Friday, October 28, 2016

Finding Affordable Medical Care

Many people who need affordable legal representation also find themselves in need of affordable health care.  Whether or not you are covered by “ObamaCare,” finding affordable health care options can be challenging, particularly for the uninsured or the under-insured.

YOUR BEST PATH TO GOOD HEALTH:

Your best defense to disease is to eat a good diet, regularly exercise, and get a sufficient amount of sleep. Maintaining good dental care is also key.

VACCINATIONS:

Drug store chains, Target, and Costco among others offer low-cost vaccinations. Click here to see what Walgreens offers as one possible option. (Note: this is not an endorsement of Walgreens over any other chain drug store or mass merchandiser.)

PRESCRIPTION SAVINGS FOR PEOPLE AND PETS:

Costco has a Costco Member Prescription Program which is free for uninsured members and for insured members whose prescriptions are not covered by insurance. Enroll at any Costco pharmacy and receive lower costs for all prescription drugs including medications for your pets!

DENTAL CARE:

University of Pacific San Francisco is a top dental school in the U.S. Student dentists offer dental services under the supervision of the faculty.  Patients can receive everything from dental hygiene care to dental surgery in addition to an interest-free line of credit for certain services.

University of California San Francisco dental school also offers dental services through their highly reputable dental school.

PUBLIC HEALTH CARE FACILITIES:

Click here for a list of public health care facilities in Alameda County. 

Highland Hospital also has a same day health clinic for uninsured, under-insured, and insured patients.

HIV AND STD TESTING:

Click here for a list of testing facilities and call them for associated costs.

PREVENTING HIV INFECTION:

Recently, advertisements on BART invited people age 18 to 65 to participate in clinical trial studies of the new PrEP vaccination. Pre-Exposure Prophylaxis (PrEP) is currently offered in pill form and is taken daily to prevent HIV infection.  To learn more about PrEP, click here.

CARE FOR WOMEN’S ISSUES:

Women can get a gynecological and a breast screening exam at Planned Parenthood. Planned Parenthood charges patients on a sliding scale and can also refer the patient to a radiology service for low-cost mammograms.

The state of California runs the “EveryWoman Counts” program which provides gynecological, breast screening exams, and pap tests at no cost to women earning under a certain income level, who are 40+ years old, are uninsured, and who are not covered by MediCal.

Sutter Health (CPMC) offers an “African-American and Sister-to-Sister Breast Health Program” to women age 40+ if women meet certain criteria.

RADIOLOGY:

NorCal Imaging is a radiology service in the Bay Area that offers discounted radiology services.

CONCLUSION:

While this is not an all inclusive list for Bay Area residents, perhaps it will help start you in the right direction toward finding affordable care.

Sunday, October 23, 2016

I am a Tenant. What are my Legal Rights concerning my Companion Animal?

Under state and federal law, a service animal and its owner have various legal rights. The animal is not considered a “pet” and, therefore, a landlord cannot charge pet deposits and pet rent. A service animal is trained to provide medic-aid alerts, mobility assistance and other tasks and is specially-trained. Federal laws covering service animals include the Rehabilitation Act, the Americans with Disability Act (ADA), the Fair Housing Amendments Act (FHAA), and the Air Carrier’s Access Act (ACAA).

A companion or therapy animal provides emotional support for its owner and is classified as an Emotional Support Animal or ESA. Companion animals have less legal rights than service animals.  Pet deposits and pet rent can be charged.  However, if the owner can prove that the owner has an emotional disability and the animal is imperative to the owner’s continued good emotional health, failing to allow the animal residency in a rental residence could be considered a discriminatory act under California’s Fair Employment and Housing Act (FEHA). California’ UNRUH act also extends to emotional support animals. Federal laws covering ESA’s include the FHAA and the ACAA.

The relevant sections of state law (FEHA) can be found under Cal. Govn.  Code sections 12955 et seq. There is an also a precedential case on point dating from 2004.  In Auburn Woods Homeowners Association v. Abdelfatah Elbiari, the condominium association had a no dog policy but cats and birds were allowed.  The Elbiari’s adopted an emotional support dog named “Pooky.” After a few months, the condominium association enforced their no dog policy.  The Elbiari’s appealed the association’s decision and provided letters from their medical doctors which detailed their need for Pooky to provide emotional support.  The association suggested that they replace Pooky with a cat; Mrs. Elbiari was allergic to cats.

