Meth Testing In Government Housing

Summary

The user, a resident of government housing in California, was subjected to a meth residue test during an annual inspection without her knowledge. The test was positive, and she received a 3-day notice to quit due to drug-related activity. She disputes the eviction, stating she was not informed about the test, there was no prior test establishing a baseline, she was not given a copy of the results within 7 days, and she feels discriminated against. She signed a 30-day notice to avoid eviction but is seeking advice on her rights and possible actions.

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I live in government housing, during an annual inspection my walls were tested for meth residue but I was never made aware this kind of testing would be done.
Did you sign any agreement or consent form before the inspection was conducted?
No we were given a paper about other expectations they had and how to prepare for them
What does the paper you were given state about inspections and testing? It's important to know your rights and obligations under your housing agreement.
Nothing about testing walls for meth. My disabled daughter was present at the time she said they claimed testing for lead in the paint
What state are you located in? This will help me provide the most accurate information regarding your rights and local housing regulations.
California Then I get a 3 days to quit notice
What is the reason stated on the *-day notice to quit?
Drug related activity since the walls tested positive.
What actions have you taken since receiving the notice?

In California, tenants have rights under the "implied covenant of quiet enjoyment". This means landlords cannot enter your home without proper notice.
I responded by email stating I dispute the action taken against me for the following reasons ...
What reasons did you state in your email disputing the action?
*. I was not made aware testing like this would be done.
What was the response to your email dispute?
There's more reasons
What are the other reasons you mentioned in your email dispute?
No prior test establishing a baseline, not given a copy of results within 7 days, last one being I feel I'm being discriminated against because units where drugs have already been found, were not tested and tenants still reside.
What was the response from the housing authority to your discrimination claim?
No response for several months till now
What actions have you taken since you didn't receive a response from the housing authority?
I came to mandatory meeting about other issues and after signing regular papers I'm familiar with, they say to give them my 30 day to save from being evicted and I asked if I can prove I'm not a current user would that help, she said no.
What is the name of the housing authority you're dealing with?
Angela Dundore
What is the exact location of your government housing? This will help me provide you with the contact details of the nearest court or legal aid service.
Firebaugh, CA
What is the name of the housing authority or organization, not the individual, you're dealing with?
Angela Dundore
What is the name of the organization that Angela Dundore represents?
Fresno Housing Authority, I apologize
What was the exact date you received the *-day notice to quit?
Not sure, I have to look in my emails for the response I sent to figure it...
What was the date of the email you sent in response to the *-day notice to quit?
Give me a few moments to check
Sure, take your time. It's important to have accurate dates for legal matters.
I can't access it now my device is dead
That's okay, ****. When your device is charged, please check the date. It's crucial for understanding the timeline of events.
I understand
I understand, will charge it now
What was the date when you attended the mandatory meeting and were asked to give your *-day notice?
The 3rd of this month August
What was discussed during the mandatory meeting and did you sign any documents during this meeting?
She told me if I gave a 30day she wouldn't have to mention any meth in the paperwork and I could eventually reapply and be accepted into the program again in future but if I start eviction process meth would be stated and I could never reapply
Who is the "she" you're referring to? Is she a representative from the housing program?
Yes, supervisor with Fresno Housing authority
What was the reason for the meth residue testing in your housing?
I don't know, was never made aware of meth testing would be done no one I know has dealt with the subject
Did you sign any agreement or document that mentioned meth testing when you moved into the housing?
No, not in my lease agreement only stated no smoking of any kind in a unit
What is the current status of your housing situation? Are you still living there or have you moved out?
No I just signed the 30 day but I'm sure I'll need longer to move out but I've started packing and cleaning
Have you discussed the possibility of needing more time to move out with the Fresno Housing Authority?
She will check on my progress on the 15th to see how I'm doing with it
Have you received any written communication from the Fresno Housing Authority regarding the meth residue testing or the eviction process?
No me giving my 30 day was to avoid any eviction mentioning meth so I could re apply in the future
¿Ha consultado con un abogado sobre su situación para asegurarse de que está tomando la decisión correcta?
English plz
Have you consulted with a lawyer about your situation to ensure you're making the right decision?
No the laws concerning meth and fentanyl testing in government housing are not public info, the knowledge I do have pertains to tribal lands who dealt with it for longer, it's fairly new in my area
Have you considered seeking legal advice from a lawyer who specializes in housing law? They might be able to provide more insight into your situation.
Yes why I consulted you
What specific questions do you have about meth and fentanyl testing in government housing?
Don't they have to inform me this kind of testing would be done either upon the signing off my lease or included with annual inspection expectations?
Yes, typically landlords should disclose any testing procedures in the lease agreement or during annual inspections. However, rules may vary by state. What state are you in?
California
