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79-year-old eviction case raised to DBI; commissioners ask staff to review

Building Inspection Commission · January 21, 2009
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Summary

Jose Morales told the Building Inspection Commission he was evicted under the Ellis Act and alleged a defective eviction notice, withheld relocation funds and landlord retention of his belongings; the commission asked him to submit documents and requested a report back.

Jose Morales, 79, addressed the Building Inspection Commission during public comment to allege a defective Ellis Act eviction notice, loss of personal belongings placed in private storage by his landlord, and incomplete relocation payments.

"It was a defective notice, 100%, 200%," Morales said, telling commissioners he had court wins in lower courts and in the California Court of Appeal and that his situation involved unit-numbering and a notice that he argued was incorrect. He said he had filed a complaint with the department in June 2008 and that an inspector recorded his complaint; he asked for a hearing and said he would provide documentary evidence to the commission secretary.

Marie Jobling of the Community Living Campaign spoke in support of Morales and described the unit-numbering and notice questions as the likely defense to the Ellis Act eviction. She urged the department to review whether erroneous unit numbering or a department error contributed to an improper notice.

Commissioners asked Morales to leave copies of his materials with the commission secretary and asked staff to prepare a report for the next meeting. The director's office offered to make copies of submitted materials for commissioners.

No formal action was taken at the meeting; commissioners requested a staff response and a report back to the commission.