LA County District Attorney Told of Illegal Buyouts-No Response- Requests Licenses be revoked

Updated March 16 2017

Subject: Criminal fraud in city Tenant Habitability Program and at 1522 Hi Point Apts and Criminal denial of due process

From: [Tenant name redacted]

To: info@da.lacounty.gov;

cc: mayor.garcetti@lacity.org; hcidla.rso.central@lacity.org; david.whitehurst@lacity.org; thefirstjew@yahoo.com; jcross@LBPM.com;

Date: Thursday, March 16, 2017 4:46 PM

 Jackie Lacey, et al, stop bullshitting the people of Los Angeles. 

“Criminal fraud in city Tenant Habitability Program and at 1522 Hi Point Apts and Criminal denial of due process” 

I ask that the DA’s office, and your cohorts at Rent Stabilization Division, provide me the Public Records for the past ten years that show which Los Angeles residents by address, apartment number, and date received a THP application and permanent relocation monies under the THP or Ellis act, for any and all apartments in Los Angeles, including but not limited to this address. 

Los Angeles County District Attorney’s Office Bureau of Fraud and Corruption Prosecutions Public Integrity Division
211 West Temple Street Suite 1000 
Los Angeles CA 90012 

To whom it may concern LA County District Attorney office Jackie Lacey et al:

I have received your recent email dated March 14 2017 as well as your letters dated February 22 2017 and March 8, 2017. As long as I believe there is criminal activity concerning the city THP program, and as long as I believe I am as s senior citizen at risk of injury from such criminal housing activity, in the Public Interest, I will continue to seek the assistance of the County District Attorney’s office.

PENAL CODE SECTION 484-502.9  

484. (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.

“…the LA Times has uncovered major corruption, now being investigated by our LA District Attorney.”Voter Pamphlet 2017, sent to thousands of Los Angeles residents 

“Every tenant in Los Angeles should understand their rights, especially in a tight housing market, and landlords should know their responsibilities,” said Mayor Garcetti. “The RSO is the most powerful tool we have to keep families and neighborhoods together, and this ordinance will help protect vulnerable populations — like senior citizens and immigrants — from displacement. As we work to build new affordable housing, we also must make sure that residents know about protections that are already in place.”  December 15 2016 city website talking about the city THP and Ellis buyout program 

“The Los Angeles County District Attorney’s Office is dedicated to protecting our community through the fair and ethical pursuit of justice and the safeguarding of crime victims’ rights”. Website LA County District Attorney

“Urban planners in Los Angeles do not have renters’ best interests at heart. By pitting “new renters” against “old renters,” collectives like Abundant Housing and the armchair planners found in local media embrace gentrification and ignore the systemic issues of race, history, and displacement in urban development.” L.A. Tenants Union 

Under GC 815.6, you have failed to exercise reasonable diligence to discharge your duty; your mandatory duty is spelled out in the California Constitution: “Under CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 31. (a) The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (f) For the purposes of this section, “State” shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. (g) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California anti-discrimination law.” Under CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 26. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.”

DA: Your office has done nothing to safeguard crime victim’s rights at 1522 Hi Point Apts, as related to you over the past two years regarding the application of the city THP program at this address. where numerous tenants did not receive the THP application and/or permanent relocations monies. Most recently based on information and belief the tenant who vacated apartment 15 around December 2016 never received the THP application or the entitled relocation monies, and neither did tenant unit #18. This is well documented with the city.

Recently, as mentioned in your letter, being on the property without the authorization of the “construction site notice” would mean the contractors were trespassing; unless I am speaking in a language unknown to the DA, “trespassing” is a criminal offense under the jurisdiction of the Police and the District Attorney. 

It appears from both of the letters from the County DA and also a subsequent email that there is a failure to comprehend what is fraud and corruption in the city government of Los Angeles.

Over the past two years I have given you over a sufficient amount of information to prosecute the property owners and also the city government employees regarding the failure by the city to enforce the THP regulations and the failure by property owners to comply with the THP regulations, to the detriment of select tenants, and the evidence is proven beyond a reasonable doubt.

Jackie Lacey, et al, stop bullshitting the people of Los Angeles. 

I ask that the DA’s office, and your cohorts at Rent Stabilization Division, provide me the Public Records for the past ten years that show which Los Angeles residents by address, apartment number, and date received a THP application and permanent relocation monies under the THP or Ellis act, for any and all apartments in Los Angeles, including but not limited to this address.

As such, your letters and emails and any voicemails are not acceptable as a resolution to the claim for damages against the office of the Los Angeles County District Attorney.

