Questions about Evictions

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Schaal, Rebecca

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Aug 31, 2011, 5:38:54 PM8/31/11
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Just a quick questions about evictions… What do you do when you have a youth you are terminating and will not leave.  I have never had to do this as the youth usually leave when asked, but this current youth we are dealing with is refusing to leave. 

 

Do I have to do a formal eviction?  I thought because the youth pay “program fees” as opposed to “rent” that we don’t have to go through a formal eviction process but I just wanted to check with all of you?

 

 

 

Rebecca Schaal, B.S.

Transitional Housing Program Manager

David & Margaret Youth and Family Services

Office: (909) 596-5921 Ext. 3625

Cell: (909) 437-7251  Fax: (909) 267-3497

sch...@davidandmargaret.org  

 

 

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Roynan Steres

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Aug 31, 2011, 5:43:16 PM8/31/11
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My understanding is that our residents must be treated in accordance
to the Fair Housing laws, meaning a formal eviction notice would be
necessary. When a client does not vacate the premise on the
designated date we handle it by calling the police department and
having an escort come to the house and enforce the eviction. We have
had to do this maybe twice in the three years I have been here.

Good luck!!

Roynan

On Aug 31, 2:38 pm, "Schaal, Rebecca" <Scha...@DavidandMargaret.org>
wrote:
> Just a quick questions about evictions... What do you do when you have a
> youth you are terminating and will not leave.  I have never had to do
> this as the youth usually leave when asked, but this current youth we
> are dealing with is refusing to leave.  
>
> Do I have to do a formal eviction?  I thought because the youth pay
> "program fees" as opposed to "rent" that we don't have to go through a
> formal eviction process but I just wanted to check with all of you?
>
> Rebecca Schaal, B.S.
>
> Transitional Housing Program Manager
>
> David & Margaret Youth and Family Services
>
> Office: (909) 596-5921 Ext. 3625
>
> Cell: (909) 437-7251  Fax: (909) 267-3497
>
> scha...@davidandmargaret.org <mailto:scha...@davidandmargaret.org>  

Elizabeth Wilkinson

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Aug 31, 2011, 7:24:43 PM8/31/11
to Roynan Steres, THP Plus
I agree with Roynan.

Best of luck,

Liz

Good luck!!

Roynan

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Erica Conners

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Aug 31, 2011, 7:56:30 PM8/31/11
to Schaal, Rebecca, thp-...@googlegroups.com

In Alameda County we are required to abide by the Oakland rental regulations. They require that if one has lived in a dwelling for 6 months of less they must be given a 30 day notice before a formal eviction can be filed. If they have lived in the dwelling 7 months or more they are required to be receive a 60 day notice.

--

Rhonda Staton

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Sep 1, 2011, 11:50:36 PM9/1/11
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Hi all-
Here's the scoop- are you guys using THMA?
With your lease, you need to have youth sign the "Restatement of the
Transitional Housing Misconduct Act". The restatement is a 1 page
summary of the law/act, and the THP+ participant signs it as a part of
his/her leasing up process.

Then, when you need to evict, you get to use THMA and go through the
process spelled out there, which is MUCH faster than the regular
eviction process- which can take a VERY long time..

But, if you're not having them sign that upon intake, then you need to
treat them like any tenant anywhere and go through the normal eviction
process.
To save yourselves the headache in the future, get on the THMA
process.

Hope that's helpful!

Rhonda Staton
Unity Care Group, Inc.

Rhonda Staton

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Sep 1, 2011, 11:51:42 PM9/1/11
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P.S. whether they pay "rent" or not, legally, if they stay 30 days or
more, they are not treated as shelter participants any more and if you
have expectations for them to be able to stay, which you do, then they
gain tenants rights, after the 29th day.

On Aug 31, 2:43 pm, Roynan Steres <roy...@peacockacres.org> wrote:

econ...@firstplaceforyouth.org

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Sep 2, 2011, 11:14:59 AM9/2/11
to Rhonda Staton, THP Plus
We also use the THMA form. 
 
Erica Conners, PhD, MBA
First Place For Youth
Regional Manager
519 17th Street, Ste. 600
Oakland, CA 94612
 
-----Original Message-----
From: Rhonda Staton [mailto:bel...@gmail.com]
Sent: Thursday, September 1, 2011 11:50 PM
To: 'THP Plus'
Subject: Re: Questions about Evictions

Hi all- Here's the scoop- are you guys using THMA? With your lease, you need to have youth sign the "Restatement of the Transitional Housing Misconduct Act". The restatement is a 1 page summary of the law/act, and the THP+ participant signs it as a part of his/her leasing up process. Then, when you need to evict, you get to use THMA and go through the process spelled out there, which is MUCH faster than the regular eviction process- which can take a VERY long time.. But, if you're not having them sign that upon intake, then you need to treat them like any tenant anywhere and go through the normal eviction process. To save yourselves the headache in the future, get on the THMA process. Hope that's helpful! Rhonda Staton Unity Care Group, Inc. On Aug 31, 2:43 pm, Roynan Steres wrote: > My understanding is that our residents must be treated in accordance > to the Fair Housing laws, meaning a formal eviction notice would be > necessary.  When a client does not vacate the premise on the > designated date we handle it by calling the police department and > having an escort come to the house and enforce the eviction.  We have > had to do this maybe twice in the three years I have been here. > > Good luck!! > > Roynan > > On Aug 31, 2:38 pm, "Schaal, Rebecca" > wrote:> Just a quick questions about evictions... What do you do when you have a > > youth you are terminating and will not leave.  I have never had to do > > this as the youth usually leave when asked, but this current youth we > > are dealing with is refusing to leave.   > > > Do I have to do a formal eviction?  I thought because the youth pay > > "program fees" as opposed to "rent" that we don't have to go through a > > formal eviction process but I just wanted to check with all of you? > > > Rebecca Schaal, B.S. > > > Transitional Housing Program Manager > > > David & Margaret Youth and Family Services > > > Office: (909) 596-5921 Ext. 3625 > > > Cell: (909) 437-7251  Fax: (909) 267-3497 > > > scha...@davidandmargaret.org   > > > ================================================================ > > > David & Margaret Youth and Family Services Disclaimer Notification: > > This e-mail may contain confidential information belonging to the sender that is legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distributing, or action taken in reliance on the contents is strictly prohibited.  Please notify the sender immediately and delete this e-mail.  Destruction of this information is required after the stated purpose of the release is fulfilled. > > > ================================================================ -- You received this message because you are subscribed to the Google Groups "THP Plus" group. To post to this group, send email to thp-...@googlegroups.com. To unsubscribe from this group, send email to thp-plus+u...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/thp-plus?hl=en.
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