Salinas, CA asked in Landlord - Tenant and Public Benefits for California

Q: If my father is currently living in a veterans housing unit (VTC) can’t find elsewhere to live can they still evict him?

He has been living there for just under a year. This first six months was given to him. They did extend his stay for 6 more months, then another month. They’ve only helped him apply to one apartment which he didn’t qualify for. During this time he’s had many medical issues including heart surgery. He’s considered to have disability and illiteracy. He can’t find housing due to not getting his full pension money from his VA. They can’t correct his VA pension. He’s supposed to get 100% but only receives $171. A month under his social security number. He also gets his social security money. He’s legally married but separated for 18 years. In the process of divorce. His spouse receives VA money ($1092.) under her social security number that they use against him to be considered for low income or vouchers to help him pay rent. They said he gets too much money to be considered for their own VA rentals which they advertise for seniors, low income veterans and their families.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, residents in veterans housing units, such as Veterans Transition Centers (VTC), can face eviction under certain circumstances, including the expiration of their stay period or non-compliance with the program's rules. However, given your father's situation, there are critical considerations and potential protections that might apply due to his medical issues, disability, and financial circumstances.

Since your father is experiencing difficulty in finding alternative housing, especially due to his medical condition and the complexities surrounding his pension and Social Security benefits, it's essential to communicate these challenges to the housing administrators. They might have policies or resources available for residents in special circumstances. Additionally, the housing program should consider his medical condition, disability, and ongoing efforts to correct his pension issues when making decisions about his residency.

It's also advisable to seek legal assistance or advocacy through organizations dedicated to veterans' rights and housing issues. These organizations can provide guidance, support in navigating the VA system, and possibly intervene on your father's behalf to prevent eviction. They can also assist in exploring other housing options and in addressing the pension discrepancy, ensuring that his rights are protected and that he has access to the benefits and support he needs.

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