Los Angeles Affordable Housing and Rent Control News
[Editor: do you think the hours of renovation for a vacant lot should be the same as a tenant occupied building with children and senior citizens? The mayor thinks they should be the same. Shame on KKK Mayor Eric Garcetti.]
“When a tenant makes a complaint that there has been a reduction in housing services in violation of housing codes related to habitability of a dwelling under California Health & Safety Code 17920.3 or 17920.10, the Los Angeles Housing + Community Investments Department will determine a corresponding reduction in rent under the Rent Escrow Account Program regulations (RAC Regulations 1200.00 et . seq).” City Los Angeles LAMC claimed by Mayor Eric Garcetti and Director Rushmore Cervantes.
Update March 19 2016
Hi Point Apts is Unsanitary, Substandard, and Unsafe
LA county Public Health Feb 10 2016 have said they have no authority over the wiring in the 1522 Hi Point St 90035 building.
Health and Safety code 17920.3 sections(a)(13) and (d) and (i) give the city and county employees jurisdiction, but as of March 16 talk with city code enforcement, and after over two years of defective security system intercom wiring, government employees maintain they have no jurisdiction under H & S code 17920.3. City employee Richard Brinson, Le Taun J. Cotton, Veronica Bauchman, David Burkhead, Richard Jackson, and Udo O. Nwachuku all claim the city and county employees have no jurisdiction to enforce defective and improperly maintained wiring.
Since there is general dilapidation abandoned vehicle and improper maintenance of the wiring and construction materials, the Health and Safety code 17920.3 declares the building to be “unsanitary” and “substandard” and “unsafe”. Tenant security is at risk.
1522 Hi Point Street Los Angeles, CA 90035- Hot Pads
1522 Hi Point Street Los Angeles, CA 90035- Trulia
1522 Hi Point Street Los Angeles, CA 90035- Zillow
1522 Hi Point Street Los Angeles, CA 90035- Zumper
1522 Hi Point Street Los Angeles, CA 90035- Redfin
Update August 2 2015
as emailed and posted to the internet:
“My question to [Los Angeles] Mayor Eric Garcetti, Raymond Cervantes, Agassi Topchian* and Ian Yeom*, et al, is in these times of racial strife across this country of the United States, should any Black American be denied a housing service?”
“…in these times of racial strife across this country of the United States, should any Black American be denied a housing service?”
Update July 14, 2015
[This complaint was filed after the California Department of Fair Employment and Housing Refused to Investigate Housing Discrimination alleged against Hi Point Apts , zip code 90035.]
June 24, 2015
Government Claims Program
California Victim Compensation and Government Claims Board
PO Box 3035
Sacramento CA 95812-3035
Signed claim form- 2 pages
Money Order 228052 for $25.00
Email to DFEH dated April 17 2015 at 10:20 pm
Email to DFEH Noah Frigault June 18, 2015 at 10:49 pm
Damages requested $1 million [one million] against Teri Houston as individual; $1 million [one million] against Noah Frigault as individual; $1 million against the state Department of Fair Employment and Housing.
[tenant name, address, phone redacted]
JULY 13 2015
Government Claims Program
400 R Street 5th Floor
Sacramento CA 95812
Governor Edmund G. Brown
Betty T. Yee
Michael A. Ramos
Via Facsimile 916-491-6443 and US Mail
Re: Claim G625458 re against DFEH re Hi Point Apts LLC
I have received your letter of July 1, 2015 from Governor Edmund G. Brown
Marybel Batjer, Betty T. Yee, Michael A. Ramos, and Julie Nauman. It appears to be a computer generated letter and as such it is unintelligible. Nonetheless, it is not acceptable as a resolution to the damages caused by the Department of Fair Employment and Housing, and the my claim postmarked June 24, 2015.
I further hold the VCGCB liable under government code 815.6 and 911.2 for failure to conduct reasonable diligence to protect me from the risk of injury from DFEH and Hi Point Apts LLC, a California government regulated corporation.
