Communications with Los Angeles County Health Department

 

Update April 23 2016

Welcome and as seen at 1522 Hi Point St 90035 and as told to Los Angeles County Board of Supervisors and County Public Health Department Alan Chen on April 23 2016:

Pictures: (1) wood underneath a car in the parking lot (2) ladder up against a car in the parking lot (3) a dilapidated vehicle with three flat tires that can be seen from the street, on the property for over a year (4) Trash overflowing  rear of property (5) trash can kept in front of the property to dump dog feces,  and seen from the street. [Editor note: (1) material like ladders and wood in plain site are not only unsightly but also can attract thieves which can put all tenants at the risk of injury (2) same for the non-operating vehicle, a privilege granted to a white tenant, while a Black tenant with a working vehicle is prohibited from parking in the lot at all. (3) Ads say “small dogs” allowed with a pet deposit, but there are plenty of large dogs on the property running thru the building without being on a leash. Come on down!]

The internet ads say the property is managed by Williams Real Estate Advisors of Santa Monica at 310.987.7978. [Editor: Watch out for that real estate bait and switch! Also see the Yelp review if it is still posted.]

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.

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.

“Institutionalized, intractable racism”

[Editor note: Tenants have asked me are the complaints against Hi Point Apts LLC real. Yes, there are real complaints received by the federal HUD, state DFEH, city HCIDLA, as well as damage claims with the city government. All of these documents are public record. As is usually the case against institutionalized, intractable racism, these things usually wind themselves into the courts. That’s supposed to be the civilized way to handle things.]

Click to see the old Intercom at 1522 Hi Point St

Click for Youtube Video on Hi Point Apts

Updated December 17 2015

[redacted]

1522 S HI POINT ST APT 9- My Rebuttal Further to your December 17 Email and Your Support of the Slum Landlord

From: [tenant name redacted]
Sent: Thu 12/17/15 11:15 PM

To: Alan Chen (alchen@ph.lacounty.gov)
Cc: Rep. Karen Bass (113-ca37kb.inbox@mail.house.gov); Rep. Karen Bass (web-112- ca33@mail.house.gov); councilmember.wesson@lacity.org (councilmember.wesson@lacity.org); Charles Floyd (thefirstjew@yahoo.com); Ambassador Charles Linder Floyd (thekushite@gmail.com); RSO Contact (hcidla.rso.central@lacity.org); Cliff Renfrew (cliffrenfrew@gmail.com); Fair Housing Doj (fairhousing@usdoj.gov); Lorrie Sakauchi Hi Point Apts LLC Manager (misswholefoods@aol.com); Agent Walter Barratt Hi Point Apts LLC (walter.barratt@gmail.com); LAHD RSO (hcidla.rso@lacity.org); Da Lacounty Info (info@da.lacounty.gov); Leila Ajalova (lajalova@ph.lacounty.gov); Larry Galstian (larry.galstian@lacity.org); David Green LAHCID (david.greene@lacity.org); Charles Garcia (charles.v.garcia@lacity.org); Jeff Paxton (jeff.paxton@lacity.org); steve.davey@lacity.org (steve.davey@lacity.org); Rodney Arias (rodney.arias@lacity.org); deron.williams@lacity.org (deron.williams@lacity.org); raymond.chan@lacity.org (raymond.chan@lacity.org); David Casian (david.casian@lacity.org); mayor.garcetti@lacity.org (mayor.garcetti@lacity.org)

Dear LA County Public Health Department et al:

You wrote on December 17 2015:

“After speaking with my supervisor, the decision is that the intercom is not in our jurisdiction because of the letter from LA City Housing and Community Investment Department. The intercom was not a service provided to you at inception of tenancy.” Therefore, I cannot enforce it.”

Sincerely,

Alan Chen, MPH, REHS

Los Angeles County Department of Public Health Environmental Health / Brentwood District

3530 Wilshire Boulevard, 9th Floor Los Angeles, CA 90010

Office: 213-351-7896
Desk: 213-351-7993
Fax: 213-351-2736
Email:
alchen@ph.lacounty.gov
LA County Department of Public Health

[Tenant Rebuttal]

“intractable and institutionalized pattern and practice of racial discrimination and retaliation”

Since the intercom would presumably take less than 2 hours to fix since the front of building main box and wiring are already in place, [eighteen months have passed since the owner knew repairs were needed] ; the county government action is not about the intercom but about the primary motivation of the plantation owner and city government alliance to deprive me as a Black DNA Kushite Male of a housing service under the city government’s intractable and institutionalized pattern and practice of racial discrimination and retaliation against me.

Your statement December 17 “The Intercom was not a service provided to you at inception of tenancy” is not a legal or valid reason for your failure to order the owner to make repairs, and is thus not acceptable as a resolution.

Your email collaboration with your supervisors incorrectly supports the pattern and practice that you feel you have the authority to deny your enforcement obligations under Health and Safety code 17920.3 “Substandard Housing” and Civil Code 1941.1. Your position is that the owner of the property does not have to comply with H & S code 17920.3 because that is what you feel the city government said. I disagree.

42 U.S.C SECTION 1983 the Ku Klux Klan Act

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.”

“The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction ‘the equal protection of the laws’.”

