1 00:00:00,000 --> 00:00:01,600 [Patricia] You say he's a con artist. 2 00:00:01,667 --> 00:00:04,200 [narrator] Today on Tribunal Justice... 3 00:00:04,266 --> 00:00:07,533 You stayed there 10 months without paying rent. 4 00:00:07,600 --> 00:00:11,633 No, that's incorrect. He received the COVID rent-relief money. 5 00:00:11,700 --> 00:00:13,100 We talked about that. 6 00:00:13,166 --> 00:00:16,367 Somebody's got the law on their side and somebody doesn't. 7 00:00:16,433 --> 00:00:17,567 It might not be you guys. 8 00:00:40,400 --> 00:00:43,533 [narrator] This case was filed in Richmond, California. 9 00:00:43,600 --> 00:00:46,433 Your Honor, this is case #1119 on the calendar 10 00:00:46,500 --> 00:00:48,467 in the matter of Johnson vs. Johnson. 11 00:00:48,533 --> 00:00:50,800 Parties have been sworn in. You may be seated. 12 00:00:50,867 --> 00:00:54,000 [Patricia] Well, I'd like to say this is gonna be a nice, simple case. 13 00:00:54,066 --> 00:00:58,533 But there's a lot of mathematics and calculations and computations 14 00:00:58,600 --> 00:01:01,633 and government agencies and all involved in this. 15 00:01:01,700 --> 00:01:03,967 So, once we hear the word "government agency," 16 00:01:04,033 --> 00:01:05,900 we know there's a problem somewhere in here. 17 00:01:05,967 --> 00:01:10,300 So, Mr. Johnson, who is not related to Mr. Johnson... 18 00:01:10,367 --> 00:01:13,133 So, I'm gonna call you Tharlo and I'm gonna call you Jonathan, 19 00:01:13,200 --> 00:01:15,700 if you don't mind. This way we're not Johnson and Johnson here. 20 00:01:15,767 --> 00:01:19,767 Okay, so, Mr. Tharlo, you rented property from Jonathan. 21 00:01:19,834 --> 00:01:21,800 -Yes, ma'am. -[Patricia] And you did some work on it 22 00:01:21,867 --> 00:01:24,066 before you moved in, you said to make it liveable. 23 00:01:24,133 --> 00:01:27,734 You said while you were doing this work, you noticed there was some mold around. 24 00:01:27,800 --> 00:01:31,265 You accepted the place because in the Bay Area, you say it's very expensive 25 00:01:31,333 --> 00:01:35,800 and the rental here was only $1,250. You signed a month-to-month lease, 26 00:01:35,866 --> 00:01:41,567 you moved in in 2018. Fast forward to January 2021. 27 00:01:41,633 --> 00:01:45,133 You say you defaulted on the rent until April 21st. 28 00:01:45,200 --> 00:01:50,265 In May, you applied for COVID relief and you say that that was approved. 29 00:01:50,333 --> 00:01:53,900 That COVID relief then covered that rent that you didn't pay 30 00:01:53,967 --> 00:01:59,300 from January to April. You then paid rent from May through August 31 00:01:59,366 --> 00:02:03,900 without any problem. And it was in September 2021, 32 00:02:03,967 --> 00:02:07,800 that you claim the Defendant unexpectedly and illegally, 33 00:02:07,867 --> 00:02:11,166 served you with 60 days notice to move out. 34 00:02:11,233 --> 00:02:13,567 And you say that this was an illegal eviction 35 00:02:13,633 --> 00:02:16,300 because the Defendant was not in compliance 36 00:02:16,367 --> 00:02:20,700 with an act called the Ellis Act. The general gist of that Ellis Act 37 00:02:20,767 --> 00:02:26,433 is that you can't just ask someone to leave, in this particular area as well. 38 00:02:26,500 --> 00:02:28,734 That you need to be taking the apartment over for yourself 39 00:02:28,800 --> 00:02:32,900 or a family member, etc., and that the tenant was entitled to a relocation fee. 40 00:02:32,966 --> 00:02:36,133 That being said, sir, you contacted an attorney 41 00:02:36,200 --> 00:02:39,066 and you were told about this relocation fee. 42 00:02:39,133 --> 00:02:43,233 And you stayed there for the next 10 months without paying rent. 43 00:02:43,300 --> 00:02:47,433 You actually moved out on June 1st, 2022 44 00:02:47,500 --> 00:02:51,800 and had not paid the rent from the date of your notice in September of '21 45 00:02:51,867 --> 00:02:55,200 until you moved out. So, you then petitioned 46 00:02:55,266 --> 00:02:58,433 the City of Richmond Rent Board on two issues. 47 00:02:58,500 --> 00:03:03,867 One, you wanted your full relocation fee, which was $13,510 48 00:03:03,934 --> 00:03:07,166 and two, you wanted to be compensated for what you're calling 49 00:03:07,233 --> 00:03:11,133 an uninhabitable apartment, as you mentioned right at the outset 50 00:03:11,200 --> 00:03:14,834 that you needed to do work on and continued to remain in disrepair. 