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Update November 19 2015


Request to LA County DA for Criminal Investigation of LAHCID and Hi Point Apts LLC

From: [Tenant name address redacted]

Sent: Thu 11/19/15 10:26 PM

To: Da Lacounty Info (info@da.lacounty.gov)

Via email and US Mail

November 19 2015

 

Los Angeles County District Attorney's Office

211 West Temple Street Suite 1200

Los Angeles, CA 90012

 

Request for Criminal Investigation

This letter is to the Los Angeles District attorney office [Jackie Lacey] requesting that you bring criminal charges against LAHCID city employee Charles Garcia for entering into a criminal conspiracy with Hi Point Apts LLC to cheat various tenants out of entitled to relocation monies over the past year since April 2014. The owner and with the actual and constructive knowledge of the LAHCID/RSD, has switched tenants who are White who asked for their parking stall to be switched; he has supplied two car stall to those white tenants who requested them. He has ignored my request for a tandem parking stall. To help resolve this matter, all the owner/city government has to say is “We will fix your intercom on November 26. It should take us no longer than two hours. We will also switch you to a tandem parking stall on November 26. We will reimburse you 18 x 60 for the loss of intercom $1080 and for loss of parking stall 18 x 200 = $3600, by check payable to you November 26 2015” : other than for reasons of racial discrimination and retaliation against me, why is it so hard for the owner/city LAHCID to say this? 26 seconds to say it. One minute and 33 seconds to write it.

[Not a resolution of any other damage claims for negligence, breach of the warranty of habitability, civil rights, etc.].

The building should not have a certificate of occupancy due to non-working intercoms apartment 9,8,5 ,15 , making the building uninhabitable. Intercoms are considered to be a habitability issue. Non-working intercoms means that the building is not habitable. Therefore no rent can be charged.

"Complaints have been made to the local, county, state, and federal government officials but the intercom after 17 months is still not fixed in apartment nine for one"

Complaints have been made to the local, county, state, and federal government officials but the intercom after 17 months is still not fixed in apartment nine for one. Inaction by the owner and others is intentional to cause harm to tenants apartments nine, eight, five, fifteen. The same problem occurs with the tandem parking stall issue at Apartment 9: white tenant have been moved to new apartments, whites have been given two car stalls or two stalls, I am the Black Kushite male who is ignored. The district attorney is requested to file a criminal complaint against Charles Garcia as well as Hi Point Apartments LLC for money owed to previous tenants. That money has been used to do illegal repairs to the building.

This is a criminal conspiracy by Garcia and the Los Angeles housing with the owner to defraud tenants at 1522 Hi Point St. Contractors listed on the permits from LADBS, as well as LADBS, also are part of the conspiracy against tenants rights. Monies that were earmarked for tenant permanent relocation were illegally diverted to the primary renovation and capital improvement monies, repairs that were approved by and sanctioned by city government officials LAHCID code enforcement and LADBS. LAHCID and LADBS were made aware by me in 2014 there were no THP’s for certain apartments and that such tenants were essentially deprived of their civil rights to receive permanent relocation monies. I ask that the hearing officer Andre Brown be terminated from his position on the grounds that he did not on Oct 28 2015 address the corruption in the LAHCID and LADBS departments, he did not address the habitability issues , and did not address the illegal occupancy for 1522 Hi Point St.

"The October 28 hearing was a Ku Klux Klan hearing"

The October 28 hearing was a Ku Klux Klan hearing, illegal under USC's section 1983. I request that the hearing officer Andre Brown be terminated from employment because he denied me as a black African-American equal protection under the law, and denied me a fair hearing. The October 28 hearing was a “done deal” with denial of equal protection to me as a tenant by government officials.

Please stop all primary renovation at this property until a federal investigation of Los Angeles housing and Los Angeles Department of building and safety. LADBS should not have granted permits to this property knowing that certain apartment(s) were uninhabitable due to non-working intercoms since April 2014. LADBS and LAHCID had actual and constructive knowledge that the intercoms are not working but ignored this habitability concern and kept handing out permits even for apts where there were current tenants but no THP.

"The city government has participated in a criminal kick back and bribe conspiracy to breach the warranty of habitability"

LADBS has constructive knowledge that there were no THP's for numerous apartments at this building thus making the permit clearance process illegal and permits should not have been cleared nor CFO issued for this building. Charles Garcia admitted this to me privately by email and also at the Oct 28 2015 hearing that many THP’s were never filed or served for about nine out of eighteen apartments. Only one apartment #9 has ever been served with a THP; five apartments were completely empty at the time this new owner purchased the building. The intercom at apartment nine is still not fixed, a rent reduction still has not been granted to tenants apt 9. The city government has participated in a criminal kick back and bribe conspiracy to breach the warranty of habitability at the 1522 Hi Point St. particularly as regards apartment 5, 8,15 and 9 who do not have working intercoms.

