by Michelle A. Philo
As one of its key practice areas, the Public Law Center (PLC) works to preserve and create affordable housing in Orange County, prevent homelessness, and assist tenants who are being unfairly evicted or who are subjected to sub-standard living conditions. PLC attorneys accomplish these goals by assisting individual clients and by advocating for policies that will allow more low-income residents to obtain housing.
Affordable Housing and Homelessness Prevention Individual clients often seek assistance from PLC to avoid eviction. Iraida Oliva is a Senior Housing Attorney for the Housing and Homelessness Prevention Unit at PLC where she witnesses firsthand the housing needs of the residents of Orange County and how that has changed during recent years.
“The identity of a tenant facing an eviction has transformed during the pandemic and its aftermath. We began to see seniors, former realtors, brokers, self-employed individuals, members of various professional backgrounds, and entire families with children facing evictions due to their inability to pay rent. The rental assistance programs and the temporary tenant protections were a band-aid to the real problem: lack of affordable housing,” Iraida explained. During the pandemic, the need to provide legal assistance to tenants in Orange County rose to a level of urgency and those tenants are still trying to recover from the pandemic while simultaneously struggling to remain housed.
Retaining an attorney for an unlawful detainer case can be critical in helping tenants remain in their homes, but more attorneys are needed to take these matters. Handling an unlawful detainer is one way for volunteer attorneys to help clients facing eviction. Unlawful detainers are summary proceedings that typically take twenty-one days from start to finish. Tenants who are personally served with an Unlawful Detainer Complaint only have five court days to file a responsive pleading. If they don’t, the landlord will typically proceed by default, resulting in an eviction. The short life of an unlawful detainer case is not long enough for someone to hire an attorney, propound and respond to discovery, and prepare for trial, especially if they are self-represented. In Iraida’s experience, the typical length of an unlawful detainer trial in which the landlord is represented by counsel and the tenant is self-represented is only fifteen or twenty minutes. Once, however, Iraida represented a tenant in an Unlawful Detainer matter that went to trial during the pandemic. The landlord’s counsel had given the court a twenty minute time estimate for trial, but the trial lasted for approximately six hours. The court ultimately ruled in favor of PLC’s client, who was able to remain housed. Iraida states, “This is an area of law where the need for pro bono attorneys is dire and it can really make a difference in people’s lives.”
Advocacy and Impact Litigation In addition to addressing the needs of individuals, PLC seeks to effect large-scale change in areas that affect people living at the poverty line by engaging in both public and policy advocacy and impact litigation. PLC’s advocacy and litigation efforts are broad-based and focus on a variety of areas impacting poor Orange County residents, including expanding affordable housing; fighting for tenants faced with substandard housing; combating predatory lending, housing and housing-related frauds, including foreclosure and home improvement frauds; and supporting equal access to housing for the disabled and homeless, including expanding affordable housing options and combating discriminatory zoning.
Jonathan Bremen has worked as an Impact Litigation Staff Attorney at PLC since 2022. His work is split between impact litigation and policy advocacy. Impact cases arrive on Jonathan’s desk through various units at PLC, but mainly through the housing, consumer, and immigration units. Impact litigation on the topic of housing is especially topical right now as Jonathan has approximately ten impact cases at various stages of litigation, and most of those are related to housing and homelessness.
When considering impact cases, PLC evaluates the potential case using a myriad of factors. Bremen summarized a few of the factors: “We consider whether the topic has broad impact. How many people could be affected by the outcome? We consider whether PLC has a good vehicle to present the topic. Do we have solid evidence? Do we have a sympathetic plaintiff or plaintiffs? We also consider the merits of any potential claim, whether the case is in an area of law on which PLC focuses, and where PLC can handle the work. Can we find the pro bono support?”
PLC depends on its pro bono partners to help litigate impact cases. The complex cases, especially in housing, require more resources than PLC can dedicate on its own. Jonathan commended the resources donated by the Orange County legal community, “When we collaborate with pro bono partners on these impact cases, we form a passionate team dedicated to protecting important rights and improving the lives of marginalized communities in Orange County. It is an exhilarating experience for everyone involved. Our pro bono attorneys don’t always have experience in housing law, but their litigation experience is super valuable. They also get to familiarize themselves with new areas of law guided by PLC’s expertise.”
Regarding the importance of this type of work, Jonathan explains: “Impact litigation has brought in hundreds of thousands of dollars, maybe even over a million, in legal fees in the past to PLC and to pro bono partners that have donated their fees to PLC to help continue to fund this work.” Recently, with the assistance of the pro bono legal services, PLC was able to help a group of residents get repairs and substantial compensation after years of living with conditions that violated state and local housing standards.
On the policy side, Jonathan collaborates with the unit supervisors and coalition partners to support or oppose state and local legislation and to comment on proposed agency rules. As a practical matter, this often means that he drafts letters to legislators and submits public comments to various agencies. Occasionally, PLC or its coalition partners will sponsor a bill, in which case he is afforded the opportunity to assist in drafting or revising the bill’s language.
PLC is particularly interested in holding Orange County cities accountable to their affordable housing obligations under California law. For example, many cities are out of compliance with housing element law—a law requiring the identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. Cities are also required to identify adequate sites for rental housing, mobile homes, and emergency shelters. The lack of compliance exacerbates Orange County’s current housing shortage. In addition, some cities are proceeding with redevelopment plans without first creating or implementing Relocation Plans or Replacement Housing Plans.
Volunteer With Public Law Center In order to maximize its impact, PLC relies on pro bono help from the community. Attorneys can review the case list on the PLC website to find available cases. PLC provides volunteer attorneys with support in their representation, including providing a mentor to assist, supplying the volunteer attorney with samples and manuals in many areas of the law, reviewing documents and pleadings, and providing malpractice coverage for the PLC pro bono case. PLC also has many opportunities for law students, paralegals, and college students to volunteer their time. To volunteer with PLC, please visit publiclawcenter.org/volunteer. Together, we can advocate for fair housing for all tenants and advocate for housing for all of Orange County’s residents.
Michelle A. Philo is the Principal of Philo Law Firm, P.C. where she practices Probate, Trusts, and Estates as well as provides General Counsel Services to small businesses. Michelle can be reached at michelle@philolaw.com.