51 00:03:14,900 --> 00:03:17,867 And it was determined that you indeed were entitled to 52 00:03:17,934 --> 00:03:21,633 a relocation fee of the amount discussed. You were told, however, 53 00:03:21,700 --> 00:03:25,133 that you could only get half of that with the notice, 54 00:03:25,200 --> 00:03:30,533 $6,755, the balance to be paid 55 00:03:30,600 --> 00:03:33,667 when you turned in your key and you moved out 56 00:03:33,734 --> 00:03:35,466 after you gave 30 days notice. 57 00:03:35,533 --> 00:03:40,767 What you're suing for here is that balance of the relocation fee 58 00:03:40,834 --> 00:03:44,166 that you say the Defendant unlawfully withheld from you. 59 00:03:44,233 --> 00:03:47,100 Now, at the same time that all this is going on, 60 00:03:47,166 --> 00:03:52,333 you say, no, that's not true, that he's taking advantage of the COVID rules, 61 00:03:52,400 --> 00:03:54,867 the rent relief rules and every rule you can think of. 62 00:03:54,934 --> 00:04:00,600 He hired a lawyer, and then wanted $30,000 from you to get out. 63 00:04:00,667 --> 00:04:04,900 You say he stayed another nine months. He didn't pay rent, according to you. 64 00:04:04,967 --> 00:04:10,967 And you finally received the $8,750 after the Plaintiff left. 65 00:04:11,033 --> 00:04:15,166 You're keeping that money. You say that it's money that he owes you 66 00:04:15,233 --> 00:04:17,934 because he's a con artist. Why does he owe you this money? 67 00:04:18,000 --> 00:04:21,700 He did pay me half of my relocation payment when I moved out. 68 00:04:21,767 --> 00:04:26,467 But I put in for the rent relief form and he ended up getting paid for that. 69 00:04:26,533 --> 00:04:30,433 So, all my rent should be paid up. So, I should receive my whole payment. 70 00:04:30,500 --> 00:04:35,700 I have to tell you it kind of bothered me, like, you asked for $30,000 to move. 71 00:04:35,767 --> 00:04:38,933 Don't you think that you could've been a little more reasonable 72 00:04:39,000 --> 00:04:42,066 with your request, knowing that there is an Ellis Act 73 00:04:42,133 --> 00:04:44,467 and what the monies that they would've allowed you? 74 00:04:44,533 --> 00:04:47,100 That was something the Defense Center wrote for me. 75 00:04:47,166 --> 00:04:49,967 I didn't write that. And then, with the relocation payment, 76 00:04:50,033 --> 00:04:52,300 that was straight from the City of Richmond. 77 00:04:52,367 --> 00:04:54,367 I didn't make that number up either. 78 00:04:54,433 --> 00:04:57,400 So, there are a couple of things here. One of the things we can look at, 79 00:04:57,467 --> 00:05:01,000 because it's simpler to deal with is this $3,000 and change 80 00:05:01,066 --> 00:05:04,367 that you got for the premises being uninhabitable. 81 00:05:04,433 --> 00:05:08,567 You actually had a hearing on that issue, correct? What was wrong with the property? 82 00:05:08,633 --> 00:05:09,633 There was mold... 83 00:05:09,700 --> 00:05:11,700 [Patricia] They gave you $1,500 for the mold 84 00:05:11,767 --> 00:05:14,800 because they said you lived with the mold for almost a year, right? 85 00:05:14,867 --> 00:05:15,867 On and off, yes. 86 00:05:15,934 --> 00:05:18,633 Okay, so, just to make your position a little more clear, 87 00:05:18,700 --> 00:05:20,000 maybe from your perspective... 88 00:05:20,066 --> 00:05:22,133 Why is it you think you can withhold this money? 89 00:05:22,200 --> 00:05:25,500 So, during the settlement agreement, no COVID funds had been approved. 90 00:05:25,567 --> 00:05:27,834 There was no guarantee that I was gonna get the money. 91 00:05:27,900 --> 00:05:30,834 So, the Rent Board, which he agreed to, they said, 92 00:05:30,900 --> 00:05:33,800 since you haven't paid up to this time, it's pretty much equal 93 00:05:33,867 --> 00:05:36,633 to the first half of the payment that I was supposed to give him. 94 00:05:36,700 --> 00:05:41,633 So, they covered your non-payment of rent from October, November, December, 95 00:05:41,700 --> 00:05:46,834 January and February, and then, they gave you $505 towards March. 96 00:05:46,900 --> 00:05:50,967 And that totaled $6,755. So, you didn't get that money. 97 00:05:51,033 --> 00:05:54,633 You got covered for rent. You did apply for COVID relief. 