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The tenant for life ordinance.
As told to the Los Angeles City government August 2019.
Communications with city employees
Denial of housing services
* The intercom system unit 9 and outside the building is unusable. The intercom needs repair
* Unit 9 tenants are still being denied a tandem parking stall
* The back interior stairs remain unstable and need repair as they are dangerous wobble when walking on them
[Editor: This email has been redacted]
Subject: City Los Angeles Employees Deny Blacks Fair Housing- General Concerns re Talk with city employee Angelo Shannon
From: [tenant name and email redacted]
To: hcidla.rso.central@lacity.org; info@da.lacounty.gov; walter.barratt@gmail.com; matt@WilliamsREA.com; welcomehome@williamsrea.com; maintenance@williamsrea.com; amozannar@gmail.com; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; bryan.kirkness@lacity.org; james.blythe@lacity.org; robert.galardi@lacity.org; angelo.shannon@lacity.org; karen.baggio@lacity.org; mayor.garcetti@lacity.org;
Cc: naacpla@sbcglobal.net;
Date: Sunday, July 23, 2017 9:14 PM
City Los Angeles Employees Deny Blacks Fair Housing
TO:
Alan Yochelson
Ali Mozannar *
Angelo Shannon Arthur Belis
Bryan Kirkness
Byron Fuentes Charles Garcia Christine Ritsky [Cynthia Ogan *]
Daniel Williams
David Burkhead
David V. Gomez
David Whitehurst
Denton Lorenzo
Derrick Spencer
Donald Matt Williams *
Edward Zavala
Filipo *
Frank Bush
Gail Owsley
Gary Eshay
Gregory Pomish
Ian Yeom
Ifa Kashefi
Jade Beck *
James Blythe
Jeffrey Fulton
Jennifer Montana
John Weight
Karen Baggio
Ken Gill
LADBS
Lee Smith
Manuel Hernandez
Martin Hurtado
Mayor Eric Garcetti
Michael Alvarez
Michael Kuhn
Michael Soto
Noel Ramirez [gave final approval to intercom replacement for select tenants and excluding Black tenants]
Presiliano Sandoval
Raymond Chan
Richard Garcia
Richard Schindler
Robert Aldape
Robert Galardi
Rushmore Cervantes
Steve Davey
Steve Ongle
Walter Barratt *
HCIDLA
[It would probably take only ONE employee to give the order to fix the intercoms of Blacks——[whites already have them]—- but it takes these many Whites to deny Blacks Fair Housing. These are the whites who approved the intercoms given to White tenants but DENIED to over TEN Black tenants. The list is growing. These are employees who have actual and constructive knowledge of and control of denial fair housing since 2014 to Black tenants at Hi Point Apts 90035] [* Agents of city rent control building owner Hi Point Apts LLC, but not city employees]
Unruh Civil Rights Act
[Personal rights] “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
Housing Services and Illegal Rent
LAMC RAC regulations:
410.03 A tenant rents an apartment with the appurtenant housing services available at the time of renting the apartment. Landlords who reduce housing services without a corresponding reduction in rent effectuate an increase in rent. The purpose of these regulations is to guide the Los Angeles Housing Department in its evaluation of a corresponding reasonable reduction in rent.
410.04 Housing services are services that are 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. The term also includes the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities. (LAMC Sec. 151.02, Definition of Housing Services).
CIVIL CODE 3479 – Nuisance
”Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. ”
Landlord Cannot Demand Rent
CCC Section 1942.4. (a) A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to subdivision (2) of Section 1161 of the Code of Civil Procedure, if all of the following conditions exist prior to the landlord’s demand [or notice:]
Health and Safety Code 17920.3
“Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: “
(a) Inadequate sanitation shall include, but not be limited to, the following:
(14) General dilapidation or improper maintenance.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
Retaliation and Agent Liability
CCC Section 1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.
Housing Services and Illegal Rent
Los Angeles Municipal Code RAC regulations:
410.03 A tenant rents an apartment with the appurtenant housing services available at the time of renting the apartment. Landlords who reduce housing services without a corresponding reduction in rent effectuate an increase in rent. The purpose of these regulations is to guide the Los Angeles Housing Department in its evaluation of a corresponding reasonable reduction in rent.
“410.04 Housing services are services that are 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. The term also includes the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities. (LAMC Sec. 151.02, Definition of Housing Services).”
HEALTH AND SAFETY CODE
SECTION 17920-17928
17920. (e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
1. This email is based on the words of city inspector Angelo Shannon of July 19, 2017.
2. Shannon claimed the “intercom” was added at a later time. As the building was built in 1973, on what date was the intercom system added?