The Unruh Act

“Under the Unruh Civil Rights Act, all persons are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including both private and public entities. The Unruh Civil Rights Act protects all persons against arbitrary and unreasonable discrimination by a business establishment (Civil Code section 51).”

Los Angeles RAC regulation 410 [redacted]:

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 [illegal] increase in rent. “


“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).” [Emphasis added]

As you probably notice, under applicable federal, state, and local law above, there is no mention of “The Intercom was not a service provided to you at inception of tenancy” ; so there is no legal authority to support this statement by the city or the county. Quite the contrary. There is no prerequisite of this nature under any of the laws and regulations quoted herein.

Attached is my email rebuttal to the city November 24 decision which you quoted. As you can also see, the Nov 24 decision was regards an “illegal rent increase and reduction of services” complaint. It is not per se a decision on the habitability of the building/unit nor is it a ruling on the H & S code herein; since that decision was not about code enforcement provisions directly, it would be improper for you to attach authority to that decision, such authority that the decision does not arise from. In plain comprehensible English, there is nothing in the November 24 2015 letter you quote that would deprive you under GC 815.6 of jurisdiction over the Health and Safety Code and the fact the intercom wiring is not in working order and has not been maintained. You are the witness to this since you inspected the intercom.

MY COMPLAINTS TO THE COUNTY

My previous complaints to the county about this property include mold, bed bugs, no THP’s, no environmental impact report, no asbestos report, no lead report, and lack of working intercom.

Somewhere around November 2015, county supervised repairs were made to the bathroom unit #9 [plumbing leak ] . As regards the intercom, Mr. Chen had closed the complaint about December 10. But on December 11 he reopened the case by email and required the owner to repair, replace, or remove the intercom by January 13 2015. I protested the “remove” condition. December 17 2015, Mr. Chen flip flopped as stated above and claimed lack of jurisdiction.

THE RENTAL AGREEMENT

The rental agreement page 7 provides under maintenance, repairs and alterations: “Resident shall advise Landlord, in writing, of any items requiring repair.” Thus as tenant, this email is further notice to the owner and resident manager supplied email that the intercom is an item needing repair.

The rental agreement page 3 states “Good Condition Receipt. Renter has examined the premises including but not limited to, the furniture, furnishings, fixtures, appliances and equipment provided by Owner ….windows, doors, plumbing, electrical facilities…accepts the same AS IS and….the same are in good, clean,and sanitary order, condition and repair unless noted to the contrary…”.

Thus the intercom was provided at the inception of the tenancy and in good condition and repair; the intercom was and is required to be in good working order and repair. The current owner assumed the provisions of this rental agreement upon purchase of the building, and he assumed legal responsibility for repairs and maintenance of the unit 9 et al. The evidence shows further as Mr. Chen has admitted that the owner was aware the intercom system faults needed repair at the time he purchased the building April 2014 and assumed the rental agreement with apt 9; the county has admitted to having access to letters from tenants [former] Marilyn and Tyler that attest the building included an intercom system proper to year 2010 and prior to the current owner’s purchase. The city November 19 [mailed Nov 24] decision admits that the intercom since 2006 needed repair, thus it was a “housing service” as defined under RAC section 410 et al. The intercom has been proven to be a housing service for 1522 Hi Point St as defined under city RAC section 410 herein.

CONCLUSION

There is nothing in the applicable laws and regulations quoted herein that give the owner, city or county government, the authority to ignore the California Health and Safety codes and ignore the intercom maintenance to my unit, and possibly three other units I believe, as also habitability concerns.

Please give me the required 24 hour written notice and have the Intercom repaired or replaced without further delay. All rights reserved.

[tenant name and address redacted]

I am prepared to wait for my answer until hell freezes over, if that’s your decision.” Adlai Stevenson

Have you no sense of decency sir, at long last? Have you left no sense of decency?” Joseph N. Welch

“Never give in, never give in, never, never, never, never—in nothing, great or small, large or petty—never give in except to convictions of honor and good sense.” Winston Churchill

Re: 1522 S Hi Point Ave #9

From: [tenant name and email redacted]
Sent: Thu 12/17/15 
To: Alan Chen (AlChen@ph.lacounty.gov); Cliff Renfrew (cliffrenfrew@gmail.com); WALTER.BARRATT@GMAIL.COM (WALTER.BARRATT@GMAIL.COM); LAHD RSO (hcidla.rso@lacity.org); LAHD RSO (lahd.rso@lacity.org)
Cc: Charles Floyd (thefirstjew@yahoo.com); Ambassador Charles Linder Floyd (thekushite@gmail.com); Larry Galstian (larry.galstian@lacity.org); Da Lacounty Info (info@da.lacounty.gov); sylvia.lacy@lacity.org (sylvia.lacy@lacity.org); mayor.garcetti@lacity.org (mayor.garcetti@lacity.org); Charles Garcia (charles.v.garcia@lacity.org); councilmember.wesson@lacity.org (councilmember.wesson@lacity.org); Justice Department (askdoj@usdoj.gov)

Dear LA County Board of Supervisors/Public Health:

1. You obviously came out to the 1522 Hi Point St address because under the state California Health and Safety code and other state laws you had jurisdiction to address the water leak in the bathroom and the pipes in the walls. While those items may not be specifically mentioned in the rental agreement of 2010, the rental agreement makes mention of “including but not limited to” which means all things in the apartment but not necessarily mentioned in the agreement but are still a part of the apartment unit. The same jurisdiction that allows you to order the owner to fix the holes in the walls is the same jurisdiction that gives you authority to order them to fix the intercom, absent an abuse of your authority under GC 815.6.

