Latest Updates from the Law Foundation | New Report Warns of Mass Evictions Post-Moratorium

Dear Friends,

First, my continued wishes for your health and safety during this challenging time. 

My colleagues and I continue to see firsthand the dire circumstances many of our clients are facing. From illness to job loss, the impacts of the COVID-19 pandemic are still reverberating through our community. An article published in the Mercury News in July revealed that Black and Latinx women in California have lost work at three times the rate of white men. As each month passes, the situation worsens.  

Still, I remain hopeful. We can make holistic and transformative change that reflects our value that every human being deserves to be treated with dignity. Reimagining safety in our cities, rebuilding systems with equity at their center, and redistributing wealth were until recently obscure concepts. Today they are being discussed at all levels, by policymakers and in regular conversation. 

I also remain hopeful because of our supporters. Many of you have stepped up during this unprecedented time to provide critical funding to help our community through crisis. Foundations, in particular, have taken an active role in responding to the crisis. On behalf of the Law Foundation, I want to express my deepest gratitude to MAC Viva Glam, May & Stanley Smith Charitable Trust, Silicon Valley Community Foundation, Sobrato Family Foundation, Sunlight Giving and Wells Fargo for awarding the Law Foundation with emergency COVID-19 funding. This support is allowing us to continue offering responsive and innovative services to meet the evolving needs of our community. 

Lastly, I would like to personally thank all of our 2020 Annual Partners, including Cooley, DLA Piper, Fenwick & West, Goodwin Procter, Orrick, Herrington & Sutcliffe, Silicon Valley Bank, and Wilson Sonsini Goodrich & Rosati. It has been inspiring to witness your engagement during this time, despite the very real challenges we all are facing.

In community,

Alison Brunner, Esq.
CEO


NEWS 

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"Eviction Time-Bomb" - COVID-19 Effects Could Push 43,000 Families Out of Their Homes After Eviction Moratorium Ends

COVID-19 has cost thousands of people in Santa Clara County - especially Black and Latinx people working in industries that pay low wages - the jobs and income they depend on to make rent. Over 200,000 working people here filed claims for Unemployment Insurance (UI) or Pandemic Unemployment Assistance (PUA) just between March 15 and May 30, 2020. 

Thousands more, including many of the estimated 95,000 undocumented workers in the county, have likely been ineligible or unable to access programs to replace their income.

While Santa Clara County's eviction moratorium means landlords cannot evict people during the pandemic, renters must still pay back any missed rent within one year after the county ends the moratorium. That bill could run roughly $7,000 for three months without income for the average renter household. 

This new report examines who's most at risk of eviction in Santa Clara County after the current moratorium ends and back rent comes due. It finds:

An estimated 43,000 renter households are at the highest risk of eviction, primarily undocumented workers and others who aren't receiving unemployment or other income replacement. That's roughly 16 times the typical number of evictions filed in a whole year.

  • If just 10%-18% of those folks are evicted and end up homeless (in line with past research), that could double or triple the County's homeless population.

  • As a consequence of racist housing and economic systems, those facing eviction are disproportionately likely to be Black and Latinx, women-headed households, and families with young children.

To avoid this eviction time bomb, policymakers must:

  1. Permanently prohibit evictions for tenants who are unable to pay rent during the state of emergency due to loss of income from COVID-19. 

  2. Ensure every tenant facing eviction has access to legal assistance, education, and services to prevent displacement and homelessness.

  3. Provide tenants most at-risk with relief to cancel rent debt and prevent evictions.

HOW CAN YOU HELP NOW?

  1. Write to your Congressperson supporting the Rent and Mortgage Cancellation Act of 2020. This bill would eliminate all rent and mortgage payments during the COVID-19 national emergency and provide critical relief for tenants and landlords.

  2. Write to local Assembly members supporting Assembly Bill 1436, which would prevent the eviction of renters unable to pay rent during the COVID-19 emergency period, keeping them housed while still allowing landlords to collect rent owed. Find and contact your Assembly member.

  3. We need the Board of Supervisors to extend the eviction moratorium throughout the emergency, and permanently prohibit landlords from evicting tenants who are unable to repay back rent due to loss of income from COVID-19. Can you join us in urging the Board of Supervisors to stop the eviction time bomb?

  4. Donate to the Law Foundation to support our response to the eviction surge. The Law Foundation estimates less than 4% of tenants have an attorney to represent them in eviction court. This unequal balance of power in favor of landlords means most tenants facing eviction don't have a fighting chance of staying housed, regardless of the facts of their case.