98 00:05:54,700 --> 00:05:59,000 And therefore, you did get reimbursed. He was approved. So now, 99 00:05:59,066 --> 00:06:05,133 you can't have double the rent. He's entitled to get back the $6,755. Correct? 100 00:06:05,200 --> 00:06:09,500 Well, he brought this issue up to the Rent Board, and they said, no, 101 00:06:09,567 --> 00:06:13,133 you were compensated with the rent credit because by the time he moved out, 102 00:06:13,200 --> 00:06:15,633 I still had not received any of the COVID money. 103 00:06:15,700 --> 00:06:19,066 And so, when he left, I paid him the remaining balance of... 104 00:06:19,133 --> 00:06:20,200 Which was how much? 105 00:06:20,266 --> 00:06:23,734 Sixty-seven fifty-five, and at that point, everything was final. 106 00:06:23,800 --> 00:06:28,233 So, that you never had any unpaid rent. Would that be correct, sir? 107 00:06:28,300 --> 00:06:31,600 At the time, when the agreement was finalized, I had unpaid rent. 108 00:06:31,667 --> 00:06:34,834 As you stand here today, did you have any unpaid rent? 109 00:06:34,900 --> 00:06:36,700 -No. -[Patricia] So, you were made whole 110 00:06:36,767 --> 00:06:40,166 with regard to your tenancy. Did you get any other monies 111 00:06:40,233 --> 00:06:43,066 from any other government agency, or the Plaintiff, 112 00:06:43,133 --> 00:06:44,233 other than the rent money? 113 00:06:44,300 --> 00:06:45,266 No. 114 00:06:45,332 --> 00:06:48,033 -[Patricia] Why do you keep looking at her? Do you know more than... 115 00:06:48,100 --> 00:06:49,332 She's my property manager. 116 00:06:49,400 --> 00:06:52,266 You want to step up? Do you want to tell us your name 117 00:06:52,332 --> 00:06:54,633 and why seem to be more in the know than him? 118 00:06:54,700 --> 00:06:56,834 'Cause he keeps looking at you. 119 00:06:56,900 --> 00:06:58,567 Well, that's my son, so... 120 00:06:58,633 --> 00:07:00,800 [Patricia] It's good you look at your mom, then. 121 00:07:00,867 --> 00:07:03,300 Actually, you look too young to be his mother, but go on. 122 00:07:03,367 --> 00:07:04,800 What's your name? 123 00:07:04,867 --> 00:07:06,500 -Karen. -[Patricia] Karen, okay. 124 00:07:06,567 --> 00:07:09,000 So, Karen, why is your son wrong? 125 00:07:09,066 --> 00:07:11,200 -He's not wrong... -[Patricia] Ah, I knew you were... 126 00:07:11,266 --> 00:07:12,433 He's never wrong. 127 00:07:12,500 --> 00:07:14,900 I hear what you're saying that he was paid his rent money. 128 00:07:14,967 --> 00:07:17,600 and you know, why does he have to be, you know, get more? 129 00:07:17,667 --> 00:07:19,367 I feel the same for Tharlo... 130 00:07:19,433 --> 00:07:22,266 I know, but somebody's got the law on their side and somebody doesn't. 131 00:07:22,332 --> 00:07:25,433 And the way I'm seeing this, it might not be you guys. 132 00:07:25,500 --> 00:07:27,700 [narrator] Coming up on Tribunal Justice... 133 00:07:28,033 --> 00:07:30,700 Amount, $30,000. Did you say to your lawyer, 134 00:07:30,767 --> 00:07:32,533 hey, I don't want to take $30,000 from him? 135 00:07:32,600 --> 00:07:33,600 No. 136 00:07:33,667 --> 00:07:36,700 We've come across a bunch of shyster lawyers here from time to time. 137 00:07:36,767 --> 00:07:39,700 Did this lawyer, were they getting a portion of that $30,000? 138 00:07:46,633 --> 00:07:49,467 [narrator] Tharlo Johnson is suing his former landlord, 139 00:07:49,533 --> 00:07:54,233 Jonathan Johnson for relocation fees and an illegal eviction. 140 00:07:54,300 --> 00:07:58,500 Jonathan claims Tharlo was made whole by the Rent Board 141 00:07:58,567 --> 00:08:00,900 and is owed nothing. 142 00:08:00,967 --> 00:08:04,133 [Patricia] I just need to clear things up for me to understand this. 143 00:08:04,200 --> 00:08:06,333 You were completely covered for the rent? 144 00:08:06,400 --> 00:08:08,333 -Correct. -[Patricia] Did you get any other money? 145 00:08:08,400 --> 00:08:10,033 Other than the COVID money, no. 146 00:08:10,100 --> 00:08:15,867 Okay. You, sir, got $13,509.99, correct? 147 00:08:15,934 --> 00:08:20,367 That's incorrect. I got half of that. I was awarded $13,000. 148 00:08:20,433 --> 00:08:23,600 He paid me half of it from my relocation payment 149 00:08:23,667 --> 00:08:26,967 due to the fact I still owed him rent. So, he got to keep half. 150 00:08:27,033 --> 00:08:32,866 But he got paid the other half from the COVID-19 rent relief on my behalf. 