Appeal of the THP

 

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 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.

click here to read “Tenant News”

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.

Click for Youtube Video on Hi Point Apts

Update December 2 2015

Watch for update here in a few days detailing new developments with the hearing decisions and request to the Mayor to terminate the employment of Andre L. Brown based on Brown’s bias at the hearing. We will also post a recall of a talk with Hi Point Apts LLC/Abady Holdings Cliff Renfrew and his renewed threats against Black tenants. And why tenants should care about asbestos in their apartment or do they care? [“THP “stands for tenant habitability plan, a package of documents specific to rent control buildings.]

Update November 27 2015

City Hearing Officer Andre Brown Asked to Reconvene Hearing to allow for fair Treatment; No response

[October 29 2015 va email to city government officials email addresses]

“Request for hearing to be reconvened re Appeal of THP re 1522 Hi Point St 90035”

From: [tenant name redacted]
Sent: Thu 10/29/15 11:21 PM
To: hcidla.gmhearings@lacity.org (hcidla.gmhearings@lacity.org)
Cc: Charles Floyd (thefirstjew@yahoo.com); Ambassador Charles Linder Floyd  (thekushite@gmail.com); RSO Contact (hcidla.rso.central@lacity.org); Fair Housing Doj (fairhousing@usdoj.gov); councilmember.wesson@lacity.org (councilmember.wesson@lacity.org); Hi LLC (walter.barratt@gmail.com); Cliff Renfrew (cliffrenfrew@gmail.com); David Greene (david.greene@lacity.org); Charles Garcia (charles.v.garcia@lacity.org); Lincoln Lee (lincoln.lee@lacity.org); raymond.chan@lacity.org (raymond.chan@lacity.org); Rodney Arias (rodney.arias@lacity.org); David Casian (david.casian@lacity.org); Steve Ongele (steve.ongele@lacity.org); giovani.dacumos@lacity.org (giovani.dacumos@lacity.org); Ifa Kashefi (ifa.kashefi@lacity.org); deron.williams@lacity.org (deron.williams@lacity.org); Jeff Paxton (jeff.paxton@lacity.org); Debbie L. Harmon (debbie.l.harmon@hud.gov); complaints_office_02@hud.gov (complaints_office_02@hud.gov); contact.center@dfeh.ca.gov (contact.center@dfeh.ca.gov)

“Ordinance 176544
Sec 152.07
F. Any agreement, whether written or oral, waiving any of the provisions of this article shall be void as contrary to public policy.”

Dear Parties:

1. The ordinance makes it clear that THP related matters must be handled within the confines of the THP process, that agreements outside the THP process are void. At the Oct 28 hearing the hearing officer insisted that many matters should have been handled outside the THP process; the hearing officer abused his authority to make that oral ruling on the record, as his insistence that agreements be made outside the THP process are void under the ordinance.

2. Pursuant to the request to suspend federal funding to the city of Los Angeles government, at the hearing Charles Garcia testified that many of the eligible tenants at 1522 Hi Point never were served with a filed tenant habitability plan; a THP is the precursor to the permits, permit clearance, and certificate of occupancy. In fact, after over 16 months of renovations, and still four more apartments to renovate, with about 13 units that would have been subject to a THP, but 18 subject to asbestos and lead inspections and mediation, only apt 9 has been served with a THP;

“Did Garcia benefit by bribes or otherwise to conspire to undermine the THP process?”

is it true that it is city employee Charles Garcia under the direction of Rushmore Cervantes who told Hi Point Apts LLC that they did not have to file and serve a THP on applicable tenants at 1522 HI Point St? Did Garcia benefit by bribes or otherwise to conspire to undermine the THP process?

3. I would like the hearing to be reconvened briefly so that I may be afforded fair opportunity to present the exhibits that the hearing officer unfairly prohibited me from filing on the 28th. I should need no more that 15 minutes, unless the hearing officer again engages in questioning his/her inability to comprehend English.

[tenant name and address and phone redacted]

C: HUD re suspension of federal funds

DFEH

[Editor Note: City employees Andre Brown and Charles Garcia have refused to respond to questions and evidence of corruption in the Los Angeles Housing Community Investment Department under Mayor Eric Garcetti and Rushmore D. Cervantes. City wide hundreds of tenants may have been cheated out of thousands of dollars under practices authorized by Mayor Garcetti.]

Discrimination and Corruption Alleged at Housing Public Hearing Oct 28 2015

[As told to Rushmore Cervantes and Mayor Eric Garcetti re Oct 28 Letter from]

“My opinion is that there can be no resolution of many of these issues today because of the discrimination and corruption of Los Angeles government agencies.” Tenant

A tenant habitability plan is a package of documents served on a tenant and filed with the city which enables the tenant to temporarily relocate or receive permanent relocation monies. The city government says the THP plan is a requirement before conducting primary renovations in an occupied unit, and a requirement before permits can be approved for repairs. No THP, no permits, no certificate of occupancy.

