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“If incarceration had come to define the lives of men from impoverished black neighborhoods, eviction was shaping the lives of women. Poor black men were locked up. Poor black women were locked out.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Eviction is a cause, not just a condition, of poverty.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“But it was not enough simply to perceive injustice. Mass resistance was possible only when people believed they had the collective capacity to change things. For poor people, this required identifying with the oppressed, and counting yourself among them鈥攚hich was something most trailer park residents were absolutely unwilling to do.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“The year the police called Sherrena, Wisconsin saw more than one victim per week murdered by a current or former romantic partner or relative. 10 After the numbers were released, Milwaukee鈥檚 chief of police appeared on the local news and puzzled over the fact that many victims had never contacted the police for help. A nightly news reporter summed up the chief鈥檚 views: 鈥淗e believes that if police were contacted more often, that victims would have the tools to prevent fatal situations from occurring in the future.鈥� What the chief failed to realize, or failed to reveal, was that his department鈥檚 own rules presented battered women with a devil鈥檚 bargain: keep quiet and face abuse or call the police and face eviction.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Our cities have become unaffordable to our poorest families, and this problem is leaving a deep and jagged scar on our next generation.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Often, evicted families also lose the opportunity to benefit from public housing because Housing Authorities count evictions and unpaid debt as strikes when reviewing applications. And so people who have the greatest need for housing assistance鈥攖he rent-burdened and evicted鈥攁re systematically denied it.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“One in two recently evicted mothers reports multiple symptoms of clinical depression, double the rate of similar mothers who were not forced from their homes. Even after years pass, evicted mothers are less happy, energetic, and optimistic than their peers. When several patients committed suicide in the days leading up to their eviction, a group of psychiatrists published a letter in Psychiatric Services, identifying eviction as a 鈥渟ignificant precursor of suicide.鈥� The letter emphasized that none of the patients were facing homelessness, leading the psychiatrists to attribute the suicides to eviction itself. 鈥淓viction must be considered a traumatic rejection,鈥� they wrote, 鈥渁 denial of one鈥檚 most basic human needs, and an exquisitely shameful experience.鈥� Suicides attributed to evictions and foreclosures doubled between 2005 and 2010, years when housing costs soared.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“In white neighborhoods, only 1 in 41 properties that could have received a nuisance citation actually did receive one. In black neighborhoods, 1 in 16 eligible properties received a citation. A woman reporting domestic violence was far more likely to land her landlord a nuisance citation if she lived in the inner city.

In the vast majority of cases (83 percent), landlords who received a nuisance citation for domestic violence responded by either evicting the tenants or by threatening to evict them for future police calls. Sometimes, this meant evicting a couple, but most of the time landlords evicted women abused by men who did not live with them.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Some children are threatened with loss of privileges such as money, cell phones, cars or even eviction from home if they do not 'toe-the-line' and 'act straight'. I don't think parents who do such things consider for a moment the kind of emotional damage they are doing to their children - or thinking beyond their own feelings about the situation - which will not change or go away simply because of their denial.”
― Christina Engela, All That Remains

“It was an old tradition: landlords barring children from their properties. In the competitive postwar housing market of the late 1940s, landlords regularly turned away families with children and evicted tenants who got pregnant. This was evident in letters mothers wrote when applying for public housing. 鈥淎t present,鈥� one wrote, 鈥淚 am living in an unheated attic room with a one-year-old baby鈥� Everywhere I go the landlords don鈥檛 want children. I also have a ten-year-old boy鈥� I can鈥檛 keep him with me because the landlady objects to children. Is there any way that you can help me to get an unfurnished room, apartment, or even an old barn?鈥� I can鈥檛 go on living like this because I am on the verge of doing something desperate.鈥� Another mother wrote, 鈥淢y children are now sick and losing weight鈥� I have tried, begged, and pleaded for a place but [it鈥檚] always 鈥榯oo late鈥� or 鈥榮orry, no children.鈥欌€夆€� Another wrote, 鈥淭he lady where I am rooming put two of my children out about three weeks ago and don鈥檛 want me to let them come back鈥� If I could get a garage I would take it.鈥�

When Congress passed the Fair Housing Act in 1968, it did not consider families with children a protected class, allowing landlords to continue openly turning them away or evicting them.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“We all have individually special kingdoms of success in each of us. Obedience is the throne of those kingdoms without which the real person we are is sure to suffer eviction.”
― Israelmore Ayivor

“Arleen thanked Pana. Getting off the phone, she thanked Jesus. She smiled. When she smiled she looked like a different person. The press had loosened its grip. From landlords, she had heard eighty-nine nos but one yes.

