What Desmond's work teaches us, though, is that we have a retaliatory eviction doctrine as implemented that is close to meaningless as a way of promoting more habitable conditions and validating the IWH.
One possible solution to this problem would be to simply modify the state retaliatory eviction statutes to prohibit retaliatory eviction in all cases where a tenant complained about a code violation regardless of whether she was behind in her rent at the time of her complaint.
Bradley's
retaliatory eviction claim was analyzed as a mixed motive case because Bradley provided direct evidence of retaliation.
Retaliatory evictions are illegal under state law, but tenants contend that proving evictions are retaliatory is a difficult task for those who cannot afford lawyers.
The issue arose about a year ago after Glendale tenants voiced worries that
retaliatory evictions were on the rise.
The Council went on to state that since it was necessary to protect pet owners from
retaliatory evictions that this provision was adopted.
One more thing too - under the changes, local authorities now have the power to block a Section 21 Notice from being issued in specific circumstances in an attempt to prevent
retaliatory evictions.
GLENDALE - Tenants could be on their way to more protection from
retaliatory evictions, as the City Council votes tonight on an ordinance that would make it more difficult for landlords to kick out renters.
