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Another Step Toward Fair Housing

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County prepares provisions for new agreement with federal government

With encouragement from the federal government, the County of Marin has entered into a new agreement designed to improve local fair housing choice and result in more affordable housing options for its most financially strapped residents.

At its hearing on May 7, the Marin County Board of Supervisors voted to enter into a new voluntary compliance agreement with the U.S. Department of Housing and Urban Development (HUD).

Ten years ago, HUD asked the County to do more work to improve the access to fair housing for residents in protected classes who have historically faced discrimination in obtaining housing, employment, and other public accommodations. HUD had concluded that Marin had some shortcomings in its fair housing programs, so the County voluntarily started negotiations to take corrective actions.

The previous VCA agreement expired in 2015, and since then HUD and the County have been working on a new agreement focusing on continued improvement in several program areas. Staff from the Community Development Agency, one of the County’s 22 departments, has negotiated a new VCA. Among the provisions are commitments to:

  • encourage and facilitate the creation of at least 100 units of affordable housing available to families outside areas of racial or ethnic concentration;
  • allocate $4.1 million in general funds for affordable housing;
  • enhance the multifamily housing inspection program;
  • consider speeding up the permit process for affordable housing;
  • adopt and promote tenant protections;
  • expand and enhance affirmative marketing and community engagement in federally funded programs in Marin.

As a condition of receiving federal funds, the County is required to demonstrate compliance with federal civil rights and fair housing laws by analyzing housing segregation and submitting plans intended to reverse it. The VCA is intended to demonstrate the County’s ongoing commitment to complying with federal fair housing laws.

The County is also in the process of preparing an assessment of barriers to fair housing that will help inform recommendations to overcome those barriers. As the official plan for satisfying that requirement, the County’s Analysis of Impediments to Fair Housing Choice examines housing patterns, governmental policies and other factors affecting racial bias in housing and how patterns of segregation influence the quality of life.

The past few years, CDA staff has conducted an extensive community engagement process by reaching over 1,400 people from all areas of Marin, with a focus on communities most impacted by barriers to fair housing choice. Participants in a community advisory group and a steering committee became familiar with fair housing laws and the effects of racism and gentrification in communities of color. After 20 months, the groups’ top recommendations for the first three phases of the assessment were presented to the Board of Supervisors in 2018, including a proposal for a just-cause eviction ordinance, and a housing oversight committee to help identify solutions to the local affordable housing crisis.

In December 2018, the Board approved an ordinance requiring landlords to provide reason – a just cause – before evicting a renter within the unincorporated areas of Marin. Earlier, the County implemented source-of-income protections for tenants who receive third-party assistance in the payment of rent. The County collaborates with the Marin Housing Authority in an innovative Landlord Partnership Program that offers incentives to landlords who rent to participants of the federal government’s Housing Choice (“Section 8”) Voucher program.

Despite the progress, Marin County still ranks No. 1 among the most racially disparate counties in California. Complicating the fair housing issues is the lack of local affordable housing; Marin is one of the most expensive places to live in the United States. The median price of a single-family home in Marin is about $1.1 million, and the average monthly rent for a two-bedroom apartment is more than $3,100.

CDA staff said the agreement with HUD is a way for the Marin community to work together to address these patterns by promoting civil rights and fair housing choice for all.

Business

COMMENTARY: Your California Living Trust Could Be Next: When Evidence Isn’t Enough

A recent California appellate ruling in the case of the Laura Dean Head Living Trust serves as a sobering warning for property owners relying on estate planning. Despite Dr. Head’s express written wishes to disinherit her estranged sisters and name a longtime friend as beneficiary, the court invalidated the trust based on undue influence. This decision highlights how documented intentions and supporting testimony from legal and medical professionals may still face successful legal challenges from disinherited relatives. Read more to see how this precedent impacts California homeowners.

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You put your home in a living trust. You choose who inherits. You expressly disinherit relatives. An attorney prepares the documents. You expect your wishes to survive you.

