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Nonprofit legal team fights back against evictions in L.A. County - Long Beach Press Telegram

With dozens of people crowding the second floor hallway of the Long Beach courthouse, attorney Matthis Chiroux made an announcement that rang from one end of the hall to the other.

“Hello, my name is Matthis, and I am an attorney who represents tenants,” the wiry 36-year-old Alabama native said on Monday, Feb. 24. “If you are here today because you are a tenant being evicted by your landlord, I may be able to help you free of charge, if you are somebody who was granted a fee waiver by the court.”

A fee waiver is awarded to people who can prove they have low incomes, and it’s the easiest way for Chiroux to confirm his pro bono services are being offered only to people who can least afford an attorney. The work, Chiroux said, feels as though he’s at the center of the housing crisis and the fight against homelessness.

“I’ve seen what happens to people when they get evicted,” said Chiroux, who previously worked in legal aid helping individuals who were homeless. “I’ve seen this process. I know where they are going if they don’t get a fighting chance.”

Chiroux is a lawyer with the nonprofit BASTA, a legal defense firm specializing in tenant’s rights and housing in Los Angeles County. The firm typically offers free or reduced-cost services. But since November, in response to a wave of evictions ahead of a state law meant to protect tenants which went into effect in January, it’s offered an entirely free service it calls “BASTA Universal!” at 11 courthouses throughout the county where evictions take place.

Stopping evictions, waiving rent

In the first 90 days of the program, attorneys for BASTA have been able to prevent about 40 evictions, had rent waived worth roughly $530,000 and helped secure relocation costs totaling more than $50,000.

Each Monday and Wednesday morning, when eviction hearings occur, attorneys such as Chiroux fan out across the county and pick up clients in the hallways of courthouses just minutes before they are due to appear before a judge.

Many of the cases come together in the few minutes before court. That’s how, for example, Chiroux came to represent Timothy Boyle, 52, on a recent Monday in the hallway of the Governor George Deukmejian Courthouse in Long Beach. Boyle, like many others facing eviction, arrived without an attorney and not knowing what to expect. When he heard Chiroux make his announcement, Boyle approached him.

Boyle received a 60-day eviction in November through no fault of his own, he said, even though he was able to make the rent. Chiroux managed to keep him in the unit.

“He’s heaven-sent,” Boyle said. “I don’t know what I would have done.”

Not everyone, however, agrees with that assessment — particularly landlords who face BASTA attorneys.

Joani Weir, who founded Better Housing for Long Beach, which advocates for landlords, said BASTA spreads misinformation and advises tenants to stop paying rent for a certain amount of time. Facing BASTA in court can cost landlords thousands, she said, through a legal process that can result in landlords paying legal fees and losing several months’ rent, she said.

“I don’t think they are looking out for the tenant and the property owner,” Weir said. “I think they are looking out for their own financial gain. If they were a real advocate, they would negotiate with the landlord rather than going to court. They distort and destroy credit with some shady practices.”

Boyle, in his case, faced a no-fault eviction, like many others throughout California in the final months of 2019 after Gov. Gavin Newsom signed the Tenant Protection Act in October. The law created rent control and limited no-fault evictions. In response, a wave of landlords issued eviction notices between the time Newsom signed the law and its starting date in January. Cities such as Long Beach, Los Angeles, Torrance and dozens of others then passed ordinances extending provisions of the law retroactively.

Without any savings and living paycheck to paycheck, an eviction would mean that Boyle, who drives full time for the ride-hauling company Lyft, could be forced out on the streets, or have to ask family members for help.

“I’m too old to be homeless,” he said, “but the reality is this could happen.”

Sharon Rice, who had been living in the Sepulveda Basin until last week when all of the homeless were ordered out of the area, washes her laundry at a laundromat in Van Nuys. Rice and many others who were living in the area find themselves even “more homeless” than they were before. (Photo by David Crane, Los Angeles Daily News/SCNG)

Success stories

Out of 167 cases taken by BASTA in the first 90 days since November, their attorneys successfully kept tenants in their homes 25% of the time. In 95% of cases, the record of an eviction was sealed so tenants can find a new home without a negative credit report.

At one of the busier courthouses for evictions in Long Beach, in the first 90 days, Chiroux and others helped 172 individuals, spread across 68 cases. Of them, 55 were able to stay in their homes. For everybody else, they received some sort of move out waiver, helping 104 individuals relocate. And in every case, the records were sealed.

But not everybody views BASTA as a success story. At a Lancaster Criminal Justice Commission meeting on Aug. 14, two commissioners and the Lancaster assistant city attorney openly disparaged the organization publicly.