151 00:08:32,933 --> 00:08:35,567 Okay. So, your position is, he's double-dipped. 152 00:08:35,633 --> 00:08:36,500 Yeah. 153 00:08:36,567 --> 00:08:39,165 So, the Rent Board said the first half was final 154 00:08:39,232 --> 00:08:41,366 when they gave him rent credits. They said, 155 00:08:41,433 --> 00:08:44,133 whether you receive the COVID money or not, because like I said, 156 00:08:44,200 --> 00:08:47,967 it wasn't approved at the time when we finalized our agreement. 157 00:08:48,033 --> 00:08:51,800 You still have to pay a remaining balance of $6,755... 158 00:08:51,867 --> 00:08:57,867 So, did you go in your pocket and take out money and say, here's $6,755? 159 00:08:57,934 --> 00:08:59,066 Yes. 160 00:08:59,133 --> 00:09:03,900 So, you did that, never having received that money from the government? 161 00:09:03,967 --> 00:09:05,200 -Correct. -Yes. 162 00:09:05,266 --> 00:09:10,367 Sir, when you got that $6,755, he gave you that money, correct? 163 00:09:10,433 --> 00:09:12,834 He had never gotten that money from the government. 164 00:09:12,900 --> 00:09:17,166 So, the bottom line here is, somebody got a check for $8,750. 165 00:09:17,233 --> 00:09:18,800 -Who was that? -Me. 166 00:09:18,867 --> 00:09:21,433 [Karen] When he applied for the COVID relief, 167 00:09:21,500 --> 00:09:25,567 however many months he put on there, it was $1,250 times that amount of months, 168 00:09:25,633 --> 00:09:27,400 was equal to $8,750. 169 00:09:27,467 --> 00:09:30,200 I don't think anybody here is a con artist, to be honest with you, 170 00:09:30,266 --> 00:09:33,200 because I think, at least for myself, it took me quite awhile 171 00:09:33,266 --> 00:09:35,066 to figure out who owed what to whom. 172 00:09:35,133 --> 00:09:38,667 And I think that these rules and laws can be very, very confusing. 173 00:09:38,734 --> 00:09:41,967 And the thing is, sometimes people, Mr. Tharlo Johnson, 174 00:09:42,033 --> 00:09:45,133 intentionally remain in properties knowing that they're not gonna pay rent, 175 00:09:45,200 --> 00:09:48,300 they're gonna get government assistance. And there are other people out there 176 00:09:48,367 --> 00:09:51,934 that are actually struggling to pay their rent and to meet their bills. 177 00:09:52,000 --> 00:09:54,567 Bottom line is, I'm passing this to Judge Levy. 178 00:09:54,633 --> 00:09:57,934 So, if I understand you correct, sir, you received 179 00:09:58,000 --> 00:10:04,000 $13,750 in total for COVID rent relief. 180 00:10:04,066 --> 00:10:05,200 Yes. 181 00:10:05,266 --> 00:10:11,266 And then, you were ordered to pay $13,509.99 182 00:10:11,333 --> 00:10:14,934 -for this Ellis relocation issue. -Yes. 183 00:10:15,000 --> 00:10:20,867 Which leaves you with a grand total of about $240. 184 00:10:20,934 --> 00:10:23,467 -Yes. Yes. -For the entire time. 185 00:10:23,533 --> 00:10:25,066 You have a mortgage on this home? 186 00:10:25,133 --> 00:10:26,066 Yes, I do. 187 00:10:26,133 --> 00:10:27,600 How much is the monthly mortgage? 188 00:10:27,667 --> 00:10:29,333 About $2,500. 189 00:10:29,400 --> 00:10:32,300 So, that's $30,000 a year that it costs you to run the place. 190 00:10:32,367 --> 00:10:36,400 You got from the government $13,750 for the COVID rent. 191 00:10:36,467 --> 00:10:38,200 You paid, out of your own pocket, 192 00:10:38,266 --> 00:10:40,667 you paid half of that but he's asking for the other half. 193 00:10:40,734 --> 00:10:41,734 -Mm-hmm. -[Adam] Right. 194 00:10:41,800 --> 00:10:43,800 So, that pretty much cancels out the rent 195 00:10:43,867 --> 00:10:47,033 versus what you're paying for the relocation. Right? 196 00:10:47,100 --> 00:10:50,200 So, the $30,000... What did the government give to you 197 00:10:50,266 --> 00:10:54,165 so that you can pay your mortgage, pay your interest and do that? 198 00:10:54,233 --> 00:10:55,433 -[Karen] Nothing. -Nothing. 199 00:10:55,500 --> 00:10:58,300 [Adam] Nothing. That's what I figured. And so it seems to me, 200 00:10:58,367 --> 00:11:01,567 and again, you know, I'm trying to wrap my head around this, 201 00:11:01,633 --> 00:11:04,200 So, instead of the government saying, we're gonna help people, 202 00:11:04,266 --> 00:11:07,567 like the Plaintiff, who need help, who are in a tough financial way, 203 00:11:07,633 --> 00:11:11,700 to relocate so they can find another place when something like that happens, 204 00:11:11,767 --> 00:11:14,467 what the government said is, you know what, it's much easier for us 205 00:11:14,533 --> 00:11:18,100 and it's better for our books if we simply don't pay anything 206 00:11:18,166 --> 00:11:21,367 and we just require landlords to. Isn't that what they're doing? 