Summary of Oct 28 Public Hearing

When the hearing began, the so called property manager Cliff [he called himself the “general manager” for various properties] said that since I had written 27 pages he asked the hearing officer to “limit” my presentation. The hearing officer city employee Andre Brown said he also wanted to “limit” my testimony stating that he wanted me to follow a script letter presented today at the hearing by city employee Charles Garcia. I fought to have all my testimony included and stated that I was being treated in a prejudicial manner and denied a fair hearing; I also stated that I was not able to read people’s minds to determine what I was going to be “limited” to saying. “

The hearing officer only allowed me to read my oral comments, I entered that as “Exhibit 1” and the Gaba email as Exhibit 2 and that was as far as I got as exhibits. None of my pictures got in as Exhibits.” Tenant.

CHARLES GARCIA RECOMMENDED:

Being that apartment 9 tested positive for asbestos, the landlord shall have a state certified asbestos abatement contractor perform all asbestos related work

Landlord will provide to dept and tenants of unit 9 a clearance report for asbestos to re-occupy the unit

The work hours be listed on the THP as 8:00 am – 5:00 pm, no work permitted on Saturday or Sunday.

[Editor note: Workers had been reported to code enforcement repeatedly as being on the property between 7 am -9 pm and on Saturdays. A letter from LADBS claimed to have advised the contractor they would be fined if on the property outside the 8 am – 5pm Monday thru Friday hours. The property owner claimed at the hearing he would not comply with the 8am-5 pm hours. A decision is pending from the biased Andre Brown, city employee.]

At the hearing the tenant testifies

My opinion is that there can be no resolution of many of these issues today because of the discrimination and corruption of Los Angeles government agencies.”

The current rent of $1270.53 is an illegal rent increase. I request that the hearing officer modify the THP to show that the current rent is reduced by $260.00 to reimburse for the continuing loss of tandem parking stall and loss of working intercom.”

Agreements with other tenants outside of THP are void. [Editor note: Charles Garcia admitted at the hearing that numerous tenants, perhaps thousands across the city, were not served with the THP presumably because Garcia erroneously told property owners a THP was not necessary. Thousands of Los Angeles tenants could be owed relocation money damages.]

Were there bed bugs in apt 18? “

Excerpt Appeal THP Issues as separate document

[This is an excerpt of the 27 page appeal that was filed with the city and copied to the property owner Hi Point Apts LLC Walter Barratt and Cliff Renfrew weeks before the Oct 28 hearing.]

[ Issues Ignored by Owner and City at the Hearing after “limiting” comments from the Tenant but unfairly allowing white plantation owner Cliff Renfrew/Walter Barratt to speak freely ]

That the THP for apt 9 will detail owner agreed rent reductions for excessive and sustained repairs damaging the habitability and quiet enjoyment of tenants at 1522 Hi Point Street

That in the THP the owner will address mitigation steps to reduce harmful exhaust emissions into bedroom window of apt 9 tenants occurring when vehicles exiting the parking lot have to stop for the motorized gate to open.

That in the THP owner will summarize rent reductions as for loss of tandem parking stall, shared utility rent reduction, lack of door entry rent reduction, and deprivation of visitor stall and reduction in rent. Tenants apartment #9 have been repeatedly skipped over for available tandem parking stalls without the owner giving a reason for this denial of housing service privilege.

That the owner applied for permits on May 12 2014 for “remodel of kitchen and bathroom for units” #1-18. Such applications were not communicated by owner to tenants Apt 9. That May 2014 until now September 2015 is an excessive and sustained amount of time for demolitions, utility shutoffs, dust, noise, and deprivation of quiet enjoyment to tenants [and apt 9] that has occurred over a 16 month period and will continue because at least three more apartments will face primary renovations.

The intercom has not been fixed in apt 9 since prior to May 2014. That is about 16 months. Tenant Willie Allen, an agent of the owner, recently claimed there were “terrorists” in the building. As a result of the lack of intercom, and the statement of Mr. Allen, I was forced to install alarm system in Apt. 9.

That the owner will agree to keep the grounds on a daily basis free of rubbish, rodents, and other pests as well as free from trucks containing debris, as required under CC 1941.1(f).

That the owner will agree to keep the grounds on a daily basis free of rubbish, rodents, and other pests as well as free from trucks containing debris, as required under CC 1941.1(f).

Common areas including the mailbox area must be returned to clean condition at the end of each day construction crews are onsite. [Editor note: Primary renovations of construction noise and dust will continue on the property for four more units out of eighteen. The owner refuses to supply a deadline as to when the over 16 months in repairs will be completed.]

