The One Thing We Know For Sure

Dear Friends, 

It's has been a year like no other. 

After Justice Ruth Bader Ginsburg's death in September, I've reflected on her legacy as a legal icon. I was personally inspired by her fierce advocacy for equality under the law and her impact as a pioneer for all women. Her memory will continue to be a blessing to me as we fight for justice and equality for all in Silicon Valley and beyond. 

There's a lot we don't know about the future. But there's one thing we know for certain: in the face of adversity, Law Foundation supporters know how to meet the moment for their neighbors. I'm grateful to this community for defending our values of justice and equity for everyone, regardless of race or socioeconomic status. We're excited to celebrate you at our first-ever A Toast to Justice on November 18. 

At this unique and engaging event, we'll show our gratitude for you and other loyal donors and volunteers, and share insider stories on the impactful work our incredible team is doing to respond to the pandemic. This will be a bright spot in an otherwise dark time. We look forward to seeing you on November 18!

As we head into election season, it can feel like every passing day brings another struggle. But our supporters and the communities we serve, keep me going. Thank you for being at our side. 

In gratitude,

Alison Brunner, Esq.
CEO

News

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Join Us for A Toast to Justice on November 18

A Toast to Justice is a one-of-a-kind Law Foundation event to say thank you to our supporters, volunteers, and the entire community. A Toast to Justice is free and open to all. Join us in celebrating the Law Foundation's impact and the supporters who make our work possible. We'll also share the latest updates on the tremendous work the Law Foundation is doing to respond to the pandemic. Register today for this special event on November 18.

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Preventing Homelessness for Morgan Hill Family

Maria* is a domestic violence survivor and single mom of three kids, ages 6, 11, and 16. Each of her children has a disability, including hearing loss, PTSD, and night terrors. Late last year, neighbors complained to Maria's landlord about noise. The family became so scared they might lose their apartment that they started eating standing up because they were afraid that moving chairs across the floor would lead to another noise complaint. 

Earlier this year, her landlord served her with an eviction notice. Facing homelessness, Maria came to the Law Foundation for help. Together, our attorney and community worker negotiated with the landlord for a reasonable accommodation that allowed Maria and her three children to move to a first-floor unit and stay housed, which was especially critical in the middle of the pandemic. If a noise complaint is issued in the future, Maria's building manager must meet with her to address complaints before trying to evict her and her children again. 

*Name has been changed for privacy.

Law Foundation in the Media

Coronavirus in Jails

Our Health team represents many clients who are incarcerated, and our work advocating for adequate precautions inside the jail amidst the pandemic continues. Our team of attorneys and advocates are investigating, monitoring, and advocating for improved safety conditions for people in Santa Clara County jails. Working directly with people who are incarcerated and community-based groups representing family members of detainees, staff are pushing the Sheriff's Department to adopt greater protective measures against the spread of COVID-19. The risk of serious illness or death from COVID-19 is greater among incarcerated people because of the design of facilities, the intersection between racial and social inequities in health care availability, and racial discrimination in policing and the criminal justice system.

October is Domestic Violence Awareness Month

Throughout October, lawyers, advocates, law enforcement and survivors are gathering to discuss how to prevent domestic violence and better serve survivors. The COVID-19 crisis has made it more difficult for our clients to access resources and safely leave an abuser. Shelters are impacted, financial resources are scarce, and court access has been limited. 

Despite many challenges, the Law Foundation's Children & Youth program continues to serve and empower teens and young adults who experience Intimate Partner Violence (IPV) through free legal services. Because of the pandemic, our practice looks a little different. We're doing initial client interviews via video calls, we're teaching clients how to use electronic signatures, and we're having clients appear by telephone when possible at court hearings. Since March, we've worked with 50 clients who are being abused to help them gain greater personal security.

Recently, our staff helped a teen mom obtain custody and visitation orders from an abusive ex-partner. She came to the Law Foundation two days before a court-ordered "Emergency Screening," an investigative court process where custody decisions are made. Our client was concerned for the safety of herself and her child. We were able to quickly connect her with a staff member so that she did not go alone to any court proceedings, and today our client and her child are safe from abuse.

ADVOCACY

Law Foundation Supports Equality for All with #Prop16

Everyone deserves an equal shot at fair wages, good jobs, and quality schools, regardless of race or gender. Proposition 16 helps fight discrimination, so California can take a step towards equal opportunity for all families. Leveling the playing field and fighting discrimination aligns with the Law Foundation's vision, so we're glad to support this movement in the right direction with #YesOnProp16.

IN CASE YOU MISSED IT

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San Jose Adopts Anti-Displacement Plan

The 10-point strategy is aimed at keeping low-income renters in the City and is a first-of-its-kind plan for addressing the issue of evictions and displacement targeting low-income communities. As part of the PolicyLink Anti-Displacement Policy Network cohort that created the Community Strategy to End Displacement Report, we're proud that our collaborative work resulted in a citywide strategy. Read more.

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Census Scams - A Video for Youth By Youth

We worked with iFoster youth to create a short video to educate young people about scams from people claiming to be census workers. People posing as census workers are collecting sensitive information, leaving youth at risk of identity theft. Watch the video.

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Latest Update on COVID-19 Eviction Protections

Local, state, and federal laws established in response to the pandemic have created a patchwork of protections for renters to navigate. We've been informing renters about their rights through our intake line, sharing our multilingual FAQs, media outreach, and providing printed cards directly to renters and community partners. We are also continuing to offer advice and services to small businesses at risk of eviction through the Small Business Pro Bono Program. 

