Real Property Law
Where the Hell IS He Supposed to Live?
The Absurdity of Suing Landlords While Society Fails Its Most Vulnerable
In a stunning display of misplaced accountability, San Jose Police Officer Erin Allen has filed a lawsuit against Gabriel Carreras’ landlord. Carreras shot Officer Allen in 2023 when she responded to a domestic violence call at his residence. While Officer Allen’s injuries are undeniably serious and deserve compassion, this lawsuit raises disturbing questions about who we’re really holding responsible for the failures of our criminal justice system.
The inconvenient truth: If Carreras was truly so dangerous that his shooting of a police officer was “foreseeable,” as Allen’s attorney argues, then why are we targeting landlords instead of the system that released him back into our communities?
The Housing Crisis No One Wants to Discuss
California Public Safety Realignment Act of 2011 allows for current non-violent, non-serious, and non-sex offenders, who after they are released from California State prison, to be supervised at the local county level. Instead of reporting to state parole officers, these offenders are to report to local county probation officers. These individuals face an almost insurmountable housing crisis that society prefers to ignore:
- Former inmates are nearly 10 times more likely to be homeless than the general population[1]
- California counties struggle to house the 40,000+ individuals released annually under realignment programs[2]
- Housing discrimination against those with criminal records is widespread, despite fair housing guidelines[3]
Many released inmates, like Carreras, have few options beyond private landlords willing to rent to them. Yet when these same landlords attempt to provide housing, often in communities that need it most, they become litigation targets when tragedies occur.
The Legal Contradiction
California’s fair housing laws create a legal maze for landlords. They cannot categorically refuse to rent to individuals with criminal histories, yet they face potential liability if those tenants commit crimes. This puts property owners in an impossible position:
- Rent to formerly incarcerated individuals: Risk liability for future criminal acts
- Refuse to rent based on criminal history: Face fair housing discrimination claims
- Conduct thorough background checks: Still potentially liable if crimes occur
The Fireman’s Rule, which typically protects defendants from liability when police officers are injured in the line of duty, has exceptions that plaintiff attorneys increasingly exploit. Officer Allen’s case attempts to overcome this protection by arguing the shooting was “uniquely foreseeable” is a dangerous precedent that could make any landlord liable for tenants’ actions.
The Real Villains: Post-Release Community Supervision Failures
Carreras was under Post-Release Community Supervision (PRCS) at the time of the shooting. This system, created by Public Safety Realignment Act, transferred supervision of lower-level offenders from state parole to county probation departments. Yet when this supervision fails catastrophically — as it did here — we don’t see lawsuits against:
- The probation department that supervised Carreras
- The parole system that deemed him safe for release
- The judicial system that allowed his release despite his violent history
- The legislators who created realignment without adequate safeguards
Instead, we target the landlord who simply provided housing.
Nuisance Litigation and the Quick Payout
This lawsuit reeks of nuisance settlement strategy targeting defendants with insurance and assets for quick payouts rather than pursuing actual accountability. Landlords typically carry liability insurance, making them attractive targets for attorneys seeking settlements rather than justice.
The irony is profound: An officer who swore to protect and serve her community is now participating in litigation that will make it harder for formerly incarcerated individuals to find housing. Every landlord who settles such a case signals to others that renting to people with criminal histories is a liability nightmare to avoid.
A Better Path Forward
If Officer Allen’s injuries truly resulted from foreseeable violence, the focus should be on:
- Reforming PRCS supervision to better monitor high-risk individuals
- Improving re-entry programs that actually reduce recidivism
- Holding accountable the government agencies responsible for public safety decisions
- Creating adequate housing programs for released inmates rather than forcing them into private rental markets
The Uncomfortable Truth
Society wants formerly incarcerated individuals to reintegrate successfully, but we refuse to take responsibility for creating the conditions that make this possible. We’ve privatized the problem by forcing landlords to house this population, then punish them when the predictable consequences occur.
Officer Allen deserves compensation for her injuries, but it should come from the government entities whose failures enabled this tragedy, not from landlords trying to address a housing crisis that the state created and abandoned.
The question isn’t where Carreras was supposed to live. The question is why we’re punishing the people who tried to provide him with housing while the system that failed to supervise him properly escapes accountability.
When we make it financially devastating for landlords to house formerly incarcerated individuals, we don’t make communities safer, we make homelessness inevitable and recidivism more likely. That serves no one’s interests, least of all public safety.
[1] https://nationalreentryresourcecenter.org/news/where-returning-citizens-find-housing-after-prison accessed 8/10/2025
[2] https://www.cpoc.org/post/starting-over-prisoners-face-uncertain-future-after-release-under-states-realignment-law accessed 8/10/2025
[3] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2020/04/Fair-Housing-and-Criminal-History-FAQ_ENG.pdf accessed 8/10/2025