Legal Question in Real Estate Law in California

Section 8

Hello,

My problem is that we bought our house in October 2006. Now the appartment next to our house is accepting section 8 and the people that are renting in the apartment are messing our neighborhood and destroying our property. My question is if there is a way for us to kick them out, they also have a day care that belongs to the goverment and the kids also destroy are property. Can we kick out section 8 and a day care that handles goverment kids?


Asked on 5/15/07, 3:17 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Section 8

I'm sorry for the problems you are now facing, but since you do not own the neighboring apartment building you have no right to evict tenants from it. A landlord has the right to rent to anyone the want to and can not in general discriminate based upon non-economic factors. I assume both buildings are not part of a planned unit development, like as condo complex, in which all owners are subject to certain regulations. If the neighbors are causing a nuisance, you can sue them and the landlord in Small Claims Court [too much noise, illegal parking of cars, etc, but just being an eyesore would not really qualify], and your other neighbors who are upset could also sue for themselves. There is a $7,500 cap on individual recoveries. Have you tried to talk to the owner of the building to see what could be done? Also find out if the owners and/or agents who sold the place to you knew that he had or intended to lease to Section 8 renters and failed to disclose that to you. Again, being Section 8 does not mean they are "bad" neighbors and many judges would assume that you may really be objecting to their race or ethnic background. I doubt you can do much; your best bet is to work something out with all the home owners and the apartment building owner or manager to reduce some of the problems.

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Answered on 5/15/07, 10:00 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Section 8

In addition to the excellent suggestions Mr. Shers offers, I would suggest considering going after the day care operation. First, see if it is licensed. If it is not, perhaps you could have it closed down by the city or you could file a lawsuit alleging that it is a private nuisance. This is a little more delicate than "kicking them out" but at least insofar as the day care, it might eliminate it, and maybe when that goes the other problems would move out too.

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Answered on 5/15/07, 1:18 pm


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