Housing Auth. of the County of Fresno, Cal. v. Valverde

C96300004-9 (Central Valley Mun. Ct. Firebaugh, Cal., filed Apr. 3, 1996). ; Clearinghouse Number: 51156

Description

Public Housing Tenants Argue That Sole Basis for Eviction, Evidence from Son’s Juvenile Court Records, Is Inadmissible

Abstract

Defendant public housing tenants have filed their brief in limine in this action by plaintiff public housing authority (PHA) to evict them after two incidents involving law enforcement and their son. PHA obtained the sole evidence to support tenants’ eviction from their son’s juvenile court records, which are confidential under state law. A superior court standing order purported to allow, in limited circumstances, the release of juvenile court records to PHAs, which were required to file a declaration that the records would be used only for eviction proceedings and that the incident prompting eviction occurred on the premises. Tenants argue that PHA violated this standing order because it did not file a declaration and because the incident complained of occurred off the premises. Even if the records had been obtained in conformity with the standing order, their release was impermissible because the standing order violates the law. Tenants assert that the California legislature has affirmed "its belief that juvenile court record[s], in general, should be confidential" and has narrowly tailored exceptions to that rule. The California Supreme Court recognized in T.N.G. v. Superior Court, 4 Cal. 3d 767 (1971), that juvenile records should not be released without the juvenile court’s express approval. Because the standing order purports to legitimize dissemination of juvenile records to governmental landlords for purposes of evictions, it provides less rights to a class of people (public housing tenants) than to other, similarly situated tenants in private housing. Tenants argue that PHA violated their rights to privacy under the California Constitution and that any use of the juvenile court records violates their rights to equal protection, due process, and the uniform application of laws.

Additional Information

Attorney Information
Defendant represented by Jack Daniel, Central California Legal Services, 2014 Tulare, Suite 600, Fresno, CA 93721, (209) 441-1611; Alice Bussiere on brief.
Docket Date
1996-04-03 00:00:00+00:00