Jori accepted his mother鈥檚 high five. He and his brother would have to switch schools. Jori didn鈥檛 care. He switched schools all the time. Between seventh and eighth grades, he had attended five different schools鈥攚hen he went at all. At the domestic-violence shelter alone, Jori had racked up seventeen consecutive absences. Arleen saw school as a higher-order need, something to worry about after she found a house.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Code of Civil Procedure 搂1161(2) prevents the landlord from claiming rent due more than a year before the service of the 3-day notice. See Fifth & Broadway Partnership v Kimny, Inc. (1980) 102 CA3d 195, 202. An argument could also be made on the ground of laches that it is inequitable for a landlord to wait a full year before demanding overdue rent. That argument was successfully made in Maxwell v Simons (Civ Ct 1973) 353 NYS2d 589, which held that it was unconscionable for a landlord to permit the tenant to fall more than 3 months behind in rent before bringing an unlawful detainer action based on the total arrearage. New York law required the tenant to pay the arrearage within 5 days or return possession. The court held that the landlord could base his eviction action only on the last 3 months' nonpayment of rent and would have to recover the balance in an ordinary action for rent. See also Marriott v Shaw (Civ Ct 1991) 574 NYS2d 477 and Dedvukaj v Mandonado (Civ Ct 1982) 453 NYS2d 965. In California, this reasoning, along with the cases cited above on "equitable" defenses, might be used to attack a 3-day notice to pay or quit demanding more than three months' back rent.”
― Myron Moskovitz, California Eviction Defense Manual

“Evictions were deserved, understood to be the outcome of individual failure. They 鈥渉elped get rid of the riffraff,鈥� some said. No one thought the poor more undeserving than the poor themselves.

In years past, renters opposed landlords and saw themselves as a 鈥渃lass鈥� with shared interests and a unified purpose. During the early twentieth century, tenants organized against evictions and unsanitary conditions. When landlords raised rents too often or too steeply, tenants went so far as to stage rent strikes. Strikers joined together to withhold rent and form picket lines, risking eviction, arrest, and beatings by hired thugs. They were not an especially radical bunch, these strikers. Most were ordinary mothers and fathers who believed landlords were entitled to modest rent increases and fair profits, but not 鈥減rice gouging.鈥� In New York City, the great rent wars of the Roaring Twenties forced a state legislature to impose rent controls that remain the country鈥檚 strongest to this day.

Petitions, picket lines, civil disobedience鈥攖his kind of political mobilization required a certain shift in vision.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“For almost a century, there has been broad consensus in America that families should spend no more than 30 percent of their income on housing. Until recently, most renting families met this goal. But times have changed鈥攊n Milwaukee and across America. Every year in this country, people are evicted from their homes not by the tens of thousands or even the hundreds of thousands but by the millions.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“If I am not the legal resident of the apartment you cannot evict me. You cannot evict Mrs. Tuttle, who is the legal resident of the apartment, because she is not living here. Unless you accept my check you are not going to receive any rent for the apartment at all because you cannot rent it to anyone else while I am living here because you cannot evict me so they could move in. Mrs. Tuttle will not pay the rent because she is not living here. Sincerely, Marian Griswold”
― Shirley Jackson, Just an Ordinary Day: The Uncollected Stories

“No reported cases indicate whether a breach of an implied covenant of good faith may be raised as a defense to a residential unlawful detainer action [i.e., eviction]. Note, however, that a breach of the implied warranty of habitability may be so raised. See chap 15. It has been argued that the implied covenant of good faith requires a landlord to show just cause to evict a residential tenant. See Bell, Providing Security of Tenure for Residential Tenants: Good Faith as a Limitation on the Landlord's Right to Terminate, 19 Ga L Rev 483 (1985). If the landlord has breached the implied covenant of good faith, the tenant should consider raising that breach as an affirmative defense to the unlawful detainer action.
Because the courts have not yet decided whether the covenant of good faith applies in residential unlawful detainer actions, tenants must look to commercial lease cases for law concerning the covenant. Those cases have found an implied covenant. See 搂搂19.20鈥�19.24.”
― Myron Moskovitz, California Eviction Defense Manual

