Renters Are Unprotected, Counties Not Able to Enforce Codes for Residential Permit

I n a tough economy people are coming up with new ways to make a quick buck .People are renting out guest rooms, and guest houses to appeal to others who want to pay low rent. This is a big draw for renters since the Central Coast is an expensive place to live. However, it makes for a dangerous mix when it comes to renting out guest houses at low prices.

The bottom line is landlords are supposed to have permits for additional structures intended to be used for dwelling to have people living on their property, but local counties like San Benito say they don’t have the staff to actively enforce those laws. This leaves renters unprotected, and one Aroma resident wants his experience to be a lesson for others.

Ron Rivkin, and his dog have lived in a spacious Aromas guest house for six years, but everything about his cozy, comfortable abode changed one day in September when he called AT&T. His internet service wasn’t working, so he called to speed up his Internet service. AT&T wouldn’t give him a fiber optic cable to update his internet service, because they only give out one per household. They said the main house on the property already had one. AT&T contracts with 911 for service to cross-reference household addresses. Rivkin was informed that his residence was not considered legal.

Rivkin was surprised to hear the news. He not only learned that his home wasn’t legal, but that there was no way for emergency crews to find him if he needed to call 911. The officials would go to the main house first, because they wouldn’t know there was someone living in the adjacent home. Rivkin has had three anoratic aneurisms before; learning this information made him realize he was in real danger.

He confronted his landlord about the illegal residence, and instead of a solution, he was served with an eviction notice. Rivkin contacted the San Benito County Planning Department. They confirmed the permit for his living quarters was documented as a garage. According to San Benito County even if the property owner applied for permits for a second home, the county said it wouldn’t allow it because the plot of land is too small among other reasons. Rivkin knew he had to leave but couldn’t afford to move.

He received a letter from the county stating he was eligible for relocation costs to be compensated by his landlord.

“There is a county relocation code, and part of that is the landlord has to take care of your moving expenses,” said Rivkin.

The relocation code, also states that the landlord would have to compensate for three months worth of rent, and his security deposit back, but the landlord has refused. Instead he wants Rivkin off his property.

“My attorney claims that it’s not a legal eviction because it’s not a legal place,” said Rivkin.

The San Benito County Planning Department couldn’t answer how the legal eviction is allowed if the residence he is living in is illegal in the first place. However, the county did say in this case the landlord can evict the tenant, and doesn’t necessarily have to pay the fees.

“Only if there is an imminent danger to the person who is renting it, then the landlord would have to be for the relocation fees,” said Byron Turner of the county planning department of San Benito County

However, the county deemed the residence dangerous enough to not issue a residential permit, Rivkin has been living there for five months since they red-tagged the residence. Rivkin has been in legal battles with his landlord since September.

Ron says he knows a lot of people who rent like this, and not everyone realizes they are unprotected.

“I am sure a lot of people are nave and think a lease is a lease. I never thought twice about it,” said Rivkin

The county admits they require a permit, but they only operate on a complaint basis, so they don’t have the man power to enforce the codes. In other words, even if Rivkin vacates the premises, there is nothing stopping the landlord from renting it out again to someone different.

Ron has not moved out yet. Central Coast News has reached out to the landlord for a comment, but has not heard back.