In addition, as part of my claim, I did forward emails dated April 17, 2015 [attached], June 18, 2015 [attached[. Those emails indicate that the injury complained of as timely under the 6 month rule. I also attach the July 8, 2015 [attached] to DFEH which was my rebuttal to the July 8 notice of case closure. The DFEH July 8 statement of “reject intake” represents failure by DFEH to exercise reasonable diligence under government code 815.6.
All rights reserved. Please process the damage complaint against the DFEH without further delay.
Reference Claim Against California Government Claims Board. Government code 815.6 and Code 911.2.
[As seen on Facebook Assemblyperson Bass and Senator Wolk]
Update July 11, 2015
Department of Fair Employment Officials Named in $3 Million Damage Claim
CLAIM FILED AGAINST Department of Fair Employment and Housing. A three million dollar claim for damages has been filed against the California DFEH dated June 24 2015 and naming also state employees Teri Houston and Noah Frigault. Noah is the DFEH attorney who it is alleged denied a discrimination claim because he feels Black tenants are not entitled to civil rights protection at the 1522 Hi Point St 90035 property. The damage claims states the agency is liable under government code 815.6 and claims a violation of the “Ku Klux Klan Act” 42 USC section 1983. State case G625458. State contact phone 916-491-3700.
Update July 4 2015
[Taken from Flyer to Tenants and LA Mayor and Council. Editor answers below do not appear in the flyer.]
Is it ok for the owner of this property to discriminate or harass any tenant because of their race?
Is it ok for the owner of this property to discriminate or harass any tenant because of their source of income?
[No. California Government Code 12955(a) makes “source of income” discrimination unlawful. Example: An owner says a tenant is being denied a housing service because the tenant’s job income does not enable him to pay for that service even though other tenants are receiving the service but able to pay a higher rent.]
Are tenants who are Black entitled to the same rights as tenants who are White?
[Yes. All persons are entitled to “full and equal accommodations”. See the Unruh Act. ]
Can an apartment owner be charged with race discrimination even if their actions are not intentional?
Are tenants who are Black entitled to “full and equal accommodations, advantages, facilities, privileges and services in all business establishments” ?
[Yes. See the California “Unruh” Act. ]
Is it legal for a building owner to retaliate against tenants who complain about racial discrimination?
[No it is illegal. Retaliation is prohibited under state and federal law. ]
What is the difference between direct evidence and circumstantial evidence?
[Direct would be blatant, like someone calls you a name. Circumstantial would be the name they are calling you is implied by the circumstances. Like “you did not call him a n—-r but you sure treated him like one.” ]
Can tenants file housing discrimination complaints on behalf of other tenants?
[Yes, that is called a “derivative” complaint under federal housing regulations. ]
Do you believe that all tenants are entitled to Equal Protection of the law?
[Do you? ]
Can an apartment owner be charged with race discrimination on the basis of circumstantial evidence?
[Yes. California government code 12955. ]
Have you read the Ku Klux Klan Act ?
[Yes. Also known as 42 U.S.C. section 1983. ]
Do you believe tenants who are Black should be denied a working intercom?
Do you believe all tenants should have a working intercom?
[Yes. Why shouldn’t all tenants have the benefit of a working intercom to the outside of the building, which is considered a security feature? Aren’t all tenants entitled to security? How long does it take to fix an intercom, Mayor Garcetti?]
Do you believe a building intercom system is a security feature?
Do you believe a tenant’s rent should be reduced if they suffer the loss of a housing service?
[That is what the Los Angeles Municipal code rent control regulations say. And a working intercom is a housing service.]
Would you like the owner to install a front door peephole?
[Yes, I would like the slumlord to do that.]
Do you know it is illegal for the owner to charge any deposits other than the security deposit? Can you define illegal rent increase?
[Yes. The owner can only charge the yearly increase, a security deposit, and any other increase granted by the council. Fees for parking, air conditioning, utilities, pets, etc. are prohibited because they are not authorized by the rent stabilization ordinance. The few unscrupulous landlords depend on tenants to be unaware of their rights.]
