Rent stabilization department (RSD) complaints

Los Angeles, California.

March 25, 2019

Complaint Against 1522 Hi Point St Apts 90035

 

SUBJECT: ILLEGAL RENT COMPLAINT RE HI POINT APTS – a rent controlled building

From: (tenant name and email redacted)

To: hcidla.rso.central@lacity.org

Cc: cityclerk@lacity.org; adam.lid@lacity.org; mayor.garcetti@lacity.org; paul.koretz@lacity.org; councilmember.cedillo@lacity.org; councilmember.wesson@lacity.org; councilmember.krekorian@lacity.org

Date: Monday, March 25, 2019, 1:56 PM PDT

TO:
Courtney Doran Gloria Torres Mariana Lamb Lisa Romero– Martinez Marina Lem Roberto Aldape Lydia Perez Lydia Pena Daniel B Gomez, Erika Garcia Donya Plazo Jorge de la Torre Robert Galardi Javier Melendez Brian Beltran Norman Koplan ; David Zaitz; Nell Dizon; Glender Chu; Elva Valdovinas; Marcella DeShurley ; Emma Garcia; Susan Gosden ;Rushmore Cervantes, Lilly Fuentes Claudia Monterrosa Laura K Gugliemo, Bessie Corrales, Sally Richman, Alfonso Perez, Sharon Lowe, Luz Santiago, Lyndon Salvador Zachary Millet Rosa Benavides, Greg Kung

EXECUTIVE MANAGEMENT

General Manager, Rushmore D. Cervantes ………………. 9th Floor 213 Executive Administrative Assistant, Lily Fuentes …………….. 213

…………………………………………………………………………… FAX 213 􏰀 Policy & Research Analysis, Claudia Monterrosa…..9th Floor 213 Executive Officer, Laura K. Guglielmo ……………………… 9th Floor 213 Executive Administrative Assistant, Bessy Corrales………………… 213 􏰀 Performance Management & Resiliency Planning: Sally Richman

Code Enforcement Division

Director, Daniel V. Gomez ……………………………………… 8th Floor Secretary, Erika Garcia……………………………………………………….

􏰀 Administration / Program Support: Donya Plazo ……………….. 􏰀 Case Analysis Legal: Jorge De La Torre………………………….. 􏰀 Complaints & Special Enforcement / SCEP: Robert Galardi .. 􏰀 Code Hearings: Javier Melendez ……………………………………. 􏰀 Emergency Management / TRIP / URP: Brian Beltran ………..

958 Compliance Division
Director, Roya Babazadeh………………………………………8th Floor Secretary, vacant……………………………………………………………….

􏰀 Billing & Collections: Michael Prendergast ……………………….. 􏰀 Hearings: Norman Koplin ………………………………………………. 􏰀 Legal / Compliance: David Zaitz………………………………………

1/4

3/25/2019 AT&T Yahoo Mail – ILLEGAL RENT COMPLAINT RE HI POINT APTS – a rent controlled building

􏰀 REAP / UMP: Nell Dizon ………………………………………………..

958 Rent Stabilization Division
Director, Anna Ortega ……………………………………………. 8th Floor Secretary, vacant……………………………………………………………….

􏰀 Case Analysis: Glender Chu …………………………………………..
􏰀 Customer Service Hotline: Elva Valdovinos ………………………
􏰀 Investigations & Enforcement / Regional Offices: Marcella DeShurley

…………………………………………………………………………………
􏰀 Landlord Declarations and T enant Buyout: Emma Garcia …… 􏰀 RSO Unit: Susan Gosden ………………………………………………

213 922­9681 213 808­8519 213 808­8503

City Los Angeles Refuses Housing Services

 to Black Tenants

(Tell it to the Olympic Committee)

DEAR Garcetti RSD LA:

Tenants unit 9 still have not received rent reimbursements for reduction of maintenance to the intercom system, and reduction parking from tandem stall to single stall. In addition, the city government has refused to explain what are the qualifications for getting maintenance to the intercom system —“equal privileges and services”— and refused to explain what are the qualifications for being assigned tandem parking —“equal privileges and services”.