2. What does it take for a Black American to get apartment intercom service in the county and city of Los Angeles?
3. The decision you cling to from the LAHCID is a city government decision made by members of the Ku Klux Klan. The intercom was obviously a service provided at the inception of the tenancy. In fact there is nothing in the state health and safety code that says the intercom has to have been provided at the inception of the tenancy in order for you to enforce the state health and safety code. You admitted to me the letters from tenants Tyler and Marilyn that indicated the intercom was in the apartment when they moved in. You also have evidence that the current owner by his April 2014 note admitted that his maintenance was inspecting the intercoms, proof positive that the intercom existed in the apartment at the inception of my tenancy with the current owners in April 2014.
4. If your mother and father were Black, Mr. Chen, and they were tenants in the building, would you want them to have a working intercom?
5. What is the county board of supervisor reason for supporting the KKK decision of the LAHCID and Mayor Eric Garcetti?

6. The LAHCID [ Los Angeles ] municipal code makes it very clear that a housing service is also one due to non-maintenance; since you inspected the intercom and know it is not working, whether it was there at the inception of the tenancy is irrelevant; what is relevant is that under the LAMC and the state health and safety code, of which you have jurisdiction unless you plan to shut down your agency today, the building is uninhabitable because KKK Hi Point Apts LAHCID LA County Public Health LADBS refuse to assure that all wiring is in working order per the state Health and Safety code. 7. White tenants in the building have a working intercom; as a Black Kushite DNA Male I am refused a working intercom. Do you understand English Mr. Chen since it is you who said that auto gasoline engines do not emit carbon monoxide? Do you comprehend the meaning of the Unruh Act and the Equal Protection laws of the United States Constitution? My rights to the intercom arise not only under the 2010 rental agreement, and the renewal of that agreement under Walter Barratt in 2014 and under the city rent control laws, those rights arise under the current State Health and Safety code which you state government officials have taken an oath to enforce.

8. Will the County Board of Supervisors withstand a request for injunction to halt all federal funds to the county government of Los Angeles county?

9. Your email herein in not acceptable as a resolution to the damages that have occurred to me. All rights reserved. Please have the intercom fixed today without further racist excuses.

[tenant name redacted]

On Tuesday, December 15, 2015 3:39 PM, Alan Chen <AlChen@ph.lacounty.gov> wrote:

Mr. [tenant] ,

After speaking with my supervisor, the decision is that the intercom is not in our jurisdiction because of the letter from LA City Housing and Community Investment Department. “The intercom was not a service provided to you at inception of tenancy.” Therefore, I cannot enforce it.

Sincerely,

Alan Chen, MPH, REHS

Los Angeles County Department of Public Health Environmental Health / Brentwood District
3530 Wilshire Boulevard, 9th Floor
Los Angeles, CA 90010

Office: 213-351-7896
Desk: 213-351-7993
Fax: 213-351-2736
Email: alchen@ph.lacounty.gov

Updated December 12 2015

Re: 1522 S Hi Point Ave #9

From: [tenant name redacted]
Sent: Sat 12/12/15
To: Alan Chen (AlChen@ph.lacounty.gov); Cliff Renfrew (cliffrenfrew@gmail.com); WALTER.BARRATT@GMAIL.COM (WALTER.BARRATT@GMAIL.COM) Cc: Charles Floyd (thefirstjew@yahoo.com); Ambassador Charles Linder Floyd (thekushite@gmail.com); councilmember.wesson@lacity.org (councilmember.wesson@lacity.org); Lorrie Manager Sakauchi (misswholefoods@aol.com)

To LA County Public Health re breach of warranty of habitability/no rents can be collected:

In further response to your email notice to the property owner re 1522 Hi Point St Intercoms:

1. Your email does not address government protection to tenants apt 5, 15, and 8 who are also without the use of a working intercom. I don’t believe you have the authority to ignore those tenants’ lack of working intercom.*

2. You have given the owner the option of removing the intercom. What federal, state, local law or adminsitrative decision gives you the authority to say he can remove the intercom?

3. When you say “remove” the intercom, are you speaking of removing it from apt nine, or are you speaking of removing the intercom system from the entire building?

4. I disagree with you unfairly granting the owner an extension of time from January 4 to January 13, 2016. The owner has had more than enough time to address the intercom, as his notice of intercom problems of April 2014 was over 17 months ago.

If the owner elects to remove the intercom rather than replace or repair, I reserve the right to file a complaint for breach of the agreement; breach of the warranty of habitability; and violation of quiet enjoyment.

The owner is requested to respond in writing by non-electronic means. All rights reserved.

[tenant]

Ham-Kushite-DNA-Black

ref. *California Civil Code 815.6; the Equal Protection Clause of the US Constitution; the Unruh Act

On Friday, December 11, 2015 8:54 AM, Alan Chen <AlChen@ph.lacounty.gov> wrote:

Mr. Renfrew and Mr. [tenant]:

After further review with my supervisor, I have reopened the case. My concern is only with the non- working intercom in unit 9.

The compliance deadline was 3 weeks. However, after speaking with the management, I have granted a time extension. The new compliance deadline is January 13, 2015.

