By Terea Williams, Registered Legal Aid Attorney
An eviction, unlawful detainer case is an extremely stressful experience for a client, and even more so when they do not have the assistance they need while going through the process. My client, James Brush (fictitious name), a disabled middle-aged man who has issues with his memory, was grappling with an eviction case that was overwhelming to him and that he could not address on his own.
He sought Community Legal Aid SoCal’s (CLA SoCal) help with the eviction notice he received because of his failure to recertify his Section 8 status back in April 2023. Before reaching out to us, opposing counsel was pressuring him to sign an agreement that he had never seen and was never fully explained to him. Sadly, Mr. Brush was involved in a hit and run accident in May of 2023 and therefore had no memory/recollection of anything prior to that date. Additionally, even before the accident, he was already dealing with gaps in his memory. The apartment that Mr. Brush and his son have called home since 2020 was not something that they could afford to lose. It was and is their sanctuary, and critical to their feeling of safety, well-being, and happiness.
Delving into the case
I began to look deeply into his failure to recertify and other related items with the assistance of our subsidized housing advocates and my dedicated paralegal Marie Mizokami. Reviewing the rent ledger, it appeared that although Mr. Brush failed to recertify, the Section 8 adjustment was still being done, therefore reducing his tenant portion amount. Furthermore, rent continued to be paid and accepted by the landlord even after Mr. Brush’s failure to recertify. In late November of 2023, another certification was done and approved.
At the time of recertification, there was no mention to Mr. Brush of his failure to recertify in April 2023. He was baffled by these things and filled with anxiety. These points of concern were what I planned to use as negotiation/leverage with opposing counsel.
Making our way to the outcome
After discussing the points with opposing counsel and bringing up my concerns to him, he spoke with his client. While they couldn’t look past the fact Mr. Brush failed to recertify in April 2023 after receiving three notices beginning in December 2022, the property manager was amenable to reinstating his Section 8. This was good news that got even better when they also agreed to back-date Mr. Brush’s recertification to July of 2023. As it was, the payment plan that had originally been sent to them estimated that Mr. Brush owed over $5,000. Allowing the back dating of his recertification to July of 2023 lowered his past due balance to $3,300. We and Mr. Brush were very pleased with this outcome.
Providing holistic assistance
Since Mr. Brush is still awaiting his disability payments and until he starts to receive them, he is required to pay an additional $20 a month on top of his tenant portion of the rent. To address this, I worked with the CLA SoCal Case Management team as they expeditiously applied to the Housing Rights Center for rental assistance to pay off the arrears. The rental assistance was recently granted and much to Mr. Brush’s relief he will now not be required to pay the additional $20. This puts him in position to have the entire issue behind him and enables him to comfortably move forward unencumbered and without further worry.
On a personal note
This case and story, like many others, reinforces for me that I am working in the right field and the right place. I am passionate about helping those in the community who need our assistance with their housing issues, and I am committed to being their voice and guiding light as they deal with their challenges and predicaments. I am forever grateful to be playing a part in carrying out CLA SoCal’s mission to provide our client community with compassionate, holistic, and impactful legal services.
