Open Letter to all Tenants
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Tenant News
June – July 2021
Los Angeles, California
June 28, 2021
Since 2015, I have asked the owner and management company:
What are the qualifications for getting my intercom repaired?
What are the qualifications for getting a tandem parking stall?
As of today’s date, after paying over $72,000 in rent, my intercom is still not useable and I still do not have parking for a second car even though there are vacant parking stalls.
WHAT DISCRIMINATION LOOKS LIKE
California’s Fair Employment and Housing Act prohibits those engaged in the housing business – landlords, real estate agents, home sellers, builders, mortgage lenders, among others – from discriminating against tenants or homeowners listed in the section “Who is protected?”
It is also illegal for cities, counties, or other local government agencies to make zoning or land-use decisions, or have policies, that discriminate against individuals based on those traits.
Violations of the anti-discrimination law include the following:
- Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
- Refusal to negotiate for the sale, rental, or lease of housing
- Representation that a housing accommodation is not available for inspection, sale, or rental when it is in fact available
- Denial of a home loan or homeowner’s insurance
- Cancellation or termination of a sale or rental agreement
- Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services
- Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
- Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
- Refusal to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability
- Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
- Retaliation against someone filing a complaint
- Overly restrictive rules limiting the activities of daily life for families with children, including where children are allowed to play (Source: DFEH)
“The housing department has determined this building to be substandard per section 24436.5 of the State Revenue and Taxation Code. Any and all units are subject to re-inspection and require the same uniform compliance throughout the premises.” Los Angeles City Code enforcement in citing Hi Point Apts numerous times 2014 and 2015, posted to the front of the building.
In 2014, I asked owner Walter Barratt and Power Property Management to repair my non-working intercom. For something that could have taken less than a day, the owner refused to respond or repair it. In 2014, I asked to be assigned a tandem parking stall. The owner refused but said I could get one if I paid $50.00. I told him I would not pay the $50 because it is discriminatory. He has refused to respond to the issue of discrimination. He has refused to provide a tandem parking stall.
At this address, parking is included in the rent with no extra charge. There are eighteen apartments and parking for 27 vehicles. Walter Barratt said at the court hearing May 14 2021 that there is only parking for 18 vehicles. Barratt is a liar.
I was going to write this in newspaper style because I am a former reporter. But I changed my mind and decided to make it more personal.
I moved into this 1522 Hi Point St Apartments in 2010. The management at that time was pretty straightforward and within a few days we were assigned a tandem parking stall no extra charge in rent. As you know, there are 13 single parking stalls and seven tandem two car stalls.
In 2014, the current owner purchased the building. He moved all tenants out of the tandem parking stalls, which were mostly Black tenants. The tandem stalls sat vacant for about three months at which time new all white tenants moved into the tandem stalls.
In 2014 the new owner decided to replace the intercom system. He installed new intercoms into eventually fifteen units but for three units like mine, he refused to repair or replace the intercom. As if to say, my rent money does not matter.
In the meantime, in 2015, the city government granted the owner capital improvement rent increase of $17.08 cents which included installing a new parking lot security gate, and installing a new intercom system. I have to pay that increase for five years even though my intercom is not working and I am not allowed to park my car in the lot, even though there are frequently extra parking stalls.
In the court hearing May 14, 2021, Barratt appeared to be so aggravated over the press coverage this building has gotten that he orally advised the Judge to go online and google “Racism 1522 Hi Point St Apts”.
In the court hearing, Barratt said that tenants are not “entitled” to parking.
My opinion is that tenants are entitled to parking for various reasons. First, at the time the building was built, state law and local law required 1.5 parking space for each unit. Second, tenants are “entitled” to parking as many have rent agreements saying parking is included in the rent. Third, local as well as state and federal law address the tenant entitlement to “housing services” or accommodations. Tenants are entitled to “fair housing” and “peaceful enjoyment” of the premises. Peaceful enjoyment includes parking. Tenants are “entitled” to housing services.
Tenants are “entitled” to not be retaliated against by landlords because they complain about housing services. Landlords are prohibited from retaliating against tenants who make code violation complaints. Between Walter and the city officials, they claim I have made over 200 complaints with the city government against this property. Tenants are entitled to “fair housing”. Isn’t this about health and safety?
UNSTABILE REAR STAIRS
Isn’t this about health and safety? A prior maintenance person told me the stairs are a “structural” defect, meaning they could be repaired.