207 00:11:21,433 --> 00:11:23,000 Yeah, pretty much. 208 00:11:23,066 --> 00:11:25,734 I get that. But it's different because there are some landlords 209 00:11:25,800 --> 00:11:29,033 that you know, it's a full business, they got 500 apartment units. 210 00:11:29,100 --> 00:11:31,300 This is just the cost of doing business for them. 211 00:11:31,367 --> 00:11:34,066 -How many units do you rent? -[Jonathan] Just that one. 212 00:11:34,133 --> 00:11:38,200 Just that one. So, you get treated the same exact way 213 00:11:38,266 --> 00:11:41,567 as a company who's making $100,000,000 a year renting out apartments. 214 00:11:41,633 --> 00:11:42,567 Right. 215 00:11:42,633 --> 00:11:45,533 Now, to the Plaintiff, in your complaint, you said that it took a lot 216 00:11:45,600 --> 00:11:47,433 for you to recover financially due to COVID 217 00:11:47,500 --> 00:11:50,033 and you're still struggling to get on your feet. Explain that. 218 00:11:50,100 --> 00:11:53,300 My job took a hit. We was pretty much the first ones out. 219 00:11:53,367 --> 00:11:56,767 -[Adam] What'd you do? -I'm a trade show installer. 220 00:11:56,834 --> 00:12:01,233 I'm a foreman. If you're familiar with conventions, we build all that. 221 00:12:01,300 --> 00:12:04,266 And so, you took a hit because you couldn't go to conventions, 222 00:12:04,333 --> 00:12:08,066 you weren't building out these areas. So that was the financial hit you took. 223 00:12:08,133 --> 00:12:10,934 Right? And did you apply for any type of PPE money? 224 00:12:11,000 --> 00:12:11,867 No. 225 00:12:11,934 --> 00:12:14,266 Okay. You were just out of work for a period of time. 226 00:12:14,333 --> 00:12:16,000 And that's why you couldn't pay your rent. 227 00:12:16,066 --> 00:12:16,934 Yeah, pretty much. 228 00:12:17,000 --> 00:12:20,000 You with millions of other people. Yeah, there's nothing wrong with that. 229 00:12:20,066 --> 00:12:22,233 And that was the purpose of the rent relief, 230 00:12:22,300 --> 00:12:25,166 was to give tenants in your position that exact relief. 231 00:12:25,233 --> 00:12:29,500 What I have an issue with is the letter that your lawyer sent. 232 00:12:29,567 --> 00:12:34,300 Because that letter is demanding $30,000 from the Defendant. 233 00:12:34,367 --> 00:12:37,433 And I know that you said that you never asked for that. 234 00:12:37,500 --> 00:12:40,834 That was what your lawyer put there in the letter. It was a demand letter. 235 00:12:40,900 --> 00:12:43,333 Right, you saw it. But when you saw that amount, 236 00:12:43,400 --> 00:12:48,266 $30,000, did you say to your lawyer, hey, I don't want to take $30,000 from him? 237 00:12:48,333 --> 00:12:50,300 I know what he's gonna go through financially. 238 00:12:50,367 --> 00:12:52,400 He's just a mom-and-pop, you know, landlord. 239 00:12:52,467 --> 00:12:54,600 -You didn't say that to the lawyer though. -No. 240 00:12:54,667 --> 00:12:57,934 There's no way I would've accepted $30,000 from him, and I told him that. 241 00:12:58,000 --> 00:12:59,433 We talked about that. 242 00:12:59,500 --> 00:13:03,934 We've come across a bunch of shyster lawyers here from time to time. 243 00:13:04,000 --> 00:13:07,166 I'm not gonna call this one out by name, but did this lawyer 244 00:13:07,233 --> 00:13:09,367 and this organization that the lawyer worked for, 245 00:13:09,433 --> 00:13:13,166 were they getting a portion of that $30,000? Like a contingency fee? 246 00:13:13,233 --> 00:13:15,266 [Tharlo] See, that's not my personal lawyer. 247 00:13:15,333 --> 00:13:17,166 All this was going on with a lot of people. 