What is the exact location of your government housing? This will help me provide you with more specific information and resources.
Mendoza Dr Firebaugh, CA *
What is the name of the housing program you are enrolled in?
Low-income housing, income based housing
What is the name of the supervisor you've been in contact with at the Fresno Housing Authority?
Angela Dundore
What is the exact issue you are facing with Angela Dundore at the Fresno Housing Authority?
If I can prove I'm not a current user( drugs are in my past) but they cannot discriminate based on my history according to the fair housing act, right?
Have you been formally accused of current drug use or is this based on the meth residue found in your housing unit?
I have not been formally accused, it's based on the test results
What were the results of the meth residue test?
I was never shown them but was told the levels were toxic primarily in the kitchen where I share a wall with another unit
Did you request a copy of the meth residue test results? It's important to have this information for your records.
No I did not, I think they have to show me professional lab results within 7 days of them receiving them but I think they used home Depot tests, I wasn't present my daughter was
Did you give consent for your daughter to be present during the testing or was she there without your knowledge?
She lived there with me, not official consent but I told her to watch them during the inspection. They lied to her stating the test was for lead in the paint
Did your daughter sign any document or give verbal consent for the test to be conducted?
No, she was told just to watch them
She only watched what they did as far as I understand.
Did your daughter or anyone else take any photos or videos of the testing process?
Not that I know of, no one has mentioned any
Did you receive any written notice from the Fresno Housing Authority about the meth residue test results or the need to vacate the property?
A 3day to quit for drug related activity as did one of my neighbors
What was the exact drug-related activity mentioned in the *-day notice to quit?
The toxic level of residue
What actions have you taken since receiving the *-day notice to quit?
I looked to my lease, inspection requirements, laws concerning etc. Responded by email with my dispute and reasons why, no response or communication for several months till recently
Did you keep a copy of the email you sent disputing the notice to quit? It's important to have a record of all communications in such cases.
Yes it's in my Google sent emails
Did you receive any response from the Fresno Housing Authority after you sent your dispute email?
None for several months
What was the content of the recent communication from the Fresno Housing Authority?
Called for mandatory meeting concerning bedbugs which I do not have at all.
What was discussed during the mandatory meeting about bedbugs?
She never mentioned them, I signed some overdue paperwork and then the testing was addressed last and mentioned prepared to evict me
What was the content of the overdue paperwork you signed?
I do an annual recertification it was from those for year prior
Could you please clarify what you mean by "annual recertification"? Are you referring to a housing inspection or something else?
To continue my income based housing I have to certify each yr
What documents are required for your annual recertification for income-based housing?
A lot, they have access to all my tax records so they know when I work
What issues are you currently facing with your annual recertification for income-based housing?
None, if I hadn't given my 30day I would re sign them like I do every year
What made you decide to give your *-day notice this year?
To keep from getting an eviction, I've had one before that made life extremely
Why did you feel the need to give a *-day notice to avoid eviction?
I asked her if I can prove I wasn't a current user would I be protected, as I had spent * weeks in a program but did not complete it. She said it wouldn't help because I didn't complete it
What state are you located in? The laws regarding eviction due to drug use can vary by location.
California
California
What is the specific legal issue you're facing regarding the meth residue testing in your government housing?
They executed it entirely wrong, they intimidated me to sign the 30 day. I want the opportunity to prove I don't use meth and keep my apartment where I've been almost * yrs
What evidence do you have to prove that you were intimidated into signing the *-day notice?
She was really nice about it but said if she had to evict me for meth it would state that in the paper work and I would be banned from the program for life but if I gave my 30 day meth wouldn't be mentioned and I could re apply in the future
What steps have you taken so far to challenge the eviction notice?
I signed the 30 day and mentioned it was longer to move in that rural area and started to pack and clean but I may take longer than 30 days
What are the consequences if you fail to move out within the *-day notice period according to your agreement?
I'm not aware of any, only that they can evict me then anyway right?
What is the eviction process in your rental agreement? In California, landlords must provide a *-day notice to quit if the tenant violates the lease, then they can file an eviction lawsuit.
I'd have to re read it it's been yrs
What are the terms of eviction mentioned in your rental agreement? It's important to understand these to navigate your situation.
I'm not home to look at it right now, I'm sorry
That's okay. When you get a chance, please review your rental agreement. It's crucial to understand your rights and obligations.
So what are my options at this point? Can I present them a negative test? Or get my 30 days extended?
What is the policy of your housing program regarding drug use and eviction? In California, tenants can request a reasonable accommodation to extend the eviction notice period due to disability or health conditions.
Not sure, I'm Caucasian in a primarily Mexican dominated area, like * out of * in the entire complex
What is the name of your housing program? This will help me provide more accurate information about their specific policies.
Income based housing through Fresno Housing Authority
What is the Fresno Housing Authority's policy on eviction due to drug use?