Legal Question in Landlord & Tenant Law in California
90 Day Eviction Notice - Senior Complex
New owners took over the senior complex, located in Lakewood, California, where my mother lives in Jan 2006. No notices were ever given to residents that any changes had occurred. Units had always been available to low income seniors subsidized by HUD & those who did not require assistance, such as my mother.
Every year my mother was asked to fill out the re-certification paperwork, then later was also told that she didn�t need to worry about qualifying because she was not part of that program. This year she was asked again to fill out the paperwork then received a 90-day eviction notice for �Failure to qualify for the Affordable Housing�. They now claim that 100% of the units are for those qualifying for the HUD program.
Are they allowed to make those changes? Should some units be set aside for people who don�t require HUD? How should the notification been handled if legally they were allowed to make such a change. Does my mother have any other options than moving within the 90 days?
One last question, if they owners are excepting government money can they also enforce a rule that all residents in the complex be a senior, or can it just be the person signing the lease that has to be a senior?
Much thanks,
TJ
1 Answer from Attorneys
Re: 90 Day Eviction Notice - Senior Complex
They are allowed to make changes.
The owners are private persons, and can rent to any one they wants to, and end the leases of those they don't want as tenants.
Mom has to move. Ninety days notice is proper.
For what it's worth, many landlords prefer government subsidized property, because they are paid promptly. It could be some tenants are late with rent, and owners don't want to deal with that.
They can enforce an all seniors rule.
Their only limitation is that they cannot discriminate by sex, skin color,religion, etc.
Good luck and sorry this is not the answer you were hoping for.
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