248 00:13:17,233 --> 00:13:20,867 I didn't even personally meet her. They help people out like me, 249 00:13:20,934 --> 00:13:22,166 that don't know what to do. 250 00:13:22,233 --> 00:13:25,400 That's what they're there for. My last question to you, sir. 251 00:13:25,467 --> 00:13:29,467 Why is it that you believe this signed waiver agreement 252 00:13:29,533 --> 00:13:34,165 that you have signed with the Plaintiff on June 1st, 2022, 253 00:13:34,233 --> 00:13:38,867 relieves you of your responsibility to pay the 2nd half 254 00:13:38,934 --> 00:13:42,667 of the $6,755? Tell me that. 255 00:13:42,734 --> 00:13:45,567 When we had the settlement agreement, the waived rent... 256 00:13:45,633 --> 00:13:49,033 The settlement agreement was in March of 2022. 257 00:13:49,100 --> 00:13:53,467 -And you paid that $6,000... -No. I didn't pay anything out of pocket. 258 00:13:53,533 --> 00:13:55,834 They counted the waived rent as the first half. 259 00:13:55,900 --> 00:13:59,367 And they said June 1st I would have to pay him the 2nd half, which I did. 260 00:13:59,433 --> 00:14:03,300 So, what about this document do you claim relieves you of paying the 2nd half? 261 00:14:03,367 --> 00:14:05,867 The cashier's check shows I paid him June 1st. 262 00:14:05,934 --> 00:14:09,934 -And that was the second half. -And that relieved any and all claims 263 00:14:10,000 --> 00:14:14,066 to the tenancy. So, by him signing off on this, the Plaintiff that is, 264 00:14:14,133 --> 00:14:17,300 the tenant agrees to release all claims related to that tenancy. 265 00:14:17,367 --> 00:14:18,233 Yes. 266 00:14:18,300 --> 00:14:19,934 And that was signed June of 2022. 267 00:14:20,000 --> 00:14:21,333 -Yes. -I have nothing further. 268 00:14:21,400 --> 00:14:23,300 [Tanya] I love my colleagues so much 269 00:14:23,367 --> 00:14:25,734 because they did such a good job with this case. 270 00:14:25,800 --> 00:14:30,200 I feel like the three of you are like the calculus of small claims. 271 00:14:30,266 --> 00:14:35,467 This was a lot to get through, but I want to pick up where Judge Levy left off. 272 00:14:35,533 --> 00:14:40,233 So, Mr. Johnson, given the fact that on June 1st you said you have no more claims, 273 00:14:40,300 --> 00:14:42,734 why are we here right now? Tell me what I'm missing, 274 00:14:42,800 --> 00:14:45,000 'cause it could be something, there's a lot going on here. 275 00:14:45,066 --> 00:14:48,867 'Cause after June 1st, he received the COVID rent relief money. 276 00:14:48,934 --> 00:14:50,200 So? 277 00:14:50,266 --> 00:14:52,667 [narrator] Coming up on Tribunal Justice... 278 00:14:52,734 --> 00:14:55,834 Did you receive $6,755 from them? 279 00:14:55,900 --> 00:14:56,867 Yes. 280 00:14:56,934 --> 00:15:02,066 You got free rent for October, November, December, January, February... 281 00:15:02,133 --> 00:15:03,400 Nothing was free. 282 00:15:03,467 --> 00:15:04,467 [sighs] 283 00:15:12,767 --> 00:15:13,700 So, why are we here? 284 00:15:13,767 --> 00:15:17,166 So, he got paid on my behalf, so, we were square. 285 00:15:17,233 --> 00:15:20,400 -Oh, he got that extra $6,755. -[Tharlo] Yes. 286 00:15:20,467 --> 00:15:24,400 So, what the Rent Board told us was that the first half of the payment... 287 00:15:24,467 --> 00:15:29,333 Six months rent credit was equal to $6,755. 288 00:15:29,400 --> 00:15:35,033 And then, June 1st I paid him $6,755, which equals $13,510 in his pocket. 289 00:15:35,100 --> 00:15:38,700 Right. You gave him six months rent credit which was $6,755, 290 00:15:38,767 --> 00:15:41,767 -and then, you owed him $6,755 in cash. -[Jonathan] Yes. 291 00:15:41,834 --> 00:15:43,133 -And did you pay that? -Yes. 292 00:15:43,200 --> 00:15:44,333 [Tanya] So, why are we here? 293 00:15:44,400 --> 00:15:48,433 I put in COVID rent relief money for him. If he gets that money, 294 00:15:48,500 --> 00:15:49,500 and he gets paid... 295 00:15:49,567 --> 00:15:51,467 [Tanya] This is on top of the settlement money. 296 00:15:51,533 --> 00:15:53,667 -[Tharlo] Yes. -[Tanya] Tell me what it is. 297 00:15:53,734 --> 00:15:58,700 So, right here in this settlement, this is where it says any rent relief granted 298 00:15:58,767 --> 00:16:03,000 will go to pay the 2nd half of the relocation payment. 299 00:16:03,066 --> 00:16:04,867 The $6,755. 300 00:16:04,934 --> 00:16:07,800 And he got paid that on my behalf. I've got a... 301 00:16:07,867 --> 00:16:10,433 Wait, stop. That's what you received. 302 00:16:10,500 --> 00:16:13,967 Did you receive $6,755 from them? 303 00:16:14,033 --> 00:16:14,900 Yes. 304 00:16:14,967 --> 00:16:20,500 You got that in cash. You got free rent for October, November, December, 305 00:16:20,567 --> 00:16:22,567 -January, February... -Nothing was free. 306 00:16:22,633 --> 00:16:27,100 [sighs] You got rental assistance for those months 307 00:16:27,166 --> 00:16:30,200 and a $505 credit for March. 