Activists Sue California Landlords for Elder Abuse Eviction

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Elderly rights activists are rallying against San Francisco landlords who are in the process of evicting senior citizens.  The leader of the activists, Lisa Gray-Garcia, also known as “Tiny,” held a press conference outside the San Francisco Hall of Justice on Feb. 5, 2014 to announce that their group would be filing elder abuse charges against the accused landlords.

Gray-Garcia and other members of the Poor News Network condemned landlords who were forcing senior citizens out of their homes for not paying their rent on time, or simply becoming too big a nuisance for the landlords themselves.  Gray-Garcia is pressing charges against these landlords for allegedly abusing certain provisions in the “Ellis Act.”

Specifically, Gray-Garcia claims that the landlords are in violation of California Penal Code 368, which is a unique category for specific crimes against elders or dependent adults.  These crimes include any kind of infliction of pain, injury, or endangerment.  The activist groups hope to carry out their criminal allegations under the Ellis Act, by showing that by evicting senior citizens from their homes; they were inflicting some physical or emotional harm onto the tenants.

The activist groups attest that any tenant would find it emotionally distressing to be evicted from their home, but due to the fact that senior citizens normally have more delicate health, too much emotional stress could be potentially harmful.  The targeted landlords were taken from a compiled list that had been gathered by the San Francisco Anti Eviction Mapping Project, a volunteer-led group that published names, property ownership, and other identifying information of twelve landlords who had repeatedly invoked the Ellis Act in San Francisco.

Gray-Garcia read out their names as part of the press event, stating that they were examples of landlords abusing their senior tenants.  The names of the evicted seniors were not named in the press conference, so that senior citizens are not exposed to potential backlash.  Another one of the activists who joined the rally was an 82-year-old woman who declined to share her name. She did, however, talked about her own experiences pertaining to her landlord.  After living in her apartment for more than thirty years, she recently received a verbal warning from her landlord that if she did not move out, then he would invoke the Ellis Act.

After the rally was held, Gray-Garcia and the other activists walked down to the San Francisco District Attorney George Gascon’s office, to start the process of filing the said criminal charges. Instead, they were told to complain to the police department first.  The activist group scheduled a meeting with the attorney’s office for a later date.

Overview of Senior Citizen Eviction

In an article written in the Feb. 15, 2004 issue of The New York Times, there are number of leases which contain a certain provision regarding the tenant’s ability to be “independent.”  Essentially, this provision states that if a tenant is found to be too physically or mentally impaired to function without constant assistance, then the landlord has right to start eviction.  The article reported that landlords used the senior tenant’s limited mobility, need for personal care attendants, and lack of mental awareness, as excuses to evict them.

Under the Fair Housing Act, landlords are permitted to evict tenants who pose direct threats to the safety and health of other tenants.  While some landlords argue the impaired independence may qualify under this policy, the Act prohibits discrimination against the elderly or disabled.  Like any other tenant, senior citizens should be protected with the same rights and consideration as a younger tenant.  As awareness of this issue spreads, elder advocacy groups and senior citizens can start fighting back against this discrimination.

File an Elder Abuse Lawsuit Today

If you or a loved one have been victim of elder abuse, you have legal options.  Please visit the Elder Abuse Nursing Home Neglect Class Action Lawsuit Investigation.  There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned elder abuse lawyer will contact you for a free, no-obligation consultation.  You will be guided through the litigation process at no out-of-pocket expenses or hidden fees.  The elder abuse attorneys working this investigation do not get paid until you do.