Updated June 21 2020
Los Angeles voice and email message to various city employees and council offices demanding fair housing.
More Recent Communications with city employees
Updated August 19, 2017
Angelo Shannon
Karen Baggio
Walter Barratt
Eric Garcetti
Matt Williams
Jade Beck
Filip
[Editor note: this email below was sent again on August 19, 2017 at 2:44 p.m. to HCIDLA and Mayor Eric Garcetti]
Subject: Racism and Retaliation by City Los Angeles Code Inspectors is Prohibited Under the California Constitution – New evidence
From: [Tenant name and email redacted]
To: angelo.shannon@lacity.org; karen.baggio@lacity.org; mayor.garcetti@lacity.org; Matt@WilliamsREA.com; welcomehome@williamsrea.com; amozannar@gmail.com; maintenance@williamsrea.com; 1ccanary@gmail.com; walter.barratt@gmail.com; robert.galardi@lacity.org; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; james.blythe@lacity.org; bryan.kirkness@lacity.org;
CC: thefirstjew@yahoo.com; info@da.lacounty.gov; naacpla@sbcglobal.net;
DATE: Thursday, July 20, 2017 9:45 AM
Racism at Hi Point Apts
To whom it may concern including Hi Point Apts, LLC, Williams Real Estate Advisors, Inc., resident manager Cynthia Ogan, maintenance Mozannar Construction, et al; RSD, LADBS:
1.This email shall further memorialize the “inspection” yesterday by LADBS/HCIDLA code enforcement inspectors Angelo Shannon and Karen Baggio. At some future time I will provide a transcript of that inspection based on the video that appears on the worldwide web. I had asked for a Saturday or Sunday appointment and since yesterday was Wednesday I guess that request was ignored. Baggio claimed she had left me a voicemail but I emailed HCID/LADBS that I had returned that call but the person had not left their name or nature of their call. No 1954 CC notice of entry notice was served on me for yesterday’s unexpected visit by code enforcement.
2.I believe the duty of housing inspectors arises from the federal discrimination laws and constitutional amendments, many of which are mirrored in the housing and civil rights laws of the State of California and various court decisions.
3.For purposes of the intercom lack of maintenance issue only, I believe the inspectors sole purpose yesterday was retaliation against me because I complained about lack of full and equal services and privileges and because I complained about habitability and rent control issues.
4.Subject to this being forwarded to the city clerk and HCIDLA and LADBS with any required cover sheet, this email shall constitute a claim for damages for ….dollars against the city government of Los Angeles, HCIDLA, LADBS, and …….dollars each against each LADBS and HCIDLA employee without limitation and against Raymond Chan and Rushmore Cervantes, ….dollars each based on the actions/inactions stated in this email.
5.The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”Discrimination against a single individual—class of one An individual does not need to identify as a member of a class or a group to be entitled to equal protection. For the purposes of equal protection clause analysis, a class can consist of a single member. This “class of one” doctrine protects individuals from wholly arbitrary acts of state governments. To qualify for “class of one” equal protection, an individual must first show that he or she was treated differently from similarly situated persons and that the different treatment was intentional and had no rational basis. Then, the individual must show that this differential treatment flows from an illegitimate animus, rather than from coincidence, chance, or a permissible governmental classification. https://www.law.cornell.edu/wex/equal_protection . In this instant case, the city authorized retaliatory actions of city employees yesterday prove that I was treated differently that similarly situated individuals that the city government knows have the benefit and privilege of a working intercom. The city government is not permitted to make a classification of me that denies me full and equal housing.
6.“LADBS Code Enforcement aims to preserve and enhance the safety, appearance and economic stability of our community through the diligent enforcement of applicable ordinances and land use regulations.” Yesterday’s inspectors failed to exert diligent enforcement regarding the intercom “general dilapidation or improper maintenance” in H & S code 17920.3(a)(14) and (c) any nuisance and (d) all wiring…if it is currently in good and safe condition and working properly.”
