Sample Letter to local California PHA
Re: Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 29 Cal. Rptr.3d 262 and California Civil Code section 1954.535 Dear
614 Grand Avenue, Suite 320 Oakland, California 94610 Telephone: 510-251-9400 Fax: 510-451-2300 nhlp@nhlp.org www.nhlp.org
I am writing to bring to your attention the recent California Supreme Court decision, copy enclosed, regarding California Civil Code section 1954.535 requiring California Section 8 voucher landlords to provide 90-days notice of termination of tenancy. The Supreme Court ruled that the 90-days notice is required throughout the state, in both rent control and non-rent control jurisdictions, and that the 90-days notice is applicable when the Section 8 voucher landlord terminates the lease as well as when the landlord terminates the Section 8 Housing Assistance Payment (HAP) contract. As the administrator of the Section 8 voucher program for __________ County, the _______ housing authority should inform Section 8 voucher holders and landlords of this 90-days notice requirement. Information about the notice requirement should be incorporated into the materials provided by the _________ housing authority to Section 8 voucher holders and landlords. An addendum to the HAP contract should include the 90-days notice requirement. Landlords should be further advised that if they use their own lease in addition to the standard Section 8 voucher lease addendum, they should include reference to the 90-days notice requirement. I am willing to assist in drafting these materials and I would like an opportunity to review and comment on the ______ housing authority’s revisions. Please call me at _________ if you would like to discuss this information.
Yours truly,
Enclosure
Washington Office 727 Fifteenth Street, NW, 6th Floor $ Washington, DC 20005 $ Telephone: 202-347-8775 $ Fax: 202-347-8776 $ nhlp@nhlp.org $ www.nhlp.org
Sample Notice for California Section 8 Voucher Holders ATTENTION CALIFORNIA SECTION 8 VOUCHER HOLDERS 90-DAYS TERMINATION (EVICTION) NOTICE REQUIREMENT If you receive Section 8 voucher rental assistance and your landlord wants to terminate your tenancy, without stating a reason or because your landlord no longer wants to participate in the voucher program, your landlord must give you a 90-days notice of termination of tenancy. If your landlord gives you a 30-days notice of termination of tenancy, without stating a reason or if the reason is because the landlord no longer wants to participate in the voucher program, you should send the landlord a letter telling the landlord that s/he must give you a 90days notice of termination of tenancy. You should give your landlord such a letter before the end of the 30-days period, and you should pay your rent. If you do not pay your rent, your landlord can serve you with a 3-days notice to pay rent or quit. If your landlord files an unlawful detainer (eviction) complaint against you based upon the 30-days termination notice, you should put in your answer that the termination notice is improper because the landlord should have served you with a 90-days notice under Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 29 Cal. Rptr.3d 262 and California Civil Code section 1954.535. If your landlord gives you a 30-days notice of termination of tenancy and includes a “good cause” reason for your eviction, then the 90days notice rule does not apply. “Good cause” generally refers to serious tenant misconduct or a serious or repeated breach of an important term or terms of the lease. Also, your landlord cannot terminate your tenancy based upon a 90-days notice before the end of a fixed term (i.e., the effective date of the termination cannot be prior to the end of the term of the lease). However, the landlord can terminate with a 30-day notice that includes a “good cause” reason for your eviction. On the next page is a sample letter that you can send to your landlord if you get a 30-days termination notice that does not include “good cause” for your eviction. Send this letter before the 30-days are up.
Sample Letter for California Tenant to send to the Landlord Date: To: _________________ _________________ _________________ _________________
Dear Landlord I am writing this letter in response to the 30-days notice of termination dated _________. The Section 8 voucher Housing Assistance (HAP) contract requires that the landlord certify that the lease is consistent with state and local law. The California Supreme Court ruled that California Civil Code section 1954.535 requires a landlord who is terminating a Section 8 voucher tenancy, for no reason or because the landlord no longer wants to participate in the voucher program, to give the tenant a 90days notice. Therefore, the 30-days notice is invalid and I am asking that you rescind (withdraw) the notice. Sincerely, ________________ Tenant name
Sample Letter advising the local California landlord tenant court of Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 29 Cal. Rptr.3d 262 Re: Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 29 Cal. Rptr.3d 262 and California Civil Code section 1954.535 Honorable Judge _________ I am writing to bring to your attention the recent California Supreme Court decision, copy enclosed, regarding California Civil Code section 1954.535 requiring California Section 8 voucher landlords to provide 90-days notice of termination of tenancy. The Supreme Court ruled that the 90-days notice is required throughout the state, in both rent control and non-rent control jurisdictions, for Section 8 voucher tenancies and that the 90-days notice is applicable when the landlord terminates the lease, for no cause, as well as when the landlord terminates the Section 8 Housing Assistance Payment contract. I request that you share this letter and the enclosed decision with your colleagues. Thank you for your attention to this matter. Yours truly,
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