Eviction and Discrimination of Senior Citizen and Qualified Permanent Residents.

Hello, I am what I believe to be a Legal Tenant by the Unruh Civil Rights Act pursuant CA Code §51(a), §51.3(b)(1)(2)(a)(b)and (4) in a Senior Citizen Housing Development. It becomes the Jurisdiction of the Supreme Court according to CA Code §51.1 for violation of any of these rights. A few years back I moved into an Apartment that had an original Written Lease in 1975 and another that expired in 1985 to an 81 year old friend, by his request, to help him get through life a little easier along with his Health Care Provider, employed by the State of California. We lived together for a while very well, but unfortunately my friend, who has suffered from a stroke 30 years ago could not walk anymore. His apartment is on the third floor of a building with no elevators which makes him "House Bound". He went into rehab 8 months ago and he has improved, but still cannot walk. He wants to and can be released to us on the third floor, but it doesn't make any sense economically, socially, or by Health Care ethics, to bring him back home where he wants to be. I have the responsibility of the Durable Power of Attorney for his living conditions and it is difficult right now to make a decision concerning the Unlawful Detainer and Small Claims Court issues that are now in progress.
The current Management who is hired by the Corporation who leases the Property that we reside on from the City has filed an Unlawful Detainer to evict us based on what they believe to be illegal Tenants and a Tenant who doesn't live there anymore. The property has been transferred to the Mayor's Housing Redevelopment Department and is exempt from the local Rent Board Jurisdiction that would have resolved both Housing issues without the Courts. It seems disrespectful of my responsibilities to my elderly friend to not fight for him in Civil Court for some money to relocate with, because he has been a Tenant in good standing for almost 40 years and my Tenancy is legit based on the fact that his last Rental Agreement in 1985, which makes us all a Month to Month Tenancy, states that two additional adults can occupy the unit without additional costs. The Management at the time was notified in writing and did not say anything to the contrary but refused us Parking in the Garage that was granted in writing and used by my friend for 25 years. I have suffered $10,000 in Parking Tickets, Towing, Impound, and Vandalism from parking outside of the protected Garage that I am personally taking the Corporation to Small Claims Court in a few days to collect. The Management Company claims no responsibility to the Parking discrimination case and wants to settle, with no money, with all of us to vacate the Apartment, or we go to Court to defend my elderly friend from becoming homeless with no money and my Legal Tenancy challenged. The legal Tenancy is the Cause of Action of my discrimination case in Small Claims Court. I can't settle and admit illegal Tenancy in a Civil matter and expect to win in Small Claims. At the same time, I don't want to get an eviction on my record hoping to get money for an unfair Eviction of a Tenant with a good history.
I don't know if I should commit to a signed settlement agreement or fight in Civil Court with enough documentation and legal statue on my side and expect to win. I also have questions concerning who is the right Defendant in the Parking case. Should I go after the Management Company at that time also instead of just the Corporation. Please shed some light. Thank You for your Input

You do not appear to be a tenant. You appear to be a lodger who is a caregiver. The management company has clearly by your own admission maintained that distinction. They are still maintaining that distinction by removing you. You can claim all the spirit of tenancy issues you wish. The bottom line is by your own admission, the old man is not coming back and you want to piggy back on his rent control. I do not think you have a chance.

Thanks for the twisted answer. I said that I did not want to live in the Apartment anymore and the Civil issue was about getting money from the Management for his relocation so he can leave the hospital and go into a permanent rest home where he can function on his own to a certain extent. You are making it sound like I am sucking the life out of everyone here when in fact I have been active on a full time basis to look after the Gentleman's personal property and his well being. I have been fighting this eviction on his behalf and his good track record. My name in the lawsuit is because I lived there for 3 years to help this fellow. He trusts me and my actions are of his best interest. I can just bail out and tell him to get lost, why should I chance to Eviction? The man is going to be Homeless at 81 years old because the Management wants his cheap Apartment so that they can rent it for four times as much. I don't see any reason to throw him out without moving money just cause he is in the hospital and can't come home due to deficiencies in the building structure. He has been a good tenant for almost 40 years. Have you heard of the Unrth Civil Rights Act by any chance? I have taken the abuse of the Management by the denial of the our Apartment's assigned parking spot which cost me $10,000. Nobody used that spot while I was here and it remained empty, not to mention that I have photographs of people walking into the same Garage from across the street in the morning to their car in the Garage below us to get in their car and go to work. They don't even live in the building. You call it Piggy backing on his lease I call it something else. Please try to give a constructive answer or don't bother. Thank you

I don't qualify by California law as a lodger. What state are you in?

You are not a lodger, you are a tenant.
The only legal method the management has to remove you, or anyone from the residence is through eviction, especially since the lease expired so long ago. It sounds as if the management company is doing it correctly. They will still have to present their argument to a judge and obtain the order. Is the rent paid in full? Has your friend been unable to return for 8 months? It is not their responsibility to pay for his relocation. I don't see that argument going anywhere at all.
They are also not responsible for your parking tickets. That argument will fall flat. You chose to park your vehicle in whatever locations, and you chose to not comply with whatever parking restrictions because you disagreed with the management. Only you have responsibility for that.

I don't see any traction for a discrimination argument. I see wasted money and stalling for time.

I also don't see how this is construed as a civil rights issue. The original tenant is unable to return and the owner wants to reclaim the property. They have no obligation to allow you to remain there or to accommodate his medical needs. He can rely on health insurance or welfare resources for that.

Thank you Mightymoose and Thank You Disagreeable. The both of you. A dose of reality is what I wanted and you guys laid it on me. Yes, the rents have been paid up to date and my friend can come home anytime for the past 4 months. I have been maintaining a place for him to come back to but it isn't my reluctance that keeps him away. He is not brain dead and my question now is why should I chance an eviction on my record for his possible financial gain he has enough money tucked away to get set up in a rest home and be happy. Then my job as Durable Power of Attorney has been executed well and the best of my ability. I will sign a settlement for a little more time to move out with the Management's Lawyer who really has been good to work with considering he is on the other side of things. I am not looking forward to Small Claims Court on Wednesday because the Manager will be representing the Defendant and she is actually someone who I respect by the way she does her job at the Apartments. (Not the Management that kept me out of the Garage). By the way, I did not choose to park in the street. I was forced to park in the street because of this discrimination issue. There is more to the habitability issue then I wrote to not waste your time. The parking Tickets are a way of life if you park in the street in the Big City. Believe me, I don't ever like getting a parking ticket or paying for one regardless of why I am Parking in the street. I try, like many other intelligent and organized people to avoid tickets, but you slip up here and there with everything else going on, here comes another. 5 tickets then they tow. the bill for towing is twice the ticket price. No one in there right mind would allow themselves to be subjected to that as well as vandalism. I was forced to park there when I feel that the Management could have at least tried to work with me considering the fact that they didn't say no they just ignored me while the parking spot in the Garage was empty the whole time that I was pushed out. I lived there to help a good friend and they knew that. I have to move forward and try. So I fail maybe. Thanks again to the two of you for knocking some sense in my head. It will help in my strategy. Have a good day.