Habitation
Today, habitation disputes are governed, controlled or impacted by a web of state and local laws restricting and constraining the rights of property owners. Tarkington, O’Neill, Barrack & Chong has represented owners of residential and commercial rental properties in matters arising out of occupancy and habitation disputes including Landlord-Tenant, Unlawful Detainer, Wrongful Eviction, Rent Ordinance and ADA Accessibility Requirements. The Firm’s clients include owners and managers of a range of properties from single family dwellings and condominium properties, to multi-unit residential properties, and to affordable units run by non-profits.
Representative claims in this practice include:
- Habitability claims and litigation pursuant to California Civil Code Section 1941, et seq. and Health and Safety Code Sections 17920.3 et seq.
- Davis-Stirling Common Interest Development claims and litigation (Civil Code Section 1350, et seq. - Condominium Association Powers, Duties and Obligations)
- Costa-Hawkins Rental Housing Act claims and litigation, including Wrongful Eviction (Civil Code Sections 1954.50, et seq.)
- San Francisco Residential Rent Stabilization and Arbitration Ordinance claims and litigation (Chapter 37, SF Administrative Code), including Wrongful Eviction under Coverage B
- Handicap Accessibility under the Title III of the Americans with Disabilities Act (ADA) and California Code of Regulations, Title 24 compliance actions
- Environmental conditions compromising habitability of property
Regardless of the size and experience of our clients or the magnitude of the claims, our Firm’s extensive knowledge base and experience can be leveraged to efficiently achieve a reasonable resolution of the claims. In addition to defense of claims, our comprehensive representation includes review, analysis, consultation and action relating to lease agreements, insurance policies, indemnity contracts, Homeowners Association documents, and accessibility inspections.