  5. Volunteer. Partner with us to address this crisis. Send an email to probono.info@lawfoundation.org to request more information on current and upcoming volunteer opportunities.

IN THE NEWS

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Children Need Support & Resources, Not Criminalization

The Law Foundation of Silicon Valley is proud to stand with the Alum Rock Union and East Side Union High school districts in their recent decisions to end their contracts with the San Jose Police Department. Both boards of education voted unanimously on June 25 to end the contracts. 

Research shows that students of color and children with special needs are disproportionately impacted by police presence at schools. Members of the Law Foundation's Children & Youth program represent students with disabilities, some as young as elementary school age, who have suffered when police were called by school officials to their school to deal with behavioral issues. This practice only serves to traumatize young children and make them more afraid of attending school at all.

Law Foundation attorney Julia Souza commented during the Alum Rock board meeting about the importance of supporting children and families by removing police from schools.

"Cutting the contract is a good start - but it's just that," Souza said about the district's agreement with the San Jose Police Department. "ARUSD needs to continue implementing wholesale reform of all school interactions with police, especially when staff are calling the police for children with special needs." Read more in The Mercury News.


ADVOCACY

Tell Your Legislator: Commit to Equity

The Law Foundation supports "Commit to Equity," a statewide campaign of frontline workers, teachers, seniors, environmentalists, and advocates for social and racial justice. As Californians are struggling under the pressures of the COVID-19 pandemic, we are demanding legislators commit to investing in our communities. Our legislators have a responsibility to ensure that everyone pays their fair share in taxes and that communities of color do not disproportionately bear the burden of the pandemic and its subsequent economic consequences. Take action and demand California Legislators fund bold changes to our budget to invest in our communities and our future.


In Case You Missed It

Photo by Luke Johnson

Photo by Luke Johnson

Advocating for Racial Justice at the City and County-Level

Our community has made it clear: We urgently need elected officials to address police brutality and structural racism. The Law Foundation and many other community organizations are leading the way to push for city and county-level focus on funding to prioritize racial equity. Law Foundation CEO Alison Brunner stressed the importance of "transforming and humanizing" crisis response in a recent San Jose Spotlight article.

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Standing Up for Nonprofit Funding

The nonprofit sector, including the Law Foundation, relies on government funding - local, state, and federal. In June, the nonprofit sector faced significant cuts in California's budget. We joined the community's efforts in calling for legislative leaders to keep funding intact for the critical services many Californians rely on. The initial budget reduction was decreased but county funding will still take a $162 million hit. These cuts will take their toll on the Law Foundation and other important services. You can help offset this impact by donating locally. Visit www.lawfoundation.org/support to make a tax-deductible donation.

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Community Feedback on Diridon Station Area

As the sole legal aid provider on the Diridon Station Area Advisory Group, which is a coalition of 38 member organizations appointed by San Jose City Council to provide input on development of the Diridon Station Area, the Law Foundation is at the table advocating for low-income communities of color. We encourage community members to provide their feedback on the future of the Diridon Station Area, including Google's proposed development project. 

Click here to take the survey. | Nos gustaría que brinden sus comentarios sobre el futuro del área de la estación de Diridon, incluyendo el proyecto de desarrollo propuesto por Google.


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New report: Over 43,000 families in Santa Clara County at risk of homelessness after eviction moratorium ends

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New report finds COVID-19 “Eviction Time-Bomb” could push over 43,000 families in Santa Clara County out of their homes after eviction moratorium ends

A new report by the Law Foundation and Working Partnerships USA finds that without additional protections, County’s homeless population could more than double as landlords evict low-income, Latinx, Black, and undocumented renters

Read the report here.

COVID-19 has cost thousands of people in Santa Clara County — especially Black and Latinx people working in industries that pay low wages — the jobs and income they depend on to make rent. Over 200,000 working people here filed claims for Unemployment Insurance (UI) or Pandemic Unemployment Assistance (PUA) just between March 15 and May 30, 2020. Thousands more, including many of the estimated 95,000 undocumented workers in the county, have likely been ineligible or unable to access programs to replace their income.

While Santa Clara County's eviction moratorium means landlords cannot evict people during the pandemic, renters must still pay back any missed rent within one year after the county ends the moratorium. That bill could run roughly $7,000 for three months without income for the average renter household. 

This new report by the Law Foundation and Working Partnerships USA examines who’s most at risk of eviction in Santa Clara County after the current moratorium ends and back rent comes due. It finds:

  • An estimated 43,000 renter households are at the highest risk of eviction, primarily undocumented workers and others who aren’t receiving unemployment or other income replacement. That’s roughly 16 times the typical number of evictions filed in a whole year.