“It is long settled in California that a landlord who resorts to self-help [such as removing a tenant's personal belongings and changing the locks, even though the tenant is still in legal possession of the property] instead of invoking the unlawful detainer procedure commits a forcible entry and detainer, and is liable for actual and, sometimes, punitive damages (see Jordan v Talbot (1961) 55 C2d 597), regardless of any lease provision giving the landlord the right to reenter on default (55 C2d at 604) or any lien the landlord may wish to exercise (55 C2d at 609).”
― Myron Moskovitz, California Eviction Defense Manual

“If it appears from the face of the [unlawful detainer] complaint that the plaintiff is an improper plaintiff, a demurer will lie. If it is not apparent from the face of the complaint, the issue must generally be raised as an affirmative defense in the answer.
The fact that a plaintiff is not a proper plaintiff would appear on the face of the complaint, for example, when
鈥� The complaint states that the landlord has sold the property; or
鈥� The name of the plaintiff is not the same as the name of the landlord on the lease attached to the complaint, and the plaintiff does not allege that he or she is the successor in interest.”
― Myron Moskovitz, California Eviction Defense Manual

“After being served with a notice, tenants sometimes try to avoid being served with the summons in the unlawful detainer action. Occasionally, they ask counsel's advice on whether to do so. Counsel should advise the tenant not to try and duck service for three reasons:
鈥he landlord is likely to catch the tenant at some time and effect service, despite the tenant's efforts to avoid service;
鈥he court might learn of the tenant's efforts to avoid service and, in ruling on various issues, may believe the tenant is a deadbeat; and
鈥f the landlord prevails in the unlawful detainer action and recovers costs, the tenant's actions will have probably increased the costs the tenant will be responsible to pay.”
― Myron Moskovitz, California Eviction Defense Manual

“Subletting may create a different problem for the tenant who sublets. Under some [rent control] ordinances, a tenant who sublets for a fixed term (e.g., a 3-month vacation) may not be able to evict the subtenant at the end of the subletting. This situation would arise if only persons with a specified record interest in the property have a right to evict for owner occupancy. The tenant (the seblessor) would not be able to evict the subtenant to reoccupy the premises, because the seblessor is defined as a "landlord" in the ordinance but not as an "owner." (If there is no other cause to evict, the owner-landlord could not evict the subtenant unless he or she planned to occupy the unit.)
Counsel representing a subtenant should review the local ordinance to ascertain whether it defines a tenant as the "landlord" of the subtenant or if the definition of "tenant" includes any "subtenant." If so, the subtenant would have all the rights of a tenant under the ordinance. At least one ordinance specifically addresses this problem by providing that any landlord (not just an owner) may evict to recover possession for his or her own occupancy "as a principal residence" if the landlord previously occupied the unit and reserved the right to recover possession under the rental agreement. See Berkeley Mun[icipal] C[ode] 搂搂13.76.040, 13.76.130. See also SF Rent Bd Rules & Regs 搂6.15C(1), discussed in 搂17.5. (In San Francisco, a well-informed tenant who is subletting will expressly reserve continued exclusive "possession" of some limited space so that the tenant can immediately enter on returning to the premises. Then, if necessary, and with proper compliance with the regulations, the tenant can evict the subtenant without cause.)
It is unclear whether the Berkeley ordinance prohibits a landlord from evicting an unapproved subtenant and recovering possession, especially in light of the Costa-Hawkins Act (see 搂搂17.1A鈥�17.1G). If the landlord may not, then apparently the tenant who sublets may not object to further subletting by the subtenant. Such further subletting might, however, bar the tenant's right to recover possession. Berkeley Mun C 搂13.76.130 specifies that the right to recover occupancy must be in "an existing rental agreement with the current tenants." (Emphasis added.)
A tenant who takes in a roommate by subletting must be distinguished from one who takes in a roommate with the landlord's consent, i.e., a cotenant. The roommate becomes a tenant of the landlord rather than a subtenant of the original tenant. In this situation, the original tenant has no right to evict the roommate. Only the landlord may evict and must have just cause [as defined by the ordinance] to do so if the roommate is found to be a tenant under the local eviction control ordinance.”
― Myron Moskovitz, California Eviction Defense Manual