As a reminder, the management has 3 options to remedy the problem: repair, replace, remove. Provide a minimum 24 hour notice to the tenant before performing the work.

Sincerely,

Alan Chen, MPH, REHS

Los Angeles County Department of Public Health Environmental Health / Brentwood District
3530 Wilshire Boulevard, 9th Floor
Los Angeles, CA 90010

Office: 213-351-7896
Desk: 213-351-7993
Fax: 213-351-2736
Email:
alchen@ph.lacounty.gov http://www.ph.lacounty.gov/eh

Update December 10 2015

[editor note: Los Angeles County Public Health Inspector came out and witnessed the non-working intercom and heard complaints of carbon monoxide gas, bed bugs, non-permitted sprinkler motor, non-permitted call outs, and previously no THP’s,  no mold inspection, no environmental impact report, no asbestos report, no lead report. So he closed the case. But within a day or so he mysteriously opened the case as regards he intercom and ordered the owner to repair, replace, or remove the intercom by January 13 2016. [There are monetary damages attached to a lack of working intercom .Could be double or treble damages wth punitive damages attached. Could be $60-120 per month damages.] Within a few days, Chen reversed himself again and said he did not have jurisdiction. The author wonders is there any white inspector in the County of Los Angeles who has jurisdiction over a Black Man’s complaint about a damn intercom? None dare call it conspiracy.]

[redacted]

Re 1522 Hi Point St Intercom

From: [tenant name redacted] 

Sent: Thu 12/10/15
To: Alan Chen (alchen@ph.lacounty.gov)

Mr. Chen:

As for the decision that you have from housing, it is a decision regarding the failure to provide a rent reduction. I don’t believe that is a decision from Los Angeles code enforcement nor would it be in compliance with the provisions of the state Health and Safety code.

Last, I believe the decision from housing for purposes of rent reduction, makes the assumption that because the intercom is not specifically mentioned in the rent agreement 2010 that would be their basis for saying the intercom was not in the unit; but as I addressed to them, the bathtub and bathroom sink are also not specifically in the rental agreement but they are still part of the unit for the use of the tenant. I also noted to them that the rental agreement verifies that at the inception of the tenancy in 2010 that everything in the unit was in good working condition.

Last, what happened in 2010 does not change that the current state is that the owner is aware each unit has an intercom, and that he has actual and constructive knowledge that the intercom needs to be maintained …in four apts including mine. I consider such decision by the city government of Los Angeles re the intercom to not be in compliance with the requirements of the state Health and Safety code.

The owner has previously admitted in writing to the city LAHCID that he has accepted responsibility for the maintenance of the intercom system for 14 other units thus for the entire building; The city granted him a capital improvements rent increase around Feb 2015 which the owner supplied pictures of the door entry system which includes the intercoms, and he supplied pictures of the intercom unit. He thus by his actions of replacement admitted that the old intercom was there when he took over the building, and certainly there at the inception of my tenancy with him as new owner.

[tenant name redacted]

Wed 10/21/15 7:51 PM

“I question the retaliatory tone of your email.”

[This email has been redacted]

To: lajalova@ph.lacounty.gov (lajalova@ph.lacounty.gov)

Dear Environmental Health LA County

3530 Wilshire Blvd 9th Floor

Los Angeles CA 90010

Attention Leila Ajalova, Rehs

Re: HABITABILITY and RETALIATION BY A GOVT EMPLOYEE

You wrote on Oct. 21:

“Good morning Mr. [tenant name redacted]. Mr. Barratt  [property owner] informed me regarding TPH plan that was approved by LAHD. As you know TPH plan allows owner of the building to temporary relocate the tenant (in another apt in the same building) so the owner can get access and re-plumb your apt. Please note that if there will be lack of cooperation from your behalf I will have to dismiss the complaint.Thank you.”

I respond:

I question the retaliatory tone of your email. I was simply exercising my right to complain of an uninhabitable condition of a water leak and possible mold infestation, rights that I am guaranteed to be able to exercise without retaliation. If there is water leaking in any apartment that I am temporarily relocated to, or a mold problem, I have the duty and right under law to report that to you also.

Even though I mentioned the possibility of the THP to you, that does not relieve the owner or the county of the duty to address water leak related mold problems as soon as they are reported. If you have a problem with this, please contact your supervisor about the retaliation laws and health and safety code.

You mention the THP and I am well aware of how it works. FYI the repairs are not set to start until  November 20 2015. That is of course unless the owner withdraws the THP which he has done in the past. Whether he moves forward with the THP or not does not relief him of his responsibility to make sure the unit is habitable as in no leaks and no holes in the walls, etc. I even took off work at my own expense on Oct 20 since there had been numerous leaks, to offer my assistance to make sure the repairs were done. Other than racial discrimination and retaliation on your part, why do you feel I was not cooperating? No one blocked the owner or his agents from entering the unit; what is your reason for saying I was not cooperating or implying that I might not cooperate?

Pursuant to an OPRA request, please forward me a copy of what was sent to Walter Barratt/Hi Point Apts LLC by your agency in this regard. You yourself said mold was growing in the walls since there was air openings like the one still in the ceiling today so do I have to wait until November 20 for the hole in the ceiling above the tub to be addressed? If your family lived in this building, is this what they would be subjected to? I understand mold forms within 24-48 hours of the water leak.