7.The inspectors have denied tenants unit 9 any protection whatsoever under H& S code section 17920.3 i.e. improper maintenance, nuisance, and intercom wiring working properly.
8.The inspectors denied tenants unit 9 protection under Civil Code section 3479 from interference with the “comfortable enjoyment of life or property” that is afforded by the intercom system at 1522 Hi Point St, a city rent controlled building, and city inspectors failed to enforce tenants’ right to be free of injury from “obstructed the free use of property” the intercom system.
9.The inspectors are aware that by their intentional acts of failure to exert diligent enforcement that tenants unit 9 are denied the “full and equal privileges and services” afforded to fifteen other primarily White tenants in the building. CC 51,52.
10.Inspectors have not exercised any diligence required under GC 815.6 re the H & S code 17920.3 and the State Constitution Article I (discrimination prohibited) “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.”
11.I believe the inspectors, in trying to justify their illegal and criminal acts, said that James Blythe/Bryan Kirkland said that the intercom was not a “requirement” at the time of 1522 construction in 1973 and that it was added later (he failed to mention that a permit is needed for any new wiring and that such wiring connect to the main power supply for the building, such power supply “approved” by the LADBS certificate of occupancy),that the intercom was not operable at the time of unit 9 tenancy.
12.The city has thus admitted the intercom was installed in the building for the use of the tenants. Subject to the provisions of RAC regulations (LAMC) 410.03 and 410.04, the intercom, whether working at some time or not, was at all times subject to “ordinary repairs or replacement, and maintenance”. Under H&S code section 17920.3, a nonworking intercom would constitute “general dilapidation or improper maintenance”.
13.Inspectors have continued to use the self serving and discriminatory premise that the intercom unit 9 was not working at the time of occupancy. This is not true. The rental agreement, which the HCIDLA/LADBS has had a copy for years, states that at the time of occupancy unit 9 all services were in good working order, and this was signed by both tenants as well as the manager. This is undisputed. The city employees cling to their own false version of events simply for motivation of racial discrimination, retaliation, and denial of full and equal services and privileges, denial of ordinary repairs and maintenance of the intercom, etc. The inspectors engage in institutionalized, intractable racism against tenants unit 9.
14.The inspectors failed in their duty of diligence to respond to my complaint that the non working intercom is a nuisance under CC 3479 and should be enforced as “repair, replace, or remove”. The unsuspecting public does not know that the intercom box at the front of the building, is not fully operational, creating a health and safety hazard injurious to the public as well as other tenants, all authorized by the likes of Mayor Eric Garcetti and his Klan.
15.The city has admitted the intercom was a “housing service” available at the time tenants unit 9 rented the unit. Based on city regulations, and the rent agreement, tenants are entitled to housing services of repair and replacement and maintenance to the intercom, Since the city is aware that repair, replacement, and maintenance has not been provided the intercom unit 9, the housing service has thus been reduced from what is would normally be if the intercom was addressed.
16.The city RSD and LADBS cannot ignore the intercom; it is the city RAC regulations that authorize the intercom for purposes of the LADBS inspectors due diligence enforcement, according to Shannon’s reading.
17.The property owner and his agents are also required under state law and the rental agreement to address the maintenance of the intercom. By conduct of the parties, all tenants unit 9 are required to do is email or call the owner, resident manager, maintenance, or management company, and the repairs will be done. But due to racism and retaliation of the owner et al, this same expected conduct has been ignored in terms of the intercom repair or replacement.
“…The city employees cling to their own false version of events simply for motivation of racial discrimination, retaliation, and denial of full and equal services and privileges, denial of ordinary repairs and maintenance of the intercom, etc. The inspectors engage in institutionalized, intractable racism against tenants unit 9…”
18.The city employees collude with the property agents and owner to falsely and deceptively represent to the Public that there is a fully operation intercom system at Hi Point Apts, LLC without alerting the public to the racism and retaliation and deprivation of rights involving the intercom system.