Those issues above mean we continue to pay an illegal rent.

In addition, there is the matter of capital improvements increase of $17.08. City decision Issued May 8 2015. That increase included the replacement of the intercom system (of which ours was not replaced or repaired). We are paying an increase for an intercom system that only benefits other tenants. That increase also included the installation of exterior lights to the building. Those exterior lights have since recently failed in their entirety, thus we pay an illegal rent for the exterior lights. The increase for the exterior lighting was .89 cents per unit. The increase for the intercom-door entry was $.44 cents per unit. We pay for the replacement of the building intercom system, but ours was not repaired or replaced. We are owed rent reimbursement of $.44 cents per month since 2015 May. Our rent must be reduced by $.89 cents forward per unit for the total failure of the exterior lights.

The 2015 decision of the city stated, “proper statutory notice must be given to tenants before any rent increase can become effective.” The attached 2019-1-12 PPM Notice of Unpaid rent does not constitute proper statutory notice. In addition, the owner accepted rent which he alleges was the incorrect amount; since he cashed the checks (and money orders), he waived any right to complain that the rent amount as submitted was not correct. We are entitled to rent reimbursement for the owner not serving the proper statutory notice, such rent reimbursements to go back within the last three years. The owner did not serve the 30 day notice required to claim the rent of $1467.55.

In addition, I attach selected rent checks for the time period 6/1/17 thru Mar 1, 2019. The owner can only demand a rent increase —under rent control ordinance—every 12 months. Any increase that occurs less than 12 months is illegal rent. A rent increase can only be demanded thru the proper statutory 30 day notice. On June 21 2017, the owner served a rent increase notice of $1398.65 due. Less than 12 months later, the owner served another notice dated 4-7- 2018 for $1464.40 rent. On 1-12-2019 the owner served an illegal notice of unpaid rent due for $1467.55; the notice of January 12 did not comply with statutory requirements of 30 days notice; the Jan 12 notice was served less than twelve months from the notice of April 7, 2018. The Notice served April 7, 2018 was served less that the required 12 months period. We seek rent reimbursements for paying an illegal rent.

If you need additional information, please contact me by first class mail.

 

ALL RIGHTS RESERVED.

(tenant name redacted)

1522 HI POINT ST 9 LOS ANGELES CA 90035
Reference: all code violation complaints regarding this property; David Lee

Communication from the Public – Regarding Los Angeles Housing Committee Item No. 14- 0268-S13 – Community Impact Statement

Harassment Complaint against Hi Point Apts LLC and Power Property Management

(This email has been redacted)

(Attachments)

2017-6-21 Rent increase letter 1522 from WREA Docs and Check.pdf; 2018-4-7 Walter Notice of Unit 9 Rent Increase.pdf; 2019-1-12 PPM Notice of Unpaid Rent.pdf; 2017-6-1 Rent 1522 Check and M.O. June 1.pdf; 2017-7-1 Rent Paid for Unit 9.pdf; 2017-8-1 Rent Unit 9 with Note.pdf; 2017-9-1 Rent Payment Hi Point #9.pdf; 2017-10-1 Rent Payment October 2017.pdf; 2017-11-1 Rent Checks 1522.pdf; 2017-12-1 Rent for December HP.jpeg.pdf;  2018-3-1 Rent paid Hi Point.pdf; 2018-5-1 May Rent 1522 Unit 9.pdf; 2018-6-1 Rent Unit 9 June 1.pdf; 2018-7-1 Rent Unit 9 at 1522 Hi Point Paid.pdf; 2018-12-1 Rent 1522 Paid.pdf; 2019-1-12 Rent Paid for Jan 1 .pdf; 2019-2-1 Rent Paid Unit 9 Feb 1.pdf; 2019-3-1 Rent Paid Unit 9.pdf

January 16, 2019

See the latest RSO rent control complaint re Hi Point Apts by Clicking here

May 12, 2018

Complaints Against 1522 Hi Point St Apts 90035

[Numerous complaints have been filed with the RSD department against this property since November 2017. There has been no resolution from RSD to the complaints. Numerous calls and emails to RSD department have been ignored. This is another reason why you should not move into rent control properties, especially if you are Black.]

