critically ill AIDS patient evicted for no reason

You cause a "minor" fire endangering the lives of others and you pretend that you don't know why you're being evicted? Get real man.

You should respect yourself and your neighbors. Don't start "minor" fires. Fires can kill.

And don't be dismissive of the danger of fire. Move on to another place and try not to make excuses if you endanger the lives of others.

I would not want you "minor" firebugs living near me.

You SHOULD get evicted. Maybe you'll learn how to live in an apartment with some concern for the well being of people other than your own household.

Shane

I can't make it to the hearing but I would be inclined to support your position. What is a minor fire?

Your story is a little fishy.

Minor fire in an apartment sounds like an oxymoron. And why would a property management firm think they could illegally discriminate against someone who has previously won an unlawful detainer action agaisnt the landlord?

Your story is a little fishy.

Santa Cruz, CA. --- In a hearing attended by six HUFF members in support, Retired Judge John Anton ruled that under the laws of the State of California,
even a seriously ill AIDS patient can be evicted into the Santa Cruz system of homeless services after 30 days notice, even in the absense of cause.

"If we had a Just Cause eviction law here in Santa Cruz, we would totally have won our case," said Donna Deiss outside Dept. 7 at the Santa Cruz County Courthouse.
"Landlord/tenant law is totally skewed in favor of the landlord." At the hearing, Property Manager Cynthia McCormick testified that of the numerous complaints of noise,
threats to neighbors, and "profanities uttered through a loudspeaker"---complaints that Ms. Deiss claimed she had not heard of until Ms. McCormick's testimony---that none had rated a 3-day notice to amend, a standard procedure for property management companies to use to ameliorate or resolve issues that come up with a tenant.

Ms. Deiss has lived at the Riverfront Apartments for 12 years, longer than the current owner, Mark Tashimi, has owned the property.

Judge Anton seemed genuinely moved after hearing the testimony of SCAP client/patient advocate Jorge Bru, which revealed that while SCAP had been able to provide some rent assistance, considering the housing realities in Santa Cruz, realistically it might take two or three months for them to find new housing they could afford and which would take section 8. He said that the Law did not allow him to rule otherwise.

Much was made of a small fire which Ms. Deiss herself admits to causing, and which she extinguished herself with a wet towel causing very little damage.
Yet when the owner, Mark Tashima was testifying, he admitted he had not seen the damage nor even seen a photo of the damage.
Ms. Deiss submitted photos which showed an area about 10 inches across on the wall which would need to be repainted.

Ms. Deiss raised insurance issues as a possible reason for the eviction, since Shane, as a full-blown AIDS patient could be conceived of as an insurance liability.
McCormick vigorously denied these charges. She contended the fire "was three minutes away from burning down three apartments," though she admitted she had not bothered to check out the damage personally. Tashima's attorney, Nathan Benjamin submitted a copy of a lease which Deiss claims she never signed. In examining
a copy of the lease with a signature written in purple ink, seemingly by her, Deiss announced it was a forgery. "I signed a lease with the previous owner in 1994," she testified under oath. "They tried to get the tenants to sign this new lease, and some did and some didn't."

Shane Maxfield, visibly shaken after the hearing, thanked HUFF members for attending the hearing. "It really helped us to get through this."

At the HUFF meeting following the hearing, HUFF members unanimously passed a resolution calling for a "Just Cause" ordinance and for a 90-day period in which to relocate when a landlord issues a Notice to Quit, for both the City and County of Santa Cruz.

Deiss and Maxfield are currently seeking housing in the Santa Cruz area for either a one or two bedroom unit.
Call the HUFFline if you would like to donate boxes, help with moving, or have any leads on housing for the pair at (831) 423-HUFF.

if oyu read the article below you'd see that the 'minor fire' was just that... almost insignificant. Neither the owner or the property manager "bothered to check out the damage personally." It resulted from a knocked over candle and affected an "area about 10 inches across on the wall"... hardly grounds for eviction, maybe an amendment to the least prohibiting open flames, but even that is a bit extreme.

thought the postings went the other way...

I was present at the Unlawful Detainer hearing, which rubberstamped the landlord's eviction lawsuit. Deiss presented photos showing a small patch of damage on the wall. Neither the landlord, nor the manager, nor their attorney had any evidence of damage to present, as Becky Johnson's account indicates.

In fact, of course, they weren't required to present it. In California, landlords can do whatever they want unless they engage in constructive or retaliatory eviction.

In the upcoming Council race, we need to demand rent control, just eviction protections, and other tenant rights written into law--or commitments to this by the pack of Council officeseekers.