19.The owner and his agents assumed full legal responsibility for the intercom system and its repair and maintenance, by the 2014 building purchase, and by inspection of all intercoms, and continuing to have an intercom system in the building. The city has legal responsibility for every portion of the building as well as legal responsibility for the non discriminatory disbursements of all housing services in this rent control building. The city is jointly and severally liable, and due to the rent control special relationship established.
“Discriminating…. foments social unrest.” California Govt Code 12920
20.”… standard that permits abandonment whenever a landlord’s “acts or omissions [render the premises] unfit for the purposes for which they were leased.” (Groh v. Kover’s Bull Pen, Inc. (1963) 221 Cal. App. 2d 611, 614 [34 Cal. Rptr. 637]. Landlord is prohibited from demanding rent due to the nonworking intercom.
21.As I told the inspectors, as long as the intercom remains un repaired or replaced, and I have not received rent reimbursements/reductionsan illegal rent I will continue to exercise any and all legal rights and duties to seek repairs, and in the Public Interest. [“Racism…. foments social unrest.” California legislature]
All rights reserved.
[Tenant name redacted]
The Black Tenant
1522 Hi Point St #9
Los Angeles CA 90035
reference Govt code sections 12955 and 12955.8
**********************
Dick Gregory Dies Aug 19 2017
GOD BLESS DICK GREGORY. Who knows what the world would have been like if instead of laughing —with the likes of Dick Gregory, George Carlin, and Richard Pryor—rather we took them seriously?
[Check out one of Dick Gregory’s books at the link below:]
“Dick Gregory’s Natural Diet for Folks Who Eat: Cookin’ With Mother Nature”
Subject: Discrimination Complaint Against HCIDLA and Inspectors Angelo Shannon and Karen Baggio- subject to claim for damages
From: [tenant name and email redacted]
To: hcidla.rso.central@lacity.org; mayor.garcetti@lacity.org; robert.galardi@lacity.org; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; bryan.kirkness@lacity.org; james.blythe@lacity.org; Cc: thefirstjew@yahoo.com;
Date: Wednesday, July 19, 2017 3:22 PM
HCIDLA
1200 W 7th Street
Los Angeles CA 90017
866-557-7368
hcidla.rso.central@lacity.org
HCIDLA
Code Enforcement Division
1645 Corinth Avenue Suite 104 Los Angeles CA 90025
Claimant is a Black American , a member of a group that Congress intended protection.
Claimant was entitled to housing service useable intercom and maintenance, the same as similarly situated white tenant citizens.
Claimant was denied housing service useable intercom and maintenance July 19, 2017.
After the denial of housing service useable intercom and maintenance , respondents continue to provide housing service useable intercom and maintenance to citizens of the white race.
On May 8, 2017, Cynthia Ogan and Ali Mozannar entered unit 9. Claimant Geary Johnson informed them the intercom was still not working and asked them to repair it. The intercom was not repaired nor was claimant given a date as to when the intercom would be repaired. Claimant informed by email the owner Hi Point Apts LLC, city Los Angeles HCIDLA and Rent stabilization department, Williams Real Estate Advisors Inc, city employees Robert Galardi, Presiliano Sandoval, Lee Smith, Daniel Williams, David Whitehurst, Kristine Ritzke, and Mayor Eric Garcetti, Rushmore Cervantes that the intercom needs repair.
I believe the real reason why my intercom is not repaired or replaced is due to my race and color, African American, and Black, and retaliation because I complained of acts made unlawful by the Unruh Act and government code Civil Code, Division I, Part 2 Section 51, et seq. Unruh Civil Rights Act, California government code 12955 to 12956.2 and 12980 to 12989.3.
On March 23 2017 the unit and intercom was inspected by code enforcement city HCIDLA. The city has the authority to arrange for the repair of the intercom, and then bill the owner at a reimbursement cost of 150 per cent. The city has not repaired the intercom or replaced it, nor have I been told by the code enforcement that they have ordered the owner to repair or replace the intercom.