Dr. Laura Dean Head’s trust did not.

California property owners should examine Laura Dean Head Living Trust, Alameda County Superior Court, Oakland, Case No. RP20061734, and Hamlin v. Jendayi, California Court of Appeal, First Appellate District, Division Three, Case No. A167695.

The case delivers a sobering warning: a living trust can face a successful challenge even when its chosen beneficiary presents evidence supporting the person’s stated wishes.

Head, a San Francisco State University professor, named Zakiya Jendayi as successor trustee and primary beneficiary. They had known each other for 28 years. Seven years after Dr. Head’s death, her estranged sisters contested the trust. Jendayi alleges that they consulted various probate attorneys while forum shopping before pursuing the challenge. Judge Sandra K. Bean in Dept. 103 invalidated the trust based on undue influence.

Jendayi’s compilation, “The Truth Is in the Transcriptions,” places disputed findings beside testimony and medical records. She argues that the evidence tells a different story.

Estate planning attorney Elaine Lee testified that she reviewed the trust privately with Head, behind a closed door. Lee’s testimony, reproduced in the compilation, attributes the beneficiary choices to Head and describes her insistence that her sisters receive nothing.

Hospice social worker Jenna Noe confirmed that Head told her she wanted to leave her belongings to Jendayi. Noe also testified that Head made her own decisions in their conversations.

The court described complete dependence on Jendayi. The compilation points to paid caregivers, hospice professionals and frequent visits from friends. When the judge asked nurse Dolly Woodson whether she had witnessed Jendayi abusing Head, Woodson answered no.

Jendayi also challenges the court’s treatment of her conditional power of attorney and alleges omissions and unequal treatment of evidence.

Yet the appellate court affirmed the judgment. It found substantial evidence supporting undue influence, rejected the judicial-bias claims and deemed any deficiencies in the statement of decision harmless. The published portion held that disinherited potential intestate heirs had standing to contest the trust.

That ruling endangers Californians who have properties held in a trust. Disinheritance did not prevent this challenge, and evidence supporting Head’s intentions did not secure the outcome Jendayi sought.

For homeowners relying on a living trust, the question is urgent: how well will your documented choices withstand a contested courtroom narrative?

Read the decision at https://law.justia.com/cases/california/court-of-appeal/2024/a167695m.html

Examine the testimony. Consider what happened when a woman’s written wishes and the evidence offered to defend them were still not enough.

Sources: Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064, opinion filed Oct. 17, 2024, modified Nov. 12, 2024; Jendayi’s supplied compilation of transcript excerpts and exhibits. Claims of error reflect Jendayi’s position.

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Commentary

Oakland Probate Dispute Raises Questions About Court-Ordered Property Transfer and Missing Notice

A legal dispute over an Oakland property has intensified following a tentative ruling that favored occupant Zakiya Jendayi, who claimed she was not properly notified before a judge ordered the property transferred into an estate. After the ruling, the estate’s administrator successfully challenged the presiding judge and requested the case be returned to the judge who signed the original transfer order. The First District Court of Appeal has now intervened to review the disqualification process and recent changes to the court docket. Read more.

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Opinion and documentary analysis | Part 2 of 2

A tentative ruling found that Oakland property occupant Zakiya Jendayi had not received notice before a judge ordered its transfer into an estate.

The ruling was not final. Attention shifted to the assigned judge.

The estate’s special administrator, Phillip Campbell, invoked California Code of Civil Procedure Section 170.6 to disqualify Judge Stephanie Sato. The trial court granted the challenge Sept. 9, 2026.

Five days later, Campbell requested reassignment specifically to Judge Sandra Bean, who had signed the property order Jendayi sought to overturn.

The sequence raises questions about procedural fairness.

A Challenge After an Unfavorable Ruling

Sato’s Sept. 8 tentative ruling concluded that California’s notice requirement protected Jendayi as an occupant, regardless of whether Jendayi held a valid ownership interest.

Her proposed decision would have vacated Bean’s Oct. 8, 2025, order.