308 00:16:30,266 --> 00:16:32,800 I got rental assistance, yes. It all went to him. 309 00:16:32,867 --> 00:16:35,000 You did not pay any rent for six months, correct? 310 00:16:35,066 --> 00:16:37,900 Altogether... No, that's incorrect. 311 00:16:37,967 --> 00:16:41,333 I was not kidding. My colleagues took pains to go through some of this. 312 00:16:41,400 --> 00:16:44,934 It's very clear. There's no reason for it to be more confusing now. 313 00:16:45,000 --> 00:16:47,934 So, let's just be really clear. Paragraph three; 314 00:16:48,000 --> 00:16:51,200 Landlord agrees to pay Tenant the remainder of the fee 315 00:16:51,266 --> 00:16:56,233 in the amount of $6,755. Was that done, sir? 316 00:16:56,300 --> 00:16:58,500 -I'm asking you, Mr. Johnson Plaintiff. -Yes. 317 00:16:58,567 --> 00:17:00,834 [Tanya] That was done. Landlord may use 318 00:17:00,900 --> 00:17:04,266 any granted COVID rent relief funds 319 00:17:04,333 --> 00:17:09,233 to satisfy the remaining one half relocation payment owed. 320 00:17:09,300 --> 00:17:11,900 That's them. Landlord may use that. 321 00:17:11,967 --> 00:17:15,599 Failure to receive any COVID rent relief funds 322 00:17:15,666 --> 00:17:20,133 does not excuse the payment of the 2nd half of the permanent relocation payment 323 00:17:20,200 --> 00:17:22,733 -which you already did, correct? -Correct. 324 00:17:22,800 --> 00:17:28,400 So, you got the $6,755. According to the settlement 325 00:17:28,467 --> 00:17:34,066 you are also entitled to a $505 rent credit in March. 326 00:17:34,133 --> 00:17:38,734 You were entitled to a rental relief obligation for February, January, 327 00:17:38,800 --> 00:17:41,333 December, November, and October. Correct? 328 00:17:41,400 --> 00:17:42,400 [Tharlo] Correct. 329 00:17:42,467 --> 00:17:44,567 So, what more are you entitled to? 330 00:17:44,633 --> 00:17:47,900 My other half of the payment, 'cause he got paid on my behalf. 331 00:17:47,967 --> 00:17:52,700 That's what it says, Landlord may use any granted COVID-19 rent relief... 332 00:17:52,767 --> 00:17:57,633 If he had got this money in June, he coulda used that to pay him. 333 00:17:57,700 --> 00:18:00,133 He didn't get the money, so he paid out of his pocket. 334 00:18:00,200 --> 00:18:01,233 Even if he got it... 335 00:18:01,300 --> 00:18:03,100 I understand. 336 00:18:03,166 --> 00:18:04,667 [Karen] He woulda used it to pay him. 337 00:18:04,734 --> 00:18:08,033 But because he didn't get it, he pulled it out his own pocket to pay him. 338 00:18:08,100 --> 00:18:11,467 [Tanya] Right, you paid the money from your pocket. 339 00:18:11,533 --> 00:18:13,567 Then, when the government gave you the money... 340 00:18:13,633 --> 00:18:14,934 -He just kept it. -You kept it 341 00:18:15,000 --> 00:18:19,000 because you'd already satisfied the $6,755. 342 00:18:19,066 --> 00:18:21,000 -Please, I have no more questions. -Exactly. 343 00:18:21,066 --> 00:18:22,100 No more questions. 344 00:18:22,166 --> 00:18:25,500 Thank you very much. We are now going to deliberate this matter. 345 00:18:25,567 --> 00:18:27,734 Thank you very much, ma'am, you can take your seat. 346 00:18:27,800 --> 00:18:30,200 Court now stands in recess. Parties are excused. 347 00:18:31,800 --> 00:18:34,767 There were three moving parts here. One; there was an application 348 00:18:34,834 --> 00:18:38,734 for COVID relief by the Plaintiff. Two; there was an application 349 00:18:38,800 --> 00:18:42,734 for a relocation fee by the Plaintiff, which the Defendant 350 00:18:42,800 --> 00:18:47,066 should have allegedly been aware of based on, I guess, what's common knowledge 351 00:18:47,133 --> 00:18:50,567 in the San Francisco Bay Area pursuant to the Ellis Act. 352 00:18:50,633 --> 00:18:56,633 And three, the Plaintiff recovered monies in the amount totaling $3,024 and change 353 00:18:56,700 --> 00:18:59,600 for what he called uninhabitable living conditions 354 00:18:59,667 --> 00:19:03,533 which they enumerated and basically, credited him with. 355 00:19:03,600 --> 00:19:08,066 So, he remained in this property, for other than I think four months 356 00:19:08,133 --> 00:19:11,834 out of a year and a half or two, he paid rent for four months. 