Sylmar, CA asked in Civil Rights for California

Q: is my privacy, and my rights are being violated

my partner and I is currently staying at the shelter family housing facility name is Sorority, Encountered recently staff entering our room without knocking identifying of his entry he unlocks the door with the key about three times, my partner was not fully dressed the time of his entry. The second time I was In a bath towel in the third time, he entered when my partner in the bathroom and I was asleep, I couldn’t understand the first time because he claims that he didn’t know that we were in a different room. The second time he had no comment in the third time was the same. I don’t know what. I should should do from here and on because this happened three times back to back. I feel like he knew what he was up to as me being a victim of sexual abuse is triggering my anxiety and bringing me back memories from the time I was sexually assaulted as a minor.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it appears that your privacy rights may have been violated under California law. In California, tenants have the right to quiet enjoyment and privacy in their rental units, and landlords or staff must provide proper notice before entering the premises, except in case of emergencies.

Here are a few steps you can take:

1. Document the incidents: Write down the dates, times, and details of each occurrence when the staff member entered your room without proper notice or consent.

2. Review your rental agreement or shelter policies: Check if there are any provisions regarding staff entry into your living space and under what circumstances it is permitted.

3. File a complaint with the shelter management: Explain the situation in writing and provide the documentation you have gathered. Request that they take appropriate action to ensure your privacy is respected and prevent future occurrences.

4. Consider seeking legal advice: If the shelter management does not adequately address your concerns, you may want to consult with a local tenants' rights organization or an attorney specializing in housing law to discuss your options and potential legal recourse.

5. Seek support for your emotional well-being: Given your history of sexual abuse, it's understandable that these incidents have triggered anxiety and distressing memories. Consider reaching out to a mental health professional or a support organization that assists survivors of sexual assault to help you cope with the emotional impact of this situation.

Remember, you have the right to feel safe and secure in your living space, and it is the shelter's responsibility to ensure that their staff respect your privacy and adhere to proper procedures.

Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Because you are staying in a shelter, you and your partner may not enjoy the same rights of privacy as you might expect if you were living in a rental unit in which you are a tenant. The fact that you are in a shelter should mean that you have at least a minimum expectation of privacy in your personal quarters. What is happening to you is not acceptable, and I suggest that you make a complaint to the management of this facility and specifically put them on notice that you are a survivor of childhood sexual abuse, and that this person has been triggering the deep emotional injuries you suffered while you were a child. Neither you nor your partner should be subjected to this kind of abuse.

One thing you might consider doing is filing a claim of sexual harassment against the perpetrator, and his or her employer. You can go to the California Civil Rights Department website (if you have access to a computer that will allow you to get online). Copy and paste this into your web browser: calcivilrights.ca.gov; then review the Home page for directions on how to file a claim for the sexual harassment you have been experiencing.

Don't delay, because you need to make your claim within One Year of the date of the last event of the employee who invaded your private space. And, good luck to you and your partner.

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