The Unique Role of a Juvenile Court Judge

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HOUSING SOLUTIONS
2007 Annual Training Conference April 26 27,
2007- Sacramento
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Pamela Miller
Collaborative Justice Coordinator
Tim Smith Vice President MHS,INC.
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HOUSING SOLUTIONS
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What is the number one issue for drug court
clients?
Housing!!
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What are the basic housing needs for most drug
court clients?
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• Homeless shelters
• Criminal defendants coming straight from jail
  have no where
• to go except back to their using friends.
• Dependency parents after loosing children also
  loose their
• AFDC, HUD housing and other funding.

• Sober living/ structured temporary living
  arrangements while
• client settles into the program.

• Stable living environment - Reunification of
  families depends on the parents ability to
  provide safe and sober permanent housing.

• Legal assistance for those with bad credit or
  evictions

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Resources for homeless shelters/ sober living
can be obtained through
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• 211 is an easy to remember three-digit dialing
  code that enables callers to access thousands of
  health and human service programs throughout
  their county 24 hours per day, 7 days per week
  and is TTY accessible.

• Community Resource Books
• Rainbow Resource Directory for Southern
  California
• Ordering information 714-755-5450

• Department of Social Services

• Probation

• Community partners (churches, non profits,
  hospitals)

• Internet
• www.nationalhomeless.org/resources/local/californi
  a.html

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Local Resources for Low Cost Housing
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• County Housing Authority

• Master leasing through a non-Profit

• Program set up between County agencies, court and
  HUD.

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Legal Aspects Relating to Housing
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• Shelter is a basic human need.
• Many parents become homeless when children are
  removed from their care.

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• In dependency proceedings, the ability to obtain
  and/or maintain suitable housing is critical.
• It is essential to be concerned with housing
  issues at all stages of the proceedings!

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Essential to recognize that all tenants have
legal rights relating to their housing!
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Issues Relating to Housing Effecting Parents with
Substance Abuse Issues
Evictions

• 3-day notice to pay rent or quit
• 3-day notice to cure covenant or quit
• 3-day notice to quit
• 30 or 60 day notice to quit
• Special notices related to govt subsidized
  housing

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Unlawful Detainer Actions are a creature of
statute and MUST be strictly complied with to
evict a tenant.
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Tenants are protected from self-help actions by
the landlord!

• Prevent access by changing the locks or using a
  bootlock or by any other similar method or device
  
• Interrupt or turning off utilities
• Remove doors or windows
• Take tenants personal property or furnishings.

Civil Code 789.3
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Landlords Violating Civil Code 789.3 Shall Be
Liable to the Tenant for Actual Damages and Daily
Statutory Damages
Civil Code 789.3(c)
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To preserve these rights, it is urgent for the
tenant to immediately obtain competent legal
counsel!
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Legal Services Corporation Provides Free Legal
Services to Qualified Indigent Clients
Current listing at http//www.lsc.gov/map/state_T
32_R6.php
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Competent legal counsel can recognize available
defenses and/or can negotiate settlement
agreements benefiting the tenant!
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The dreaded Investigative Consumer Report
(blacklist)!
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Protections Provided By Civil Code 1786
Regulating Investigative Consumer Reporting
Agencies
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Investigative consumer reports shall not contain
information regarding unlawful detainer actions
where the defendant was the prevailing party or
where the action is resolved by settlement
agreement.
Civil Code 1786.18(a)(4)
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Legal Services to Eliminate Investigative
Consumer Reports Revealing Criminal Records
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Records of arrest, indictment, information,
misdemeanor complaint, or conviction of a crime
that, from the date of disposition, release, or
parole not more than seven years prior to the
report can be reported.
Civil Code 1786.18(a)(7)
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No reporting in the case of a conviction, where a
full pardon has been granted or, in the case of
an arrest, indictment, information, or
misdemeanor complaint, a conviction did not
result.
Civil Code 1786.18(a)(7)
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California Judicial Councilwww.courtinfo.ca.gov/s
elfhelp/other/landten.htm
Want more info?
California TenantsCA Dept of Consumer
Affairswww.dca.ca.gov/publications/landlordbook/i
ndex.shtml
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Questions