Becoming an Attorney Without Law School with the National Lawyers Guild

The Association of Legal Apprentices (ALA) has been working to create a Legal Apprentice Committee within the National Lawyers Guild SanFrancisco Bay Area Chapter (NLGSF). This year I was granted the Haywood Burns Memorial Fellowship by the National Lawyers Guild (NLG) in order to focus on this work. Since we first approached the NLGSF about the opportunity for their affiliated attorneys to become mentors we have received enthusiastic support from within the NLG.

The NLG is the nation’s oldest and largest progressive bar association and was the first one in the US to be racially integrated. Their mission is to use law for the people, uniting lawyers, law students, legal workers, and jailhouse lawyers to function as an effective force in the service of the people by valuing human rights over property interests.

Because the NLG is committed to overcome racial and class inequality their mission is aligned with the ALA’s effort to promote the Law Office Study Program (LOSP) as an alternative to law school.

Motion to Dismiss the Conspiracy Case Against the Land Action 4

State Bar Refuses to Allow Squatter to Practice Law Due to Political Views

The California State Bar is refusing to let me become licensed as an attorney because of my efforts squatting houses and helping others find housing. I have completed all other requirements to practice law including passing the Bar Exam. We need to raise awareness of the fact that the State Bar is refusing my application to practice law solely on the basis of my organizing efforts and political views. Please spread this press release around far and wide so we can bring attention to this issue

This is important for many other than myself because there are other students following the same educational path who have histories of political organizing. If the State Bar rejects my application they may continue to reject applications of others who are also committed to environmental and social justice advocacy.

There are enough lawyers for the rich and corporations. We need lawyers who can represent marginalized people and protect the environment. This means we cannot allow the State Bar to reject applicants who have a history of organizing and advocacy on issues relevant to areas in which there exists little representation in the legal profession.

Michigan's War on Squatting

I'm not sure what is going on in Michigan, but a draconian bill passed the Michigan House of Representatives that would make squatting a crime. Seeking shelter in an abandoned property would be a misdemeanor for a first offender, but it is a felony for second offender. Putting the homeless in prison is not only cruel, but also an impractical solution for the issues of poverty and homelessness. Please spread the word to everyone you know in Michigan to fight this bill when it comes up for a vote in the Michigan Senate.

Someone Is Paying the Property Taxes, but the House Appears Abandoned

Recently I had the following email correspondences with someone seeking suggestions regarding strategy for squatting an abandoned house.

Message:
Hi Steve,

First let me thank you for all you've done. I appreciate your struggle so far in your adverse possession and I am grateful you speak out, have created this group/network.

I need your help. I have been searching (all be it limited to the internet) about the legalities of something I'm about to do....squat that abandoned house at the corner of my street.

There is this house by my son's school and for as long as I have been walking my son to school over the last 2 years, this house has been completely abandoned. I imagined that someone died and no one has claimed it....

Today I did my research, and indeed, the owner died in 2009! Its still in her name. There is garbage and old mail and phone books scattered out front. Cob webs and leaves covering walkways and entrances. The carport is falling apart...etc etc.

So I dug more, and discovered someone has been paying the property taxes....my hopes just got shot down. But wait...did it?

So I'm wondering maybe someone else is trying to pay for the property and take it over without actually living there.

Lisa Bloom and I convince Ashleigh Banfield that squatting is a good thing on CNN's Newsroom!

On Friday morning, March 3, 2013, I spoke with Ashleigh Banfield of CNN's Newsroom program about my efforts squatting in Oakland, California. A debate ensues where Ashleigh Banfield criticized the concept of squatting and the legal process of adverse possession where a squatter can become the owner of a property legally. We were joined by California attorney Lisa Bloom who stated that squatting and adverse possession can provide a benefit to society by putting abandoned properties to beneficial use. Everyone realizes that squatting is good because of our solar panels. I also mentioned my old band Lesser of Two (http://lesseroftwo.bandcamp.com) as well as the non-profit I founded, Land Action (http://land-action.org). There is also video footage of Hannah Dobbz film, "Shelter, a Squatumentary" (http://propertyandresistance.wordpress.com/).

Land Action Fundraisers Featuring Hannah Dobbz, Author of "Nine-Tenths of the Law"

Recently I received a call from my long time friend, Hannah Dobbz, who has just released her book Nine-Tenths of the Law; Property and Resistance in the United States. She told me that she was coming out to the west coast to visit. The conversation that initially began as her looking for a place to crash soon turned into us collaborating on a mini west coast book tour to promote her new book and build support for Land Action.