Mayor and Council: Please vote for Zero tolerance of Housing Discrimination in Los Angeles.
Update April 28 2015
State of California Jerry Brown’s Department of Fair Employment and Housing has refused to assist African American and minority tenants at 1522 Hi Point Street [owned by “Hi Point Apts LLC”.]. After numerous complaints about housing discrimination, DFEH investigator Teri Houston has refused to assist tenants. Presumably the DFEH is saying that Black tenants at the property do not have the right to public accommodation. Teri Houston can be reached at 213-337-4466 or email@example.com.
One attorney said that she believes in a very short time housing discrimination will result in nationwide riots much like those now occurring over police brutality.
From Los Angeles Housing and Community Investment Department Website
“The mission of the Housing + Community Investment Department is to create viable urban communities by advocating for safe and livable neighborhoods through the promotion, development and preservation of decent, safe, affordable housing and by expanding economic opportunities and public services, principally for low- and moderate income persons” [emphasis added]
With the proliferation of gentrified neighborhoods in Los Angeles, it would seem the LAHCID has failed miserably at the mission to provide “affordable” housing for low and moderate income persons. [Alternatively, I believe the tax credit affordable housing projects primarily receive funding from federal and state government as well as local assistance.]
The Los Angeles Rent Adjustment Commission
“The Rent Adjustment Commission (RAC) of the City of Los Angeles consists of seven members who are neither landlords nor tenants. Members are appointed by the Mayor, subject to approval by the Los Angeles City Council. The term of office for each member of the Commission is four years.”
Jeffery J. Daar, Chairperson
Tai Glenn, Vice Chairperson
Leonora Gershman Pitts
“The RAC is responsible for adopting policies, rules and regulations to carry out the purposes of the Rent Stabilization Ordinance. Additionally, the Commission conducts studies, investigations, and hearings to gather necessary information to promulgate, administer, and enforce any regulation, rule, or order adopted in accordance with the Rent Stabilization Ordinance.” [Under the Los Angeles Housing and Community Investment Department or “LAHCID” website.] [[emphasis added]
They are a government administrative agency. My experience with such agencies is that many times they will not enforce your rights aggressively, they tend to follow opinion rather than fact, and they tend to act in favor of the money over the little guy. Go to them for help as a precursor to seeking legal options.
The Rent Adjustment Commission, much like the Police, is a law enforcement agency.
What is Code Enforcement?
Code Enforcement Mission
“To preserve and enhance the safety, appearance and economic stability of our community through the diligent enforcement of applicable ordinances and land use regulations.”
Fulfilling the Mission
“The Los Angeles Department of Building and Safety (LADBS) is tasked with the maintenance of the City’s building stock through the enforcement of building, electrical, mechanical, plumbing and zoning codes which are elements of the Los Angeles Municipal Code (LAMC). The basic methodology of enforcement is the issuance of an Order to Comply (OTC) to the property owner and any other person in control of a property who violates or causes or permits another person to violate any provision or requirement of the LAMC. The OTC is essentially a warning letter with a time frame for voluntary compliance. The OTC describes the violation(s), instructions to remedy the violation(s) and warnings of possible penalty fees and criminal prosecution. Violation of the LAMC is a misdemeanor and code enforcement cases must therefore be prepared for the possibility of being resolved in Los Angeles Superior Court.”
This is another administrative agency that has broad powers to actually allow a construction project to continue or shut it down rather quickly. My experience with such agencies is that many times they will not enforce your rights aggressively, they tend to follow opinion rather than fact, and they tend to act in favor of the money over the little guy. Go to them for help as a precursor to seeking legal options.