Commissioner Howard Harris asked if there was any kind of ordinance the city could pass to “combat” the local attorneys from BASTA.

“A lot of people know about BASTA, but it’s becoming a real havoc,” said Harris, a real estate agent recounted the story of a particular client: “We gave the tenant a 60-day notice. They went to BASTA, and it’s now costing (landlord) $3,500. And they’ve been in the property for three months without paying.”

Assistant City Attorney Joclyn Corbett said that while she agreed with Harris, the city could not get involved. Neither Corbett nor Harris returned requests for comment.

“As an individual, not on behalf of the city, I think it’s a shakedown and a scam,” Harris said of the nonprofit during the commission meeting. “But we don’t have any authority to draft an ordinance banning BASTA from conducting business in the city. That’s not something that’s within our purview, and it’s never appropriate for the city to inject itself into the landlord-tenant relationship.”

BASTA founder and president, Daniel Bramzon, was appalled when he heard the remarks at the meeting.

“We are a nonprofit that helps poor people,” said Bramzon, who started the organization in 2005 when he saw there were few resources for low-income people facing eviction. “Something is wrong with the whole housing system. The proof is in the streets. Ten years ago, this didn’t exist. It has progressively gotten worse.”

Bramzon pioneered the use of a jury trial in eviction cases. Before he started challenging landlords to jury trials, and judges allowed it, the practice was unheard of, according to Chiroux. The legal tactic raised the stakes for landlords, and means that evicting someone could potentially cost a lot more money.

Bramzon said his group was funded from contributions, court judgments and, in some cases, small client fees. He was working on getting county funding but as of yet, it receives no government funding. In 2017, the firm reported $2.8 million in total revenue, based on its IRS 990 tax filing.

For Diana Alvarado, an attorney for BASTA who works mostly out of the Compton courthouse, the rewards of the job come in hugs and appreciation.

“Some people tell me they were praying and you came along,” she said. “It feels good. Yes, I’m helping somebody else, but I get a feeling that I’m doing a good deed. I’m happy when I’m able to change their outcome.”

Often, tenants come to the courthouse extremely worried. They are told they will get a judgment, and they have to leave that day, Alvarado said.

“So they walk in with those notions that they will get evicted and locked out,” she said. “But that’s not true. Even if you are going to lose your case, the sheriff won’t lock you out completely.”

Coming together

Walking toward the Long Beach courthouse on a recent Monday, Chiroux was excited about the day ahead. He believed he was going to prevent at least a few people from facing homelessness.

In recent years, the homelessness and affordable housing crisis has reached unseen proportions in Los Angeles County. Last year, the numbers of people experiencing homelessness jumped an estimated 12%, to nearly 59,000 people.

“We can’t save everybody,” Chiroux said, “but at least we can give them a fighting chance.”

There was a flurry of activity in the hallway before facing the judge. Chiroux, who introduced himself and took on several clients a little after 8:30 a.m., worked at a hurried pace until noon, first collecting documents, then briefly understanding each case before making an offer to an opposing lawyer or the landlord on the spot, in what is known as a stipulation. If it’s accepted, the case can be resolved that morning. If not, then Chiroux will take the case to a bench trial — meaning it will be heard only by the judge — in the afternoon.

On that morning, Chiroux took five cases. In one of them, Anthony Parker, 57, was facing eviction when he met Chiroux in the hallway. After agreeing to have Chiroux represent him, Parker took a trip to the restroom, where he was intercepted by his landlord and attorney. If he didn’t go with Chiroux, Parker was told, he could get a better deal. The attorney representing the landlord could not be reached for comment afterward.

At first, Parker was tempted. But Chiroux and the other clients he picked up that day persuaded him to stick with the attorney and let Chiroux do the bidding. Chiroux quickly wrote an agreement and hashed out the particulars.

Parker, who worked for 40 years as a pressman, moved to Long Beach about two years ago from Georgia. In March 2019, carpal tunnel syndrome in his hands forced him to stop working. Because workers compensation had not paid out yet, Parker fell behind on rent and received a 60-day eviction notice.

Without family nearby, Parker said, he’d likely sleep in his car if he got evicted, until he got back on his feet.

“It hurts because I did what I was supposed to do,” he said. “I worked all my life.”

The deal Chiroux cut allowed Parker to stay in the apartment as long as he covers the back rent by April 1. If not, then he can walk away free and clear.

As Chiroux left the courthouse Monday, hardly having taken a break except for lunch, he felt a sense of pride that he once again helped a few people stay in their homes and off the street.

It might not have been much in the grand scheme of things, he said, but for those individuals, it meant the world.

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