There are three upcoming events. On April 16, 2013 we are having an event in Los Angeles, CA (https://www.facebook.com/events/229462673858994/) and on April 19 and 20 we are having events in Oakland, CA (http://www.brownpapertickets.com/event/349165, https://www.facebook.com/events/590211584323356/)

These events are fundraisers for Land Action. Hannah Dobbz will be speaking about her new book (http://propertyandresistance.wordpress.com/), and I will be giving a presentation about Land Action (http://land-action.org)

To give some background Land Action is a California non-profit that assists environmental and social justice organizers establish, maintain, and defend land occupations to be used for housing and projects.

Hot Mess/RCA Victory

Squatter’s Rights Upheld in Court of Law

Occupation in Oakland, California Has Victory Fighting Eviction

Press Release

March 17, 2013

FOR IMMEDIATE RELEASE

CONTACT:

Steven DeCaprio sdecaprio@hotmail.com

Oakland, CA- On Thursday March 14, 2013 occupiers of properties in Oakland, California won the legal battle to maintain community space in the Alameda County Superior Court. Judge Victoria Kolakowski issued a judgment in favor of the defendants, occupiers of the properties known as the Hot Mess/RCA Compound, and against plaintiff Rockridge Properties, LLC. This community space includes housing, an urban farm project, and a social center. In a long fight for squatter’s rights this judgment is a welcome victory.

Oakland, which is known for one of the most resilient encampments of the Occupy movement, has also been home to numerous occupied spaces before and after the Occupy movement began.

In her ruling dismissing the lawsuit on March 14, 2013 Judge Victoria Kolakowski stated, “There is no authority for the proposition that the successor of an ownership interest also obtains the prior owner’s possessory rights retroactively.” (Rockridge Properties, LLC v. Carey et al., Alameda County Superior Court case number RG12638555)

Upon their victory co-defendant Steven DeCaprio, CEO and founder of the non-profit Land Action, stated, “This ruling gives hope that we will return to the principal that land should be used for the benefit of society and not merely as a commodity to be abused by banks and speculators.”

Since the subprime mortgage crisis in 2008, banks who received generous bailouts by the federal government have, for the most part, refused to provide any relief to home owners facing foreclosure.

Teri-Dawn Elkins, Interim Chief Operations Officer for Land Action states, “This victory for occupiers should put the banks on notice that it is in their best interests to renegotiate mortgages with home owners rather than later losing those foreclosed properties to adverse possessors such as the ones in the HM/RCA Compound.”

Nine-Tenths of the Law | Hannah Dobbz

It's Out! "Nine-Tenths of the Law" uses information from this blog within a comprehensive overview of squatting in the United States. Check it out!

Nine-Tenths of the Law | AK Press

Nine-Tenths of the Law | CVLT Nation Post

Intro to Squatting for Occupy Oakland

This was the first presentation of the day during the Land Action sponsored skill-share in solidarity and coordination with Occupy Oakland. Mimi Shang, Executive Director of Land Action (on the right) is co-presenting/moderating the disucssion.

This discussion was intended to orient people not familiar with political squatting, occupations, reclamations, or adverse possession. This is just a basic discussion not particularly intended for people with a working knowledge on the subject or even a basic understanding.

I will post the links to the other presentations over the coming days that have more in depth and nuanced information.

Enjoy:

Wish List for My House. Please Donate.

So recently I realized that I'm getting broke fixing up my house and paying all the taxes. I spent pretty much all my savings on repairs, taxes, and city fines.

The city repeatedly cited my house for blight for no apparent reason, other than the fact that we were adverse possessors. At the end of it they claimed I owed thousands of dollars which I was forced to pay. I sued the city to get the money back, but the judge stated I lacked "standing" until I receive a court order declaring my title by adverse possession to be clear. This despite the fact that I have been occupying the property for over a decade.

I'm not going to go on about how the city is wrong or how the ruling in my case is wrong. For more info on how corrupt the City of Oakland is go to the grand jury report on the subject, pages 63 - 98 at the link below:

http://www.acgov.org/grandjury/final2010-2011.pdf

What my housemates and I have decided is to try to save money by coming up with a list of items that we need for our house that we should keep our eye out for in free boxes, curb sides, craigslist, or wherever.

I should mention that since the city also refuses to let me have a grid tie in for my house much of the list are items necessary to run an off-grid house on 12 volts D.C. current through conventional A.C. wiring and fixtures.

