What Is Contract Fraud?

EVICTIONS

Proceed With Caution
Evictions are governed primarily by state law, but the Rent Stabilization Ordinance imposes additional requirements. Evictions are complex proceedings; a landlord must follow state and local law to the letter to successfully evict a tenant. Furthermore, a landlord’s failure to follow certain procedures may entitle a tenant to substantial damages. Rent Stabilization Board counselors are available to help parties understand their rights and responsibilities, but they do not provide legal advice to landlords or tenants regarding eviction proceedings in court. Landlords and tenants are strongly urged to obtain legal advice before filing an eviction action or contesting an eviction attempt. Consult the Other Sources page on our website for referrals and publications.

Financial Help for Berkeley Renters
If you have a tenant who is behind on rent and faces possible eviction, your tenant might benefit from applying to the City of Berkeley’s Housing Retention Program. The program provides financial assistance to Berkeley residents who are behind on rent and face possible eviction. Renters can apply for a one-time grant of up to $1,500. The program, which is administered by the Health, Housing and Community Services Department, serves to help residents keep their housing. Funding is limited and a submitted application does not guarantee a grant. For more information, please visit the Housing Retention Program’s website.

Eviction Checklist - Local Requirements
The Ordinance imposes the following requirements (see B.M.C. section 13.76.130 B, C and D) in addition to state law procedures for evictions:
In the notice to quit or notice of termination, and in the summons and complaint (the lawsuit to evict):
The landlord must specify one or more of the good causes for eviction listed below. (Regulation 1310)

The landlord must allege compliance with B.M.C. section 13.76.080 (registration) for all covered units on the property (compliance means that all registration fees are paid and all registration forms are completed and filed), and with B.M.C. section 13.76.110 (lawful rent levels). (Regulation 1311)

The landlord must allege substantial compliance with the implied warranty of habitability (no serious repair problems) for all covered units on the property.

The landlord must file with the Rent Stabilization Board a copy of the notice to quit or notice of termination, and of the summons and complaint, within ten days of the date they are given to the tenant(s). (Regulation 1312)

Good Cause Required
The “good cause for eviction” provisions of the Ordinance (B.M.C. section 13.76.130) apply to most rental units in Berkeley, including some units that are exempt from registration with the Board or from rent ceiling controls, such as: those constructed after 1980, single-family residences described in Regulation 508, units owned or leased by the Berkeley Housing Authority, and units rented to federal Section 8 participants.

“Good cause” is any one of the following:

1. The tenant fails to pay rent to which the landlord is legally entitled, after receiving a notice to pay or move out within a period not less than three days (also known as a 3-day Notice to Pay or Quit).
2. After a written request to stop the violation, the tenant continues to violate a material term of the original rental agreement or a new provision that was mutually and voluntarily agreed to. However, a landlord may not evict a tenant for violating a subletting prohibition if: (1) the landlord has unreasonably withheld consent to the subtenancy; (2) the tenant still lives in the unit; and (3) the number of total occupants does not exceed the number originally allowed by the rental agreement or the Board's regulations, whichever is greater.
3. The tenant willfully causes or allows substantial damage to the rental unit to occur, and refuses to pay or make sufficient repairs after being asked in writing to do so.
4. On the expiration of a fixed term lease, the tenant refuses to sign a new lease that is substantially identical to the expired one.
5. The tenant continues to disturb the peace and quiet of other occupants after receiving a written request to stop.
6. The tenant, after receiving a written request to cease, refuses to allow the landlord access to the rental unit during normal business hours to show, inspect or make repairs on the unit after receiving at least 24 hours' written notice.
7. The landlord must bring the unit into compliance with the Housing Code by making substantial repairs that cannot be made while the tenant lives there. (See additional requirements below.)
8. The landlord has received a permit to demolish the unit.
9. The owner of at least a 50 percent recorded interest in the property, or such an owner's spouse, parent, or child, wishes to occupy the rental unit as their principal residence and there is or was, for 90 days before the tenant was given notice to vacate, no vacant comparable unit available on any property owned by the landlord in Berkeley. (See additional conditions in the Owner move-in section below.)
10. An owner or lessor wishes to move back into a rented or sub-leased unit as permitted in the rental agreement with the current tenant(s).
11. A tenant refuses to vacate temporary housing offered by the landlord after repairs to the tenant's prior unit have been completed.
12. A tenant engages in unlawful activity on the premises.