Owner has not addressed… any mitigation efforts to redesign the parking lot to mitigate the cancerous causing exhaust fumes [into tenant apartments]. [Editor note: Health and safety codes requires machinery emitting exhaust fumes be at least 20 feet from open windows.]

Owner agrees to set up air locks to mitigate dust and debris settling into the common areas from apartments being demolished.

The lead and asbestos inspections appear faulty because there was no testing of the carpet or common areas or testing of apartments that were previously demolished.

The State Health and Safety code section 17920.3(d) requires that all wiring in city buildings must be in “good and safe condition and working properly.” Intercoms to apts 9, 8, 5, 15 have not been working properly.

Hi Point Apts LLC is a slum landlord. [Editor note: It is typical that HI Point Apts LLC would seek to limit a tenants presentation because that is exactly what many tenants at the location allege:  that the owner ignores communications, in bad faith and a violation of quiet enjoyment. ]

For purposes of the THP modify, the city government will admit in writing that permits were cleared improperly for units at 1522 Hi Point St where no THP or notice of primary renovation was filed; that the landlord is prohibited from raising the rents in such units where there was no THP filed and served. [Editor: Past tenants who never received a THP may be owed damages from the city government. That may be at least nine or more tenants.]

Owner will modify the THP to show that he will lower all rents to required levels in units where no THP was filed and served and the tenant did not voluntarily vacate.

Owner must modify the THP to supply a hazardous materials inspection report for apt 18.

The owners advertises a pet deposit and an air conditioning deposit but those appear to be illegal rent increases as they are not authorized under the Los Angeles Rent Stabilization Ordinance.

It has been the owner’s practice over the past year to either violate tenant rights or ignore tenant complaints. If you complain to local and state government to have your rights enforced, the government has shown it will either unfairly side with the owner or will ignore your complaints.

For about five tenants, the city LAHCID and the owner refused the required rent rebate during the time there was no resident manager.

For about six tenants, the city LAHCID and the owner have refused to provide the required rent rebate due to non-working intercoms.

The owner has been reported to government officials for practicing discrimination in the assignment of parking stalls.

The owner has refused to file and serve tenant habitability plans with the city for affected tenants

Construction crews routinely improperly park in the guest visitor stall.

[Editor: All these issues above as worded were received in writing by the owner and the city government prior to the Oct 28 hearing but at the hearing discussion on these areas was prohibited, and the owner and the government officials did not respond. Redacted.]

Government Retaliates Against Tenant who alleged discrimination: City Business as Usual.

Exhibits that were not allowed:

Walter submitted tenant habitability plan received by me [attachments not included]

My appeal of 27 pages

Hearing notice for October 28

Picture of opening under apt 18 [door]

Copy of ADT bill

Copy of internet ATT bill

Picture parking stall 14

30 day notice to move from parking stall 14

Letters owner acknowledges intercoms not working

Email Jul 23 2014 from Cliff Renfrew to HCIDLA “Re Hi Point Intercom”

Email Jul 29 2015 from Walter Barratt to HCIDLA re “1522 Hi point 12. Attention Armida Olguin Flores” re Intercom

Flyer October 25 2015 “Open House Cancelled” posted at 1522 Hi Point St

October 25 2015 Zumper Ad showing 1522 Hi Point St #18 for lease

October 24 2015 Hot Pads Ad showing apt 16 for rent

October 20 2015 letter from Cliff Renfrew showing correct rent for apt 9 but not addressing rent reduction for loss of parking stall and loss of intercom

Email dated July 15 2015 re “Request for Info to LAHCID and Property Owner- “ regarding housing services 11:32 pm- to LAHCID and property owner and others- 3 pages

Picture parking lot Dec 24 2014

Picture Oct 10 2015 no dust seal Apt 18 door

Picture Oct 4 2015 re no dust seal

Picture April 11 parked in tandem stall before parking reduction

Picture Oct 19 2015 roach re need for pest control at bldg

Picture Oct 4 2015 picture door apt 18 need for renovation areas to be sealed from dust

[Editor: This document has been redacted from the original 27 page document.]

***************************************************

For all tenants at 1522 Hi Point:

Living with Asbestos Contamination: an argument

Apt 9 is one of four remaining units that have not been renovated out of 14 previously renovated. Five of that number were vacant while nine remained that tenants occupied before renovations. City employee Charles Garcia stated Oct 28 2015 that Apt 9 only received “limited” testing and that asbestos was found September 2014, a year ago.  A year goes by and no hazardous waste cleanup. This information by Garcia was in his possession a year ago yet only now is he recommending additional testing.