  • If just 10%-18% of those folks are evicted and end up homeless (in line with past research), that could double or triple the County’s homeless population.

  • As a consequence of racist housing and economic systems, those facing eviction are disproportionately likely to be Black and Latinx, women-headed households, and families with young children.

 To avoid this eviction time bomb, policymakers must:

  1. Permanently prohibit evictions for tenants who are unable to pay rent during the state of emergency due to loss of income from COVID-19. 

  2. Ensure every tenant facing eviction has access to legal assistance, education, and services to prevent displacement and homelessness.

  3. Provide tenants most at-risk with relief to cancel rent debt and prevent evictions.

First and foremost, we need the Board of Supervisors to extend the Eviction Moratorium throughout the emergency, and permanently prohibit landlords from evicting tenants who are unable to repay back rent due to loss of income from COVID-19.

Can you join us in urging the Board of Supervisors to stop the eviction time bomb?

We Cannot Return to "Normal" | Law Foundation Stands with Black Lives Matter

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The Law Foundation mourns the deaths of George Floyd, Breonna Taylor, Ahmaud Arbery, and Tony McDade, and every other person killed by police brutality, state-sanctioned violence, and structural racism. We stand in solidarity with our community and call for systemic change that results in us re-imagining and then building a better world. We need equity, and we must permanently end anti-blackness and violence perpetrated against the Black community. 

Our communities do not need a return to "normal." We need long-term, meaningful change of our systems, institutions, policies, and standards of accountability. As allies and advocates, we must engage with and push forward an anti-racist lens to all areas of our society, including housing, health, education, criminal justice, and more. 

As a social justice organization, we're committed to increasing access to justice for low-income families and communities of color. As lawyers and legal advocates, we understand that laws are not colorblind. Racist laws are the foundation on which our country was built and they continue to perpetuate racial disparities to this day. This is why race equity is at the core of the Law Foundation's vision. 

Racial equity is the fight of our lifetime. And we must hold ourselves accountable first. We'll be looking at ourselves in the mirror and working to do better.

We demand that local, state, and federal institutions do the same. Because Black Lives Matter. And our laws, policies, and practices must reflect this value.

In solidarity,

Law Foundation of Silicon Valley


NEWS

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#AffordableHousingMonth & Keeping Families Housed During the Pandemic

Affordable Housing Month is over, but the Law Foundation wants to keep the conversation about housing equity going. Law Foundation attorneys and community workers have been working non-stop to prevent the displacement of low-income families and communities of color as a result of the COVID-19 crisis. 

Last week, Law Foundation attorneys, together with community partners, advocated for the Santa Clara County Board of Supervisors to address the continued, disproportionate effects of COVID-19 on communities of color. The county extended the eviction moratorium until August 31, and tenants now have one year to pay back rent. The Law Foundation continues to fight for protections and advocate for rent cancellation to ensure that low-income families do not bear the unfair consequences that have come from the public health crisis and economic devastation of COVID-19.

In May, the Law Foundation's Housing program hosted a series of multilingual Virtual Town Halls to inform tenants about the extended eviction moratorium. Together with Silicon Valley At Home, the Law Foundation hosted a panel as part of #AffordableHousingMonth that discussed eviction moratoriums and what's next for the tenants' rights movement. 

Recently, Law Foundation attorney Michael Trujillo was quoted in the Mercury News and San Jose Spotlight.

"This protection is the only thing keeping many families in their homes during this unprecedented pandemic because many cities have not taken up the invitation to pass their own moratoria. Santa Clara County has been slower to reopen than other places in the state and tenants haven't had a chance to earn an income to resume their regular rent payments on June 1." - Michael Trujillo, Law Foundation attorney, in the Mercury News.

"These families are in this situation because they can't earn an income because of the county health order. So, it's really unreasonable to expect them to be able to pay off that debt at the same time that they're resuming their normal rent payments as the moratorium lifts." - Michael Trujillo, Law Foundation attorney, in San Jose Spotlight.

 
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Stock Photo

Fighting For a Family Against All Odds

There's no place like home. But sometimes, your home is where your heart is, and that could be a thousand miles away in another country. When Jasmin*, 19, found out her grandmother was ill with cancer in Honduras, she decided that borders would not prevent her from being with the person that had raised her. However, Jasmin had received Special Immigrant Juvenile Status and was in the process of obtaining her green card. Leaving the country was not allowed. Visiting her sick grandmother meant putting her immigration status at risk, but, in a panic, she felt she had no other choice.