As of a few days ago, Rotkin, Mathews, Bruce Van Allen, Lynn Robinson, Michael Tomasi, and Simba Kenyatta have taken out papers (but not returned them to the clerk) for the race. Demand they address this shamefully neglected issue.

Donna Deiss informed me by phone message today that she received an eviction notice yesterday. This requires her to have a dozen+ years of files, books, papers, and belongings out by Tuesday. She has requested help moving. I believe she is also still seeking a place, having lost the option on the mobile home she hoped to buy. Phone her at 831-426-0644 if you want to help her move or have any helpful information.

You know a way to protest is that any one alse new wants to move in to ask the landlord if any body was unjustly evicted or ask why . Then don't move in .



... or .. or , move in then buy some already dead fish and put them in the wall , plaster the wall up then move out . or .. or .. ok maybe thats a little over the top , but fun .

From the August 2, 2006 unlawful detainer hearing. In this photo, HUFF and HRO member, Bernard Klitzner comforts
Donna Deiss after she lost her hearing.

Here many of the supporters gather around Donna and Shane to offer their condolences
and offer help with moving and looking for new housing. Donna Deiss, who herself has helped
so many fight against evictions by greedy landlords, is now facing homelessness
with her critically-ill partner, Shane.

Is there a way to contact you about joining the Tenant Rights Union? I want to offer my time to this cause and I may know some friends who would be willing to help, as well. I am sorry I missed the court hearing--I just saw this article today (Aug. 5)--contact me at shadowpeoplearereal [at] yahoo.com

TRUSC (the Tenant's Rights Union of Santa Cruz) has been largely dormant, due to disinterest and lack of volunteers, for the last few years, but Donna can still give you some info about it--at 426-0644.

More urgent, however, is her and Shane's need for a truck, boxing help, and moving help. And for emergency shelter or temporary lodging. She and Shane have two days (Monday and Tuesday) to move out over a decade's worth of books and furniture into storage. Then they have to find lodging themselves.

Call her if you want to volunteer to help.

I just went through the same thing. When I came home with a oxygen converter after my open lung biopsy my liberal "Homeless rights advocate" landlord and his wive tried to use a restraining order to get me out faster than I was going. The judge denied it of course -- pouring a drink down the sink was not grounds for a harrassment restraining order. Its all about money!!! They wanted to rent the room to their housekeeper so she could cook for them. Its the "NEW" liberal Chic, rent to people who will work for you in your home.

HAng in there , you are in my prayers. AIDS, Cancer, no body care - its about money$$$$$$$$$$$ And they get away with it because its acceptable, its how business is done in the USA

Thanks to last-day (and day-after) help from Thomas Leavitt, Becky Johnson, Jhon, Tim, & other friends of Donna, she and Shane were able to move most of her furniture into storage by 6:30 AM Tuesday--the Sheriff's notice deadline. The two of them are now temporarily situated in a motel, but still are in desperate need of accomodations. Give a call to 423-4833 and leave a message if you have any ideas, offers, or support suggestions.

I hope to have a further update on my Sunday FRSC show 9:30 AM - 1 PM.

Donna has promised to give us (literally) on-the-street updates if she can.

Landlords in santa cruz county can pretty much do whatever they want. Renters pay extremely high prices, can be evicted for anything, and also have to pay out their lease. It is very difficult to even get a place to rent here at all, with all the credit checks and co-signers that are required. The laws are very much on the side of the landlords. Why do we keep putting up with it? I would like to get some information on doing a rent strike and plan one in santa cruz. Who's with me?

Rent strike
From Wikipedia, the free encyclopedia
A rent strike is a method of protest commonly employed against large landlords such as universities. In a rent strike, a group of tenants come together and agree to refuse to pay their rent en masse until a specific list of demands is met by the landlord. This can be a useful tactic of final resort for use against intransigent landlords, but carries the obvious risk of eviction in some cases.

Historically, rent strikes have often been used in response to problems such as high rents, poor conditions in the property, or unreasonable tenency demands; however, there have been situations where wider issues have led to such action.


http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?sImagePath=Rent.gif&sCategoryPath=/Home/Public+Services/Consumer+Information/Pamphlets&sHeading=Rent&sFileType=HTML&sCatHtmlPath=html/Home_Public-Services_Consumer-Information_Pamphlets_Rest.html
If you have a major complaint, it is possible that the other tenants do as well. Arrange a meeting to discuss the problem. Perhaps all of the tenants will sign a letter asking the owner to make the repair or improvement. They may want to select someone to meet with the owner on behalf of the tenants.