Due to renovations over the last year in other apartments, it is possible the asbestos levels have risen in apt 9. But what about the 14 other apartments? It is probable they did not receive asbestos and lead testing at all because the city did not require the THP which would have required the asbestos testing and containment for such apartments. Even if those apartments had been tested, due to unsafe work practices since that time , those units would have suffered asbestos contamination over the last year from dust and asbestos fibers in the common areas and hallway carpets. The common area carpeting, most likely never experienced shampoo over 2 years, was recently removed. During construction, the walls of renovated apts were opened which presented a greater risk of contamination.

What should a concerned tenant do?

 Your options are to request a testing of your apartment from the owner, complain to Rent Control and code enforcement, and ask for your unit to be re-tested after all building repairs are completed. Also ask for a copy of the asbestos abatement clearance report that accompanied the certificate of occupancy for your unit.

If the owner and city left tenants in apt 9 for over a year without the proper asbestos testing, what do you think the owner did to your apartment?

Remember the words of city attorney Robert P. Moore, who said that tenants at Hi Point are not entitled to a rent reimbursement because he said an intercom is NOT a housing service.

What does the Los Angeles municipal code say about housing services?

Los Angeles municipal code section 151.02 defines Housing

Services as services connected with the use or occupancy of a rental unit

including, but not limited to, utilities (including light heat water and

telephone) , ordinary repairs or replacement, and maintenance, including

painting. This term shall also include the probation of elevator service,

laundry facilities and privileges, common recreational facilities, janitor

service, resident manager, Refuse removal, furnishings, food-service,

parking and other benefits privileges or facilities. Chapter XV of the Los

Angeles municipal code Rent Stabilization ordnance, effective in the city of

Los Angeles, requires that where there is a reduction in housing services

there must be a corresponding decrease and equal to the reduction in the

monthly cost to the landlord of the service, divided by the number of units

deprived of that service.”

It is typical that HI Point Apts LLC would seek to limit a tenants presentation because that is exactly what many tenants at the location allege that the owner ignores communications, in bad faith and a violation of quiet enjoyment.

[As seen on Facebook, Yelp, Youtube, Random Lengths Newspaper Oct 1-14 2015, wordpress.com. Based on documents provided to city officials and the Legal Aid Foundation. ]

“Ordinance 176544 Sec 152.07

F. Any agreement, whether written or oral, waiving any of the

provisions of this article shall be void as contrary to public

policy.”

City employee Charles Garcia has admitted that the city negligently told Hi Point Apts not to submit THP’s on many tenants; those tenants may be entitled to thousands of dollars in relocation monies from the city government. Did Garcia take a bribe? Help spread the word across the city.

September 26 2015 Circa

[Editor note: Under city Los Angeles rent stabilization ordinance [“Rent Control”], an owner can conduct primary renovations by moving the tenant temporarily to other housing or by offering permanent move out money. In this example, the owner was required to serve the tenant habitability package [“THP”] on thirteen tenants. The city was notified and acknowledged that out of nine apartments  renovated [four remain to be renovated] , none were served with the required THP or filed with the city. The THP is required to obtain permits and the permits enable the property to be certified for occupancy. This is the appeal of the THP that was only served on only one tenant out of thirteen. The original appeal is 27 pages long with requests for 58 modifications to the THP.]

[This document has been redacted. The THP was filed by Hi Point Apts LLC Walter Barratt, Cliff Renfrew, and Abady Holdings. The administrative appeal hearing of the THP is set for October 28 Wed at 2:00 p.m. at 1200 West Seventh St LAHCID 1st floor. Garland Center. 1522 Hi point St is a rent control building.   The hearing is open to the public and all tenants of the building can attend.]

Click here for general information from city

Via Fed Ex and US Mail September 26 2015

Summary current unresolved issues concerning

1522 Hi Point Street known as Hi Point Apts LLC,

Walter Barratt, owner and agent for service;

Discrimination and Corruption; misuse of federal funds

[not intended to be inclusive]

  1. Rent reduction due to reduced parking; owed from owner $200 per month since May 2014, plus treble damages; housing service reduction; totals 16 months/200 = $3200 plus treble damages.
  2. Rent reduction due to un repaired door entry system since April ; treble damages
  3. Rent reduction due to tandem stall not provided since May 2014 ; housing service reduction [“deprivation of service”]; treble damages
  4. Rent reduction due to deprivation of visitor parking stall since May 2014
  5. Rent reduction due to other tenants due to no resident manager from April to August 2014
  6. Illegal rent increase no separate utility meters. Treble damages from date of increase circa June 2014 

    “The owner must address what steps will be taken for the containment of airborne asbestos in the building and common areas due to future demolition of apts 18, 9, 8, 15, 5.”