ABANDONED VEHICLE
There is a non-working vehicle at stall 4. It has been in that condition since 2015. Abandoned vehicles attract rats and crime. I encourage all tenants to report this to code enforcement. This building has been cited numerous times for “substandard conditions”. When one unit is not in compliance, the city will determine the entire building to be substandard. This has happened numerous times at this address. Nevertheless, the city government is not serious about ensuring fair housing. Isn’t this about health and safety?
THE ENTRY CODE
Did you know the entry code is the same as it was in 2015? Isn’t this about health and safety?
THE REAR ENTRY
The rear door has been subject to repair numerous times after misuse or burglary. The rear door should close by itself when it is let go. This is a health and safety issue. The front door is the same issue: it should shut securely on its own when let go. If the doors do not work properly, please report them. Do not depend on the manager to do it. Isn’t this about health and safety?
PARKING
The owner Walter Barratt, appearing in court May 14 with Kassandra Harris and Power Property Management, stated that he would assign me to tandem parking for $50 extra per month, even though no other tenant is paying the $50.00. (City documents show that all parking stalls are included in the rent.) Without waiving the fact he is singling me out for unfair treatment, I have requested the application for the tandem parking stall. This request has been ignored. Barratt admitted to the Judge that neither himself or management has talked to me about the $50 charge. The charge also does not appear in any online rental ads.
Around June 24, 2021, Kassandra Harris posted a note to “permanent and temporary apartment” residents that tenants should park in their assigned spaces. Too bad such PARKING ASSIGNMENTS list cannot be posted in the lobby. Harris says, “Please do not disrupt a tenant’s right to their amenities.” When I asked for extra available parking and intercom maintenance, Harris has refused to respond, meaning I as a Black American am not entitled to the housing services she speaks of. DISGUSTING. At the May 14 court hearing on this matter, the Judge asked Harris had I written her numerous times. The Judge asked why she had not responded. Harris said I told her not to contact her. I have since asked Harris to provide proof as to why she feels I told her not to respond to me. That request has been ignored. Harris is a liar.
Harris alleges that “guests” can park in the parking lot. Guests of tenants should not be allowed to park their vehicles in the parking lot. I don’t see anything in the “house rules” that permits guest parking. Guests parking in the parking lot are not covered by insurance. Guests should not be allowed to take up parking that should be allocated to “paying” tenants. Past letters from management have said there is no guest parking at this site.
RENT REGISTRATION
IMO tenants are supposed to be provided a copy of the latest rent registration certificate? Have you received yours? If not, it is a violation of the rent stabilization ordinance. (Editor note: tenants are supposed to receive a copy before the landlord can demand or accept rent.)
INTERCOM
Within the last two years, at least two tenants died in the building, one by suicide. IMO the suicide may have been prevented but first responders and friends were delayed in entering the building due to the non-functioning intercom.
At the latest court hearing on this matter, Walter Barratt testified that he has intentions to repair the intercom system so all units are working. The problem is when? He did not give a date for the repair. State law says 35 days is a reasonable amount of time. It has now been over five years since it was reported to Walter and Power Property Management.
Are you owed money? If you think the intercom affects you because visitors may ring your unit because mine does not work, then this is a common area housing service, and you could be entitled to a rent reduction from the rent control department. Since the intercom at the front of the building is considered the common area, I urge all tenants to file complaints with the RSD or code enforcement and ask for rent reimbursement for every day the intercom system is not working as intended.
METHANE GAS TABLE
Did you know this building sits on top of a methane gas table? Did you know the owner had plans to install gas barbecue pits? On top of a methane gas table.
CODE ENFORCEMENT REFUSES TO INSPECT
“As soon as the inspector arrived at the front of the property, he indicated that before he arrived he had a conversation with his supervisor M. Nicolas that code enforcement was not going to investigate the non-operating intercom system. I wondered to myself why he had wasted tax dollars to come out to the property in the first place if he knew he was not going to make the inspection. Then after I questioned him, he changed his tune and said he would not make the inspection because his supervisor Nicolas said that I was being “argumentative”. However, I believe the real reason for their refusal to inspect is in retaliation because I have complained about city and owner housing discrimination and because I have made code violation complaints against this property, and because I am Black. The owner indicated last week to me that the city government told him they ignore code violation complaints of Black tenants, and today’s performance by two city employees is proof of that.
“The inspector said I was being “argumentative” but in truth, I was simply complaining about the racist practices of the city Housing Department and code enforcement and rent control, and complaining about code violation complaints like lack of maintenance.
“My code violation complaint #779874 involves the front door not working as intended. read door not working as intended, non-operating vehicles on the property, un-permitted home- sharing, intercom unit 9 not useable, rear inside stairs unstable, un-permitted structure in the parking lot. These are all legitimate complaints.