If all else fails, you and your fellow tenants might consider holding a rent strike. But before doing so, consider pooling your money and hiring a lawyer. In California, rent strikes are legal only under certain conditions. Even if you do not hold a rent strike, you may need a lawyer's help.


http://www.geocities.com/Athens/2724/rentrbr2.html
The Barcelona Rent Strike of 1931 not only served to reduce rent costs for working class families but was also an education in self-organisation for thousands of workers. It, along with other stuggles in those years, created an organised working class that in 1936 made the most succesful attempt yet to overthrow capitalism and create libertarian communism.

My boyfriend lives at Riverview. I was there the day of the fire. I heard the fireman say Riverview was 5-10 minutes at most from having three units on fire because the tenant was negligent and passed out after lighting a candle.

I looked through the window as I walked by (I admit I tippy toed) and saw a 3 foot by 5 foot burned area of the wall. Also as I walked past the open door you could see two rabbits running around wild in the unit and the carpet was filthy and matted down and you could smell the poo and pee.

My boyfriend's been doing his laundry at my place for the last several months because when these tenants did their laundry at Riverview, rabbit poo would get left behind in the machines. Also, these same tenants installed a 30 foot antennae for a ham radio that interfered with everyone's radios, tv, computers and phones.

One of the tenants from that unit also screamed and yelled and threatened several other tenants in the complex. Those are just a few of the FACTS that I know, having visited Riverview regularly. It's a really beautiful place with really nice tenants and the people who set the fire in their unit just didn't fit in.

I am so sick and tired of people complaining about their trouble finding rental housing in Santa Cruz and surrounding areas. If you are a renter the first thing you have to remember is that you do not own your shelter. You are a paying guest and should treat the property as agreed to in the lease.

Contrary to the comments posted here, landlords cannot just do as they please. Both owners and renters are bound by the laws of California. When a lease is up and the tenancy continues on a month to month basis all the landlord is reuired to do is give a 30 day notice to vacate. Nothing more, nothing less. Doesn't even need to give a reason.

Too many times I've seen property owners taken advantage of by tenants who move in squatters or sublet rooms to people that were not approved of by the property owner or manager. Property gets damaged or destroyed by people not bound by the lease.

Rent control is not the answer. It would make it harder on property owners and many rental units would be sold to people as their primary residence thus resulting in fewer available units.

So all of you that feel you are entitled to live as you please where you please, wake up! And don't come looking to rent from me. I have no problem filling vacancies with people who live up to their responsibilities.

Clogged toilets cause flooding....a baby could die, I guess. Letting a tick in your home could cause lyme disease.

A minor candle fire is just that: MINOR, UNINTENTIONAL, ACCIDENT.

Get a grip, ya pussy!

I waited almost 2 years to respond to all this. truely this is my very first time looking at this.
wow ! i am amaized how sick minded people kick you when your down.
several facts were not discovered untill all this mess subsided.
first of all i was not even there when this hapend, lol, funny huh? well i came to the house after the fact,
the individual who said we should have been thrown out maybe then we will learn how to bla bla bla!
that arguement is totaly insane and when people kick others when they are down realy shows the ignorance in these people. i call them socialy diseased sleep walking morons. the kind of people you see walking down the street to scared to make eye contact, feel more comfortable pretending to look at the store windows lloll. anyhow ill get to the point.
the point is i came in later that nite when everything was overwith. donna was in the kitchen on my computer system.
i smelled ELECTRICAL FIRE right off the bat! i am a electrronics tech. and i started building my own telivision sets at santa cruz radio&tv, a repair shop i had a lot of fun in. anyhow by the time the fireman got thier the fire was already dealt with. second of all the fireman asumed donna was misusing candals. also donna and i did not share this bedroom.
this was her private space. another thing is when i went into her bedroom that nite, it was dark. and i saw sparking on the floor.
turned out the actual cause was neglected to be found by the neglagent fire man, the lamp donna had just gotten from the store was one of those cheap halogen lamps. and the cord had shorted and melted completely off the base of the lamp. it was melted by combustion. sparking. this wire was left alive on the wet floor by rthe fireman, because he simply asumed donnas neglectfull use of candals. and yes i agree she should not have had candals near such flammable material. i often would clean her aria in fear of this kind of thing. but i took pictures and saved the physical evidence for anyone who thinks im just making up stuff. so like i said i want even thier, i did not share a bed-room with donna.
and i will say my poor health was a blessing in disguise, case it truely made it so i didnt care to even get involved with all the stuff blabbed on the internet, and also no dammage was done to the apartment, just the paint got squarched a little ,
also i was given heads up that tess was responsable for some of the nasty responces on here. and anothrt thing i left donna because of the constant drama. so thier.