“Other than racial discrimination and retaliation on your part, why do you feel I was not cooperating?”

I don’t see that calling you out to investigate and me documenting as evidence is to be viewed as “lack of cooperation” on my part. If you feel I am not cooperating with the owner or yourself, you let me know right away. FYI the THP faces an appeal hearing on Oct 26 at LAHCID and I ask that you attend at 2:00 pm to explain your retaliation against me using the THP appeal process. [Editor note: Date has been changed to October 28, 2015 at 2:00 p.m. at 1200 West 7th Street, Los Angeles CA 1st floor.]

I can call you on the phone if that is better for you to explain your retaliatory and unprofessional attitude because I filed a complaint with your agency.

[ Tenant at 1522 Hi Point St. Name redacted ]

October 20, 2015

Dear LA County Ms. Ajalova:

Regarding the leak that occurred today, a plumber arrived about 1:00 pm to address it so it seems to have stopped leaking. I suspect all the banging above us in apt 18 helped loosen up old pipes in the walls of our apartment #9. [Editor note: actually the pipes were outside the apartment in the hallway.]

I have added about twelve more pictures to the link previously provided so now you have pics of the inside of the hallway wall. Of course this is a different leak from the one leaking thru the ceiling I believe. You can also see the opening where water was coming thru the wall.

Here is the link again.

Pics of mold causing water leaks

[From tenant at 1522 Hi Point St. Name redacted. This series of emails started after there had been about four water leaks into an apartment. It appeared the water ceiling leaks were coming from primary renovation from an apt above.  After reporting the leaks to the owner, the plumber came out and the leak occurred again and again to total four. No effort was made by the owner to dry out the inside of the walls or check for mold over a two week period. The public health department was called out to address the mold and did  make an inspection observing that holes in the walls needed to be closed. The very next day another leak occurred into the bottom apartment but from a pipe in the hallway.]

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.

Update Oct 22 2015

[Redacted from email to Los Angeles County Health Department]

Dear Public Health Dept/Attention Leila Ajalova, Rehs:

Since you mentioned the THP process, please investigate and let me know your findings why out of 18 apartments, minus five that were vacant, why our apt 9 is the only tenant served with a THP.

For apartments 5, 8, 15, 18, 10, 1, 6, 11 there are

No THP’s
No mold inspection
No environmental impact report No asbestos report
No lead report

Please investigate and let me know your findings.
If you need access to the building contact the owner.

[Tenant]

Update November 15 2015

[Redacted]

Dear Public Health Dept/Attention Leila Ajalova, Rehs:

I remind you that our intercom linking the apartment to the outside of the building remains unrepaired. It has been unrepaired since this owner took over in April 2014. Even though there is a THP in place, the owner has given no indication that the intercom will be part of the repairs. This has been reported to the Los Angeles code enforcement but they have not cited the owner. California Code 1941.1 and Health and Safety Code 17920.3 (a)(13) and H&S code 17920.3(d).

[Tenant]

Update November 17 2015

Dear Public Health Dept/Attention Leila Ajalova, Rehs:

I need a response from you as to the Nov 4 complaint, and as supplemented, re 1522 Hi Point St:

* carbon monoxide
* asbestos
* bed bugs
* non-working intercoms * lack of THPs

[Tenant]

Update December 22 2015

Voicemails accuse Los Angeles County Public Health Inspector Alan Chen of racism over denied housing services. 

Click here to hear the voicemails

Congressperson Karen Bass Asked to Support Tenants Rights After Owner Tells Black Tenant He has No Rights Under State Law. click link

Letters to Karen Bass

Update February 7 2016

City and Los Angeles County Officials Garcetti, Wesson, Rent Control, Justice Department, Raymond Chan, LADBS, Alan Chen Told of Housing Discrimination

[Editor: Redacted from email:]

Institutionalized Intractable Racism re Hi Point Apts LLC

From Tenant at 1522 Hi Point St

Mon 1/25/2016 10:10 PM‬

To:Alan Chen <alchen@ph.lacounty.gov>;

Cc:councilmember.wesson@lacity.org <councilmember.wesson@lacity.org>; 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>; Charles Garcia <charles.v.garcia@lacity.org>; David Greene <david.greene@lacity.org>; George Cerda <gcerda@dcba.lacounty.gov>; Da Lacounty Info <info@da.lacounty.gov>; mayor.garcetti@lacity.org <mayor.garcetti@lacity.org>; Larry Galstian <larry.galstian@lacity.org>; Leila Ajalova <lajalova@ph.lacounty.gov>; sylvia.lacy@lacity.org <sylvia.lacy@lacity.org>; raymond.chan@lacity.org <raymond.chan@lacity.org>; Jeff Paxton <jeff.paxton@lacity.org>; deron.williams@lacity.org <deron.williams@lacity.org>; Steve Ongele <steve.ongele@lacity.org>; Lincoln Lee <lincoln.lee@lacity.org>; Ifa Kashefi <ifa.kashefi@lacity.org>; David Casian <david.casian@lacity.org>; steve.davey@lacity.org <steve.davey@lacity.org>; giovani.dacumos@lacity.org <giovani.dacumos@lacity.org>;

This is about racism and retaliation

Dear Alan Chen and Los Angeles County Health Department/LAHD RSO/LA County Board of Supervisors:

My intercom, after 18 long tortious months, still remains un repaired. This is what you wrote to the property owner Hi Point Apts LLC on December 11, 2015:

“As a reminder, the management has 3 options to remedy the problem: repair, replace, remove. Provide a minimum 24 hour notice to the tenant before performing the work.” 

