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California Pro Bono

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
  • Location:
    Practising Law Institute- San Francisco Conference Center
    685 Market Street, Suite 100
    San Francisco, CA
  • Contact:
    Christina Thompson
    Practising 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


National Practice Areas

Pro Bono and legal aid attorney resources - Pro Bono Net