DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

State Department of Fair Employment and Housing Department of Fair Employment and Housing  2218 Kausen Drive, Suite 100 Elk Grove, CA 95758

Name of who this complaint is filed against:

HI POINT APTS LLC

Agent for service Walter Barratt

226 Carroll Canal

Venice CA  90291 Phone 310-895-6693

WILLIAM REALTY ADVISORS

c/o eResidentAgent, Inc, Agent for Service

12121 Wilshire Blvd., Suite 1201

Los Angeles  CA   90025

CITY OF LOS ANGELES

CITY CLERK

200 NORTH SPRING STREET ROOM 395

CITY HALL

LOS ANGELES  CA   90012

COUNTY OF LOS ANGELES

Executive Officer Board of Supervisors

Attention: Clams

500 West Temple Street Room 383

Los Angeles  CA   90012

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

State Department of Fair Employment and Housing                                                                                            Department of Fair Employment and Housing                                                                                                            2218 Kausen Drive, Suite 100                                                                                                                                               Elk Grove, CA 95758

Because of:

Age

Race

Retaliation because I opposed practices made unlawful by the Unruh Act et al. and Government Code 12900 FEHA.

1. File a Pre-Complaint Inquiry online, by phone or by mail. A Pre-Complaint Inquiry can be filed by individuals, the Director of DFEH, or a community organization.
2. Within 60 days of receipt of the Pre-Complaint Inquiry, an investigator will contact the complainant by telephone to conduct an intake interview.
3. If a complaint is accepted for investigation, the investigator will draft the complaint and secure the complainant’s or the complainant’s representative signature on the complaint.

I disagree that the DFEH has any authority to stop a person from filing a complaint. My right is to file a complaint, and your job is to process the complaint. You do not have authority to refuse to process a complaint by creating a pre-intake and at that point denying the complaint; this constitutes an abuse of discretion, abuse of authority, and denial of due process by the DFEH. I will continue to seek suspension of federal funds to the DFEH due to denial of due process.

“Hi Point Apts has admitted to illegal discrimination”

That the property owner by statements alluded to by the DFEH in a letter dated May 18 2016, has admitted to illegal discrimination against myself due to my race, Black, and age over 60.

The reasons given by the Hi Point Apts, in conspiracy with the city, county, DFEH, and HUD, for denial of housing services intercom and tandem parking stall are pretextual; I believe the real reasons are due to my race, Black, age over 60, and because I complained about and opposed discrimination made unlawful as defined under Government code 12927. The owner reasons — I have not received any verified statement by the owner written to me so I consider the DFEH statements as self-serving hearsay — nevertheless, do not meet the HUD requirements of substantial, legitimate, non-discriminatory interest. These are the statements from the May 18, 2016 DFEH letter which I believe constitute unlawful discrimination:

“The Respondents asserted none of the intercoms in the building were working when they took over management, but they began installing working intercoms as tenants vacated the premises and they had a chance to renovate the empty units.”

“They [Respondents] stated the four units with non-working intercoms, including your apartment, are occupied by long term tenants, which is why those units continue to have intercoms that do not work.”

HUD regulations state “a facially-neutral policy or practice that has a discriminatory effect violates the Act if it is not supported by a legally sufficient justification”.

The statements above attributed to the owner which he has not denied, are not supported by a legally sufficient justification are discrimination as defined under these sections of GC 12927, as they apply to the owner’s et al. denial of apartment with working intercom and denial of apartment with tandem parking stall:

12927.  As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context:

   

   (c) (1) “Discrimination” includes:

refusal to sell, rent, or lease housing accommodations;

includes refusal to negotiate for the sale, rental, or lease of housing accommodations;

includes representation that a housing accommodation is not available for inspection, sale, or rental when that housing accommodation is in fact so available;

includes any other denial or withholding of housing accommodations;

includes provision of inferior terms, conditions, privileges, facilities, or services in connection with those housing accommodations;

includes harassment in connection with those housing accommodations;

includes the provision of segregated or separated housing accommodations;

   

   (d) “Housing accommodation” means any building, structure, or

portion thereof that is occupied as, or intended for occupancy as, a

residence by one or more families and any vacant land that is offered

for sale or lease for the construction thereon of any building,

structure, or portion thereof intended to be so occupied.

   (e) “Owner” includes the lessee, sublessee, assignee, managing

agent, real estate broker or salesperson, or any person having any

legal or equitable right of ownership or possession or the right to

rent or lease housing accommodations, and includes the state and any

of its political subdivisions and any agency thereof.

California Civil Code

51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.

(b) 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.

California Civil Code 52.1. (a) If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts
to interfere by threat, intimidation, or coercion, with the exercise
or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated.

(b) Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured, including appropriate equitable and declaratory relief to eliminate a pattern or practice of conduct as described in subdivision (a).

“52. (a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the

actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.

(b) Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following:

(1) An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages.

(2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice. “

The retaliation and denial of rights by the property owner, aiding and abetting with the city government, state government, and HUD employees, has violated the law as enumerated under California Civil Code section 52 above and under civil code section 51(b) I have been denied as a Black tenant over the age of 60, and because of my race and age,   “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever”. 

“Federal law

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful–

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. “

LAMC. 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.)

The owner representations herein admit that intercoms for each apartment can be installed separately for each apartment without the entire system being dependent on all 18 intercoms bring connected.

The names of former or current tenants at the 1522 Hi Point St property include [redacted].

DATE ON INJURY: MAY 18 2016 AND CONTINUING.

Damages :[redacted]

I look forward to your response. All rights reserved.

[Tenant name redacted]

June 11 2016.

[This has been an Attachment to DFEH Complaint/Pre-Complaint Inquiry Form Via Email.]

[This has been redacted.]

“Racists Among Us”

Updated September 19 2016