Legal Strategies for Tough Tenant Situations

Legal Strategies for Those Tough Tenant Situations

Dealing with tough tenant situations can involve various challenges, including claims of harassment, failure to maintain habitable conditions, and discrimination based upon disability or other reasons. In addition, housing providers face the ongoing issues of non-payment of rent, lease violations, property damage, and disruptive behavior, requiring housing providers to address these issues promptly and professionally.

 Join us for this important webinar to learn the steps you need to take to steer clear of tenant habitability claims, disability claims under the ADA, and tenant harassment claims, and if you are served with a habitability, disability or harassment claim lawsuit, learn the legal maneuvering and strategy you can deploy to seek coverage and avoid major liability.

Here in California, juries are handing down million-dollar awards in lawsuits alleging rental housing providers have failed to maintain ‘habitable’ properties, or they are harassing residents, or discriminating on the basis of disability or other factors. 

Insurers, concerned that the litigation trend could spread, are adding exclusions to limit their risk. Brokers need to be aware of the impact habitability litigation and coverage restrictions can have on client property programs. To protect themselves, property owners need to take a proactive approach to maintenance of rental housing units and keep detailed records of that work. In addition, property owners need to be aware of the impact that potential litigation and coverage exclusions may have on property insurance policies.

Date & Time:    Tuesday, April 29, 2025, from 11:00 A.M. – 12:00 P.M. (Noon) 

How to Attend:        Exclusively for AAGLA Members, Please Login to Register. 

Rental housing providers in California are facing a growing litigation risk that has caught the attention of insurers across the country. As California juries hand down million-dollar awards to tenants in lawsuits, insurers are taking steps to limit their exposure. Some carriers have already added exclusions to their policies with housing providers now lacking adequate protections from potential business risks.

More and more, local and state regulations allow for recovery of attorney fees in certain habitability claims, which are in addition to compensatory damages award.  The City of Los Angeles, among several California cities, provide for the payment of attorney’s fees as a component of any award for violation of applicable Rent Control Ordinances. The tripling of compensatory awards and the allowance for attorneys’ fees are far more onerous than those instituted by many other cities.

Important Disclaimer: The information and materials provided during this presentation is for general information purposes only. Absolutely no legal or tax advice is being given during this presentation. Keep in mind that every situation is unique, and the laws, rules and regulations are subject to change at any time. So, before acting, be sure to obtain tax and/or legal advice from your licensed professional.

Presenter:

David Canter, Partner, Nicolson Law Group:

The lion’s share of Mr. Canter’s current practice focuses on representing property owners and property managers in the defense of claims asserting breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and private nuisance. With 35 years of experience, Mr. Canter has successfully represented individuals and businesses, varying in size from independently owned local companies to publicly traded national corporations. He has litigated matters involving habitability claims, property disputes, short-term health insurance plans, insurance defense, insurance bad faith, first-party property loss, commercial transportation, premises liability, construction defect, assault and battery, defamation suits, wrongful termination, misappropriation of trade secrets, breach of contract, mortgage repurchase litigation, business disputes, fraud, breach of fiduciary duty, ADA compliance, nuisance abatement and law enforcement/internal affairs investigations.

Throughout his career, Mr. Canter’s well-balanced approach remains the same: provide his clients with candid and thoughtful evaluation of claims and defenses; counsel his clients on the costs and benefits of each stage of litigation; communicate professionally and in good faith with his adversaries; and always zealously represent his clients’ interests through the conclusion of the matter. Mr. Canter is a member of both the Association of Southern California Defense Counsel and the Colorado Defense Lawyers Association.

Presenter:

Christine Ghattas, Associate, Nicolson Law Group:

Ms. Ghattas began her career as a public defender in the Denver office of the Colorado State Public Defender, where she developed her passion for litigation and trial. Through this work, Ms. Ghattas made client-centered representation the primary foundation of her practice. Ms. Ghattas then carried those skills into private practice, centered upon the handling of complex white collar criminal matters.

Throughout her career, Ms. Ghattas’ primary approach has relied upon transparent and authentic communication, to achieve optimal results for her clients. While placing significant value on client input and insight, and by utilizing her ability to extract useful information from adversaries, Ms. Ghattas has been able to make informed strategic recommendations along every stage of the litigation process.

Moderator:

Daniel Yukelson, Executive Director (CEO), Apartment Association of Greater Los Angeles

Daniel Yukelson is currently the Executive Director and Chief Executive Officer of The Apartment Association of Greater Los Angeles (AAGLA).  As Certified Public Accountant, Yukelson began his career at Ernst & Young, the global accounting firm, and had served in senior financial roles principally as Chief Financial Officer for various public, private and start-up companies, including as Chief Financial Officer of Premiere Radio Networks, the largest U.S. radio network and now subsidiary of iHeart Media, and as Chief Financial Officer of Oasis West Realty, the owner of the Beverly Hilton and Waldorf Astoria Beverly Hills.  He is a former planning commissioner in the City of Beverly Hills and had served as Chairperson.

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