Saturday, May 12, 2018 3:10 PM

Hello  [TENANT 9],

Thank you for contacting the Los Angeles Housing + Community Investment Department (HCIDLA). Your questions are very important to us, as we are fully committed to meeting the needs of all Angelenos. You will receive a response to your inquiry within 1 – 2 business days. If you have any immediate concerns, you may also call the HCIDLA hotline at 866-557-7368 for further assistance. Again, on behalf of all of us from HCIDLA, thank you for your request and the opportunity to serve you.

Ticket reference number: 37381
Subject: Reduction in service and rent reimbursement and clarification

Issue/comment:
The RAC determines that parking in this zip code is valued at $200 per month. My parking was reduced from parking for two cars to parking for one car. The damages have continued the last three years, which is the time period the HCIDLA can go back. I pay my rent every month but only have parking for one vehicle, but my roommate and I own two vehicles. The owner refuses to tell us how we can get parking for two vehicles but there are available stalls about four.We previously were assigned to a two car stall while another tenant was assigned to our previous single car stall. The RAC regulations determine that an intercom is a housing service. We received an intercom upon inception of tenancy in 2010. In 2014 the Intercom needed maintenance but the owner refused to repair or replace it but over time he replaced intercom sin ten other units. I request the cost of parking at $200 x 36 months = $7200.00. I request the cost of replacement of the intercom at $240 (part is $40.00 and $200 labor estimated) x 36 months = $8640. Please make this a rent control complaint. All rights reserved.

[Editor: Total in damages requested and allowed under the rent control ordinance: $15,840. Making a rent control complaint is in addition to other remedies under state and federal law including general damages and punitive damages. If making complaints against a landlord, always notify the landlord of the complaint, even if they rule against you, because such notification is proof if the landlord retaliates against you.]

 

Subject: HCIDLA Support: Reference #37383 ‐ “ALLOWABLE INCREASES”

From: hcidla.contact@lacity.org

Date: Sun 5/13/2018 8:55 AM

To:

Hello [Tenant 9],

Thank you for contacting the Los Angeles Housing + Community Investment Department ﴾HCIDLA﴿. Your questions are very important to us, as we are fully committed to meeting the needs of all Angelenos. You will receive a response to your inquiry within 1 ‐ 2 business days. If you have any immediate concerns, you may also call the HCIDLA hotline at 866‐557‐7368 for further assistance. Again, on behalf of all of us from HCIDLA, thank you for your request and the opportunity to serve you.

Ticket reference number: 37383

Subject: ALLOWABLE INCREASES

Issue/comment:

To Rushmore Cervantes, Robert Galardi, Mayor and Council et al: This is about owner obligations under the LAMC rent control ordinance. Even though I have been served with a THP application as a current tenant, my question here concerns the other 17 or so units/tenants. The RSD has the authority to investigate in absence of a complaint. There are a total of 18 units in this building. When the current owner took over in 2014, five units were vacant. Thirteen were occupied. Over the next three years, two or more units at a time, the owner announced primary renovations and proceeded to renovate a total of fifteen units. For the ten that were occupied before renovations began, no THP applications, based on city public records, were ever served on those ten tenants or filed with the City. According to numerous cites to city regulations, primary renovations cannot proceed without the THP application and approval in place. I understand that the lack of THP application and buyout notification for the ten tenants that vacated means that the owner could not raise the rent for those ten units. The owner did raise the rent for those ten units by about $500 per month. Please takes steps to reimburse all tenants for the units where there was no THP submitted. The units would be 6, 1, 18, 10, 11, 15 that never received the THP application while they were tenants in the building and I can supply the other four units. Units 2,3,7,12,17 were vacant in March 2014 before new ownership. Units 9, 8, 5 remain for primary renovations. Other units that did not receive THP applications were 4, 13, 14, 16. Tenants who paid illegal increases within the last three years should be reimbursed for all rent increases not allowed. Current rents of applicable tenants should be lowered to account for the illegal increase that was not allowed due to the city admitted lack of THP applications.