  7. Quiet enjoyment issues due to continuing excessive and sustained apartment renovations outside of permitted primary renovation hours
  8. Tenant habitability issues due to continuing excessive and sustained apartment renovations
  9. Owner and contractors failure to comply with allowed hours of primary renovations
  10. This building was built before 1978 thus I believe the city government was supposed to conduct a lead and asbestos inspection before any permits were issued; no such inspections occurred by city employees
  11. Over 24 code enforcement complaints have been filed against Hi Point Apts LLC. As a result of renovations, the landlord has failed to maintain “Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.” Owner has engaged in prohibited “Hazardous storage, obstruction of access or egress, or accumulations of hazardous refuse.” Contractors have frequently parked debris filled trucks on the property for days at a time or overnight. This includes numerous rent control commission complaints.
  12. The owner must address what steps will be taken for the containment of airborne asbestos in the building and common areas due to future demolition of apts 18, 9, 8, 15, 5.
  13. My understanding is that if Hi Point Apts does not provide the required rent reductions, the Los Angeles Mayor and Council will enter lawsuit against Hi Point Apts LLC for consumer fraud and/or under the authority of the REAP program.

Requests for written Modifications to the THP presented by Hi Point Apts

* The owner must address the fact that repairs over the next six months will cause excessive and sustained deprivation of essential functions to myself as tenant, and others, due to the length of time of the repairs to four remaining units; the owner should address in a modified THP a reduction in the time for remaining apartments primary renovations

* The modified THP must state that primary renovation, and any and all related work,and repair crews for all remaining units, will be at the property between 8:00 a.m. And 5:00 pm Mon thru Friday only. Any repairs or related actions by workers being done on the property after that time are prohibited.

* That any primary renovations and related work [cleaning, painting, installing, etc.] repairs conducted after the hours of 8:00 a.m. And 5:00 pm will have an adverse effect on the habitability and quiet enjoyment of tenants and the common areas like the walkways, hallways, parking lot, mailbox area, front and back entrances. That primary renovation work is any and all work related to primary renovation until the primary renovation is completed.

* That currently demolition crews carry broken drywall and dust thru the hallways and parking lot; that the doors of entry to all units being renovated must be covered with double plastic as well as a closed door; that hallways and common areas will be vacuumed on a daily basis and all door facings, railings, stairways will also be vacuumed or similarly cleaned or wiped down in accordance with Safe Working Practices regarding lead paint dust and asbestos fibers hazards. Workers will take the maximum amount of steps to assure that they do not track drywall dust onto the hallway carpet, common areas, front and back doorways. Almost every day I witness drywall dust footprints in the carpet in the hallways.

* That the THP for apt 9 will detail owner agreed rent reductions for excessive and sustained repairs damaging the habitability and quiet enjoyment of tenants at 1522 Hi Point Street

* That in the THP the owner will address mitigation steps to reduce harmful exhaust emissions into bedroom window of apt 9 tenants occurring when vehicles exiting the parking lot have to stop for the motorized gate to open.

* That in the THP owner will summarize rent reductions as for loss of tandem parking stall, shared utility rent reduction, lack of door entry rent reduction, and deprivation of visitor stall and reduction in rent. Tenants apartment #9 have been repeatedly skipped over for available tandem parking stalls without the owner giving a reason for this denial of housing service privilege.

“That the owner will agree to keep the grounds on a daily basis free of rubbish, rodents, and other pests as well as free from trucks containing debris, as required under CC 1941.1(f).”

* That when on the property the owner Walter Barratt and Cliff Renfrew will at all times conduct themselves in a professional, cordial manner, and show respect for all tenant’s right to mutual communication and quiet enjoyment and Barratt and Renfrew will agree to make good faith efforts to answer all tenant concerns addressed to them by responding in a written manner by first class mail, or to if necessary set up appointments to meet with tenants in person off the property in a neutral place, like at McD, to communicate owner habitability program obligations. Ninety per cent of communications to Barratt, Renfrew, and London have been ignored or not responded to since April 2014.

* That even though the apartments in the building are all one bedrooms, the apartments in the front and rear of the building may be larger than apartments in the middle; that apartments on the left side of the building are a foot larger than apartments on the right side of the building.

* The intercom has not been fixed in apt 9 since prior to May 2014. That is about 16 months. Tenant Willie Allen [Air Force personnel] , an [assumed] agent of the owner, recently claimed there were “terrorists” in the building. As a result of the lack of intercom, and the statement of Mr. Allen, I was forced to install alarm system in Apt. 9. Such alarm system installed around August 15, 2015, can be temporarily moved but there may be a monetary costs involved. The owner THP must address compensation for moving the alarm system to apt 18. The system costs about $57 per month.