Eight years ago while living in New Mexico, Mary Hogden was at one of the lowest points of her
life. Dealing with the terminal illness of her father, struggling with serious physical health problems, mental health issues, and an abusive partner, Mary ultimately ended up homeless as well as using and selling drugs. Ultimately, she was arrested for trying to sell to an undercover police officer.

Mary hit rock bottom and made a decision to leave New Mexico and start a new life. In legal terms it was a terrible mistake -- she hadn't dealt with her legal issues yet and became a fugitive. In personal terms it was what may have saved her life -- away from the ghosts and social circles of New Mexico, she reinvented herself.

Landing in Berkeley, Mary received treatment and support from Berkeley Mental Health system. She worked her way through the programs and supportive housing systems, recovering from addiction and her mental health issues. She found full-time work and was able to enjoy the satisfaction of once again having her own apartment to call home.

Mary chose a profession where she could help others that were struggling, working as an outreach worker and advocate for people with mental health issues in Alameda County. She worked tirelessly: organizing, supporting, and helping others. She became a leader in the Alameda County Pool of Consumer Champions where she volunteered hundreds of hours over three years, and was hired by Alameda County Behavioral Healthcare Services to oversee Consumer Relations where she is greatly admired and highly respected.

But now, that fateful choice to flee New Mexico has come back to haunt her.

On February 1st, two US Marshalls entered her work place where they arrested and hand-cuffed her, taking her to Santa Rita Jail where she is currently held without bail while she waits to be extradited to New Mexico.

Mary is in real danger of losing everything she has fought so hard to attain -- her job, her apartment, and her ability to do the things that keep her mentally well. The community is in danger of losing a great leader, supporter, and role model as well.

We know that Mary must be accountable for her past. But we ask the court to consider that this is a loving, loyal, and hard-working woman who is not only fully rehabilitated, but actively making a huge contribution to the community, helping others to break the cycle of mental illness, homelessness and drug addiction as she has done.

The sale of property, the expiration of a rental agreement, or a change in the federal Section 8 status of a unit do not constitute "good cause" for eviction.
Foreclosure on a property does not automatically mean that the tenants must move. Despite what lenders and other successor owners may say, tenants are entitled to remain in the property unless there is good cause to evict. Foreclosure is not one of the good causes listed in the Rent Ordinance. See the discussion of "good cause" above and consult a Rent Board counselor for more information.
The City's ordinance governing conversions of property to condominiums and tenancies-in-common (TICs) includes substantial protections for sitting tenants. Most significantly, the good cause for eviction provisions of the Rent Ordinance will apply, so most tenants in converted properties will not be required to move. An owner planning to convert a rental unit to a condominium must notify the tenant of their rights to: 1) continue to rent the unit, even if converted, and 2) purchase the unit, if they wish. A tenant in a unit converted to a TIC may be evicted only if an owner of a 50 percent or more interest, or the owner's qualifying relative, will occupy the unit. See the discussion of "good cause" above and consult a Rent Board counselor for more information.

Before giving a tenant notice to vacate to perform substantial repairs, the owner must obtain all necessary permits. If, from the time notice is given until the tenant leaves the unit, the owner has other vacant units in Berkeley, one of these units must be offered to the tenant to occupy temporarily or permanently. If the repairs can be completed in 60 or fewer days and the tenant honors a written agreement to vacate the unit at no cost to the landlord (other than the abatement of rent during the repair period), the tenant cannot be evicted. Finally, the tenant must be given the option to re-occupy the rental unit once the repairs have been completed.

