Los Angeles CA Rent Control Apts – Apartments Rentals – Pros & Cons

Update July 16, 2017

[To Mayor Eric Garcetti, Code enforcement, rent control et al.] 

SUBJECT: Our rent agreement says rent is payable to “Hi Point Apts” not WREA- re 1522 Hi Point St a Rent Controlled Building

FROM: [TENANT NAME AND EMAIL REDACTED]

TO: Matt@WilliamsREA.com; welcomehome@williamsrea.com; hcidla.rso.central@lacity.org; mayor.garcetti@lacity.org; robert.galardi@lacity.org; maintenance@williamsrea.com; amozannar@gmail.com; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; bryan.kirkness@lacity.org; james.blythe@lacity.org;

CC: info@da.lacounty.gov; thefirstjew@yahoo.com; naacpla@sbcglobal.net; contact.center@dfeh.ca.gov;

DATE: Wednesday, July 12, 2017 11:25 PM

 

Housing Discrimination Los Angeles, California “White Privilege” 

[Personal rights] “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. Unruh Civil Rights Act 

To Williams Real Estate Advisors, Inc/Hi Point Apts LLC et al: 

1.Your latest notice said that rent checks are payable to : “Williams Real Estate Advisors”. This represents an illegal unilateral change in terms of tenancy. Our rent agreement for unit 9 says that rent gets paid to “Hi Point Apts”. Please revise your notice and state that our rent check must be made out to “Hi Point Apts LLC”. If this is not done in a reasonable amount of time, I reserve the right to file a complaint with rent control or a court of competent jurisdiction.

2.Please forward me a copy of your written agreement with Hi Point Apts so I can see that they told you our rent check must be payable to “Williams Real Estate Advisors”; I am a third party beneficiary to that agreement.

“…she should undergo racial sensitivity and residentlal apartment management training which also covers the state housing discrimination laws…”

3.Cynthia Ogan is the resident manager at Hi Point Apts 1522 Hi Point St. By letter tenants were told that tenants are to bring their “general concerns” to Ogan; the owner also supplied tenants with Ogan’s email and phone number. First, Ogan does not appear to know the fair housing laws and she should undergo racial sensitivity and residentlal apartment management training which also covers the state housing discrimination laws. Ogan has been in my unit at least twice and was supervising the repairs in my apartment and coordinating with maintenance Ali Mozannar and others. [June 2017].

“…the intercom remains un repaired…”

2017-5-6 Racism for rent sign 1522
RACISTS AMONG US: Alan Yochelson Ali Mozannar Arthur Belis Bryan Kirkness Byron Fuentes Charles Garcia Christine Ritsky Daniel Williams David Burkhead David V. Gomez David Whitehurst Denton Lorenzo Derrick Spencer Donald Matt Williams Edward Zavala Frank Bush Gail Owsley Gary Eshay Gregory Pomish Ian Yeom Ifa Kashefi Jade Beck James Blythe Jeffrey Fulton Jennifer Montana John Weight Ken Gill LADBS Lee Smith Manuel Hernandez Martin Hurtado Mayor Eric Garcetti Michael Alvarez Michael Kuhn Michael Soto Noel Ramirez [gave final approval to intercom replacement for select tenants and excluding Black tenants] Presiliano Sandoval Raymond Chan Richard Garcia Richard Schindler Robert Aldape Robert Galardi Rushmore Cervantes Steve Davey Steve Ongle Walter Barratt
2017-2-6 Intercom from Outside
How many white employees at WILLIAMS REAL ESTATE ADVISORS INC. and how many white inspectors at city code enforcement does it take to fix an intercom? Not working since 2014 by Hi Point Apts LLC. [WHITE PRIVILEGE: 15 white tenants have a working intercom.]
4.Ogan has participated in illegally denying tenants of unit 9 “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever” in that the intercom remains unusable and unrepaired. I consider this retaliation. When I asked her and Mozannar about my intercom [and another gentleman with them], Ogan said she did not know anything and Mozannar said he was only told to repair the bathroom sink. Ogan had previously asked me why did I need an intercom. Ogan has refused her duty to act in a reasonable and good faith manner and seek answers to my general concerns to her; I have letters where I was told to contact Mozaanar directly [or WREA], which I have done, but the intercom remains unrepaired. I hereby accuse Mozannar and WREA of unlawful retaliation because I complained.

5.If I ask Ogan a question, she should have a non­discriminatory and professional response in line with her duties. Saying why do you need an intercom or “I don’t know” are not acceptable responses to my concerns. Let me know Ogan gets the training she needs. That goes for her roommate Darren also as I have witnessed him performing resident manager duties on the property.

6.A notice needs to go to all tenants that only three dogs are permitted in the tenant unit at any one time. All tenants need to be alerted that if they see any tenant with more than three dogs, that tenant should be reported to management.