[Editor note: the city has previously admitted by letter and email that it knew and participated in the denial of THP applications to numerous tenants. Subsequently, said tenants may not have received the correct relocation monies, if at all, and owners were prohibited from raising rents, but owners raised the rents anyway. Mayor Garcetti and council claimed thru Deborah Breiuthaupt letter April 20, 2018 that the city has not done anything “unlawful”. Others who participated in this scam against tenants were Walter Baratt, Cynthia Ogan, Williams Real Estate Advisors, Jade Beck, Mozannar Construction, and the AAGLA.]

 

Updated April 25, 2018

HCIDLA case number CE233072

Illegal rent increase, reduction of services

Against Hi Point Apts, LLC at 14 Ozone Avenue Venice CA   90291

Attachment to LA Housing HCIDLA Rent Stabilization Complaint

from  , tenant 9

To: HCDLA entire rent control department including Rushmore Cervantes, Mayor Eric Garcetti, and the Mayors Fund.

In or around May 2017 this unit was served with a rent increase notice that did not comply with the required 30 day notice prior to increase. Therefore the owner was not entitled to charge or accept rent increase which tenants unit 9 paid under protest.

The approximately $68.00 charge increase was illegal also for other reasons:

  1. In 2014 our housing service parking was reduced from tandem stall to single stall. We never received the $200 per month rent reduction. The tandem stalls were available when the building was built and were available [present] at the inception of the tenancy. The rent agreement has spaces for two cars.
  2. In 2014 our housing service maintenance to the intercom has been reduced and not provided. We never received a rent reduction per month for the denial of maintenance to the intercom. The maintenance is a housing service.
  3. Rent control has authority over the maintenance and the parking.
  4. Code enforcement under Eric Garcetti has maintained that the city LAHCID told code enforcement that they do not have jurisdiction over maintenance, such statement not in compliance with applicable federal and state laws building code and health and safety code.
  5. Thus the current rent is illegal due to the failure to comply with 30 day notice requirements in 2017, and reduction of housing services as noted herein.
  6. I also request $2,000 per day per city employee for each day I am without the required rent reduction as noted herein.

CC 1942.5 (excerpt)

(f) Any lessor or agent of a lessor who violates this section shall be liable to the lessee in a civil action for all of the following:

(1) The actual damages sustained by the lessee.

(2) Punitive damages in an amount of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice with respect to that act.

(g) In any action brought for damages for retaliatory eviction, the court shall award reasonable attorney’s fees to the prevailing party if either party requests attorney’s fees upon the initiation of

the action.

(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.

A recent denial of a claim for damages against the LA Housing and City of Los Angeles is not acceptable as a resolution.

All rights reserved.

Garcetti’s Rent Stabilization Department will not help Black tenants

Do not move into Hi Point Apts 

Under the rent control ordinance, a landlord must give you 30 day notice of any yearly rent increase. The landlord can only make this demand once every 12 months. If he gives you less than the 30 day notice, he has demanded and accepted an illegal rent. You should pay the rent to avoid eviction, reserve your rights in writing, and file a complaint with the local rent control board. Some unscrupulous landlords will forget about the increase then charge you, then try another one when 12 months has not passed; this is also illegal. There must be twelve months between each rent increase demand.

Do you know why the city of Los Angeles passed the tenant buyout ordinance? It was the city government’s way of directly telling owners that if they want to raise the rents to market rate, then just “buyout” all your tenants. [Remember prior to that ordinance, there was already a city ordinance that made non-THP renovation buyouts void. Check out that ordinance.]  Of course if every rent control building owner buys out all their tenants and tenants move out, and the rents are increased to market rate, then there will never be “affordable housing”. Get the picture?

 

 

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