Important note: Information in this article was accurate in 2007. The state of the art may have changed since the publication date.
Bay Area Reporter - June 28, 2007
Heather Cassell, h.cassell@ebar.com
Ken Herrera, 55, who was diagnosed with AIDS in 1995 and has other disabilities, including limited mobility due to failed hip replacement surgery, is now able to remain in his home of 20 years.
"The building department said evicting people from illegal units, if it's not a matter of health or safety, is lowest priority," said Amanda Ebey, Herrera's lawyer.
The Bay Area Reporter reported on Herrera's case and the potential loss of his home in April (See http://ww3.aegis.org/news/bar/2007/BR070402.html).
"He was so relieved and so grateful that he started crying," said Ebey. "It's been so horrible for him. It's been a big drain on his health status."
Herrera was hospitalized in January after receiving a 60-day eviction notice in December 2006 and was unable to fight the pending eviction. Ebey stepped in to assist Herrera through the AIDS Legal Referral Panel.
"He's doing okay," said Ebey.
At the time, Herrera's landlords extended the eviction by filing another permit to remove the illegal unit. Ebey filed an appeal in April. Herrera's landlord's attorney filed a non-opposition to the appeal.
Ebey said that it is important for Herrera to remain in his unit so he can remain independent. He currently lives near everything he needs, including his doctor, pharmacy, service providers, local grocery store, and friends.
"This is the first case that I can remember where the attorneys actually embraced each other afterwards," said Michael Hall, Herrera's landlord's attorney. "Our clients are very pleased, relieved. I think it was the appropriate decision under the circumstances. We've been able to preserve this low-cost housing for this person with a disability."
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