The intercom is still not repaired. I had questioned your authority to tell the owner to “remove” a housing service because that would tend to violate the Los Angeles municipal code that states that if a housing service is removed, the tenant must be compensated; with your decision, it seems you placed the county in the position of having to make the rent refund or reduction to me. As for your statement of December 11, it took me eleven seconds to read it out loud. Eleven seconds for you to perform your job duties.

The world realizes that you have since given up your authority and stated you act as an individual and said you have no authority as a county employee over intercoms at Hi Point Apts. I disagree with that. I am reading over the Palo Alto city form as regards “reductions in maintenance and services, habitability problems, and/or failure to provide maintenance and services required by law”. Palo Alto, a city of the State of California, quotes the Health and Safety code Section 17920.3 and notes that the City Building Inspector, Code Enforcement Officer, and County Environmental Health Inspector have authority to enforce section 17920.3 and notes that a “loss or reduced housing service” is a “broken or defective intercom” as a habitability problem, etc.

I assume Palo Alto is saying that the hundreds and thousands or code enforcement inspectors, et al, across the state of California, have this authority, but for some strange reason, you Alan Chen do not have that authority.

How long does it take you to say in your email “I am forwarding your email to my supervisor” (sic)? It takes about four seconds. Of course you have said it over and over again ad infinitum like a myna bird. But it still only takes a few seconds more of eleven seconds to say:

“As a reminder, the management has 3 options to remedy the problem: repair, replace, remove. Provide a minimum 24 hour notice to the tenant before performing the work.”

I need not remind you that the Los Angeles County Health Department as well as the LAHCID has law enforcement powers via the use of federal tax dollars.

For me, this is about the intercom. For you, it is obviously not about the intercom,  so your only motivating factor left is it is about racism and retaliation; don’t you agree?  Don’t those tenants who are white and Asian deserve to live in a building where the entire building is secure, not just part of the building? That is the simplicity of racism; it only takes one word or action to be racist. I mean, you could be a racist because you damn sure are not a county inspector. If not for racism and retaliation, what is your reason Alan Chen et al for not ordering the intercom(s) to be repaired? A child and a senior citizen are also at risk of injury or does your practice and policy not recognize their health and safety either?  

All rights reserved.

Tenant‬ 1522 Hi Point St‬ Los Angeles  CA   90035

c: Charles Garcia via email above

‪    David Greene LAHD code enforcement via email above

‪    Councilman Herb Wesson via email above

‪    George Cerda LA County DA Office

‪    LADBS

‪“I am prepared to wait for my answer until hell freezes over, if that’s your decision.” Adlai Stevenson

‪“Have you no sense of decency sir, at long last? Have you left no sense of decency?” Joseph N. Welch

“Never give in, never give in, never, never, never, never—in nothing, great or small, large or petty—never give in except to convictions of honor and good sense.” Winston Churchill

“If not for racism and retaliation, what is your reason Alan Chen et al for not ordering the ‪intercom(s) to be repaired?”

 [Editor: Redacted from email]

Updated February 22 2016

City and County employees who stand in the way of a Black Citizen getting fair housing; making racism work in Los Angeles

“Response to Letter from Le Taun J. Cotton at County of Los Angeles Public Health re Hi point Apts at 90035 and Liability by County under GC 815.6 for Lack of Health and Safety”

[from tenant name redacted]

Mon 2/22/2016 10:51 PM
To:phinfo@ph.lacounty.gov <phinfo@ph.lacounty.gov>; unwachuku@ph.lacounty.gov <unwachuku@ph.lacounty.gov>;

Cc: councilmember.wesson@lacity.org <councilmember.wesson@lacity.org>; Rep. Karen Bass <113‐ ca37kb.inbox@mail.house.gov>; Rep. Karen Bass <web‐112‐ca33@mail.house.gov>; Fair Housing Doj <fairhousing@usdoj.gov>; Hi Point Apts LLC Agent C. Renfrew <cliffrenfrew@gmail.com>; Alan Chen <alchen@ph.lacounty.gov>; RSO Contact <hcidla.rso.central@lacity.org>; Justice Department <askdoj@usdoj.gov>; Da Lacounty Info <info@da.lacounty.gov>; Larry Galstian <larry.galstian@lacity.org>; sylvia.lacy@lacity.org <sylvia.lacy@lacity.org>; David Green LAHCID <david.greene@lacity.org>; Leila Ajalova <lajalova@ph.lacounty.gov>; Charles Garcia <charles.v.garcia@lacity.org>; raymond.chan@lacity.org <raymond.chan@lacity.org>; lauren.lastrapes@mail.house.gov <lauren.lastrapes@mail.house.gov>; mayor.garcetti@lacity.org <mayor.garcetti@lacity.org>; deron.williams@lacity.org <deron.williams@lacity.org>; Lincoln Lee <lincoln.lee@lacity.org>; Ifa Kashefi <ifa.kashefi@lacity.org>; giovani.dacumos@lacity.org <giovani.dacumos@lacity.org>; David Casian <david.casian@lacity.org>; Karen Penera <karen.penera@lacity.org>; Rodney Arias <rodney.arias@lacity.org>; Alan Chen <alchen@ph.lacounty.gov>; Agent Walter Barratt Hi Point Apts LLC <walter.barratt@gmail.com>; Lorrie Sakauchi Hi Point Apts LLC Manager <misswholefoods@aol.com>

Mr. Cotton: Where are the THP’s?

