Representing Tenants in Unlawful Detainer Actions in San Francisco 2012
Thursday December 13
2012
- By: Practising Law Institute
- Time: 9:00 AM - 12:30 PM
- Time Zone: Pacific Time (US & Canada)
- CLE Credit
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Location:
Practising Law Institute- San Francisco Conference Center685 Market Street, Suite 100San Francisco, CA
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Contact:
Christina ThompsonPractising Law Institute(415) 498-2805
- Website: www.pli.edu
- Source: Bay Area
Representing Tenants in Unlawful Detainer Actions in San Francisco 2012
December 13, 2012
In-Person at PLI San Francisco Conference Center & Via Live Webcast
9:00 a.m. - 12:30 p.m.
FREE!
Why You Should Attend
For low-income families who often do not have the benefit of legal counsel, eviction can mean homelessness. Most are unrepresented. Won't you volunteer to help those in our community who are most vulnerable? Get the legal training you need at this half-day program and then sign up with The Volunteer Legal Services Program of The Bar Association of San Francisco and make a difference.
What You Will Learn
• The several types of housing and rent ordinances
• The various defenses that may be available in the Unlawful Detainer action
• How to use discovery in Unlawful Detainer actions
• An inside view of the settlement conference
• How to prepare and conduct the trial
Who Should Attend
Attorneys who would like to provide pro bono representation to low-income clients in unlawful detainer actions will learn what they need to know.
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Program Schedule
9:00
Program Overview
Carolyn Gold
9:15
Types of Housing; Rent Ordinance
• Rent Control
• Subsidized Housing
? SFHA
? Project Based subsidies
? Section 8 voucher program
• Rent Ordinance
? Rent Control
? Eviction Control-dominant motive
? Defenses to eviction
? Nonpayment
• habitability
• waiver
• retaliation/discrimination
? Habitual late payment
• factual defense
• waiver
• retaliation/discrimination
• dominant motive
? Subletting-subletting in violation of rental agreement
• factual defense
• waiver
• retaliation/discrimination
• dominant motive
• oral agreement
• Rent Ordinance section 6/14 and 6/15-subsequent occupants
• Costa-Hawkins limits defenses to subletting
? Nuisance
• factual defense
• reasonable accommodation
• waiver
• retaliation/discrimination
• dominant motive
? Owner Move-In
• factual defense
• moratorium
• relocation
• waiver
• retaliation/discrimination
• dominant motive
? Ellis Act
• Procedural defense
Thomas E. Drohan, Carolyn Gold, Phillip R. Morgan, Cathy Mosbrucker, Ora Prochovnick
10:15
Overview of an Unlawful Detainer Case
• EDC (Eviction Defense Collaborative)
? What it does
? Rental assistance
• Discovery
? Why and under what circumstances it can be useful
? Non discovery investigation methods
? When to take depositions
? Court Reporter Transcript Fund
? Other rules of thumb
• Settlement
? What happens at Settlement Conference
? Different approaches to settlement
? Pay and stay
? Move out
? Landlord pays tenant
? Repairs
? Sixty-day curtain
• Trial
? Trial Briefs, Jury Instructions, Motions In Limines
? Trial resources
Thomas E. Drohan, Carolyn Gold, Phillip R. Morgan, Cathy Mosbrucker, Ora Prochovnick
11:15
Networking Break
11:30
Subsidized Housing
• How Rent is Calculated
? Income exclusions
? Evictions from subsidized housing
? Look to Lease-good cause required
? Different notice periods
? Common types of evictions
• Violation of lease in not reporting income
• Non payment
• Nuisance
• One Strike
? Law governing evictions from HUD subsidized housing
Thomas E. Drohan, Carolyn Gold, Phillip R. Morgan, Cathy Mosbrucker, Ora Prochovnick
12:30
Adjourn
Faculty
Chairperson
Carolyn Gold
Supervising Attorney
Volunteer Legal Services Program, The Bar Association of San Francisco
San Francisco, California
Thomas E. Drohan
Staff Attorney
Legal Assistance to the Elderly
San Francisco, California
Phillip R. Morgan
Staff Attorney
Bay Area Legal Aid
San Francisco, California
Cathy Mosbrucker
Mosbrucker & Foran
San Francisco, California
Professor Ora Prochovnick
Director of Clinical and Public Interest Law Programs
John F. Kennedy University College of Law
Pleasant Hill, California