May 2003
Summertime “Fast Track” CCRM Series
The “Fast Track” summer series of the property
management courses for the California Certified Resident
Manager begins Saturday, June 14, and runs through Saturday,
July 19. For the first time, two CCRM courses will be
offered in morning and afternoon sessions over five
Saturdays. This
permits a prompt way to complete the entire nine-course
series and final exam in half the time required for
the evening series. The summer schedule is also convenient
for those who are unable to take courses on weekday
evenings. Please see the ad on page 31 for further information
or check our Web
site.
Housing Protections for Military Personnel
Now that the United States is participating in a military
action, and over 250,000 US troops have been deployed
to the Middle East, landlords should be aware of the
special protection that men and women in uniform receive
while serving their country. The Federal Soldiers’
and Sailors’ Civil Relief Act
mandates that the spouse, children or other dependents
of a person (tenant) in military service cannot be evicted
from any occupied residence with a monthly base rent
that does not exceed $1,200 without getting special
permission from the court. The Superior Court, therefore,
has the
authority to stay any unlawful detainer proceeding for
up to three months or make “such other order as
may be just,” unless the court is of the opinion
that the tenant’s ability to pay the rent is not
materially affected by reason of military service.
A landlord who evicts a member of the military and/or the family is in violation of this act and subject to imprisonment up to one year and/or the imposition of heavy fines. California state law parallels this federal mandate with additional protections after September 11, 2001, that essentially offer military personnel temporary protection from the enforcement of civil liabilities, such as eviction proceedings. This law covers enlisted officers and members of the National Guard called into active duty or federal service and reservists of the United States military who have been on full-time active service or duty since September 11, 2001.
Evictions of service members and/or their families cannot occur until 30 days after release from active service or duty, except with the “leave of court” (special permission from the judge). Violation of this law subjects the landlord and anyone who assists in the eviction to a misdemeanor prosecution. The courts are allowed to either completely prevent an eviction or require a tenant’s family to make partial rent payments during the period of military service. The courts can also lift the stay and allow the eviction if there is a finding that the tenant’s ability to pay the rent is not adversely affected by military service.
The bottom line is that, regardless of your feelings
about the war, the brave men and women who are fighting
overseas are entitled to special protections from the
eviction process. As you know fromrecent media coverage,
many reservists called up for active duty are experiencing
severe financial strains. Consequently, their families
cannot be evicted in the normal summary way during this
period of service. While the landlord may suffer from
the hardship of either not receiving rent or only receiving
partial rent from a military family, the unfortunate
burdens of war are spread throughout many layers of
society. If you have not received rent from a tenant
who has been called to duty, please consult a qualified
attorney to assist you before serving the standard Three-Day
Notice to Pay Rent or Quit. Always make sure you investigate
all your nonpayment actions to ensure that you are not
evicting someone who has been called to duty.
– David Wasserman
SFAA Teams Up with Enterprise for High School Students
Do you remember your first job when you were a youth?
Was it a positive and rewarding experience? Today, SFAA
members and supporters can play an important role in
developing their future workforce and, at the same time,
help San Francisco youth make important educational
and
career decisions. Enterprise provides San Francisco
youth with positive, meaningful introductions into the
work world through training, jobs, internships and volunteer
opportunities. Enterprise services are citywide,
industry wide and year round.
Fees are not required for listing your part time, seasonal or temporary commercial or domestic opportunities. Also, the youth’s family’s economic situation is not a criterion for using Enterprise’s services. Enterprise has received a national award from the U. S. Department of Labor and the National Youth Employment Coalition. This PEPNET Award identifies Enterprise as one of the leading youth development/employment organizations in the country, recognizing the agency for its exemplary work with young people and honoring excellence in quality management and effective principles of youth development. Your participation could be a cost-effective decision for your business.
To learn about involvement opportunities, visit Enterprise’s Web site at ehss.org or contact Leonard Weingarten, Business Partnership Coordinator, at 415.896.0909 ext 304, or via email.
CAA Legislative Conference - May 20, 2003
SFAA members are encouraged to attend the California Apartment Association’s Legislative Conference in Sacramento this coming May. It is a great opportunity to meet with state legislators and discuss rent control and upcoming landlord-tenant legislation. Look for more details in next month’s magazine. A registration form can be found on the CAA Web site.