On May 9, 2017 I received a notice of intent to enter premises. The notice did not state the approximate hours of the time to enter, the notice did not state the time at all. I consider the notice retaliation because I complained and discrimination against me as a Black citizen entitled to a notice stating the approximate hours of entry. I consider the notice also as intent to commit criminal trespass against myself as a Black American. The notice was signed by Hi Point Apts resident manager Cynthia Ogan. This is a rent control building under HCIDLA and apparently the HCIDLA does not have any anti-discrimination enforcement remedies available to me.
On May 11, 2017 at 9:55 am I spoke with Cynthia Ogan and Ali Mozannar in person at unit 9 and stated the need for intercom repairs and no attempt was made to repair or replace the intercom. I had been told repeatedly by letter to contact Mozannar directly for repairs.Fifteen out of 18 units have been provided working intercom of which most of those tenants are Caucasian or non-Black.
On July 19, 2017, city code enforcement inspectors entered the unit 9. After a lengthy discussion, the inspectors refused to cite the property for the non-working intercom and its wiring. The inspectors were prejudiced by the fact they believe the intercom is not a housing service for Blacks, but it is a housing service for the more or less 15 white tenants, and that they believe the code enforcement does not have jurisdiction over all portions of a building. Angelo Shannon believes that something is wrong with Blacks who complain about denial of fair housing but did not say whether he believes this does not apply to himself as a Black American.
The Mayor of Los Angeles is Eric Garcetti. The Los Angeles County District Attorney is Jackie Lacey.
Seeking recovery out of pocket losses, an injunction prohibiting the unlawful practice, access to housing services, policy changes, damages for emotional distress, civil penalties, and punitive damages for retaliation and malice, ……. against each party named including the HCIDLA.
All rights reserved.
[Tenant name and phone redacted]
1522 Hi Point St #9
Los Angeles, CA 90035
Subject: Today’s Negligent Inspection at 1522 Hi Point St Los Angeles CA- Continuing Racism by City Code Enforcement
From:[Tenant name and email redacted]
To: hcidla.rso.central@lacity.org; mayor.garcetti@lacity.org; robert.galardi@lacity.org; angelo.shannon@lacity.org; karen.baggio@lacity.org;
Cc: thefirstjew@yahoo.com; matt@williamsrea.com; maintenance@williamsrea.com; info@da.lacounty.gov; amozannar@gmail.com; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; bryan.kirkness@lacity.org; james.blythe@lacity.org; contact.center@dfeh.ca.gov;
Date: Wednesday, July 19, 2017 2:02 PM
Black City Employees Deny Black Tenants Fair Housing
This shall verify that city code enforcement inspectors were here about 1:45 p.m. Inspector Angelo Shannon attempted to obstruct my right to videotape public employees in the performance of their duties. Byron Wilson interfered with my right to report a housing deficiency to public employees.
Inspectors Karen Baggio and Angelo Shannon inspected the bathroom sink and kitchen sink garbage disposal which appear to be operating correctly. [Editor: Brand new garbage disposal and brand new bathroom fixture and copper tubing were installed.] Both inspectors are African American. Baggio indicated that inspectors Blythe and Kirkness are part of the city wide government conspiracy to deny Blacks fair housing. Angelo said he is only a messenger [I think he is one of the prime architects of housing discrimination in Los Angeles.] I mentioned to them that the intercom system is still not operational.
