Santa Ana : Move to Evict Former Rent Strikers Considered

A judge will consider on Monday a landlord’s move to evict five families who participated in a rent strike at his Highland Avenue apartments in a case that tenants’ rights activists say could set a precedent for other eviction attempts.

Municipal Judge Manuel A. Ramirez denied a request by Joseph DeCarlo, majority owner of the apartments, to have the families evicted immediately on Friday on grounds of overcrowding and set a hearing for Monday. Occupancy estimates range from four people per unit to as many as eight.

The city’s standard for apartments of that size is three people per bedroom and the landlord was, in fact, directed to lower the density by city inspectors as part of an order to make repairs to the buildings. But Nativo Lopez, an organizer of the strike, and tenants’ attorney Richard Spix argue that other buildings have been given certificates of occupancy despite being over the limit and the standard is unrealistic. “If it were to be strictly enforced,” said Lopez, “they’d have to evict half of Santa Ana.”

Lopez said two of the people being evicted are leaders of the rent strike, in which 19 families began withholding payments in May, and are being singled out because of their roles. The landlord was eventually awarded retroactive rent payments and agreed to a 5% limit on annual rent increases for the next three years. Tenants are now paying $350 per month for small, one-bedroom units.

However, said DeCarlo’s attorney, Terence Calder, the city will not issue a certificate of occupancy until the overcrowding is resolved. He said the fact that five cases are being heard proves that the two leaders aren’t being discriminated against. “We’re not singling them out for anything,” he said.

Judge Gary Ryan will hear the cases Monday, said Calder, in an attempt to work out a solution before going to trial.