Damages due to loss of intercom can also be brought under a state law claim of negligence and breach of the warranty of habitability. I ask that the District Attorney/City prosecutor also bring criminal charges against city attorney Robert Moore for telling the LAHD that an intercom is not a housing service, thus helping deprive tenants of monies they are entitled to under the LAMC RAC regulation section re loss of housing services.

http://www.leagle.com/decision/20071702564FSupp2d1138_11598 /SOUTHERN%20CALIFORNIA%20HOUSING%20RIGHTS%20CENTER%20v.%20KRUG SHRC v Krug A plaintiff fair housing organization seeking punitive damages in a fair housing case must show that the Defendants acted with "reckless or callous indifference" for the fair housing rights of others. See Fair Housing of Marin, 285 F.3d at 906-07 (citing Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983)); Szwast v. Carlton Apartments, 102 F.Supp.2d 777, 780 (E.D.Mich.2000) (standard used for punitive damages for 1983 violations is the same for FHA violations). In determining whether to impose punitive damages, the fact finder will consider "an evaluation of the nature of the conduct in question, the wisdom of some form of pecuniary punishment, and the advisability of a deterrent" to future illegal conduct. Gore v. Turner, 563 F.2d 159, 164 (5th Cir.1977). The owner's direct participation in the discriminatory practice is not necessary; punitive damages may be awarded where the owner ignored its duties under the law or otherwise engaged in "knowledgeable inaction." See Miller v. Apartments and Homes of New Jersey, Inc., 646 F.2d 101, 111 (3d Cir.1981); Badami v. Flood, 214 F.3d 994 (8th Cir.2000); see also Pacific Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 111 S.Ct. 1032, 113 L.Ed.2d 1 (1991). Nor must the conduct be outrageous to warrant punitive damages. Preferred Properties v. Indian River Estates, Inc., 276 F.3d 790, 799-801 (6th Cir.2002). “Rental agreements involving units that were constructed without building permits or lack a certificate of occupancy are ordinarily regarded as unlawful and void. (Espinoza v. Calva (2008) 169 Cal.App.4th 1393, 1400; Salazar v. Maradeaga (1992) 10 Cal.App.4th Supp. 1, 4 (Salazar ).) This is because “[t]he object of a contract must be lawful [citation]; i.e., it must not be in conflict either with express statutes or public policy. [Accordingly, i]f the contract has a single object, and that object is unlawful (whether in whole or in part), the entire contract is void.” (1 Witkin, Summary of Cal. Law (10th ed. 2005) Contracts, § 420, p. 461.) “Carter v Cohen. Court of Appeal, Second District, Division 4, California. - 2010 “Generally, section 12.21 prohibits the use of any structure or building in the absence of “all permits and licenses required by all laws and ordinances.” Section 12.26(E)(1) further provides that “no building erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued.” A certificate of occupancy is issued only when a structure is completed in conformity with the Los Angeles Municipal Code. (Pope v. State Bd. of Equalization (1983) 146 Cal.App.3d 1132, 1139.) - Carter v Cohen. Court of Appeal, Second District, Division 4, California. - 2010.

"At the Oct 28 hearing I was prevented from presenting evidence to show that the THP application approved by city employee Charles Garcia was an attempt to illegally extort illegal rent from apt 9 in that the rent amount stated in the application was incorrect"

In this instant case, no permit for the brick wall and for extending striping stall 13 prohibits owner from collecting rents on any renovated units at 1522 Hi Point St; failure to comply with LAMC as regards the required THP for applicable units; those units do not conform with the LAMC. At the Oct 28 hearing I was prevented from presenting evidence to show that the THP application approved by city employee Charles Garcia was an attempt to illegally extort illegal rent from apt 9 in that the rent amount stated in the application was incorrect. Garcia would not make the correction nor did the hearing officer Andre Brown make the correction. The owner has since corrected the rent amount [without waiving the loss of parking stall and loss of intercom reductions owed] but the LAHCID THP extortion attempt documentation remains. The owner and with the actual and constructive knowledge of the LAHCID/RSD, has switched tenants who are White who asked for their parking stall to be switched; he has supplied two car stall to those white tenants who requested them. He has ignored my request for a tandem parking stall. To help resolve this matter, all the owner/city government has to say is “We will fix your intercom on November 26. It should take us no longer than two hours. We will also switch you to a tandem parking stall on November 26. We will reimburse you 18 x 60 for the loss of intercom $1080 and for loss of parking stall 18 x 200 = $3600, by check payable to you November 26 2015” : other than for reasons of racial discrimination and retaliation against me, why is it so hard for the owner/city LAHCID to say this? 26 seconds to say it. One minute and 33 seconds to write it. Please let me know the results of your investigation. All rights reserved.

[Tenant name, address, phone redacted]

Ref : Google “Futility of Administrative Remedies”; as told to LA County employee George Cerda.





Update November 21 2015


False Apt Rental re Request to LA County DA for Criminal Investigation of LAHCID and Hi Point Apts LLC- the Public Interest

From:[tenant name and email redacted]

Sent: Sat 11/21/15

To: Da Lacounty Info (info@da.lacounty.gov)

 

Dear LA County DA:

 

Around September 10 2015, the city Los Angeles government Charles Garcia approved a tenant habitability plan ("THP") for 1522 Hi Point St apt 9 that stated that tenants apt 9 would be temporarily relocated to apt 18 on or around November 20 2015. I bring to your attention that the owner and his real estate agents are continuing to advertise apt 18 for rent, and showing it to perspective tenants as late as today, I am witness. The prospective tenants are not being told that the city had already reserved apt 18 for relocation purposes, and that apt 18 is not available for rent. The rental amount is $1750 per month and recent repairs valued at $17,000.

Please investigate the property owner as well as the showing realtor for criminal intent.

[Tenant name and email redacted]

 

[As told to Los Angeles California, county employee George Cerda]





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