Also, we are having a garden/yard work party on April 13th. Yes, that is Friday the 13th.

If anyone has any of the following items or knows where we can get them for free or super cheap please let me know. My email is sdecaprio@hotmail.com


Wish List

1. 2 bathroom sinks
2. anything cool that runs on 12 volts D.C.
3. 12 volt D.C. lighting fixtures
4. 12 volt D.C. to 18 volt D.C. adapter for computer that doesn't convert to A.C. in between
5. wiring, electric plugs, car lighter plugs for wiring our A.C. style plugs which are running on 12 volt D.C. to work with 12volt D.C. appliances.
6. Exterior siding for our 10' by 12' by 10' shack
7. Dry wall plaster
8. a two burner propane stove such as a Coleman
9. food seeds and stuff for sprouting and planting
10. Native plants/Native Vining plants.
11. Willow

Foreclosure Evictions Require 90 Days Notice. Fight Back!

If you are a tenant living in a foreclosure property with or without a written lease agreement you have the right to receive a minimum of 90 days notice before an eviction proceeding can begin under the Protecting Tenants at Foreclosure Act, S896, Sec. 702. 

Under California law the 90 days does not start until after the new owner contacts you personally in writing with a "Notice to Pay Rent or Quit". The notice must be in "writing, requiring its payment, stating the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made" under California Code of Civil Procedure section 1161.

Of course knowing your rights and effectively asserting your rights are two different things. There are plenty of evictions that move forward despite the fact that the tenant in the foreclosure was not provided 90 days notice. Ironically the person deprived 90 days notice has the obligation to file a motion in court to demand the notice they were deprived. For most tenants this makes the Protecting Tenants at Foreclosure Act worthless since the burden of demanding ones rights is placed on the tenant, and that burden requires either finding an attorney or having a working knowledge of the courts.

That is why I have developed fill in the blank forms for a Demurrer which is a motion to dismiss the case without trial that you can file with the courts. Simply fill in the blanks, mail a copy to the landlord's attorney along with the other documents listed below, keep a copy for yourself, and show up in court on the day you are scheduled.

The first form is a Notice of Demurrer which is a notice that you are asking the court to dismiss the eviction proceeding because the Unlawful Detainer Complaint is in clear error due to a failure to provide proper notice.

The second form is the Demurrer which is the actual argument for the dismissal.

You will also need to fill out a "Prejudgment Claim of Right to Possession"

You will also need to have someone else mail the copies to the attorney and have that person fill out a "Proof of Service by First Class Mail" or "Proof of Personal Service" if hand delivered.

Also, you may qualify to have your fees waived so you should probably fill out a fee waiver form. Do not mail this to your landlords attorney because your financial standing is confidential. The rest of the documents must be copied in triplicate with the original filed with the courts, a copy for your landlords attorney, and one for yourself.

Remember, if this doesn't work don't give up. This is merely an opening salvo to shut down the eviction process immediately and get the new owner and their lawyers to come to the table and negotiate.

If your demurrer is over-ruled the next step is to file an Answer while attempting to negotiate with the owner. In some cities like Oakland there are Just Cause for Eviction Ordinances which prohibit evictions after a foreclosure. In such cities you can win the right to stay in your home if you keep up the fight and learn your local ordinance.

As always I must state that I am not an attorney and do not guarantee the effectiveness of this advice nor the documents linked to this post.

Fight back at your own risk.... or good fortune.

Property Laws for Defending an Occupation

So Land Action (our non-profit) organized a teach-in supporting Occupy Oakland to share our experiences and the experiences of others to provide information to develop the best possible strategies for establishing and defending occupations of all types.

Many people expressed an interest to defend foreclosures, reclaim foreclosures, establish new encampments, and establish new squats. All of these activities have legal ramifications and the following is what we covered in the property law teach in.

Disclaimer: This legal essay is not all inclusive nor do I make any assurance to it's accuracy as I am not an attorney. All the law cited in this post is California law as it pertains to Alameda County unless stated otherwise. Laws may vary from state to state, and their enforcement may vary depending on the city you are in.

There are three areas of the law that pertain to occupying land; adverse possession (best case scenario), criminal trespass (worst case scenario), and civil trespass (second best scenario).

1. Adverse Possession

First, there are the laws pertaining to adverse possession in which the occupier of land claims ownership of the land until proven otherwise. The most basic claim is title by occupancy pursuant to Civil Code Section 1006 where the occupier of land is the presumptive owner. This law is very simple so I will quote it in it's entirety:

"Civil Code Section 1006.  Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession; but the title conferred by occupancy is not a sufficient interest in real property to enable theoccupant or the occupant's privies to commence or maintain an actionto quiet title, unless the occupancy has ripened into title by prescription."