To Whom It May Concern/Cotton via facsimile 626-813-3000

I wrote via email February 2 2016 at 10:38 PM:

“Intercom for my apt 9 remains un maintained and not working. I believe apt 5, 8, and 15 also have non-working intercoms. I believe the city SCEP inspector would have noted this if the city government did an SCEP inspection in 2014 of the property. Lack of health and safety.”

“In my interest as well as that of the Public, I filed city code enforcement case number HCIDLA 555278 around December 12 2015. The intercom has still not been repaired. ”

I wrote via email December 12 2015 at 2:06 p.m.:

1. Your email does not address government protection to tenants apt 5, 15, and 8 who

are also without the use of a working intercom. I don’t believe you have the authority to ignore those tenants’ lack of working intercom.*

I wrote via email December 17 2015 at 11:15 p.m.:

“Your email collaboration with your supervisors incorrectly supports the pattern and practice that you feel you have the authority to deny your enforcement obligations under Health and Safety code 17920.3 “Substandard Housing” and Civil Code 1941.1. Your position is that the owner of the property does not have to comply with H & S code 17920.3 because that is what you feel the city government said. I disagree. ”

I wrote via email December 17 2015 also:

“7. White tenants in the building have a working intercom; as a Black Kushite DNA Male I am refused a working intercom. Do you understand English Mr. Chen since it is you who said that auto gasoline engines do not emit carbon monoxide? Do you comprehend the meaning of the Unruh Act and the Equal Protection laws of the United States Constitution? My rights to the intercom arise not only under the 2010 rental agreement, and the renewal of that agreement under Walter Barratt in 2014 and under the city rent control laws, those rights arise under the current State Health and Safety code which you state government officials have taken an oath to enforce. ”

I wrote via email on November 8 2015 at 2:06 pm:

* Carbon monoxide fumes within 20 feet of the outside of the building

* Asbestos/lead testing not done and lack of safe work practices
* Bed bugs

I wrote on Oct 22 2015 at 7:05 p.m.:

“For apartments 5, 8, 15, 18, 10, 1, 6, 11 there are No THP’s
No mold inspection
No environmental impact report

No asbestos report
No lead report
Please investigate and let me know your findings.”

My further response to the Cotton February 11 letter:

1. The February 11 2016 letter from Cotton claims that he inspected apts 15 and 18 on February 10. Cotton does not indicate why he did not inspect my apartment #9 or apartment #5 or #8. He does not indicate was apt 18 inspected for mold and asbestos and lead or is there is an inspection report on file, which city employee Charles Garcia indicated there would not be one on file, unless Cotton is calling Garcia a liar. The tenants of apt 9 are both African American and do not have a working intercom. The tenants of apt 15 and 18 are African American/Asian and African American/White; do the tenants in apts 15 and 18 have a working intercom? If so, why do they have a working intercom and apartment 9 tenants do not?

2. “…rental agreements regarding units lacking a certificate of occupancy are unlawful, their enforcement by tenants is subject to the principles that we have explained.” Carter v Cohen. 188 Cal.App.4th 1038 (2010) 116 Cal. Rptr. 3d 303

3. Illegality
If a rental unit is illegal, under California case law, any lease of that unit is deemed an illegal contract and is automatically void. As a direct consequence, the landlord is not entitled to collect any rent. A dwelling is illegal if it is situated within a municipality that prohibits the use or occupation of a building without a Certificate of Occupancy and does not have a Certificate, or if it has a Certificate that does not precisely match the building in its current state. This might happen if, for example, the landlord subsequently carries out construction without the applicable permits.

Consequences

Landlords of illegal units can evict tenants who refuse to pay rent by taking the same action as landlords of compliant units. However, they cannot claim past due rent. In rent-controlled areas where the tenant is entitled to relocation assistance, the money remains due even if the property is illegal. The tenant can also file a claim against the landlord for the return of previously paid rent. The caveat is if the tenant is herself at equal fault, for example, because she knew about the requirement for a Certificate of Occupancy and was aware that the landlord didn’t have one when she signed the lease. http://homeguides.sfgate.com/can-lease-void-certificate- occupancy-not-present-86894.html

4. I request that the County within five days provide me with a copy of the CFO certificate of occupancy for Hi Point Apts, and/or any other city document that attests that the building meets all health and safety codes, the CFO as amended (sic).

5. The County has not met its enforcement obligations under Health and Safety code 17920.3 “Substandard Housing” and Civil Code 1941.1. GC section 815.6.

6. If apt 15 does not have a working intercom, then the building is uninhabitable. The intercom in apt 15 would be connected to the wiring that extends throughout the building.

7. The Cotton letter omits the status of the 1522 Hi Point St building permits prior to my complaints about the lack of permits.

8. While Cotton has the authority to resign his position for lack of due diligence, he does not have the authority to ignore the Los Angeles Municipal Code which mandates that no permits can issue without the required tenant habitability plan (“THP”). There is no THP for apt 18 therefore no permits should have issued thus no rent can be collected. The permits are illegal.

