Helping Seniors Navigate from Social Services to Legal Services

Landlord Tenant Law

Presented by: Megan Yip, Esq.

Landlord Tenant Law

● Overview● Hypothetical 1 - Receiving a Notice● Hypothetical 2 - Is Independent Living Still

Right?● Connecting with Resources

What is Landlord / Tenant Law

● Habitability / Repairs● Privacy & Quiet Enjoyment● Moving Out● Terminating Tenancies ● Evictions● Subsidized Housing / Federal Housing

Benefits

Landlord Tenant Law & Seniors

● Limited income● Goals are less clear● Dependence on others (track, communicate)● Age-ism● Need for accommodations is greater● Denial ● Less mobile (macro & micro)

Today’s Focus

● How Can My Skills as a Social Worker help my clients navigate the Landlord / Tenant Relationship, especially when a legal action has been taken?

o Interviewingo Connecting with Experts

Receiving a Notice

Client Point of View• This is my home• I can’t afford the time,

energy or money to move• Keeping this home is a

point of pride.• The landlord is an

adversary

Landlord Point of View• This is my business –

livelihood• I need to collect payment

to pay for the building and keep the business running.

• I want my tenants to be safe and happy.

Receiving a Notice

Social Worker – POV• I want to determine what my

clients needs are so I can help meet them and empower them to help themselves.

• Help get complete information to attorney or expert.

• Help client follow the

attorney’s advice.

Attorney – POV• I need to understand the facts,

so I know what law applies. • Only with enough information

can I advise my client correctly and / or advocate on their behalf

Receiving a Notice - Hypo 1

Mary’s apartment is her home. She has been there for more than 10 years and often talks about how much she loves it, especially the morning light that comes in her eastern facing window when she’s having her coffee.At a recent meeting, Mary nervously pulls out a notice from her building manager, right before she’s about to leave. She asks you to take a look at it as she turns to leave your office. She’s clearly embarrassed.

Receiving a Notice - What Next?

Interviewing● What are we hoping to learn?● What questions are we going to ask?

What’s Really Going On?

• Mary’s notice is a notice to pay rent or quit.• Mary has a payee. • There is money in Mary’s bank account, but we don’t

know what is going on with the payee.

Receiving a Notice - What Next?

Connecting With Experts● What questions do we have to answer to get

help for the client? ● What are some possible next steps? ● Who can help you take those next steps?

Is Independent Living Still Right? - Hypo 2

Howard has been forgetting things between meetings, but he has always struggled with staying engaged. He’s always preferred getting lost in a book or a movie. Recently, his landlord left you a voicemail suggesting he was calling at Howard’s request, but didn’t say why. When you asked about his landlord in the last meeting, Howard muttered a few aggressive words about the landlord and

then withdrew into himself. Today, Howard’s niece faxed you an eviction notice.

Independent Living - What Next?

Interviewing● What are we hoping to learn?● What questions are we going to ask?

What’s Really Going On?

Howard is suffering from dementia.He has been getting frustrated and acting out against some of his neighbors and the staff at the building where he lives. People have complained to the management. He has also wandered off and been returned to the building by the police after they have had to trick him out of sharing his ID to figure out where he lives. The management is scared they can’t care for Howard. The eviction notice cites breaking house rules as reason for eviction.

Indep. Living Still Right?

Client’s - POV• This is my home.• I can’t imagine moving.• I’m fearful of nursing home.• Staying independent is a

point of pride.• The landlord is

scapegoating me.

Landlord’s - POV• This is my business –

livelihood• I need to collect payment to

pay for the building and keep the business running.

• I don’t run a nursing home.• I want my tenants to be

safe* and happy.

Indep. Living Still Right?

Social Worker - POV• I want to determine what my

clients needs are so I can help meet them and empower them to help themselves.

• Help get complete information to attorney or expert.

• Help client follow the

attorney’s advice.

Attorney - POV• I need to understand the

facts, so I know what law applies.

• Only with enough information can I advise my client correctly and / or advocate on their behalf

• I need to understand the client’s needs so I can advocate for the right thing

Independent Living - What Next?

Connecting With Experts● What questions do we have to answer to get

help for the client? ● What are some possible next steps? ● Who can help you take those next steps?

Connecting With Resources

Bay Area Legal Aidwww.baylegal.org

Lisa Greif, Staff Attorney

Connecting With Resources

Legal Services● East Bay Community Law Center

o www.ebclc.org

Mediation Services● SEEDS Community Resolution Center

o http://www.seedscrc.org/

Thank Youfor attending and collaborating

*To BACS for hosting

*To Borchard Foundation for funding