My question involves landlord-tenant law in the State of: California
I receive SSD for ~5 years and have a named disability under Federal Fair Housing Act, 42 U.S.C. §§ 3601-3700
and State Fair Housing. I have lived in apt for 10 years and have de facto rent due date of the 3rd of month and have always paid on that day b/c I receive my SSD deposit then. No problems until new management co took over a few years ago and the corp VP turned off my life support despite my pleas to wait until the following week when weather cooled down. She refused and laughed at me. I suffered needlessly since to date the leak has not been fixed. It astounding someone could be so cruel. I have never had a problem with the onsite managers, however; until a few months ago when we got an inexperienced, immature control freak. She verbally abuses me with unwanted advice and her psychobabble. She also lied and made up a nonexistent building code precluding me from keeping a cart in MY parking space while at store so I can keep walker in car.. I contacted city Building Comm and they confirmed no such code. The supr advised me to tell them and if they continued to harass me let him know and his legal dept would handle it. However he has sinced moved on. On May
3rd I was on fone with doctors and hospital trying to see if we could reschedule surgery scheduled for May 4th as I failed pre-op. In doing so I did not immediately return her call DEMANDING the rent be given to her in early morning for her convenience. When I tried to explain she called me 'most selfish self-absorbed person ever' and hung up on me. She then called back and left message that I was never to call her home and tell her she is being childish and she would never call me again. On June 3rd when I was going to store, I had rent check in hand to deposit in her rent box. Instead I was greeted with 3 Day Notice to Quit and an illegal rent increase (backdated to June 1 when actually served June 3). I had neighbor deposit check in box for third party proof. She then blocked my entrance to building with a heavy dufflebag meant to prop open the door. When I asked her nicely to please move it I could not get in with my walker, she lied and claimed it wasn't hers. I saw her put it there when I drove in garage. I chose not to argue at that time, and kicked it enough until I could squeeze in. On the night of June 6th, she called me (breaking her own new rule) to tell me that if I did not pay by the second she would have to give me new notices for late fees regardless and offered to show me generic email sent by company to all properties to start collecting late fees. Since they are illegal in CA they are thinly disguised as rent increase. The previous manager told me several elderly peeps paid on third also since they relied on their SS for rent. I had enough of her and lost it on her albeit I was too drugged to really tell her what I thought of her. This is clearly retaliation on their part.
I filed complaint with Housing Rights Center but my case person is not familiar with the law. The reasonable accomodation of the 3rd is a "MUST" not 'will u please?" Besides they waived any rights since for 5 years they have accepted the 3rd with no problems.
Can I sue the city for hiring incompetent peeps that no nothing about the job they have?
This manager is not qualified and I don't want to put up with her or management company anymore. My claim is such an obvious violation to any reasonably intelligent person. In addition to harassment, I want intentional infliction of emotional distress as well as punitive damages. Which court is best to file state or federal and why? There is good chance I would be filing in pro per.
p.s. This rent collector thinks sending someone to my unit to pick up the rent check early in the am to suit her schedule for the day is PROOF of how well she treats me. Nothing she does is for my benefit, strictly her own. I have no problem with giving the check as long as monies have been deposited which is easy enough to check online. I will NOT post date checks as she has often demanded and told her it is illegal. Nonetheless she keeps demanding if it is to her convenience. When I refuse, I get an earful of unwanted and unasked for psychobabble. An elderly couple who have lived here longer than me, give in to her demands but are very uncomfortable and worried in the event the SS monies are not deposited or they deposit it sooner. I told the couple to tell her NO, it is illegal and they have no obligation to comply with an illegal criminal request.