Of course simply because you occupy a property for a short time it doesn't mean you own the property against someone who can prove they are the true owner. Civil Code Section 1006 does provide you the protection, in certain circumstances, requiring the property owner to prove they own the property in court before an eviction can occur. In some cases, especially foreclosures, the bank may have a difficult time proving they own the property because often the paperwork has changed many hands and has been done poorly. If the owner can't prove they own the property an eviction cannot occur. (at least in theory)

Property Research for Occupy Oakland

Lately I have become an ad hoc instructor on the topic of researching properties for housing reclamation and foreclosure defense by other participants in the Occupy Oakland movement. Occupy Oakland has begun to focus on bank foreclosed properties as the nexus between the takeover by the 1% of our country and it's direct effect on our local community. This realization by Occupy Oakland as well as Occupy Oakland has been a tremendous inspiration for me as I have been fighting for a decade for housing rights and squatting. I am proud to be offering my experience to the movement.

On that note I am offering the step by step process I go through in Oakland to research a property. I provide this information to expand the actions throughout Oakland as well as to offer a template that may be used by occupiers throughout the U.S. and the World.

Step One: Identify Properties

Before you can begin researching properties you must have a specific property or properties in mind. How you identify these properties depends on what you intend to do.

A. Foreclosure Properties

For foreclosure defense you can ask people who are in foreclosure to come forward for assistance. If you want to find foreclosures first rather than wait for people to come forward there are many sources for foreclosure listings. For a list that is already compiled The San Francisco Chronicle has an online database of foreclosed properties:

http://www.sfgate.com/webdb/foreclosures/

If you would like to do direct research on foreclosures rather than rely on the San Francisco Chronicle there is a process for doing that as well. You can access that information through the Alameda County Recorder's office. The information is available at their office in full or in part online.

http://www.acgov.org/auditor/clerk/propertysearch.htm

When searching for foreclosures you will search for a document called a Notice of Default. Not all Notices of Default are foreclosures. The Notice of Default must be associated with a Deed of Trust. This is because in California the mortgage and subsequent foreclosure process is done through a Deed of Trust where a trustee is granted the authority to act as a referee between the borrower and the lender in a mortgage.

To find the location of the property in foreclosure you must find a description of the property. That description is usually attached to the mortgage agreement which is in turn attached to the deed of trust. Usually the property descriptions leave out the actual address or parcel number. They provide cross streets and lot measurements instead so a little deduction will probably be necessary.

Although doing direct research is more work you have the advantage of being able to identify foreclosed properties much earlier in the foreclosure process. With that in mind it should be noted that a homeowner receiving a Notice of Default will have time to avoid foreclosure by paying the bank the delinquent amount.

B. Abandoned Properties

The best way to identify abandoned properties is by canvassing a neighborhood house by house and block by block. I recommend identifying a specific area and go up and down in one direction street by street until you've covered the area. After that go back through the same area on all the cross street. In this way you can cover a specific area in a grid ensuring that you have observed every house. Usually the best spots are the ones that are the least obvious so it's important to be thorough.

An alternative method is to use the City of Oakland's blighted property list, and then scout those particular addresses, even scouting them online with a street view setting.

Here is the City of Oakland's list of blighted properties:

http://www.oaklandnet.com/government/ceda/revised/blighted-properties/cover-blight.html

Please keep in mind that only a few blighted properties are abandoned. The City of Oakland often uses blight as a means to harass people as well so make sure you are careful when using the city's list.

In the end I prefer the canvassing approach since many abandoned properties aren't reported as blight and many so called "blighted" properties are just people being harassed by the city or uptight neighbors.

The next three steps involve a trip to downtown Oakland near lake Merritt. I go to the tax assessor, tax collector, county courthouse, and county recorders office.


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Squatter's Life

I originally wrote this article for Invisible Oranges a heavy metal blog.

I met Mila in 1999 at La Scintilla, a squat in Modena, Italy. I was on tour with my previous band Lesser of Two. Mila runs a number of labels including Agipunk, Break the Chains, and Iconoclast. Recently Iconoclast agreed to release Embers’ upcoming album, Shadows.

La Scintilla was a huge fortress with a bar, library/store, a computer workstation, two rooms with free foosball, a large concert space, a guest room designed for over a dozen people, multiple kitchens, storage, an entire floor of apartments, dining room, common space, laundry room, meeting room, and space left to expand.