* That the owner will agree to keep the grounds on a daily basis free of rubbish, rodents, and other pests as well as free from trucks containing debris, as required under CC 1941.1(f).

* That at numerous times [ also Sept 14 at 5:56 pm at Apt 1] I witnessed that at doors for apts undergoing demolition, there was a gap under the door of about two inches which allowed dust and odors to escape into the common areas; that the owner will take adequate containment measures to keep contaminants from entering the common areas of the building from demolished units; that owner and maintenance crews will conduct a proper clearance of all asbestos dust hazard area apartment units.

* Common areas including the mailbox area must be returned to clean condition at the end of each day construction crews are onsite.

* The THP must mention the use of a dust extractor for the units being demolished. Workers currently walk thru the common areas with presumed hazardous materials like dust, drywall, etc. on their clothes.

* Entry doors must be completely sealed for unit(s) being demolished.

* For purposes of health and safety, owner must install a wide angle peep hole viewer to the front door.

* The owner must identify what professional person is being used for asbestos abatement.

* The owner must notify all tenants that demolition and upgrades to units in the building will only occur from Monday thru Friday from 8:00 a.m. To 5:30 p.m. and this includes all workers, installers, mechanics, cleanup, without limitations or exceptions, other than in case of an emergency.

* Owner agrees to set up air locks to mitigate dust and debris settling into the common areas from apartments being demolished.

* Under #12, “are housing services lost?”, owner has failed to address the possible loss of internet/phone service at a cost of $57 per month.

* The lead and asbestos inspections appear faulty because there was no testing of the carpet or common areas or testing of apartments that were previously demolished. Bear in mind that tenants #9 did not receive advance notice of lead or asbestos testing; that both tenants were present in the apartment on September 10 and no one mentioned they were doing lead tests, telling us their were checking the smoke alarms.

“Common areas including the mailbox area must be returned to clean condition at the end of each day construction crews are onsite.”

* The owner Notice of Primary Renovation Work estimates the rent increase at a straight ten percent. This would be incorrect because the owner is incorrectly basing the 10% on a figure that includes the $3.61 SCE rent increase fee. The SCE should be excluded from the estimated 10% increase.

* The owner of the building, Gianni Capaldi, maintains that the door entry intercom system is for purposes of “security” but he has refused to explain why at one time 80% of tenants who are white are the only ones who have working intercoms. The State Health and Safety code section 17920.3(d) requires that all wiring in city buildings must be in “good and safe condition and working properly.” Intercoms to apts 9, 8, 5, 15 have not been working properly.

* The THP lists Cliff Renfrew as the “landlord”. I am not aware that he is the landlord so that is a false statement that should be removed from the THP. He might be an agent of the owner Walter Barratt Hi Point Apts LLC. Marilyn London is the resident manager; Walter Barratt is the owner and agent for service of process.

* The THP should be modified to put someone else as contact person. Cliff Renfrew has ignored 99% of my inquiries over the past 16 months so he is not qualified to be the contact person for Hi Point Apts LLC and the THP.

“Due to the city LAHCID’s failure to enforce LAMC and RSO regulations, LAHCID and RSD will suspend all operations for 30 days pending federal review by HUD.”

* Hi Point Apts LLC is a slum landlord.

* This THP should be modified to state that the city government refuses to enforce the RSO regulations in a non-discriminatory and fair manner as regards the LAMC violations at Hi Point Apts.

* City regulations require that primary renovation permits cannot clear unless a THP and notice of primary renovation has been filed and served. The owner must modify and admit for the purposes of the THP that before starting primary renovations he did not serve THP’s on tenants #1, 14, 16, 10, 18, 6, 11. The primary renovation permits for those apartments should not have been cleared by LAHCID; thus no CFO (sic) , or as amended, should have issued, thus rents were collected illegally. Further, no rent increase can result from those apartments since there is no THP to show the previous THP tenant vacated the unit voluntarily; a landlord cannot raise the rent if the tenant did not vacate voluntarily. If the owner did file THP’s, let him supply them for purposes of the THP appeal hearing.

* For purposes of the THP modify, the city government will admit in writing that permits were cleared improperly for units at 1522 Hi Point St where no THP or notice of primary renovation was filed; that the landlord is prohibited from raising the rents in such units where there was no THP filed and served.

* Owner will modify the THP to show that he will lower all rents to required levels in units where no THP was filed and served and the tenant did not voluntarily vacate.

* Owner will modify the THP to reflect reductions in rent to apt 9 due to reduced housing services as enumerated herein: parking, intercom, and the $3.61. Rent monies must be reimbursed accordingly, current base rent will be reduced due to loss of intercom, and loss of parking stall.