7.Any tenant, including Ogan, who cannot comply with the city animal/dog ordinance, should face eviction per the rental agreement and house rules.

8.Telling unit 9 to make rent payable to WREA instead of Hi Point Apts LLC also represents criminal fraud on the part of WREA which I am reporting to the Los Angeles County District Attorney’s office.

9. Under the racist Nazi regime of Williams Real Estate Advisors, Inc. et al, tenants unit 9 still have not been provided “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”

There is a cost associated with this email.

All rights reserved.

[TENANT NAME REDACTED]

Ham-Jew-DNA-Kushite/Black

1522 Hi Point St
Los Angeles CA 90035
c: NAACP/NOI; DFEH

“Therefore, the pure righteous do not complain of the dark, but increase the light; they do not complain of evil, but increase justice; they do not complain of heresy, but increase faith; they do not complain of ignorance, but increase wisdom.” Arpilei Tohar, p. 27-28. [As seen posted at Hi Point Apts] 

[LAMC states that an apartment owner can only charge a fee for a service if it did not appear in the rent agreement. Unit 9 cannot be charged a few for the tandem parking stalls.] 

“…liability for nuisance…”

“In distinction to trespass, liability for nuisance does not require proof of damage to the plaintiff’s property; proof of interference with the plaintiff’s use and enjoyment of that property is sufficient.” (San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893, 937 [55 Cal.Rptr.2d 724, 920 P.2d 669].) 

“The fact that the defendants’ alleged misconduct consists of omission rather than affirmative actions does not preclude nuisance liability.” (Birke v. Oakwood Worldwide (2009) 169 Cal.App.4th 1540, 1552 [87 Cal.Rptr.3d 602], internal citations omitted.)

“…landlord may not demand rent…”

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:] 

[Excerpt] Health and Safety Code 17920.3

HEALTH AND SAFETY CODE ­ HSC DIVISION 13. HOUSING [17000 ­ 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. )PART 1.5. REGULATION OF BUILDINGS USED FOR HUMAN HABITATION [17910 ­ 17998.3] ( Part 1.5 added by Stats. 1961, Ch. 1844. ) CHAPTER 2. Rules and Regulations [17920 ­ 17928] ( Chapter 2 added by Stats. 1961, Ch. 1844. )

17920.3. “Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of  limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:”

(a) Inadequate sanitation shall include, but not be limited to, the following:

(14) General dilapidation or improper maintenance. 

(c) Any nuisance.

(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

CIVIL CODE ­ CIV DIVISION 4. GENERAL PROVISIONS [3274 ­ 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 3. NUISANCE [3479 ­ 3508.2] ( Part 3 enacted 1872. ) TITLE 1. GENERAL PRINCIPLES [3479 ­ 3486.5] ( Title 1 enacted 1872. )  3479.  “Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.”

LAMC RAC regulations: 

“…Landlords who reduce housing services without a corresponding reduction in rent effectuate an increase in rent…”

410.03 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 increase in rent. The purpose of these regulations is to guide the Los Angeles Housing Department in its evaluation of a corresponding reasonable reduction in rent.

“…Housing services are services that are connected with the use or occupancy of a rental unit including, but not limited to…”

410.04 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).

[This email may be posted to the worldwide web.]

[EDITOR: This email has been redacted. Copies can be ordered from the city government thru a Public Records Act Request.]

 

 

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.

For more information click this link:

LA Housing Rent Commission Racism

What are the advantages and disadvantages to renting rent controlled apartments?

Pros: lower rents, predictable rent increases, limited reasons for eviction.

I am always surprised at the number of people who move into apartments when their income barely will pay the rent and they pay no attention to the laws effecting rent increases. When applying at a rent control building, the owner is required to post a notice that the building is subject to rent control.* Or you can verify it with the city. The city of Los Angeles, for example has pages and pages on their website explaining rent control under Los Angeles Municipal Code [“LAMC”]. These regulations are in addition to any laws passed by the State of California that regulate tenant rights. So say you know the building was built before 1978 and it is under rent control and it is a decent apartment, and not too far from your job, and the rent is $1000 for a one bedroom with all utilities paid and includes stove and refrigerator and a parking stall. Sixteen  months pass and all is cool, but then a new owner purchases the building. That is when all hell can break loose. Having lived in rent controlled and non-rent controlled, I find that when a new owner appears that seems to be when all the trouble starts because they will want to raise the rent and evict lowering paying tenants.  Harassment will be the owner’s favorite tactic.

“Would you rather your rent increase 3% over 12 months or have it increase 10% every three months?”

But back to rent controlled: the $1000 apartment you pay for a medium sized 550 square feet may go for $1700 in a newer non-rent controlled building. Under rent control the rent can generally only be raised once every twelve months in Los Angeles 3% and is not cumulative [some landlords tend to abuse this]; but under non rent controlled the rent can be raised repeatedly say $100 or more every other month and is there is no law against that. So if you are in a rent controlled building and being treated decent by the owner, you are probably getting a good deal. Would you rather your rent increase 3% over 12 months or have it increase 10% every three months?

