EvictionCourtWatchSCC

We are a coalition of tenants’ rights organizations observing Eviction Court in Santa Clara County and documenting (in)justice. #HousingisaHumanRight

[EvictionCourtWatchSCC @CourtWatchSCC]

We're launching an Eviction Court Watch in the Santa Clara County Superior Court.

Here's three reasons why:
🧵1/5

[EvictionCourtWatchSCC @CourtWatchSCC]

There are TWENTY eviction cases set for trial this morning. There were 18 eviction trials scheduled last Wednesday, and 18 the Wednesday before that. These are the highest numbers we've seen since beginning Courtwatch.

[EvictionCourtWatchSCC @CourtWatchSCC]

Rent relief is only funneling public money to landlords with no guarantees of any protections for tenants.

Free legal counsel for tenants is the only way to level the imbalance of power playing out in every case. It will keep more families housed and save costs!

4/4

[EvictionCourtWatchSCC @CourtWatchSCC]

This week at eviction court at least 51 cases will come before the judge.

At our last court watch day there were 16 cases & ONLY 1 tenant had a lawyer. Although that tenant had to move out of their home, if they did so by the agreed date, their landlord would pay them...

1/4

[EvictionCourtWatchSCC @CourtWatchSCC]

In Dec, SJ city council voted to use $2.3million from Measure E - a property transfer tax that is supposed to pay for affordable housing - towards rent relief.

ONE case that day owed 40k+ in back rent. This money could barely cover 2 days in eviction court. It is a bandaid.
3/4

[EvictionCourtWatchSCC @CourtWatchSCC]

The state and federal rental assistance programs have ended. With minimum wage at $16.20 and housing costs so high, where can tenants get the support they need to get safe and stable homes?

[EvictionCourtWatchSCC @CourtWatchSCC]

In one case, both the landlord and the tenant were represented by an attorney and they had agreed to a stipulation that the tenant would pay more than $30,000 by the 28th of this month to be able to stay. This tenant is supported by the SJ Eviction Diversion Settlement Program

[EvictionCourtWatchSCC @CourtWatchSCC]

The San Jose Eviction Diversion Settlement Program is a small program run by the housing department aiming to prevent evictions. Unfortunately, this is a last resort and is not open to most tenants.

[EvictionCourtWatchSCC @CourtWatchSCC]

After years in his home, the tenant has to find a new place to live. The commissioner reminded him of the support available to him and encouraged him not to go through this alone.

[EvictionCourtWatchSCC @CourtWatchSCC]

We witnessed one case that resulted in eviction, the tenant has been living for many years with a family member. The landlord’s attorney had the property manager read from the lease which listed other tenants and prohibited others from living in the unit.

[EvictionCourtWatchSCC @CourtWatchSCC]

The tenant spoke and testified to how long he had been there and his relationship with his family members. The commissioner said “I understand your relationship…but you do not have a legal claim” and “the law in this case isn’t fair”.

[EvictionCourtWatchSCC @CourtWatchSCC]

If landlords can afford to pay attorney retainer fees and property managers’ wages, why do they need thousands of dollars in back rent?

[EvictionCourtWatchSCC @CourtWatchSCC]

One day last week, the housing court heard 13 cases between 9:30-11:40am in department 4. Only 5 tenants had lawyers present today, one tenant said he had a lawyer who did not show up. All but one landlord had an attorney.

[EvictionCourtWatchSCC @CourtWatchSCC]

We notice often the “plaintiff” or landlord has an attorney representing them and very few times comes as well. When someone besides the attorney is present, it is often a property manager.

[EvictionCourtWatchSCC @CourtWatchSCC]

How many more tenants were wrongfully evicted by this man before the Court found him out?

[EvictionCourtWatchSCC @CourtWatchSCC]

Can tenants be evicted by someone who does not own their rental property?🧵

[EvictionCourtWatchSCC @CourtWatchSCC]

Our Courtwatch data shows in the month of October, at least five cases filed by Maher J. Louis were heard in Court. Three cases were dismissed, but two were not, and in one, Maher was able to receive an eviction judgment against tenants who missed their trial date.