This is intended to be indicative but not all inclusive: Angelo indicated that code enforcement said it does not have jurisdiction over all portions of the building; I disagreed stating that the state Building Code states they do have jurisdiction over all portions of the building which includes the intercom and its wiring; that the CFO for the building approved the electrical box that powers the intercom; that the city employees have a mandatory duty under the State California Constitution not to discriminate against me as a Black American ; that the code enforcement is denying me full and equal privileges and housing services; that the intercom system was operational when I moved here in 2010; that the intercom is a “housing service” as defined by the city RAC [below]; that fifteen tenants who are white have a working intercom while the Black tenants in unit 9 do not have a working intercom and were skipped over, without explanation from the city rent control for this housing discrimination. The code enforcement inspections have granted “finals” [CFO approval] to fifteen units that have working intercoms as a housing service with working wiring in good repair.
The code enforcement inspections have granted “finals” [CFO approval] to fifteen units that have working intercoms as a housing service with working wiring in good repair.
Angelo indicated that he feels something is wrong with me for continuing to complain about the intercom not working. I told him I will continue to complain until it is repaired or replaced as is my right and obligation under local law, state law, and the rent agreement.
I consider the actions and words of Angelo as obstructing and interfering with my right to complain. There was no indication, however, that the code enforcement is any way telling the property owner NOT to repair or replace the intercom.
Unit 9 rent agreement states: ” section “6. Good Condition Receipt”, it states, “Renter has examined the premises, including but not limited to, the furniture, furnishings, fixtures, appliances, and equipment provided by Owner and set out on Section M. windows, doors, plumbing and electrical facilities, hot and cold water supply, building grounds and appurtenances, accepts the same “AS IS” and acknowledges that the same are in good, clean, and sanitary order, condition and repair…”. [Emphasis added.]” This was signed by both tenants as well as the manager in 2010. The word “amenity” does not appear in my rent agreement.
However if Angelo maintains the city has no jurisdiction over “amenity” this is the definition: a.men.i.ty noun. a desirable or useful feature or facility of a building or place.”heating is regarded as a basic amenity” synonyms: facility, service, convenience, resource, appliance, aid, comfort, benefit, feature, advantage
City code enforcement has failed to diligently investigate the intercom as a health and safety violation general dilapidation and improper maintenance. H & S code below. RAC regulations that authorize “maintenance” and “ordinary repairs and replacement”.
City code enforcement has failed to diligently investigate the intercom as a health and safety violation general dilapidation and improper maintenance. H & S code below. RAC regulations that authorize “maintenance” and “ordinary repairs and replacement”.
[In Los Angeles Superior Court case Johnson v. Ogan, the LB Property Management has admitted as true allegations that the city employees practice housing discrimination against Blacks. Case 17IWSC 03877].
Racism Under Mayor Eric Garcetti
All rights reserved.
[Tenant full name redacted]
Ham-Jew-DNA-Kushite/Black
1522 Hi Point St
Los Angeles CA 90035
attachment : Letter from LA County Health department ordering owner to repair or replace intercom: 2015.
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 the following listed conditions to an extent that endangers the life,
Appurtenance | Definition of Appurtenance by Merriam-Webster
https://www.merriam-webster.com/dictionary/appurtenance
Definition of appurtenance. 1 appurtenances plural : accessory objects the appurtenances of wealth. 2 law : an incidental right (such as a right-of-way) attached to a principal property right and passing in possession with it. 3 : a subordinate part or adjunct The appurtenance of welcome is fashion and ceremony. —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.
• 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:
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.
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).
[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
Retaliation and Agent Liability CCC Section 1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law.
In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.
