Council asked to pass heavy repair penalties

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

Updated January 10, 2019

 

SUBJECT: Revised – Proposed automatic mandatory fines due to lack of property maintenance the BARRETT-BECK ordinance – to protect tenant rights

From: (G. JUAN JOHNSON)

To: councilmember.huizar@lacity.org; charles.v.garcia@lacity.org; mayor.garcetti@lacity.org; robert.galardi@lacity.org; angelo.shannon@lacity.org; karen.baggio@lacity.org; steve.ongele@lacity.org; scott.matsunaga@lacity.org; richard.horn@lacity.org; crystal.otero@lacity.org; paula.hudak@lacity.org; corey.hupp@lacity.org; emily.hu@lacity.org; councilmember.wesson@lacity.org; councilmember.englander@lacity.org; councilmember.ofarrell@lacity.org; councilmember.harris-dawson@lacity.org; councilmember.krekorian@lacity.org; councilmember.martinez@lacity.org; councilmember.price@lacity.org; david@11thdistrict.com; councilmember.rodriguez@lacity.org; landuse@piconc.com

Cc: councilmember.bonin@lacity.org; diana@aagla.org; alex@aagla.org; dee@aagla.org; matt@aagla.org; dan@aagla.org; walter.barratt@gmail.com; tenantrelationsatyourapt@gmail.com; ali4servicing@gmail.com; amozannar@gmail.com; jack_briggs@dailyjournal.com

Date: Sunday, January 6, 2019, 10:32 PM PST

Requested Mandatory Penalties for Denial of Housing Services

Dear Mayor and Council:

1. Based on the Mayor Quarterly report below, I ask that the city place in committee a proposed ordinance to address the need for zero tolerance of need for maintenance in all city Los Angeles apartment buildings:

2. This ordinance would apply to all apartments rent controlled properties with two units or more.

3. It would not apply to tenants who rent/lease commercial properties.
4. It would apply to all multifamily dwellings and hotels, regardless of year built.
5. It would apply to all multifamily dwellings for rent or lease, no matter when built.

6. “Maintenance” shall be as defined by the State Health and Safety Code, the Los Angeles Municipal Code, and including but not limited to those two sources, as long as the item is needing repair not due to the fault of the tenant.

7. The burden of proving how the item came into disrepair shall be on the property owner and their maintenance records.

8. Maintenance shall include “repair, replace, or remove”.

9. There shall be an automatic mandatory fine of $10,000 payable by the property owner for each separate item in need of repair.

10. Items needing repair can be “substantial” or non-substantial.

 

11. The assessment of the $10,000 is not dependent on a determination of whether the repair item is substantial or not.

12. The items needing repairs are limited to those housing services that occur on the inside of the apartment unit themselves per tenant. “Repairs” do not include repairs needed to the outside of the property but do include repairs needed to the common areas used by the tenants.

13. The tenant must contact the owner within 10 days of the need for repairs by notifying the owner by the owner requested form or notification; the tenant may also use any means of contacting the owner or his agents or employees, by phone, in person, email, letter, or otherwise.

14. The tenant must inform the city HCIDLA of the report to the owner of the need for repairs.

15. The tenant must make three different complaints for each repair needed, and copy the City. The fine is automatic once the city receives the three complaints from the tenant within the 10 days period. The fine will also be accessed if the city receives three complaints on the same repair, such complaints occurring at any time outside of the 10 day time period.

16. On the 11th day from the date of the report of need for maintenance, the city shall automatically access a mandatory fine of $10,000 against the owner for each item needing repair. The assessment shall only be dependent on the receipt by the city of copies of the written complaints from the tenant.

17. If repairs for each item noted are not completed within 35 days from the date of the original reported complaint, on the 36th day the property owner shall be accessed an additional $50,000 per repair needed.

18. If repairs for each item noted are not completed within 60 days from the date of the original reported complaint, on the 61st day the property owner shall be accessed an additional $5,000 per repair needed per day until the repairs are completed.

19. The monies collected from fines will be placed in a special city bank account from which tenants may apply to use the monies for repairs.

20. Property owners may appeal from the fines accessed only after the fines have been paid.

21. If fines are not paid in a timely manner, the city will place a lien against the property and revoke the property owner’s business license. Please let me know when this matter will go before committee.

At this address 1522 Hi Point St Apartments, rear inside stairs are a structural defect that remains uncorrected, we are without a resident manager since September 2018; and we have been denied tandem parking and intercom repair since June 2014 or 1680 days.

This new ordinance I have requested, and will suggest to all 2020 candidates for office, needs to be retroactive by three years which is the amount of time LA Housing-Rent control claims they can go backwards to calculate damagers due to denial of housing services.

This ordinance will apply to all buildings, whether rent control or not rent control.

This ordinance will include the provision that the owner and/or agents will incur a $1,000 fine for failure to make a written response within 10 days to any tenant written complaint regarding request for or denial of housing services. This $1,000 fine will be accessed separate from any other fines accessed for the same repairs.

 

This ordinance will be required to be copied to every tenant when they sign a rent agreement or lease.

All rights reserved.

