I need to move out while repairs are being made.

A. How can I protect myself so that I can move back into my unit?

  1. Communicate in writing (letter, fax, email, text).
  2. Keep records of all communications (both physical and digital).
  3. Read any documents carefully before signing them. Do not sign anything agreeing to give up your apartment.
  4. If you have local rent control, there might be additional protections. You should check the local law by seeing if there is a local rent board or tenant’s union.

B. Can my landlord evict me because they need to do repairs?

  1. Maybe. You should check if there are local laws applicable to your area (city and/or county) and the rules applicable to your housing.
  2. If the Tenant Protection Act applies, landlords are allowed to evict tenants if the property will be “demolished or substantially remodeled.” Starting April 1, 2024, there are specific rules landlords must follow, such as getting building permits, before issuing an eviction notice for “substantial remodel.” If you get an eviction notice for this type of eviction, seek legal help for reviewing the notice and legal advice.

C. Am I entitled to temporary relocation assistance?

  1. Maybe. Relocation assistance is available only in some cases. You should check your lease agreement and check if there are local laws applicable to your area (city and/or county). Many local rent control laws also include rules about temporary relocation assistance for tenants. Some subsidized housing programs also have rules for temporary relocation assistance.
  2. If a court ordered your landlord to make the repairs, you may be entitled to temporary relocation assistance.

D. What if my landlord does not pay me legally required relocation assistance?

  1. You may have to sue the landlord in court or file a complaint with your local rent board to enforce the law and get your relocation assistance or other expenses reimbursed.

E. Related Resources:

  1. DRC Publication: 15 Tips for Self-Advocates

Withholding Rent

A. What is withholding rent?

  1. Withholding rent is when a tenant stops paying rent or pays partial rent as a protest for the landlord’s failure or refusal to fix serious maintenance issues, such as when the heat or water are not working.
  2. There are specific rules under the law when a tenant is legally allowed to withhold rent.

B. When can a tenant withhold rent?

  1. In California, withholding rent is a risky tactic and could put you at risk of eviction. For Section 8 Voucher holders, withholding rent could also put you at risk of losing your voucher. We strongly recommend anyone considering withholding their rent to first consult an attorney or housing advocate before withholding rent.
  2. You must notify your landlord before starting to withhold rent that you intend to withhold rent so that they can fix the problems in a reasonable amount of time (usually within 30 days). Here is a sample letter: https://www.nolo.com/legal-encyclopedia/sample-letter-landlord-you-intend-withhold-the-rent.html
  3. You can pay for the repairs yourself using up to one month’s worth of rent.
  4. The conditions making your home unhabitable must not be your fault.

C. Should I withhold my rent?

  1. Withholding rent is very risky and comes with a potential risk of eviction. Even if you follow all the rules for withholding rent, your landlord might still try to evict you for not paying rent, and there is no guarantee you will win if you end up in court. Keep in mind that if you lose an eviction case, it can show up on your credit for seven years.
  2. As an alternative to withholding rent, there are other options for dealing with habitability issues such as complaining to your local Code Enforcement agency or suing your landlord.

D. Related Resources:

  1. Housing and Economic Rights Advocates’ Tenants Legal Rights Information page
  2. California Tenants guide from the Department of Real Estate (page 55-57)