(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.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
Attachments
2015-12-11 Email Order from County Health re Intercom.pdf.pdf (87.07KB)
2017-5-10 Sign Protest City Hall .jpg (2.32MB)
2017-6-2 Racism sign at the Pink.JPG (2.86MB)
Subject: Intercom Still Not Useable – 1522 Hi Point St #9 – A Rent Controlled Building
From: [Tenant name and email redacted]
To: Matt@WilliamsREA.com; amozannar@gmail.com; maintenance@williamsrea.com; welcomehome@williamsrea.com; mayor.garcetti@lacity.org; hcidla.rso.central@lacity.org; robert.galardi@lacity.org; 1ccanary@gmail.com; presiliano.sandoval@lacity.org; lee.smith@lacity.org; daniel.williams@lacity.org; bryan.kirkness@lacity.org; james.blythe@lacity.org;
CC: naacpla@sbcglobal.net; thefirstjew@yahoo.com;
Date: Wednesday, July 19, 2017 9:50 AM
CYNTHIA OGAN 1522 HI POINT ST 1 LOS ANGELES 90035 [Via email]
Mozannar Construction Inc. Ali Mozannar
10721 Bloomfield Street Ste l, North Hollywood, CA 91602 [Via email]
Williams Real Estate Advisors [“WREA”] 2701 Ocean Park Blvd. Suite 140
Santa Monica CA 90405
[Via emaiI]
Interference with the Comfortable enjoyment of property; decrease in maintenance services; false and fraudulent business practice; malice; neglect of duty participated in by all parties
I believe that the nonappearance by LBPM property management [Court hearing July 18, 2017 Small Claims Case] indicates it admitting that the allegations of the complaint are true, and true against all defendants, as admission of YOUR liability [and racism].
As I continue to suffer damages of nonworking intercom, and actual damages to address the repair/replacement, the laws quoted herein may be repeated in future emails/letters as an assertion of my rights.
First, under the rent agreement, I have an obligation to report maintenance issues. Second, under written communications from the owner, I am to report my “general concerns” to Ogan as resident manager. Ogan has been in my unit numerous times concerning maintenance issues so her resident manager duties are pretty well established; the owner gave me her phone number and email. Since you already know all this, I consider your allegation of “harassment” as retaliation. Ogan has a duty to all tenants, and she needs to figure out how to comply with that duty.
My understanding, and I could be incorrect, is that the word “harass” while anyone can claim it as freedom of speech [as Matt Williams is on record as saying it when I asked him when my intercom would be repaired, witnessed by Ali Mozannar], it is a legal term defined and determined by the courts. I provide here the state law defining harassment and you will see why it does not apply to my actions, but does apply to your actions of making false charges: [I quoted this law to you before and you continue to ignore it. If you persist with court action, I reserve the right to supena witnesses including Ogan’s roommate and the purchaser of the property Walter Baratt. I suppose if you get a court order, than I get to appear in court and tell the Judge I believe you are a racist. I remind you that if you file false criminal charges of harassment, you can be liable for fines and jail time. Here is an excerpt as it relates to my rights:
CODE OF CIVIL PROCEDURE CCP
PART 2. OF CIVIL ACTIONS [307 1062.20] ( Part 2 enacted 1872. )
TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 574] ( Heading of Title 7 added by Stats. 1974, Ch. 1516. ) CHAPTER 3. Injunction [525 534] ( Chapter 3 enacted 1872. )
527.6. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
(b) For purposes of this section:
(1) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(2) “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate purpose.
(3) “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.
As you can see from the legal definition above, I have not engaged in “stalking”, I have not made “harassing” telephone calls although I have called and asked about the intercom repair, I have not sent “harassing” correspondence, but I have engaged in state “constitutionally protected activity”. In addition, my contacts with all parties are for a legitimate purpose that starts with the rent agreement and extends to laws under local and state law re housing and civil rights. If you want to face off in court on this issue, I will be prepared, and I will seek damages against Walter Barratt et al, otherwise I don’t expect to hear anymore on that subject from the defendants, other than the copy I requested of your allegations of harassment. I remind you that my rent money helps pay for your salary.
All of you are bound by the laws I quote herein. Owners, contractors, managers, management companies, leasing agencies, and agents of property owners are all bound under state civil rights and housing discrimination laws. I encourage you to internet search those laws and cases.
If you feel harassed because I am Black, then you have a personal discrimination problem which you need to address as in racial sensitivity training.
There are continuing damages here. When I pay my rent, or write an email seeking intercom repair, it constitutes new evidence. I hope you understand what “new evidence” means.