9. On Feb 10, during your inspection Mr. Cotton, did you perform your due diligence and inspect the intercom system in all apartments? If you did not inspect all intercoms on Feb. 10 the County Board of Supervisors is liable under GC 815.6. We can try to resolve this now or in front of a jury; which do you prefer Mr. Cotton?

10. The kitchen sink is a housing service made habitable by working plumbing. The intercom is a housing service made habitable by working electrical wiring. Don’t you agree? [untenantable]*

11. Certainly the city government Los Angeles recognizes the intercom as a housing service because they approved a $17.08 capital improvements rent which by photographic evidence presented to the city included the intercom service. I pay the $17.08 per month rent increase even though I do not have a working intercom and I am prohibited from using the parking lot gate to park my car; but I still have to pay the $17.08 increase.

12. City employee Charles Garcia has stated that out of about 13 apartment tenants who were entitled to the financial benefits of the THP process, only apt 9 has received the THP. Twelve tenants have not received the THP, nine are no longer tenants. What are you going to do about the tenants Mr Cotton, absent the illegal permits, that did not receive the THP? You don’t have the authority to ignore the THP Mr. Cotton.

13. If my mother lived in this building, or was an applicant, I am sure she would want a working intercom under the Health and Safety Code. I sure would like her to have a working intercom for the sake of safety. But you Mr Cotton would deny my mother a working intercom. Do you want to discuss it now or in front of a jury? What do you prefer?

14. Mr. Cotton has referred me to the LADBS, the same LADBS who has been for the most part unresponsive but racially discriminatory and insensitive.

15. Health and Safety Code 17960.The building department of every city or county shall enforce within its jurisdiction all the provisions published in the State Building Standards Code, the provisions of this part, and the other rules and regulations promulgated pursuant to the provisions of this part pertaining to the erection, construction, reconstruction, movement, enlargement, conversion, alteration, repair, removal, demolition, or arrangement of apartment houses, hotels, or dwellings.

17960.10. The building department,housingdepartment,or health department enforcing any of the provisions of this part may develop a list of public or publicly funded private agencies that finance or assist residential rehabilitation or repair activities for real property owners or renters.

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…”

* CCC Section 1941.1. (a) A dwelling shall be deemed untenantable
for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code….

16. I have briefly examined the permits for this building but have no completed my investigation. For the sake of apt 18 only, and not waiving any rights to ascertain proper permits for other units or the risk of injury to myself, the newest tenant moved into apt 18 around December 24 2015. As indicated in previous communications to city code enforcement, proper permits did not exist for apt 18. As the tenant moved in December 24, 2015, and the permits are now showing as final for February 1, Feb 2, and Feb 3, the tenant therefore moved into a unit that did not have the permits and certificate of occupancy until February 2016. Don’t you agree Mr. Cotton that the law has been violated here? In fact, around November 2015 I was told that apt 18 was ready for occupancy as told to the City government. This was also a knowing false representation since apt 18 did not become ready for occupancy until Feb 2016.

17. I supplied pictures to the county health of the mold inside my wall and that of the apt 18. Did you do a mold inspection on Feb 10? Did you order the owner to open up the wall in the hallway? What mold remediation was done after the circa October 2015 water damages?

18. The letter of Cotton appears to misquote my email of December 21 2015, re apt 15, which was entitled:

“Please investigate permits for apt 18 at 1522 Hi Point St – A Matter of Public Interest Health and Safety “[attached] excerpt here

“BLDG ALTER REPAIR PERMIT for apt 18
This permit shows “final” but “partial approval” on Oct 23 2015. Partial as regards the windows and kitchen and bathroom remodel. Permit 15016-30000-19251. Partial. PLUMBING PERMIT 14042-30000-08909 This permit says “no” as to permit issued. No permit thus no permit approval.
ELECTRICAL PERMIT 15041-30000-13969
This permit refers to apts 1-18 and regards “replace plugs, switches, lights and (1) breaker box.” According to city inspector Richard Schindler there is no record of any inspections, yet he issued a finalized permit on June 19 2015. This permit seems faulty also because (1) the repairs to apt 18 did not start before June 19, in fact they started around September 8 2015 and how could they be finalized before they started and (2) while the permit mentions apts 1-18, in fact, no repairs at all have occurred to apts 5, 8, 9, and 15, so that makes the entire permit process invalid.
No permit thus no permit approval thus no CFO, as amended (sic).
THE OWNER CANNOT DEMAND OR ACCEPT RENTS, NOR CAN THE CITY DIRECT HIM TO, WHERE THERE IS NO PERMITS/CFO. ”

The letter of Mr. Cotton of February 11 2016 is not acceptable as a resolution of the damages that have occurred to me due to the actions of the LA County employees and others. The letter of Cotton indicates the county conspiracy with the property owner and others liable under CCC 1942.4. All rights reserved.

[Tenant name redacted]

1522 Hi Point St apt 9

Los Angeles CA 90035

Mr. Cotton: how many inspectors does it take to inspect an intercom?

[Editor: this email has been redacted]

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.

Racism Hi Point Apts

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2 Responses to Communications with Los Angeles County Health Department

  1. Anonymous says:

    Stop lying.

    Like

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