All rights reserved.

[tenant name, address, phone redacted]

c: Mayor Eric Garcetti, HCIDLA, city inspector David Whitehurst, LB Property Management agent for Hi Point Apts LLC, Los Angeles Times

GC 815.6 . Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused  by its failure to discharge the duty unless the public entity establishes that it exercised reasonable diligence to discharge the duty.

Ref: Letters from office of the DA to me; true and correct text copies below:

“February 21st 2017. We are in receipt of your letter received via email on February 19th 2017 alleging a violation of law based on the fact that unidentified public officials failed to post a “construction site notice” at the site of ongoing construction work at a rent-controlled apartment complex. You also request us to investigate ‘LA government corruption THP(sic) program….’

“With limited exceptions that do not apply here, the Los Angeles County District Attorney’s Office investigates and prosecutes violation of the criminal law. The conduct described here does not appear to constitute a crime. Further the allegations as written are insufficient to Warrant a criminal investigation of corruption. Therefore we take no action. However if you have additional information please presented to us at your earliest convenience.”

Your March 7th 2007 letter : “We have received your letter dated February 15th 2017. If you believe a crime has been committed you should contact the responsible law enforcement agency. The responsible agency is the police department or Sheriff’s Department where the alleged crime occurred which in this case appears to be the Los Angeles Police Department. The law enforcement agency will initiate an investigation if it believes criminal violations have been committed. The District Attorney’s Office will pursue cases presented by law enforcement in which one or more crimes can be proved beyond a reasonable doubt.”  That letter was signed by Jackie Lacey and Renee Chang, Special Assistant Bureau of Fraud and Corruption Prosecutions. The county letterhead is from Jackie Lacey, John K. Spillane and Joseph Esposito and signed by Jackie Lacey and Alan Yochelson, Head Deputy.

[Seems like that would be enough people to investigate the relocation monies that we’re supposed to go to tenants at 1522 Hi Point Street and other addresses in the city, seems like it would be enough people to investigate. Unless they are just sitting on their ass collecting a paycheck for nothing.]

[Editor: this email has been redacted]

 

Subject: Criminal fraud at 1522 Hi Point Apts

From: [Tenant at 1522 Hi Point St name redacted]

To: info@da.lacounty.gov;

Cc: jcross@lbpm.com;

Date: Thursday, December 29, 2016 5:08 PM

Los Angeles County

District Attorney’s Office

211 West Temple Street

Suite 1200

Los Angeles, CA 90012

Dear DA:

I have contacted you before about criminal fraud at this property. I believe it is worse than just this building but encompasses other buildings owned by Hi Point Apts, LLC and managed by LB Property Management, Inc.

First, tenants who face primary relocation, which in this building there were nine, under city rent control are entitled to receive as administrative due process a tenant habitability plan [“THP”]. None of those tenants received the plan so as a consequence their constitutional rights were violated. Second, those apartments since they were not processed under the THP process, could not charge new tenants rent amounts over the amount of the previous tenant. In many cases the owner raised the rents improperly by $500 per unit, criminal fraud against any new tenants. Third, back to the original nine tenants (may be ten now), if they did not receive the THP package, then they never received the required amount of permanent relocation monies. Those amounts could be about $10,000- $19,000 per person.

I am enclosing a sample proposed agreement given to tenant [apt 15 name redacted] in order for her to move out in the face of primary renovations. Notice it is not the required THP form nor does it mention monies for permanent relocation or the THP process. I believe the proposed agreement is criminal fraud since the proposed agreement deprives her of the THP form and possible $19,000.

I also remind you that the city regulations prohibit any agreements outside the THP process, that the THP form is the only form the tenant is legally required to sign, and does not have to give up the rights that the attached form proposes.

Please investigate Hi Point Apts, LLC, Williams Real Estate Advisors, Inc., LB PropertyManagement, Inc. for criminal fraud and up to and including revocation of their real estate broker licenses. In the Public Interest.

All rights reserved.

 

[Tenant name, address, phone redacted]

c: LB Property Management inc. thru email to Julie Cross and includes Robert Lopata, Gregg Bernstein, Brandon Stein, Brian Theobald, Ccam, Salle Yerumyan, Greg De Rubeis.

Attachments

[Editor: In my opinion, the District Attorney office is another bullshit  government agency that should have their federal funding revoked. They knew about illegal tenant buyouts in the city of Los Angeles by unscrupulous landlords and did nothing. Probably because most of their friends are the landlords.]