“…you may face an increased level of government discrimination, corruption, and unresponsiveness”

Tenants are covered by the state laws on tenant landlord. That is one layer of protection. As with any law, if you cannot get local or state authorities to enforce the law, then you may have to seek attorney assistance or resort to do-it-yourself tactics. Those who live in rent controlled buildings can benefit from an increased layer of protection from rent control laws, but if you have a complaint that the government agency won’t enforce, you may face an increased level of government discrimination, corruption, and unresponsiveness. There are numerous links in this site that will show examples of lack of enforcement by rent control and housing agencies, to the detriment of the tenant. I know one example where the property owner reduced housing services but refused to give rent reductions required under Los Angeles rent stabilization ordinance; one such illegal rent increase amounted to $3.61 per month; may not sound like a lot but stretch that out over three years is $129.00 and multiply that by 100 tenants = $12,900. So you can see the incentive here why the city government and property owner may violate the rent control laws and participate in unlawful unjust enrichment. Complaining and enforcing your rights under law may not come without some costs. Most tenants of course don’t complain and that is what property owners depend on.

Cons: rent control regulations may not be enforced, bully tactics of landlords, only applies to buildings built 1978 and before [Los Angeles]

Having worked for government a number of years, and had experiences with government agencies, I find these agencies tend to mislead whether they will enforce your tenant rights. You may face lying and cheating and stealing from government officials if you try to assert your rights under rent control. If you are standing in the way of a owner who has managed his finances poorly but cannot raise your rent by $500 because you are under rent control, he will gladly resort to bully tactics to get you to move “voluntarily”. So in a rent control building, at least on paper you as a tenant have another layer of laws to protect you, but you will may face increased violation of quiet enjoyment by the owner who wants to raise your rent or who wants you out.

Evictions

Under Los Angeles rent control for example, there are only 12 reasons why a tenant can be evicted including failure to pay rent. In order to evict from rent control building, the owner must state one of those twelve reasons and report this to city rent control. What about in a non-rent controlled building? In that case, state law applies in California. Even if your rent is current, an owner only has to give you 60 days notice and you have to move. Study the laws for your particular city.

Bottom line: rent controlled apartments built before 1978 will cost you less than a market rate apartment and may  be bigger in square feet [Los Angeles]; rent increases will be predictable. Everything will probably go smoothly unless you try to assert your rights under rent control regulations.

*Cities with rent control are

California Tenants, A Guide to Residential Tenants' and Landlords' Rights and Responsibilities

Berkeley
Beverly Hills
Campbell
East Palo Alto
Fremont
Hayward
Los Angeles
Los Gatos
Oakland
Palm Springs
San Francisco
San Jose
Santa Monica
Thousand Oaks
West Hollywood

California DCA Publication Landlord Tenant

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Related Links

LA Housing Rent Commission Racism

http://articles.latimes.com/2007/jan/28/realestate/re-letters28

http://www.ehow.com/about_5349087_pros-cons-rent-control.html

http://homeguides.sfgate.com/advantages-disadvantages-rent-control-8406.html

http://people.opposingviews.com/pros-cons-rent-control-8385.html

Consumer Affairs State Laws Affecting Tenants

Google “Racism at Hi Point Apts 90035”

Click for Youtube Video on Hi Point Apts

[Notice: the opinions expressed in this site are those of the authors and should not be construed as representing the opinions or policy of any official or agency of the state of California. While this website is designed to provide accurate and current information about the law, readers should consult an attorney or other expert for advice in particular cases, and should also read the relevant statutes and court decisions when relying on cited material.]

1522 Hi Point Street Los Angeles, CA   90035- Hot Pads

1522 Hi Point Street Los Angeles, CA   90035- Trulia

1522 Hi Point Street Los Angeles, CA   90035- Zillow

1522 Hi Point Street Los Angeles, CA   90035- Zumper

1522 Hi Point Street Los Angeles, CA   90035- Redfin

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Updated September 19 2016

Los Angeles, California officials say Black tenant perceived 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]

Filed May 11, 2016. Johnson v. City of Los Angeles, et al. For more information on the lawsuit,  click link below:

Lawsuit Against Hi Point Apts, LLC et al.

Racism Hi Point Apts

“When a tenant makes a complaint that there has been a reduction in housing services in violation of housing codes related to habitability of a dwelling under California Health & Safety Code 17920.3 or 17920.10, the Los Angeles Housing + Community Investments Department will determine a corresponding reduction in rent under the Rent Escrow Account Program regulations (RAC Regulations 1200.00 et . seq).” City Los Angeles LAMC claimed by Mayor Eric Garcetti and Director Rushmore Cervantes.