REAP complaint filed against Hi Point Apts

August 1, 2018

Complaint asks for all rents to be reduced by 50%

 

Subject: Revised Complaint for Referral to REAP for inclusion of 1522 Hi Point St Apts 90035

From: (Tenant 9 name and email redacted)

To: hcidla.reap@lacity.org; mayor.garcetti@lacity.org; hcidla.rso.central@lacity.org; robert.galardi@lacity.org; info@smchamber.com; info@da.lacounty.gov;

cc: tenantrelationsatyourapt@gmail.com; walter.barratt@gmail.com; ali4servicing@gmail.com; thefirstjew@yahoo.com;

Date: Wednesday, August 1, 2018 11:29 PM

Revised Complaint for Referral to REAP for inclusion of 1522 Hi Point St Apts 90035

Dear REAP department:

I am a tenant referring this building and residential unit(s) for inclusion in REAP.

“SEC. 162.03. REFERRAL TO REAP. (Added by Ord. No. 173,810, Eff. 4/16/01.)

“Any City or County agency or any tenant may refer any building or residential unit within the scope of this article to the Department for inclusion in REAP if the following conditions are met:

i. The building or unit is the subject of one or more Orders;
ii. The period allowed by the Order for compliance, including any extensions, has expired without compliance; and
iii. The violation affects the health or safety of the occupants, or, if the unit is subject to the RSO, the violation results in a deprivation of housing services, as defined in Section 151.02, or a habitability violation, as defined in Section 153.02.

“In its referral, the City or County agency shall indicate if the violations are of a nature or extent that they are likely to exist in or affect units that have not been inspected. The RAC shall promulgate regulations setting forth criteria for determining when that condition exists.”

As below as it relates to 1522 S Hi Point Street zip 90035:

1. RSO building built prior to 1978 presumed to have presence of lead based paint and asbestos
2. RSO unit
3. Health and safety violation: trash and debris stored in … vehicle in parking stall 13; date since April 2015
4. Owner notified
5. LAHD notified
6. See work stop orders and notices to comply previously issued against the building
7. Deprivation of housing service: door entry intercom system for this apartment 9 and other apartments 8 and 5 since May 2015 and continuing
8. Deprivation of housing service tandem parking stall for this apartment 9 since May 2015 and continuing
9. Failure to provide tandem parking stall for this apartment 9 since May 2015 and continuing; health and safety violation
10. Health and safety violation: no asbestos hazard containment for units #1 and #13 affecting entire building
11. Health and safety: no lead hazard abatement program and no indication of safe work practices being utilized for all tenants in all units of the building affected by noise, dust, utility shutoff, etc. since April 2015 and continuing
12. Health and safety: the Health department has not performed lead and asbestos inspection before city government issued permits

13. Tandem parking at 1522 Hi Point St is a housing service as defined by LAMC section below 151.02 Definitions: Housing Services.

14. Maintenance to the intercom system at this address is a housing service as defined by LAMC section below 151.02 Definitions: Housing Services.

 

15. The door entry intercom system at this address is a housing service as defined by LAMC section below 151.02 Definitions: Housing Services.

16. Fifteen units have undergone primary renovations in this building. All such units received a new intercom as part of the replacement of the previous intercom. Code enforcement inspectors issued finals for occupancy for all units that received new replacement intercoms.

17. The intercoms for units 9, 8, 5 remain un repaired and un useable.
18. The intercom door entry equipment on the outside front of the building replaced the previous door entry intercom system.

19. Even though the attached Notices to Comply require the issuance of the tenant habitability plan, no such THP’s exist for the fifteen units that underwent primary renovations.

20. The building door entry intercom system is only partially functioning and thus is nuisance, maintenance, and electrical violations under the jurisdiction of REAP.

I hereby demand that 1522 S Hi Point St 90035 be placed into the REAP program on the following grounds, including but not limited to, and that all 18 tenants receive a rent reduction of 50%.

1. Peeling paint exterior timber clad letters and numbers
2. Rear inside hallway structural defect unsafe loose wobbly stair railing previously reported as structural defect 3. Intercom unit 9 not maintained;
4. outside parking lot security lights not working properly outside unit 9 window;
5. intercom not fully functioning from front outside building;
6. abandoned vehicle in parking stall 13
7. Debris under car at parking stall 13.
8. Deprivation of maintenance to intercom
9. Deprivation of housing services: tandem parking stall

10. Floors, stairways, or railing not maintained in good repair

I attach a 2015 order from the Los Angeles County Public Health department in which they ordered the door entry intercom system repair by 2015 (corrected 2016) but the repair or replacement never occurred. The non-working intercom is still in units 9, 8, and 5. The non-working intercom box is on the outside of the building and for the use of all eighteen tenants. With the exception of the intercom in unit 9, all code violations herein are common to all tenants of the 18 units.