During Lesser of Two’s tour in ’99 as well as subsequent tours by Embers, we played at many squats such as La Scintilla.

Before touring Europe for the first time, I always thought of squats as merely abandoned properties which people just occupied for shelter. As a teenager, some friends of mine and I had occupied a vacant warehouse. We brought furniture into an empty office in the warehouse and hung out there. I remember when Ash, the other guitarist on Lesser of Two’s first E.P., was kicked out of his parents’ house and began living in the warehouse.

Once his parents kicked him out he was living in the warehouse without electricity, and one of the only places we could plug in was a local park that was known as a pick-up spot for guys cruising for sex. Eventually Ash left town and Lesser of Two became a three piece with my wife, Kelly, who currently plays bass with me in Embers.

Hellarity House Circa Huh?

So I found this ancient video which is a short "documentary" about Hellarity. It's a stream of images and video interspersed with text which clearly was written by someone with only a cursory knowledge of the house, but...

Enjoy!



For more current info check out their facebook page... I guess.

Is Arson the New Way that Absentee Landlords Evict Squatters?

Someone burned down the Safehouse by setting a fire in the front stairwell. The fire department said there were people squatting at the time of the fire but that they got out safely. They also went on to say that the fire was not started as a result of any activity by the squatters in the house.

This is the second time someone has tried to burn squatters out of house and home in Oakland. There is something seriously wrong with people who hate squatters so much they are willing to kill, destroy, and put others in jeopardy.

Of course the arsonist will probably blame the squatters by some rationale like, "They made me do it." If anyone out there is willing to blame the squatters who are the victims in this situation it makes me wonder if we have lost our humanity. Housing is a basic human right. Those who think otherwise are bonkers.

OPD Say Cause Of House Fire Suspicious - News Story - KTVU San Francisco

Squatters 1, Owners 1 (Everybody Loses)

Yesterday, the "owners"/absentee landlords mounted another violent assault against the Safehouse. There were over a dozen people attacking while only a handful of people were home. Two large men guarded both entrances threatening to beat anyone up who tried to enter.

There were fewer supporters so a counter-attack was not feasible. It appears there are some backbiting armchair anarchists spreading disinformation about the Safehouse. If anyone knows the individual who posted this blog (http://anarchistnews.org/?q=node/12901) I would love to meet them. It would be nice to know who is responsible for this slanderous character assassination.

I, unlike this person, will not write anonymous, back stabbing posts on the internet.

Right now the Safehouse and it's residents need our solidarity! Now more than ever! Contact me if you want to help.

Squatters 1, Owners Zero!

On Thursday the family claiming to own the property the squatters call the "Safehouse" survived an attempted eviction.

The alleged owners showed up with the police, but the Oakland Police Department refused to get involved in an illegal eviction. Subsequently the "owners" kicked in the door and began destroying the house and everything in it while terrorizing the occupants.

The police returned and arrested one of the "owners" for disorderly conduct. This is a major victory for the Safehouse and Oakland squatters generally. Here are some videos:

Right After the "Owners" Broke In



"Owners" Attacking Occupants with a Bookcase



"Owners" Assaulting People with Knives

Is There Something I Can Help You With?

"Is there something I can help you with?" is the magic rhetorical question which helps to ward of cops, city officials, and sometimes a hostile neighbor.

When a government official approaches you at your squat and you repeat these magic words it sets the tone of the dynamic. Instantly you go from a suspicious character to the one who is in charge. The official then switches from their planned accusations and interrogation to something else.

The reason this magic phrase does this is because it exudes confidence in the fact that you are in charge here, and that you are the one with the power to render assistance. Instantly the power dynamic has changed.

Often an official will simply respond, "No sir/mam." and leave.

Other times they will spontaneously render useful information, "Well, we had a complaint from a neighbor that there were people squatting this building."

You can then revert to the jedi mind trick, "These aren't the squatters your looking for." I'm serious, you can then say something like, "I haven't seen anyone on the property, and I've been here all day." or something like that.

Of course the magic words don't always provide instant victory. If the official stays around and tries to figure out what you are doing or who you are the magic words have merely given you an advantage in the situation which is still invaluable.

What to do next?

Usually the first test a squatter must pass when establishing a squat is to deal with the cops. If the cops never come by then count yourself lucky, but everyone should be prepared for that moment even if it never arrives. There are a number of strategies for dealing with the cops that I've seen, and these are the pros and cons as I see them: