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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27198
Experience:  Lawyer
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I was given a 30 day eviction which I do not think is legal,

Customer Question

I was given a 30 day eviction which I do not think is legal
JA: What state are you in? It matters because laws vary by location.
Customer: california
JA: Has anything been filed or reported?
Customer: the "residents" here complained because they say my son scares them. He has never done anything to anyone, just looks different. I have 3 diff IHSS workers who come over and help me with daily living...the residents say I have too much traffic
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it
Submitted: 17 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 17 days ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It's a violation of the Fair Housing Act for your landlord to discriminate against you because you or someone living with you is disabled. If there were some rule about not having excessive "traffic" at your home, you can submit documentation from a doctor that your son is disabled and needs assistance from IHSS, along with a request from you that they make a reasonable accommodation by allowing you to stay. It is reasonable to let people come to your home to care for someone who has special needs. That could be an option if they don't know your son is disabled, but it sounds like they do.

Another option is to file a Complaint with the Department of Fair Employment and Housing.

You could also contact a local tenant's rights organization to see if a lawyer there will send a letter to the landlord or management company on your behalf. But you're right - they cannot evict you in this situation.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 17 days ago.
They said residents have put in writing that I have excessive traffic coming over here. I have 3 different IHSS (In Home Support) workers that come over to assist me with daily living issues. I have a friend whose grand daughter will bring over food once a month and a 34 year old son who is an alta regional client and disabled he will come by 1xs a month to get his money and leave. These people are making up lies saying I party at night when I am home alone. I do not drink, do drugs or even smoke ciggs. I feel as though I am being discriminated against. I was given this 30 day notice the 28th of sept. Management said they would get right back to me about setting up a meeting to confront me with their concerns. I waited and never heard a thing back. When I did call last Fri she (manager) told me she would get back to me. Today I called and was told the residents who complained were too afraid to confront me for fear of my son and all the people coming in and out! I would rather discuss this on the phone
Customer: replied 17 days ago.
never mind the phone call lol
Expert:  Lucy, Esq. replied 17 days ago.


They can't kick you out because you have visitors due to your son's special needs. You can request a reasonable accommodation and file a Complaint. Or, as I said, you can have a local attorney contact them on your behalf.

Expert:  Lucy, Esq. replied 16 days ago.

Do you have any other questions about this?

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