Section 170.6 permits challenges under certain circumstances. Whether Campbell’s challenge was timely was disputed.

On Sept. 14, Campbell sought Bean’s reassignment, citing her familiarity with related trust litigation, judicial economy and consistency. Jendayi opposed the request the following day.

The timing invites serious public scrutiny but does not establish misconduct.

The Appellate Court Intervenes

In Kaiser Foundation Hospitals v. Superior Court (1987), a California appellate court examined the danger of allowing litigants to learn a judge’s likely decision before seeking disqualification.

The decision also recognized that changed assignments and insufficient notice can affect when a challenge is permissible.

On Sept. 17, 2026, the First District Court of Appeal stayed the order granting Campbell’s challenge and requested briefing addressing Kaiser.

That intervention did not vacate Bean’s property order, restore the invalidated trust or conclusively decide whether Campbell’s challenge was improper.

It did place the reassignment dispute under appellate review.

Questions in the Docket

Two versions of the court docket present another unresolved issue.

A printout preserved through Sept. 15 lacked reassignment entries that appeared in a later version. The later docket listed reassignment to Bean and a clerk’s notice under Sept. 9.

The difference warrants an explanation of when the entries were created, entered and made publicly accessible.

It does not establish deliberate backdating.

Accountability Beyond an Order

Judges generally enjoy immunity from damages claims arising from judicial acts, even when serious error is alleged. That protection does not make their decisions immune from review.

Appellate courts can correct legal errors; California’s Commission on Judicial Performance can investigate misconduct but cannot reverse judgments.

For Jendayi, the central concern remains practical: How much litigation must an occupant undertake to enforce a notice requirement intended to protect participation before property rights are adjudicated?

The U.S. Supreme Court’s decision in Mullane v. Central Hanover Bank & Trust Co. underscores the importance of meaningful notice and an opportunity to object.

The record establishes contested filings, a tentative ruling and appellate intervention, not anyone’s private motives.

The public deserves a transparent, documented explanation of this consequential judicial process.

A judge’s signature should resolve a lawful dispute, not silence legitimate questions about how the decision was reached.

The case is Estate of Laura Dean Head, Alameda County Superior Court case RP20066047. Records are available through the court’s eCourt Public Portal.

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Business

Veterans Housing Project Proposed for South Richmond

According to the development team’s presentation, the project has an estimated total cost of nearly $158 million. The presentation outlines five phases encompassing entitlement and construction documents, community outreach, soil remediation and utility work, podium and building construction, solar technology integration, and interior buildouts.

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Artist’s rendering of the complex that will have xx units for veterans. Courtesy image.

A proposed mixed-use development at 338 Carlson Blvd. could bring hundreds of homes and support services for military veterans to South Richmond.

Led by the Richmond-based Veterans Resource Program in partnership with Eagle Environmental Construction & Development, the proposal covers an approximately 2.3-acre property the nonprofit acquired in 2018.

The proposal features a multi-building residential development with various apartment sizes, though city documents and developer materials cite conflicting totals ranging from 226 to 268 units.

The proposal also includes approximately 40,000 square feet of commercial and retail space, about 200 parking spaces, and an entrepreneurial training and job-development component intended to connect veterans with economic and workforce opportunities.

According to the development team’s presentation, the project has an estimated total cost of nearly $158 million. The presentation outlines five phases encompassing entitlement and construction documents, community outreach, soil remediation and utility work, podium and building construction, solar technology integration, and interior buildouts.

Founded in 2011, the Veterans Resource Program provides housing assistance and other services to veterans, including those experiencing homelessness or transitioning from incarceration.

The proposal aims to advance Richmond’s affordable housing goals while connecting veterans with housing and supportive services. Details of affordability and veteran eligibility remain to be clarified.

The Richmond City Council was scheduled to receive an informational presentation on the project at its Oct. 6 meeting, following a continuance from Sept. 22. The item does not seek project approval or city funding. Any future request for city financial assistance or other public resources would require separate consideration and approval.

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