“Some rent control ordinances permit a landlord to evict a tenant in order to rehabilitate a unit. [....] Such evictions are usually conditioned on the landlord's obtaining all necessary permits before the eviction. Some ordinances require that the tenant be given (1) the right to occupy any vacant unit that the same landlord owns within the city, (2) the right to reoccupy the vacated unit on the completion of the rehabilitation work, or (3) a payment to defray the costs of relocation. [....]
A landlord who refuses to allow the tenant to reoccupy the vacated unit is subject to liability under the governing ordinance.”
― Myron Moskovitz

“[In] NIVO 1, LLC v. Antunez, 217 Cal.App.4th Supp. 1 (2013) The Appellate Division of the Los Angeles Superior Court held that a tenant may not be evicted for failure to buy renter's insurance even if the lease requires purchasing insurance.”
― Madeline Howard, California Eviction Defense: Protecting Low-Income Tenants 2014

“For many landlords, it was cheaper to deal with the expense of eviction than to maintain their properties; it was possible to skimp on maintenance if tenants were perpetually behind; and many poor tenants would be perpetually behind because their rent was too high.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“When tenants relinquished protections by falling behind in rent or otherwise breaking their rental agreement, landlords could respond聽by neglecting repairs. Or as Sherrena put it to tenants: 鈥淚f I give you a break, you give me a break.鈥� Tenants could trade their dignity and children鈥檚 health for a roof over their head. 13 Between 2009 and 2011, nearly half of all renters in Milwaukee experienced a serious and lasting housing problem. 14 More than 1 in 5 lived with a broken window; a busted appliance; or mice, cockroaches, or rats for more than three days. One-third experienced clogged plumbing that lasted more than a day. And 1 in 10 spent at least a day without heat. African American households were the most likely to have these problems鈥攁s were those where children slept. Yet the average rent was the same, whether an apartment had housing problems or did聽not.

Tenants who fell behind either had to accept unpleasant, degrading, and sometimes dangerous housing conditions or be evicted. But from a business point of view, this arrangement could be lucrative.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“But this house felt strange. Dave asked what was going on, and John explained that the name on the eviction order belonged to the mother of several of the children. She had died two months earlier, and the children had simply gone on living in the house, by themselves.

As the movers swept through the rooms, Gray Eyes took charge, giving orders to the other children; the youngest was a boy of about eight or nine. Upstairs, the movers found ratty mattresses on the floor and empty liquor bottles displayed like trophies. In the damp basement, clothes were flung everywhere. The house and the yard were littered with trash. 鈥淒isgusting,鈥� Tim said to the roaches scaling the kitchen wall.

As the landlord changed the locks with a power drill and the movers pushed the contents of the house onto the wet curb, the children began to run around and laugh.

When the move was done, the crew gathered by the trucks, instinctively stomping the ground to shake loose any stowaway roaches. Those who smoked reached for their packs. They didn鈥檛 know where the children would go, and they didn鈥檛 ask.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“Poor black families were 鈥渋mmersed in a domestic web of a large number of kin and friends whom they [could] count on,鈥� wrote the anthropologist Carol Stack in All Our Kin. Those entwined in such a web swapped goods and services on a daily basis. This did little to lift families out of poverty, but it was enough to keep them afloat. But large-scale social transformations鈥攖he crack epidemic, the rise of the black middle class, and the prison boom among them鈥攈ad frayed the family safety net in poor communities. So had state policies like Aid to Families with Dependent Children that sought to limit 鈥渒in dependence鈥� by giving mothers who lived alone or with unrelated roommates a larger stipend than those who lived with relatives.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“One's sovereignty over the land is expressed most powerfully in the act of banishment. Perhaps the first eviction recorded in human history was Adam and Eve's.”
― Matthew Desmond, Evicted: Poverty and Profit in the American City

“One of the best experiences of my life came out of one of the worst experiences.”
― Steven Magee

“Once A Sister by Stewart Stafford

In a mirror, admirably still call yourself sister?
Of festering, viperine plot and scaling threat,
Cast your brother out as a street mongrel,
Then counted coins from his dwelling's sale.

If this is a blood relative, yours is now poison,
And tears his, for none shall believe his truth,
That family acted so cruelly in his innocence,
What made his loved ones mortal enemies?

No apology will ever pass those lips, not one,
Explanations merely justify the unforgivable,
Sober fact imparts the brazen cuckoo nests,
With ignominy's profits in bricks and mortar.

漏 Stewart Stafford, 2022. All rights reserved.”
― Stewart Stafford