“I explained to Nicolas and the other inspector that by state law the code inspectors have authority over all portions of the 1522 Hi Point St building; they both disagreed. For that, I request both employees face discipline up to and including termination from employment for not making a diligent effort to do their job.” (As posted to the Internet, as told to the mayor and council May 18, 2021 at 10:44 am. As posted to the internet by City Clerk CPRA number 21-4543 circa 6/9/21). A video of this encounter will soon be posted to Youtube.
HALLWAY POPCORN CEILINGS
Do you know the health and safety dangers of a popcorn ceiling?
HOME SHARING NOT PERMITTED
Home Sharing is not permitted in rent controlled buildings. If you know anyone living here on a temporary, home sharing or short term basis, please report this to city Housing at 24/7 Complaint Hotline: (213) 267-7788 planning.home-sharing@lacity.org . Isn’t this about health and safety?
ARE YOU PAYING THE OWNER A DEPOSIT FOR UTILITIES?
Do you know others in the building NOT paying a deposit? Is he giving you interest on the deposit? For most tenants, utilities are included in the rent. Have you heard of disparate treatment?
WHAT IS THAT BROWN DEVICE STICKING OUT THE BUILDING IN THE PARKING LOT SIDE?
Is it dangerous? It is a common area so do you have a right to know?
FROM A LAWSUIT WHERE ANOTHER TENANT AT A DIFFERENT BUILDING SUED WALTER AND POWER PROPERTY:
The lawsuit claims breach of contract, abuse of process, false imprisonment, violation of penal code 134, intentional infliction of emotional distress, breach of duty, violation of civil code 1940.2, declaratory relief. “Power Property Management Inc. …managed the apartment building.” “Powers wrongful tactic did cause the Plaintiff to experience pain and suffering.” “power was notified of certain significant problems with (1) the elevator, (2) the Property’s callbox (intercom), as well as other lesser problems with the building.” “…the Property’s call box, which allows tenants to let visitors in over the phone from their prospective apartments, has not worked for almost a year. Since 2016, the call box has only worked sporadically.” “Basically, Plaintiff’s visitors are deterred or stopped by this misleading, non-working, call-box.”
(Source: Nelson vs Fox Hills Drive. LASC 19STCV18302. Filed 5/28/2019. Corporation Fox Hills Drive was owned by Walter Barratt.)
Sincerely,
Juan
Tenant
It is my believe that Walter Barratt has named all tenants in current housing complaints filed with the state DFEH.
Recommended reading the state California Unruh Act section 51 and Civil Code section 1942.5(a). (Editor note: in order to prove a violation of the Unruh act, a showing of disparate impact or disparate treatment is not required.)
(Disclaimer: This email is intended to help tenants to exercise or enjoy the right to non-discriminatory treatment in the “terms, conditions, or privileges” or “services or facilities” provided in connection with housing and other civil rights laws and rights under the
Constitution. This document is not intended to make any false, misleading, or derogatory statements nor is the email intended to defame or slander any person or entity or to express any opinions or facts not already disclosed to the Public or to government entities or officials. This flyer constitutes protected activity.)
(Legal disclaimer: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Juan and the user or browser. The opinions expressed at or through this site are the opinions of the individual author.)
If something in the unit or common area is not working as intended (parking gate, rear door locking mechanism, intercom box common area, inside rear stairs wobbly, refrigerator, stove, debris), you may be entitled to a rentreduction thru the rent stabilization department or a court of law.
References
Published Online issue Random Lengths. Full page ad. Issue 2/22/18, p. 17.
https://dailytrojan.com/wp-content/uploads/2017/03/housing2017.pdf (USC Daily Trojan Housing Guide Supplement 2017. See page S12 for full page ad re 1522 Hi Point Apts. Published online March 30, 2017.
Published San Diego Reader. 3/29/17, page 14.
https://clkrep.lacity.org/onlinedocs/2014/14-0268-S13_PC_AB_06-06-2021.pdf (see pages 2-3. LACityClerk Connect. Ordinance File 14-0268-S13. Submitted 6/6/21)
https://recordsrequest.lacity.org/requests/19-7056 (City clerk published. 2019)
Numerous Youtube Videos
California Tenant Law https://caltenantlaw.com.
https://www.ladbs.org/services/core-services/code-enforcement (City code enforcement)
https://www.lacity.org/ (Mayor and Council)
Landlord and manager sued
Sued are Power Property Management Group, Inc. a corporation dba Power Property Group, Hi Point Apts LLC, Walter Barratt, Brent Parsons, Cynthia Reynosa, and Kassandra Kamala Harris aka Kassy Harris. The core case states that damages are based on (lack of) intercom repair, negligence, denial tandem parking, bad faith, nominal damages, general damages, specific performance. Los Angeles Superior Court small claims court case 19STSC14394 filed 12/23/19.