Some of these violations were the subject of a city Capital Improvements rent increase and may also constitute failure of a capital improvement.

The above violations are under the authority of city Los Angeles REAP as they are nuisance conditions, structural hazards, failure to manage, maintenance, electrical and lack of uniform compliance.
The attached city notices to comply and SCEP notice indicate the building is not in uniform compliance and has been declared to be substandard.

I am told by code enforcement that these issues have been the subject of hundreds of city of Los Angeles code violation complaints. The period for compliance has expired; the building or unit is the subject of one or more Orders, the violations result in deprivation of housing services and/or habitability/health and safety violations.

Reference: code violation complaint July 19, 2018 number 683278 is included in this complaint by reference. Code Complaint 683278 and this complaint indicate there is a deprivation of housing services, and/or habitability violations and that effect the health and safety of the occupants of the premises.

4-14-14 city Stop Work Order 8-6-14 city Stop Work Order
9-22-14 city Notice to Comply and Stop Work 5-16-17 city Notice to Comply
3-20-18 city SCEP notice
5-10-2018 city Notice to Comply
Public Health Dept order to Repair

All rights reserved.

Tenant 9  (Tenant Hi Point Apts)

1522 Hi Point St Apt 9 Los Angeles CA 90035

SEC. 151.02. DEFINITIONS.

(Amended by Ord. No. 184,822, Eff. 4/30/17.)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in Sections 12.03 and 152.02 of this Code, if defined therein. (Amended by Ord. No. 176,544, Eff. 5/2/05.)

Capital Improvement. The addition or replacement of the following improvements to a rental unit or common areas of the housing complex containing the rental unit, providing such new improvement has a useful life of five (5) years or more: roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, children’s play equipment permanently installed on the premises, the complete exterior painting of a building, and other similar improvements as determined by the Commission. Provided, however, that the complete exterior painting of a building shall only be considered as an eligible capital improvement once every ten (10) years. (Amended by Ord. No. 165,251, Eff. 11/20/89.)

Housing Services. Services 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. This term shall also include 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. (Amended by Ord. No. 154,808, Eff. 2/13/81.)

2016-5-20 Google Racism Pic Front Hi Point Crop

2018-8-3 Timber Clad 1522 at 502 pm

Failing timber clad at 1522 Hi Point St. Some tenants said they don’t mind paying rent money for lack of repairs. Taken Aug 3 2018.

Landlord. An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

Primary Renovation Work. (Added by Ord. No. 176,544, Eff. 5/2/05.) Work performed either on a rental unit or on the building containing the rental unit that improves the property by prolonging its useful life or adding value, and involves either or both of the following:

1. Replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit under the Los Angeles Municipal Code.

2. Abatement of hazardous materials, such as lead-based paint and asbestos, in accordance with applicable federal, state and local laws.

 

Rent. The consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, including but not limited to monies demanded or paid for the following: meals where required by the landlord as a condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits. (Amended by Ord. No. 154,808, Eff. 2/13/81.)

REAP EXCERPT:

Habitability Violation. Any violation of Section1941.1 of the California Civil Code, or a reduction or elimination of the following services if contracted for by the tenant, or if provided to the tenant at the time the tenant moves into his or her rental unit: elevators, security gates, and air conditioners.

Order. Any order or notice to comply, correct or abate a condition or violation issued by the Department, the Department of Building and Safety, the Health Department, the Fire Department, or their successors.

2. Upon acceptance of the complaint from a tenant or an enforcement agency, if the complaint is supported by an Order, then the complaint shall be treated as a referral to the REAP and rent reduction under Section 162.03, and shall be processed under that section.

Attachments

2014-4-14 Stop Work Order 1522 Apr 14.pdf (918.88KB)
2014-9-22 Notice to Comply Stop Work 1522 Code.pdf (1.16MB)
2014-8-6 Work 1522 Stop Order Clean.pdf (1.45MB)
2017-5-16 HCID Code Notice to Comply.pdf (1.03MB)
2018-3-20 SCEP Notice for Mar 27 Posted Mar 20.pdf (512.65KB)

2018-5-10 Posted Notice and Order to Comply at 1522.pdf (8.66MB)

2015-12-11 Email Order from County Health re Intercom.pdf.pdf (87.07KB)

 

(Editor: this email has been redacted. The picture does NOT appear in the REAP Complaint.)

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