As soon as Kate Manning, Law Foundation attorney, and Lucy Carlos, social worker, found out about Jasmin's tenuous situation, they jumped into action. They researched what legal avenues were available and communicated with Jasmin about her options. They filed for humanitarian parole with several government agencies and worked with Jasmin's mother to collect letters of support from her family, her high school, and her employer. Despite the unlikely odds, a few months later, Jasmin received parole, allowing her to return back to her home in the United States. Even better news, Jasmin recently received her green card! She will no longer have to worry about her status and can visit her family members abroad. 

*Name has been changed for privacy

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Supporting the Affordable Care Act & Advocating for Automatic Stimulus Payments for Everyone

As the United States struggles to overcome the most significant health crisis in a century, the Law Foundation, the National Health Law Program, and its partners filed an amicus brief with #SCOTUS in California v. Texas, a case that will decide the fate of the Affordable Care Act (ACA). Learn more.

The Law Foundation also joined a national advocacy effort in support of making economic stimulus payments automatic for recipients of Social Security Disability Insurance, Supplemental Security Income, and certain Veterans benefits. The efforts were largely successful, with only a limited number of benefits recipients now required to register for the stimulus payment. 

We continue to reach out to nonprofit partners, clients, and government agencies to educate the community about the requirements for the stimulus payments and we're available to community members without access to the internet to help them request the funds.


ADVOCACY

Credit - Ray Chavez - Bay Area News Group

Credit - Ray Chavez - Bay Area News Group

Respecting the Rights of Protestors

After the first weekend of protests about George Floyd's murder, the Law Foundation advocated by letter for the San Jose City Council to end "the continued imposition of an unnecessary, unjust and inflammatory curfew." Andrew Cain, Law Foundation directing attorney for the Children & Youth program, also spoke during the City Council meeting to reinforce the importance of respecting the rights of protestors. 

"The acts that precipitated Sunday's imposition of a citywide curfew resulted from failed leadership, poor decision-making, and inflammatory conduct from officers in response to largely peaceful protests from thousands of community members," Cain said. "San José's leadership should not continue to allow these failures to beget bad policy and harm our residents." Read the full letter here.

As a result of strong community feedback, including from the Law Foundation, San Jose City Council voted to end the curfew. Read more in the San Jose Spotlight and The Mercury News.


In Case You Missed It

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Thank You!

It's been a month since our #COJVirtual Edition, and we're still smiling at all the support we received. Everyone who supported us made a huge difference for the thousands of people we serve! Missed it the first time? The full event is posted on our YouTube page! And it's not too late to make a donation

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'Equity in the COVID-19 World' Panel

This year's Activate Your Summit will be virtual! Alison Brunner, CEO of the Law Foundation, will join Silicon Valley Council of Nonprofits' "Seeking Equity in the COVID-19 World" panel on June 18. Don't miss it! Register today.

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Living with HIV & COVID-19

Get the facts and stay informed! Join Law Foundation attorney Marlene Bennett at the Santa Clara County Public Health Virtual Town Hall: Living with HIV & COVID-19 on June 11 at 6 p.m. People who are fighting HIV and people who work with them can get informed about medical aspects related to COVID-19 and HIV and community resources available for them. Learn more.


PRO BONO SPOTLIGHT

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The Law Foundation's Pro Bono Program started the Small Business Pro Bono Program to advise small businesses about Santa Clara County's COVID-19 eviction moratorium for commercial tenants. We created an MCLE training for volunteer attorneys and match small businesses with pro bono lawyers for counsel and advice. We also provide resource lists and referrals.

In some cases, law firms provide more robust advice to small businesses based on their own expertise, like assistance with applying for loans or other COVID-19 relief programs (including tax relief), and assistance with insurance coverage issues (under property insurance policies, force majeure clauses supply contracts, etc.). We're thrilled to have pro bono volunteers staffing such an important program for our community.

Small businesses can contact the Law Foundation for help by:
Phone: (408) 280-2426 (English) (408) 280-2417 (Español) (408) 280-2424 (Tiếng Việt). 
Email: smallbusinesshelp@lawfoundation.org
Online Contact Form: www.lawfoundation.org/smallbusinesshelp

The Pro Bono Program is in the process of turning all its pro bono work into remote pro bono opportunities including our Name and Gender Marker Change Program, Special Education Program, Identify Theft Program and our new Small Claims Court Program. We are recording our substantive legal training sessions for interested volunteers. We will then match volunteers to clients in each of our pro bono programs so they can "meet" virtually, and the clients can receive the legal assistance they need. We are also actively listening and creating new pro bono programs to meet the community's changing needs.


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