I incorporate herein by reference, and I suggest you read GC sections 1295512957 which is “Article 2. Housing Discrimination” that discuss the duties you are bound by: 12955(a) re “owner”; 12955(d) “any person”; 12955(f) re “owner” and illegal to “otherwise discriminate”; 12955(g) “any person”; 12955(i) re “real estate transactions”; 12955.8 re “unlawful practices” “failure to act” “direct or circumstantial evidence” “proof of violation” “effect, regardless of intent”.
There is legal basis for writing this email and this it is not intended to “harass” any of the defendants. Any claims of harassment by any defendant, without a written legal justification, will be deemed unlawful retaliation. As always, as I assert my government protected legal rights herein, nothing is intended to be construed as legal advice. This email is “constitutionally protected activity”.
The foregoing is not intended to be a complete recitation of all applicable law and/or facts, and shall not be deemed to constitute a waiver or relinquishment of any of [tenant’s] rights or remedies, whether legal or equitable, all of which are hereby expressly reserved, including [tenant’s] right to all available remedies against Respondents, including but not limited to the recovery of costs and attorneys’ fees.
All rights and remedies are reserved. I reserve the right to modify, revoke, or amend this email at any time. It is not intended as a remedy or resolution of any claims against the defendants named.
“constitutionally protected activity”
[Tenant name redacted]
1522 Hi Point St #9
Los Angeles CA 90035
[There is a cost associated with this email as it may also be first class mailed]
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:
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.
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).
Unruh Civil Rights Act
[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.
Retaliation and Agent Liability CCC Section 1942.5.
(a) If the lessor retaliates against the lessee because of the exercise by the lessee of his rights under this chapter or because of his complaint to an appropriate agency as to tenantability of a dwelling, and if the lessee of a dwelling is not in default as to the payment of his rent, the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following:
(c) It is unlawful for a lessor to increase rent, decrease services, cause a lessee to quit involuntarily, bring an action to recover possession, or threaten to do any of those acts, for the purpose of retaliating against the lessee because he or she has lawfully organized or participated in a lessees’ association or an organization advocating lessees’ rights or has lawfully and peaceably exercised any rights under the law. In an action brought by or against the lessee pursuant to this subdivision, the lessee shall bear the burden of producing evidence that the lessor’s conduct was, in fact, retaliatory.
(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.
(h) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
LB Property Management admits as true racism charges against Williams Real Estate Advisors, Inc.
Subject: Intercom still not repaired or replaced at 1522 Hi Point St Unit 9 90035
From: [Tenant name and email redacted]
To: maintenance@williamsrea.com; amozannar@gmail.com; welcomehome@williamsrea.com; Matt@WilliamsREA.com; mayor.garcetti@lacity.org; robert.galardi@lacity.org; presiliano.sandoval@lacity.org; 1ccanary@gmail.com; lee.smith@lacity.org; daniel.williams@lacity.org;
cc: thefirstjew@yahoo.com; naacpla@sbcglobal.net; hcidla.rso.central@lacity.org;
Date: Friday, July 14, 2017 10:56 AM
To whom it may concern:
This email shall verify that at about 10:30 am your maintenance crew was in unit #9 working on the bathroom sink patching the hole in the wall.
No attempt was made to repair or replace the non-working intercom. This represents continuing housing discrimination, retaliation, negligence, unreasonable and bad faith conduct, and failure to comply with obligations under the rental agreement, and reduction of maintenance to the intercom.
All rights reserved.
[Tenant name redacted]
1522 Hi Point St
Los Angeles CA 90035
[Editor note: the city government code enforcement approved permits for fifteen units for brand new breaker electrical box and intercoms and also inspected and gave final approval for same units. Those units are occupied by primarily white tenants. However, the city code enforcement and rent control claim they have no authority over the lack of intercom maintenance for two Black tenants. Hi Point Apts is known as the city’s “torture chamber” These emails have been redacted but are subject to a California Public Records Act request.]