* Due to the city LAHCID’s failure to enforce LAMC and RSO regulations, LAHCID and RSD will suspend all operations for 30 days pending federal review by HUD.

57. As part of a modified THP, the owner as well LAHCID will answer the following questions:

1. What are the qualifications for a tenant to be assigned an intercom/tandem parking stall?

2. Which tenants by apartment number do not qualify for an intercom/tandem parking stall?

3. Which tenants by apartment number had their rent reduced because their intercom is not working or parking reduced?

4. How much was the rent reduced for tenants who did not receive a working intercom or tandem parking stall?

5. Specify the fee for intercom/tandem parking at the 1522 Hi Point and detail by corresponding apartment number, i.e apartment unit and fee for intercom service.

6. Are there any other qualifications for having an intercom/tandem parking stall at 1522, i.e race, color, sex, source of income, etc.?

7. What is Cliff Renfrew’s employment title?

8. What employee is responsible for the assignment of intercoms/tandem stalls?

9. List any tenant(s) whose apartments do not have working intercoms/tandem stalls.

10. How is first come first served applied to the assignment of intercoms/tandem stalls?

11. What state government training/certification/license have you received to be hired as a resident manager?

12. Have you received sensitivity training on the civil rights laws that govern the rights of tenants?

58. Owner must modify the THP to supply a hazardous materials inspection report for apt 18.

“First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—

Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—

Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.”           Martin Niemöller

“The question shouldn’t be “Why are you, a Christian, here in a death camp, condemned for trying to save Jews?’ The real question is “Why aren’t all the Christians here?”

― Joel C. Rosenberg, The Auschwitz Escape

This code complaint Sept 22 2015 is subject to an Open Records Act request and should not be deleted or edited in any form or manner. All rights reserved. /s/ [Tenant]   Sep 25 2015

LAHCID RENT STABILIZATION DIVISION INVESTIGATION AND ENFORCEMENT

3550 Wilshire Blvd, Suite 1500, Los Angeles CA 90010

Mayor Eric Garcetti, Gilbert Cedillo, Paul Krekorian, Bob Blumenfield, David E. Ryu, Paul Koretz, Nury Martinez, Felipe Fuentes, Marqueece Harris-Dawson, Curren D. Price, Jr., Herb J. Wesson, Jr., Mike Bonin, Mitchell Englander, Mitch O’Farrell, Jose Huizar, Joe Buscaino.

Javier Nunez Raymond D. Chan; Frank Bush Jeffery J. Daar, Chairperson; Tai Glenn, Vice Chairperson Jose Oliva; Carole Brogdon Leonora Gershman PittsPaula Leftwich Jane Paul; Armida Olguin-Flores, Investigator; Araceli Sophia Gonzalez, Supervisor

Corruption Under Mayor Eric Garcetti Clear and Simple

[This has been redacted from the original 27 page appeal received by the city government.]

Click here for LAHCID website

Update October 24 2015

As seen on Facebook:

“The Slum Lord Hi Point Apts LLC claims he has Apartments for rent. Los Angeles 90035 as seen on Yelp also. Since this is a rent control building, he cannot charge the $50 for the air conditioning or the $500 per deposit because it is an illegal rent increase, not authorized under rent control regulations. Contact Mayor Eric Garcetti or LAHCID if you want to complain about this as a prospective tenant. The rental agent is also showing apt 18 but the owner has told the city that apt 18 is supposed to be used for a tenant temporary relocation so it is questionable why apt 18 is being shown if it is not available. The only apartment that may be available soon is apt 11. The property is currently under investigation and subject to public hearing on Oct 28 2015. The owner did renovations to apartments  for which the proper city regulations were not followed and the certificate of occupancy is in question which means tenants may not legally move in or the owner cannot collect rents. The owner has recently been found liable for numerous code violations and illegal rent increases. The property is also under investigation by the county for mold infestation. Inquire at your own risk!”

See the Hot Pads Ad  for 1522 Hi Point St #16 for rent:

Williams real estate advisors advocates Illegal rent increases

Video on Hi Point Apts

Video shows corrupt code enforcement Los Angeles

News on hours of primary renovation

Various City LADBS officials have said that the hours of primary renovation are Monday thru Friday 8:00 am – 5:00 p.m. in any building under the jurisdiction of a tenant habitability plan, i.e rent control.  Previously city employees allegedly had posted incorrect hours of 7 am – 9 Mon – Saturday at various sites until a tenant at 1522 Hi Point St persistently complained those were the wrong hours and that his “quiet enjoyment” was being disturbed. The owner of the property ignored numerous complaints about primary renovation hours. Thousands of Los Angeles residents may be owed damages where primary renovations were done during the wrong hours. Primary renovation on Saturdays and Sundays is prohibited. Tenants of 1522 Hi Point St may be owed damages since illegal hours of renovations started around April 2014 by the owner and contractors.