 G. Juan Johnson

(ADDRESS AND PHONE REDACTED)

“In the Mayor’s webpage Quarterly Report Latest Status Report – July 1, 2013 to June 30, 2017.pdf, it is stated “resolved 19,019 tenant complaints, resolved 10,078 illegal eviction complaint cases, secured $23.2 million in relocation assistance for 1,859 families, and restored 31,854 rental units to safe living conditions”. ”

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Request asks for $5,000 mandatory penalty if repairs not done within 16 days

Subject: Revised Proposed automatic mandatory fines due to lack of property maintenance — the BARRETT-BECK ordinance – to protect Renters

 

From: (tenant name and email redacted)

To: mayor.garcetti@lacity.org; karen.baggio@lacity.org; presiliano.sandoval@lacity.org; robert.galardi@lacity.org; angelo.shannon@lacity.org; steve.ongele@lacity.org; richard.horn@lacity.org; mark.salazar@lacity.org; crystal.otero@lacity.org; corey.hupp@lacity.org; paula.hudak@lacity.org; terry.herr@lacity.org; michael.hughes@lacity.org; jonathan.hom@lacity.org; councilmember.wesson@lacity.org; info@da.lacounty.gov; emily.hu@lacity.org; maria.a.hernandez@lacity.org; scott.matsunaga@lacity.org; hcidla.rso.central@lacity.org; robert.hughes@lacity.org; charles.v.garcia@lacity.org; councilmember.wesson@lacity.org; councilmember.buscaino@lacity.org; councilmember.huizar@lacity.org; councilmember.ofarrell@lacity.org; councilmember.englander@lacity.org; councilmember.bonin@lacity.org; councilmember.price@lacity.org; councilmember.harris-dawson@lacity.org; councilmember.rodriguez@lacity.org; councilmember.martinez@lacity.org; paul.koretz@lacity.org; david.ryu@lacity.org; councilmember.blumenfield@lacity.org; councilmember.Krekorian@lacity.org; councilmember.cedillo@lacity.org; controller.galperin@lacity.org;

 

Cc: thefirstjew@yahoo.com; janet@aagla.org; info@smchamber.com;

Date: Thursday, August 16, 2018 6:13 PM

Revised Proposed automatic mandatory fines due to lack of property maintenance — the BARRETT-BECK ordinance – to protect Renters

Dear Mayor and Council:

  1. Based on the Mayor Quarterly report below, I ask that the city place in committee a proposed ordinance to address the need for zero tolerance for lack of maintenance in all city Los Angeles apartment buildings:

 

  1. This ordinance would apply to all apartments, including rent controlled properties, with two units or more.

 

  1. It would not apply to tenants who rent/lease commercial properties.

 

  1. It would apply to all multifamily dwellings and hotels.

 

  1. It would apply to all multifamily dwellings for rent or lease, without regard to date built.

 

  1. “Maintenance” shall be as defined by the State Health and Safety Code, the Los Angeles Municipal Code, and including but not limited to those two sources, as long as the item needing repair is not due to the fault of the tenant.

 

  1. The burden of proving how the item came into disrepair shall be on the property owner and their maintenance records.

 

  1. “Maintenance” shall include “repair, replace, or remove”.

 

  1. There shall be an automatic mandatory fine of $5,000 payable by the property owner for each separate item in need of repair.

 

  1. Items needing repair can be “substantial” or non-substantial as long as they are “housing services” for the use of the tenant, housing services as defined by the rental agreement or by the Los Angeles Municipal Code, or otherwise.

 

  1. The assessment of the $5,000 is not dependent on a determination of whether the repair item is substantial or not.

 

  1. The items needing repairs are limited to those housing services that occur on the inside of the apartment unit themselves per tenant. “Repairs” do not include repairs needed to the outside of the property but do include repairs needed to the common areas used by the tenants.

 

  1. The tenant must contact the owner for repairs by notifying the owner by the owner requested form or notification; the tenant may also use any other means of the contacting the owner or his agents or employees, by phone, in person, email, letter, or otherwise.

 

  1. The tenant must inform the city HCIDLA of the request to the owner of the need for repairs.

 

  1. The tenant must make three different complaints for each repair needed, and copy the City on all.

 

  1. On the 16th day, or thereafter, from the date of the first report of need for maintenance, the city shall automatically access a mandatory fine of $5,000 against the owner for each item needing repair. The assessment shall only be dependent on the receipt by the city of copies of the written complaints from the tenant. Upon receipt by the department HCIDLA of the tenant request for repairs, it shall be assumed from the tenant request that the repairs have not been completed.

 

  1. If repairs for each item noted are not completed within 35 days from the date of the original reported complaint, on the 36th day the property owner shall be accessed an additional $5,000 per each separate repair needed.

 

  1. If repairs for each item noted are not completed within 60 days from the date of the original reported complaint, on the 61st day the property owner shall be accessed an additional $5,000 per day per repair needed until the repairs are completed.

 

  1. The monies collected from fines will be placed in a special city bank account from which tenants may apply to use the monies for repairs.

 

  1. Property owners may appeal from the fines accessed only after the fines have been paid.

 

  1. If fines are not paid in a timely manner, the city may place a lien against the property. Please let me know when this matter will go before committee.

 

Signed: (tenant 9 name, phone, email redacted, 1522 Hi Point St)

 

“In the Mayor’s webpage Quarterly Report Latest Status Report – July 1, 2013 to June 30, 2017.pdf, it is stated “resolved 19,019 tenant complaints, resolved 10,078 illegal eviction complaint cases, secured $23.2 million in relocation assistance for 1,859 families, and restored 31,854 rent complaints.”

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