PRO BONO SPOTLIGHT

We're gearing up for Pro Bono Week, October 25-31, 2020! This year's theme is "Rising to Meet the Challenge: Pro Bono Response to COVID-19." With the launch of the Small Business Pro Bono Program and continued participation in the Name and Gender Marker Change Clinic and Special Education Clinic, our volunteers have provided a shining light during this tough time.

During Pro Bono Week, we'll be thanking our volunteers on our social media channels and highlighting some of their accomplishments this year. Follow us on Facebook, Twitter, and LinkedIn to tune in. 

We're also excited to celebrate and thank our Pro Bono Partners at the Law Foundation's upcoming virtual event, A Toast to Justice on November 18. Register here!

Thank You 2020 Partners!

What AB 3088 Means for Santa Clara County Tenants

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On August 31, 2020, the state legislature passed AB 3088, an emergency stop-gap measure to protect tenants who have been impacted by COVID-19 from eviction. While AB 3088 offers some important immediate protection for renters who cannot pay rent due to COVID-19, we urge Governor Newsom and the state legislature to implement a long-term solution for tenants and landlords to the economic disaster created by COVID-19. 

Here is what AB 3088 means for tenants in Santa Clara County:

Landlords cannot evict a tenant for not paying their rent until October 5, 2020.

For tenants impacted by COVID-19 (such as loss of job or income):

  • You cannot be evicted for rent that was unpaid between March 2020 to August 2020. However, any rent unpaid from March 2020 – August 2020 is converted into civil debt.

  • In Santa Clara County, tenants would have until February 28, 2021 to repay 50% of this debt, and until August 31, 2021 to repay all of it.

  • If a tenant does not make these payments in time, they could face a small claims or civil lawsuit for the unpaid debt, but still cannot be evicted for it.

Tenants must pay 25% of rent due from September 1, 2020 to January 31, 2021.

  • Tenants who pay the 25% rent cannot be evicted for not paying the remaining rent.  A landlord could still pursue a small claims or civil lawsuit for the unpaid debt, but still cannot be evicted for it.

  • If they do so, the remaining 75% will become civil debt that the tenant can never be evicted for. The 25% of rent due from this period is due January 31, and tenants could be evicted on February 1, 2021 for failing to pay it.

  • Tenants must prove that they have been impacted by COVID-19 by returning a self-declaration signed under penalty of perjury to the landlord after receiving a notice to quit for nonpayment of rent. Tenants making more than 130% of the area median income may need to supply additional documentation. 

Tenants have 15 days (instead of 3 days) to respond to notices for non-payment of rent. 

  • Landlords must include a form with eviction notices for nonpayment of rent the tenant can return to self-certify that they have been impacted by COVID-19

  • The definition of COVID-19 impact includes:

    • loss of income,

    • increased out-of-pocket expenses from COVID-19 health impacts, OR

    • from performing essential work during pandemic, childcare or care for an elderly or disabled family member, and

    • other COVID-19-related circumstances that reduced a tenant’s income or increased their expenses.

Tenants in Santa Clara County are still protected against evictions that are not that tenant’s fault.

  • In Santa Clara County, COVID-19-impacted tenants are protected against evictions that are not the tenant’s fault, which include evictions for reasons like remodeling, the owner wanting to move in, or taking the unit off the rental market. This protection will last until September 30 and may be extended up to November 30 if Governor Newsom extends his executive order on evictions. AB 3088 does not include these protections.

Commercial tenants’ RIGHTS

  • Commercial tenants who rent business in Santa Clara County who have been impacted by COVID-19 are still protected against evictions for nonpayment of rent and any no-fault cause under the County’s commercial eviction moratorium. Currently, this protection will last until September 30.

In the midst of an unprecedented pandemic, no tenant should have to live in fear of losing their home to circumstances completely outside of their control. We all need to play our part to prevent the spread of COVID-19 and it is critical that Governor Newsom and the state legislature do their part by enacting broadly-accessible, meaningful protections for tenants and small landlords that will ensure our communities remain healthy, intact, and ready to return to work when health conditions allow.

If you are a low-income tenant in Santa Clara County, call the Law Foundation of Silicon Valley’s Housing Program at 408-280-2424 or fill out our online intake form if you receive an eviction notice, or have questions about your rights.

Our Commitment to Immigrant Children & Families

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After five years, the Law Foundation is no longer serving as co-counsel for the Flores Settlement Agreement, though our commitment to preserving child safety and family integrity remains. 

We believe that every child deserves a champion, regardless of where they were born. Aligned with that belief is our value that families belong together.

The longstanding Flores settlement compels the government to promptly release detained children from federal immigration custody. The COVID-19 pandemic has amplified the need to release children quickly and effectively to reduce their risk of contracting coronavirus in often-crowded facilities.

However, releasing children should not be at the expense of keeping families together. The public health crisis has created catastrophic circumstances that jeopardize thousands of families. Parents must make the impossible decision to either release their children to a sponsor (and likely never see their child again) or keep their child in the detention facility. To date, all attempts to resolve the issue through the courts have been unsuccessful. Similarly, neither Congress nor the White House appears inclined to fix the problem.  

The clear solution is to release children and their parents — keeping families together as a unit. The Law Foundation calls on Congress and the Administration to act immediately to preserve the physical well-being and mental health of these children and families.

Support the work of the Law Foundation of Silicon Valley.