Special Update December 8

[Editor: makes one feel like some members of the public and the government don’t take terrorism seriously, while good men and women still sacrifice their lives to protect us. 

[This list is based on documents held by Public Government Officials, such documents subject to the California Public Records Act]

Chronology 2015:

“arranging events in their order of occurrence in time.”

July 21 Los Angeles Mayor and Council, and city attorney Mike Feuer are notified about Air Force personnel Willie J. Allen, a Los Angeles resident

July 22 Air Force employee Willie J. Allen writes two emails and among other things says “accessory to the attempt on a uniformed person’s life, and domestic terrorism”, “domestic terror attacks “.

July 27 The emails of Allen are forwarded to Senator Lois Wolk by email. The emails are also forwarded to Walter Barratt, Cliff Renfrew, Los Angeles Housing and Community Investment Department, HUD, and Los Angeles City Council President Herb Wesson.

July 27 The emails are forwarded online and by US first class mail to the Air Force Base.

September 25 Documents are received by the city LAHCID and it is repeated that Willie Allen has said there are terrorists in a Los Angeles residential apartment building.

Oct 4 The terrorist allegations of Allen are mentioned indirectly on an internet site and on Facebook

Oct 1-14 the terrorist allegations of Allen are mentioned in a weekly newspaper in the San Pedro California area.

Oct. 28 A public hearing is held regarding the September 25 city document held by the city of Los Angeles. The meeting is attended by a tenant familiar with Allen, government officials Andre L. Brown, Charles Garcia, and Allen acquaintance Cliff Renfrew. Renfrew and Brown agree to limit the testimony of the tenant and the terrorism allegations are never addressed.

November 8 The terrorist allegations are indirectly mentioned to a Los Angeles County Public Health Environmental Department inspector.

Nov 13 Andre L. Brown issues a written report of the Oct. 28 hearing that is eleven pages long. There is no mention of the terrorism allegations.

Dec 1 Cliff Renfrew has had contact with the LA County environmental health inspector. He tells a tenant in the building ,related to the contact with the inspector, “we are coming to the end here”. Renfrew never explains what that means.

Dec 2 The San Bernardino massacre occurs, killing many at a meeting of County Environmental Health employees.

Updated September 19 2016

Los Angeles, California officials say Black tenant treated as “Nigger” not entitled to full and equal housing privileges. Select tenants are named. United States Central District Court case CV16-03236 JLS. 

Attorneys for the defendants are ATTORNEY FOR COUNTY OF LOS ANGELES, AND ALAN CHEN Renee E Jensen     lduarte@fwhb.com, rjensen@fwhb.com; ATTORNEY FOR WILLIAMS REAL ESTATE ADVISORS, Inc. Thomas L Watters     twatters@hartwattersandcarter.com;  ATTORNEY FOR STATE OF CALIFORNIA Martin Ageson     martin.ageson@doj.ca.gov, marsha.petty@doj.ca.gov; ATTORNEY FOR CITY OF LOS ANGELES, CHARLES GARCIA, BARBARA BRASCIA, RICHARD BRINSON, ARMIDA-OLGUIN FLORES Robert P Moore     robert.p.moore@lacity.org, julie.martinez@lacity.org; ATTORNEY FOR HI POINT APTS, LLC, WALTER BARRATT, CLIFF RENFREW Jared A Barry     jared@barrylawgroup.com   [UPDATED SEPT. 19, 2016]

Lawsuit Against Hi Point Apts, LLC et al.

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3 Responses to Appeal of the THP

  1. Hi I’ve recently been affected by a decsion making from Andre L. Brown, Informal Hearing Officer which was made on Dec. 07, 2015 basisi on my Shelter Plus Care Housing Voucher Termination , determination is basis on preponderance of the evidence, not evidence “beyond a reasonable doubt” and is subject to judicial review in accordance with Calif. Code of Civil Procedure 1094.5. Can you help with some resources, so I may Appeal decsion, with Petition – Writ of Mandate.

    Thank you

    Like

    • There is also an appeal process within the Housing Dept which they say is not mandatory. But see California Government code 815.6 which makes the city liable if they do not take “reasonable” efforts. You may need a lawyer to help with a writ of mandate; but for research purposes any law library will have the format for the writ or you can Google “petition writ of mandate” and may see examples that lawyers have filed. These days always Google before you step out that door to do research. Also research temporary restraining orders. Thanks for watching.

      Like

    • Google for Petition for writ on line. If I had the resources I would rather just sue him outright. I do not trust writs of mandates and watch the very short time frames. See this site also http://wp.me/P6ztbL-K.

      Like

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