Update October 3 2015
[As seen on Facebook]
Dear Congressperson Karen Bass: please forward to your colleagues at Los Angeles City Hall: Los Angeles Municipal Code section 41.40 was passed as a noise abatement ordinance. So why do city officials like LADBS and city attorney Michael Feuer and Robert Moore insists that the code is a “construction” ordinance. Since many attorneys believe the same thing, I would wonder if they truly read the ordinance. “Noise abatement” does not mean hours of construction. Why LAMC 41.40 is not a construction ordinance
August 6 2015 Potpouri
Thanks to all those also from other countries who visit this site.
California Penal Code 484(a).
[Note: Hi Point Apts LLC owner Walter Barratt makes tenants sign a lease agreement in which it states that tenants have to report other tenants who post or display flyers on windows or doors. The problem is that the owner omits to tell tenants that under state civil code 1940.4 tenants have the right to post flyers under certain circumstances, like political flyers. He also fails to tell tenants that they could violate the penal code below if they attempt to interfere with tenants rights under civil code 1940.4. So far the Los Angeles District Attorney Jackie Lacey has refused to take reasonable efforts to protect tenants at the property from a landlord engaged in criminal theft.]
484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
LA Rent Control The Rent Adjustment Commission (RAC
Updated December 24 2016
“Certainly tenants who are white at the property, and the non-Blacks, have the use and benefit of intercom and parking stall, and certainly those tenants reasonably and justifiably place significant and substantial importance on such housing services since they signed the lease and pay over $1700 per month for such housing services. I can hear the voices of those now long dead Blacks in Alabama, ‘Oh, Mister Charlie, I just want me an Intercom boss, and some maintenance, and maybe a parking spot for my car, I am on my knees begging you boss.’ And the white plantation owner smiles down on the Darky and whips him for daring to ask a question. Well what year was that? 2015? The plantation owner continues, ‘And don’t even think of going to court, Boy, cause we gonna lynch you before you get there!’
Taken from “How does a Ham-Jew-DNA-Kushite Black American qualify for intercom?” Click here to see page
Racism Hi Point Apts
Apartments for rent in Los Angeles
Loads of apartments under $1500 per month
) Rent Control Los Angeles rent-controlled http://www.caltenantlaw.com/LARSO.htm LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles rent-controlled http://hcidapp.lacity.org/lahdinternet/RentStabilization/tabid/247/language/en-US/Default.aspx LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles rent-controlled http://www.lafla.org/pdf/hou_rentcontrol_eng.pdf LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles rent-controlled http://la.curbed.com/archives/2014/04/la_landlords_pushing_out_all_the_rentcontrolled_apartments.php LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles rent-controlled
LA Rent: Has rent control been successful in Los Angeles? Evictions from rent-controlled units on the rise in L.A. LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles rent-controlled Top 10 Most Frequently Asked Questions – Landlord/Tenant http://www.hrc-la.org/doc.asp?id=36 http://dcba.lacounty.gov/wps/portal/dca/main/home/yourhome Department of Consumer and Business Affairs https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=9&cad=rja&uact=8&ved=0CFQQFjAIahUKEwi43cPqk5bHAhUBz4AKHWGyBr4&url=http%3A%2F%2Fwww.yourlegalcorner.com%2Farticles.asp%3Fid%3D160%26cat%3Dland&ei=zzbEVfi5A4GegwTh5JrwCw&usg=AFQjCNHHNxsUjrdRfV8Z-63nDIl0C1O9ig LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&cad=rja&uact=8&ved=0CFoQFjAJahUKEwi43cPqk5bHAhUBz4AKHWGyBr4&url=http%3A%2F%2Fwww.slideshare.net%2FezLandlordForms%2Flos-angeles-rent-stabilization-handbook-rent-control&ei=zzbEVfi5A4GegwTh5JrwCw&usg=AFQjCNFtyGZr8DpH9NfDFcpF2MezB5cAJg LA Rent Control The Rent Adjustment Commission (RAC) Rent Control Los Angeles https://lahousingpermitsandrentadjustmentcommission.wordpress.com/pending-rac-complaints-re-1522-hi-point-street-90035/