Alameda City Prosecutors Obtain $15,000 Settlement
Published on October 12, 2021
Alameda City Prosecutors Obtain $15,000 Settlement To Resolve Harassment And Wrongful Eviction Claims Raised by Elderly Tenant
The Prosecution Unit of the Alameda City Attorney’s Office has reached a settlement with an Alameda landlord to successfully resolve claims that he violated the City’s tenant protection and fair housing laws.
Marjorie Davison, a local elderly resident and employee of a local nursing home, had rented for more than 13 years an Alameda apartment owned by landlord Alfred Garcia. Garcia owns multiple residential properties in the area, as well as an appliance and building supplies business.
Davison reported that in 2020, her landlord began repeatedly directing her to vacate her home, because he was selling the property. She also alleged that her landlord stopped accepting her rent payments. Davison, believing that she had no other choice, eventually vacated her home of 13 plus years in April 2021, even though she had not been able to secure new permanent housing.
Local law prohibits landlords from evicting tenants without just cause. (This is in addition to the emergency tenant protections due to the Covid pandemic.) The law also prohibits owners from harassing or pressuring tenants to make them vacate their homes.
“Unfortunately, many people still don’t know about these important housing laws,” said City Attorney Yibin Shen. “Even before Covid, landlords couldn’t simply give their tenants a 30-day notice to leave. There had to be ‘just cause’ - a violation of the lease or other legal basis for the owner to evict.”
Under the settlement, the landlord is paying a total of $15,000.00. Of this amount, $12,000.00 will go to Ms. Davison to help transition her into a future permanent new home, compensate her for the disruption and other damages resulting from vacating against her wishes.
Local law provides landlords with lawful means to persuade their tenants to vacate when the tenant is not planning to leave: a “buyout.” This is where the landlord pays the tenant money in exchange for giving up their tenancy. However, buyouts must be voluntary, and must follow detailed rules under local law – including everything in writing and filed with the City.
“The City of Alameda has a strong policy of producing, protecting, and preserving housing, especially affordable housing, in our community,” said City Attorney Shen. “Our office is committed to justly enforcing state and local fair housing laws and ensuring that Alameda remains a place that people from all income levels and backgrounds can call home.”
The Alameda City Attorney Office’s Prosecution Unit educates the public and enforces the laws governing fair housing and consumer protection in our community.
If you have questions or would like to report an issue, please contact the Prosecution Unit at 510-747-4772 or email cityprosecutor@alamedacityattorney.org.