In February 2000, the Elbiraris, who filed a complaint with the Department of Fair Employment and Housing, received a favorable decision from the Commission, a decision that was challenged on appeal.  The appellate court decided in favor of the Elbiaris and ruled that they needed the dog as a reasonable accommodation.

If you believe that you need an emotional support animal to lead your life;
  • Review your lease clauses carefully concerning pets. 
  • Seek a letter written on your doctor’s letterhead describing your medical condition and the doctor’s prescription for an emotional support animal. 
  • Ensure that your animal is licensed with the city in which you reside and that it has all the required vaccinations. 
  • If the animal is not micro-chipped, visit your local animal shelter or veterinarian to secure a microchip and ensure that the chip is registered with foundanimals.com and with your local shelter.  
  • Provide a copy of the medical prescription to your landlord or property management along with a letter from you asking for a reasonable housing accommodation to include your emotional support animal.  

If you have good documentation and a prescription that will stand up in court and are denied a reasonable accommodation for your ESA, a complaint may be made to the California Department of Fair Employment and Housing.  Know that if you make a complaint, things could get “sticky” between yourself and the property owner and increase your emotional stress.  But also know that the long arm of the law protects people who need emotional support animals from unfair discrimination. 

Monday, October 17, 2016

Make Your Voice Heard on November 8 to Protect Tenant's Rights

As the result of the advocacy of a state-wide tenant’s organization and local grass roots movements, the Bay Area made the New York Times on October 14, 2016.  On the 14th, the Times published an article entitled, “California Today: The Silicon Valley Rent War” written by Mike McPhate.

The article focused on the California Apartment Association (CAA), a trade organization for landlords, which sent a mailer to voters urging them to reject rent control measures on the November ballot and implying that their position was endorsed by the Governor’s Legislative Analyst’s Office (LAO.) The LAO did not endorse the CAA.

Indeed, the CAA has raised slightly over $1 Million dollars to defeat rent control measures in such cities as Mountain View, Burlingame, San Mateo, Richmond, and Alameda.  There are also important rent control measures in Oakland and Berkeley.

Vote “Yes” on:
  • Measure L –     Richmond
  • Measure M1 –  Alameda
  • Measure W –     Mountain View
  • Measure Q –     San Mateo
  • Measure R –     Burlingame
  • Measure JJ –     Oakland
  • Measure AA –   Berkeley

Vote “No” on Measure L1 in Alameda.

For a voter’s guide tailored to you, click here.

Rental rates have increased measurably throughout the Bay Area forcing tenants to move out of their homes and relocate to such cities as Vallejo and Pinnole, increasing their commuter time and limiting their options for public transportation. Your vote is critically important in helping to control rental rates and just causes for eviction.

Thursday, October 13, 2016

Client Testimonial

"Karyn Erickson is an outstanding attorney and [well-versed] in tenant-landlord law. She treated me with respect and compassion through a very difficult and complex matter with my landlord. She advocated for me every step of the way and I felt that she truly cared for my well-being. She listened, offered superb advice and kept me accountable when I needed it. She is also extremely responsive and personable. It is very clear that justice is Karyn’s primary motivator."

-Oakland Tenant, Grand Lake District

Attorney's comments: Client had lived in her apartment for 6+ years.  In 2016, she received an over 35% rent increase and, on its heels, a 60-day notice to terminate tenancy. Attorney was able to achieve an extension of tenancy, a settlement, and no eviction proceeding was brought against Client. Client secured new housing in Oakland and has settled into her new home.

Monday, October 10, 2016

Protect Oakland Renters - Vote "Yes" on Measure JJ

The following is quoted directly from The Committee to Protect Oakland Renters:

"The Renter Protection Act of 2016 will:
  • Require landlords to petition with the Rent Board for rent increases that exceed the Consumer Price Index. 
  • Expand Just Cause eviction protections from the current cutoff date of October 1980 to buildings constructed through 1995. 
  • Expand the duties and powers of the Rent Board and Rent Adjustment Program to increase accountability and effectiveness in implementing tenant protections.In particular, the measure will require the creation of a "searchable data base", which will give tenant advocacy organizations better access to much needed data. 
After months of negotiations, this Act will also:
  • Require annual notices of allowable rent increases 
  • Keep the exemption for owner-occupied duplexes and triplexes."
So, if you live in Oakland and are a tenant, be sure to vote for Measure JJ on November 8, 2016. This is an important presidential election and an important measure to protect tenants in Oakland!