3. Shannon claimed the intercom was added as an “amenity”. The definition of such by Meriam Webster states, “something that helps to provide comfort, convenience, or enjoyment; hotels with modern amenities providing residents with the basic amenities”. Basic amenities is defined as “things considered to be essential to make life easier and more pleasant. The government intends to provide the isolated town with basic amenities, such as roads, running water, and electricity.” Thus amenity is defined as services like water and electricity which are considered “housing services”. Thus Shannon has defined the “intercom” as a housing service and stated the city code enforcement’s awareness of such.
4. LAMC RAC regulation 410.04 (above) describes the “intercom” as a housing service (“including but not limited to”) because it is for the use or occupancy of the unit 9 and tenants and is “any other benefit, privilege, or facility.”
5. Shannon is aware of the definition of the intercom because he quotes a previous decision of the rent stabilization department regarding the intercom. Shannon is aware that certain tenants have the benefit and privilege or a working intercom while other tenants, like tenants unit 9, do not.
6. The intercom is for the use and occupancy of tenants in unit 9.
7. Shannon’s states the “intercom” was not “operable” at the times of my tenancy. This has been previously disputed by the declaration of myself and the rental agreement which states that at the time of tenancy all was in good working order. The city’s claim the intercom was inoperable is false, biased, and self serving.
8. Since Shannon says no repair or replacement was made to the intercom in 2010, therefore, Shannon has admitted that repair, replacement, and maintenance were denied to tenant’s unit 9, thus entitling tenants to a rent reduction. The rent reduction does not exclude tenants from seeking damages under other theories of law.
9. Repair, or replacement, and maintenance is a service that is connected with the use or occupancy of rental unit 9. Such services have been denied to tenants unit 9, based on the words of Angelo Shannon.
10. You have failed to establish a non-discriminatory reason for the city’s unlawful participation in denial of housing services repair or replacement, and reduction of maintenance of the intercom, such services that were available [present] at the time of tenant’s 2010 rental of the unit.
11. The intercom was available [present] at the time tenants 9 assumed occupancy of the unit in 2010.
12. The intercom was available [present] at the time the current property owner purchased the property in 2014.
13. At the time of the current property owner purchased the property, repair or replacement, and maintenance were housing services for the use of the tenants unit 9.
14. The ruling quoted by Shannon violates the provisions of the State of California Constitution and violates the provisions of Civil Code section 51 and 52 that state the mandatory duty of local government not to unlawfully practice housing discrimination.
15. The words of Shannon constitutes intimidation made unlawful by 42 USC section 3617.
16. Since Shannon admits that at some time prior to 2014, the city employees knew that the intercom was not fully operational, what attempts were made by city officials to assure Black tenants at 1522 Hi Point St received repair or replacement, and maintenance and, rent reduction, to the intercoms?
17. What accounts for the animus of city LADBS employees towards Black tenants?
18. On what date was the intercom at 1522 Hi Point St first operational?
19. On what date did city employees provide written notice to tenants at 1522 Hi Point St that the intercom system was not working and that they were entitled to a rent reduction?
20. If the city knew at some point as Shannon says that the intercom system was not fully operational, why did the city LADBS not cite the owner for “unsanitary conditions of general dilapidation and improper maintenance?
21. I have not seen any code enforcement rulings prior to 2010 or SCEP reports prior to 2010 that indicate the intercom system was non-operational. If you have copies of such reports, please forward them to me under the Public Records Act request which you only have ten days to respond to.
22. City employees as noted herein have failed to comply with State Health and Safety code section 17920(a) and have violated the State of California mandatory provision against unlawful discrimination and prohibited/defined under CC sections 51 and 52, and GC 12955(a(f)(g) (unlawful to aid, abet, incite, compel, or coerce), 12955.7, 12955.8.
23. Based on the words of Shannon, city employees have failed to comply with HEALTH AND SAFETY CODE SECTION 17920. (e) as quoted above.
In this year 2017 [the year of the Antichrist] how do I as a black American in Los Angeles California in the United States of America in a city rent controlled building get repair and replacement and maintenance to my intercom that suffers, as defined by the California health and safety code, general dilapidation and improper maintenance and is a nuisance? When does Eric Garcetti, and council, et al intend to provide full and equal housing services and privileges to all Los Angeles Black Americans?
All rights reserved. This communication to public officials may be posted to the worldwide web, in the Public Interest.
[Tenant name and phone redacted]
A Black American
1522 Hi Point St
Los Angeles CA 90035
CC: The office of the Los Angeles County District Attorney, in order to protect my peaceable enjoyment and “peaceable exercise or enjoyment of the right or rights secured” at the 1522 Hi Point St address, is requested to bring action against the persons named in the “to” section above, and award me $25,000 civil penalty, under the authority of Civil Code section 52.1 (a) which reads: “If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated.”
City Employees Admit City Racism and Corruption
City Government program THP says you CANNOT trust these people. Vote No on C.
LA Rent Control (RAC) and Permits (LADBS) 