What Is Contract Fraud?

Contract fraud occurs when one party in a contract presents information to another that is incorrect, deceitful, or meant to confuse the other party. For example, contract fraud may be found when an individual claims that a contract is for the sale of a car, when in fact the terms of the contract specify that it is for the sale of boat.

There are two main types of contract fraud:

Fraud in the Inducement: This is where the fraud exists with regards to the entire contract; the person is deceived into signing due to the fraudulent circumstances (for instance, they sign because they though the person was a real estate agent, when in fact they weren’t).
Fraud in the Factum: This is where the fraud exists as to a certain fact or description contained within the contract. For instance, if one party signs because they thought they would be purchasing 50 items, when in fact the person intends to sell them 100 items.

In order to prove fraud, it must be shown that: 1) one party knowingly misrepresented a material fact 2) with the intent to deceive or defraud the other party. Also, the other party must have relied upon the misrepresentation, and the misrepresentation must cause them actual loss.

About Bonita House

Our Mission

Building community, dignity and hope with people recovering from psychiatric and substance use disorders.

Background

Bonita House, Inc., (BHI) is a private non-profit mental health agency offering a range of services for adults diagnosed with co-occurring serious psychiatric disabilities and substance use disorders, including intensive residential treatment, supported independent living programs, housing and supported employment, outpatient case management and clinic services. Our outpatient day rehabilitation program works both with adults who have single mental health diagnosis as well as those who are dual-diagnosed.

Based on a social rehabilitation, strengths-based treatment model, Bonita House was developed in 1971 as a humane alternative to traditional psychiatric institutionalization.
Since 1991, BHI has evolved into a specialized dual-diagnosis agency for Alameda County community mental health clients. We are also able to take private referrals into our residential treatment and supported independent living programs. We work with clients and their families towards dual-recovery. We know that when evidence-based practices are used within a nurturing, respectful community, recovery from both disorders is real and attainable.

This guy had sex with the mentally retarded lady below, and possibly smoke crack and other drugs with her...

This happens way to often in a house of adults that supposedly are capable of making decisions for themselves in relation to the type of subsidized housing that we live in.

Got arrested on a arrest warrant and was hiding in our house, and we had to deal with people with guns early in the morning.

What Is Contract Fraud?

Contract fraud occurs when one party in a contract presents information to another that is incorrect, deceitful, or meant to confuse the other party. For example, contract fraud may be found when an individual claims that a contract is for the sale of a car, when in fact the terms of the contract specify that it is for the sale of boat.
There are two main types of contract fraud:

Fraud in the Inducement: This is where the fraud exists with regards to the entire contract; the person is deceived into signing due to the fraudulent circumstances (for instance, they sign because they though the person was a real estate agent, when in fact they weren’t).
Fraud in the Factum: This is where the fraud exists as to a certain fact or description contained within the contract. For instance, if one party signs because they thought they would be purchasing 50 items, when in fact the person intends to sell them 100 items.

In order to prove fraud, it must be shown that: 1) one party knowingly misrepresented a material fact 2) with the intent to deceive or defraud the other party. Also, the other party must have relied upon the misrepresentation, and the misrepresentation must cause them actual loss.
- See more at: http://www.legalmatch.com/law-library/article/what-is-contract-fraud.html#sthash.Q756cOPA.dpuf

I have noticed that for some strange reason we have gotten three copies of house rules that state that there is some kind of change in them and they seem to be doing this in a strange misinterpretation of 90 day eviction notice and for some reason also in triplicate with no real communication as to why or what the changes are...

The house has gotten dirtier unsafe and also more drug pron as well as more intrusive in relation to my privacy and my personal property.

I feel that I may have to defend myself once again with documentary evidence and possibly this time litigation or arbitration.
These are kind of just my personal opinions and feelings on these things as they happen and I may be wrong but most of the time I find out I am not.