357 00:19:11,900 --> 00:19:17,667 Other than that, all of his rent monies were covered by those awards. 358 00:19:17,734 --> 00:19:22,734 So, he is more than made whole. The Defendant owes him nothing. 359 00:19:22,800 --> 00:19:26,100 The Defendant paid out of pocket. Until he was reimbursed, 360 00:19:26,166 --> 00:19:29,033 he was out of pocket. So, the bottom line here is, 361 00:19:29,100 --> 00:19:31,900 the Plaintiff has been more than compensated by the government 362 00:19:31,967 --> 00:19:34,600 and all the agencies he could possibly think of 363 00:19:34,667 --> 00:19:39,266 to live in this San Francisco Bay Area off of this guy's property. 364 00:19:39,333 --> 00:19:40,333 I agree. 365 00:19:40,400 --> 00:19:41,266 Me, too. 366 00:19:41,333 --> 00:19:42,700 Excellent! 367 00:19:45,533 --> 00:19:49,066 Court is back in session. Parties are reminded you're still under oath. 368 00:19:49,133 --> 00:19:51,300 Thank you, Byrd. Okay, I told you when we started 369 00:19:51,367 --> 00:19:54,667 that you have all these government agencies, it's gonna be complicated. 370 00:19:54,734 --> 00:19:58,133 I don't think that anybody here, and I think we all agree on this, 371 00:19:58,200 --> 00:20:01,700 acted in bad faith or maliciously, I think it's confusing. 372 00:20:01,767 --> 00:20:05,633 I mean, it was confusing to us, so, it has to be confusing to the layperson. 373 00:20:05,700 --> 00:20:10,800 So, the bottom line here is, you lived in the Defendant's home 374 00:20:10,867 --> 00:20:16,133 from April of 2020 until June 1st of 2022. 375 00:20:16,200 --> 00:20:21,967 And in all of that time, you paid rent, out of your own pocket, 376 00:20:22,033 --> 00:20:25,633 for four months. At that point, there was a point during COVID 377 00:20:25,700 --> 00:20:30,000 that you began to get COVID relief. So you applied to three agencies. 378 00:20:30,066 --> 00:20:35,667 COVID funds, you requested that you be reimbursed relocation fee money, 379 00:20:35,734 --> 00:20:39,033 in violation of the Ellis Act and you also applied for 380 00:20:39,100 --> 00:20:43,133 breach of warranty of habitability and you were reimbursed funds. 381 00:20:43,200 --> 00:20:47,533 Through all of that, those three agencies, you recovered monies 382 00:20:47,600 --> 00:20:53,233 which enabled you to basically live in his home without reaching into your pocket 383 00:20:53,300 --> 00:20:57,867 during that specific period of time. You were fully compensated. 384 00:20:57,934 --> 00:21:02,066 You got the $13,000 and change for the relocation. 385 00:21:02,133 --> 00:21:08,133 You got $3,024 for uninhabitability and you received COVID monies for rent. 386 00:21:08,200 --> 00:21:11,367 You actually had to reach into your pocket at some point. 387 00:21:11,433 --> 00:21:17,200 You do not, we all agree, owe the Plaintiff, Mr. Tharlo Johnson, 388 00:21:17,266 --> 00:21:21,333 any money. Sir, you have been more than compensated. 389 00:21:21,400 --> 00:21:26,367 So, the verdict of the court is to dismiss your complaint in its entirety. 390 00:21:26,433 --> 00:21:27,633 Thank you both. 391 00:21:27,700 --> 00:21:30,934 This case is now concluded. Parties are excused, you may step out. 392 00:21:33,100 --> 00:21:34,266 It is what it is. 393 00:21:34,333 --> 00:21:36,367 I'm more than happy. Justice prevailed today. 394 00:21:36,433 --> 00:21:37,333 He owes me some money. 395 00:21:37,400 --> 00:21:39,800 He's money-hungry, man. Like they said, 396 00:21:39,867 --> 00:21:45,033 he got about $16,000 and he want another $6,000, so. 397 00:21:45,100 --> 00:21:49,133 That was our agreement. It is what it is. He won, I'm happy for him. 398 00:21:49,200 --> 00:21:54,200 It set me back, I almost lost everything. I was able to keep my head above water. 399 00:21:54,266 --> 00:21:56,700 I was never trying to throw his name through the dirt. 400 00:21:56,767 --> 00:21:59,500 I was just trying to go for what I thought I was owed, that's all. 401 00:21:59,567 --> 00:22:02,233 Watch out who you rent to. Really, really vet people. 402 00:22:03,166 --> 00:22:08,066 [narrator] Need to take someone to court? Let Tribunal Justice decide your case. 403 00:22:08,133 --> 00:22:11,066 Find us on social media at Tribunal Justice.