Black tenant sued by white landlord after he asked for repairs
In the meantime, nearly nine months after the core case was filed, Walter Barratt owner Hi Point Apts LLC (owner 1522 Hi Point St Apartments 90035) filed a cross complaint against the tenant for $10,000. (His cross complaint is viewed as unlawful retaliation.)
The cross complaint claims “retaliation, harassment, prior small claims case litigated 2014, defamation, frivolous lawsuit claims with the city; other frivolous lawsuits; vexatious litigant.”
It appears if Black tenants at Hi Point Apts complain about housing services, they may be facing a lawsuit from the owner.
Excerpts Proposed Harassment by Landlord Ordinance
The City of Los Angeles has an extreme shortage of affordable rental housing.
In 2018, the Housing and Community Investment Department investigated approximately 10,000 tenant complaints of harassment in rent stabilized units concerning illegal rent increases, illegal evictions, failure to post required notifications non-registration of rental units, illegal tenant buy-out agreements, and denial of relocation assistance.
Other harassing conduct used by residential landlords to cause unlawful evictions include reducing housing services, issuing eviction notices based upon false grounds, and refusing to complete repairs required by law. Habitability and other tenant complaints are often not raised with landlords nor with City inspectors for fear of retaliation. Now more than ever, the City needs to adopt civil and criminal remedies to address these unlawful harassment practices to help tenants achieve meaningful remedies to deter this bad conduct and to make tenants harmed by such conduct whole.
Failing to perform and timely complete necessary repairs and maintenance required by State, County, or local housing, health, or safety laws; or failure to
follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.
Abuse of the right of access into a rental unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection. Threatening to or engaging in any act or omission which interferes with the tenant’s right to use and enjoy the rental unit or whereby the premises are rendered unfit for human habitation and occupancy.
The Tenant Anti-Harassment Ordinance provided in this article augments existing protections provided to residential tenants under state, federal, and local laws to prohibit and deter tenant harassment by landlords in all rental units, including single- family residences and condominiums. This Ordinance provides an aggrieved tenant with a private right of action and affirmative defense in eviction, ejectment, and other actions. The Ordinance also makes violations a criminal offense.
Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of a tenant….Threatening to or engaging in any act or omission which interferes with the tenant’s right to use and enjoy the rental unit or whereby the premises are rendered unfit for human habitation and occupancy.
A tenant prevailing in a court order under this article may be awarded compensatory damages, rent refunds for reduction in housing services, reasonable attorney’s fees and costs, imposition of civil penalties up to $10,000 per violation
(Excerpts. The entire ordinance and public comments can be seen at https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=14-0268-S13 . “LACity Clerk Connect” file number 14-0268-S13. Some of my comments about Walter Barratt appear at this city website).
Tenant News
Los Angeles, California
June – July 2021
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(Editor: redacted from distribution to tenants at 1522 Hi Point St Apts 90035)
(Editor: A condo collapsed in Surfside, Florida, killing many, no doubt due to the government practices like that of Marcel Nicolas and Luis Tolentino. This building 1522 Hi Point St 90035 has new owners that I have been told. The new owner is Hi Point 1522 LLC, managed by Hi Point 1522 Managers LLC, managed by Hi Point 1522 Managers LLC, managed by Hi Point 1522 Managers Holdco LLC, managed by Todd Jacobs, associated with Hi Point 1522 TJ Entity LLC, managed by Anthony Jaffe. The property management company for this site is still Power Property Management Inc. which is at the same address as the other 1522 Hi Point LLC entities above. The city clerk may post this code complaint to the worldwide web. City CPRA number 21-5730. The actions herein constitute violations of the state Unruh Act. The previous owner said he had intentions to replace the intercom but the repair has not occurred. The previous owner said I could have a second or tandem parking stall for $50 per month (which I believe would be discriminatory) but my requests for the parking application have been ignored by the resident manager. I have incurred damages of $70.00 after receiving a street sweeping ticket. Tenants have not yet been supplied with the name and contact information for the new owner.)
References:
How to sue your landlord in small claims court
More pros and cons of suing your landlord
https://www.johnsonformayor-2022.com/
LA Rent Control (RAC) and Permits (LADBS) 