Tenant Victory In Oakland Discrimination Suit

Tenant Victory In Oakland Discrimination Suit
By Lynda Carson 7/29/01

Oakland,Ca--Details of a recent victory for a number of victims caught up in Oakland\'s Eviction For Profit System are starting to emerge, and discussions of a Press Release that
may soon be released with further details are underway.

Late last week, details started to emerge regarding a law suit that involved a number of
African American renters of Oakland being evicted, only to be quickly replaced by Spanish speaking immigrants being charged double the rents. Sources say, that a jury trial decided in favor of the African Americans who fought the evictions, and that it was the opinion of the jury that the evictions were discriminatory, and unlawfull.

Sources say, that during the past year a landlord by name of Paul Maguire bought up a number of properties in Oakland, totaling to around 155-180 rental units, many of which fall under local rent laws. Oakland has a Rent Arbitration Program meant to provide a system that decides wether or not landlords are allowed to raise the rents above the 3% annual cap on rent increases. Allegedly, to avoid Oaklands rent control laws, Mr. Maguire chose to evict the renters rather than to allow them to fight the desired rent increases through a hearing process of the Rent Board. Apparently it was African Americans who were the victims of Mr. Maguires criminal activities, and allegedly, there were at least 24 units involved in the suit. Oakland does not have a Just Cause Eviction Ordinance in place, which means that landlords may evict for any or no reason at all. However, landlords may not evict for the wrong reason, and evcitions that are retaliatory in nature or based upon discrimination, are unlwfull.

Calls to at least 3 local Tenant Activist Attorney\'s pretty much confirmed the court case,
and it\'s outcome. Ken Greenstein, a local Tenant Activist Attorney with an office in San Francisco knows the attorney\'s who represented the victims, and Greenstein was very excited about the jury decision protecting the renters right\'s. Calls to Phil Rapier and Bob Salinas who represented the victims, confirmed the jury decision, and stated that a press release may soon be forthcoming with more details. Rapier was heading out of town for the weekend and was very rushed but excited about the outcome of the case, and Salinas
wanted to wait until Rapier returned from out of town before releasing more details. When I asked Phil Rapier why landlords of Oakland believe that they can get away with evicting for profit in Oakland, Rapier replied; that it\'s because THEY CAN! Having a jury deciding that this was a case of discrimination certainly puts a different light on the situation in Oakland, but to tenant activists involved in Oaklands rental battles, this is something that people knew was going on long before the jury came to this conclusion when faced with the facts of the trial. Landlord tenant disputes are erupting throughout the city of Oakland as the landlords try to raise the rents to heights unknown in Oaklands
history.

Oaklands rental battles are heating up to extremes lately, with landlord and tenant forces boiling over in the Rent Program last Thursday in City Hall. In a key battle over the future of Oakland\'s Rent Board, allegedly, Mayor Jerry Brown had his henchmen unlawfully shutdown the Rent Program and lock every one out until further notice in an effort to remove one of the Board Members before his term expires. Andrew Wolff, a rent board member appointed by Elihu M. Harris back in 1998, is under attack by landlords and the Mayor who want him out before his term expires in October 2001. Andrew Wolff has been an active pro-tenant Board Member, and under fire by the Mayor and his landlord friends. Mr. Wolff refused to comply with a July 24 fax notice from Mayor Jerry Brown dismissing him from the rent board, resulting in the lock-out on July 26. Oaklands City Charter states that it takes a hearing, and a vote of at least 6 Council Members to remove appointed Commissioners and Board Members before their term\'s expire. Mr. Wolffs term does not expire until October 20, 2001, Council Members did not vote him out, and the faxed dismissal from the Mayor had no legal basis to support it. When Mr. Wolff showed up at last Thursdays Rent Board Hearing at City Hall to take his place among the other board members, the hearing\'s were shut down after a roll call counted enough members for a quorum. For now until further notice, renters and landlords are locked-out
of the process thanks to the Politics of Mayor Jerry Brown interferring with due process of law.

Attorney\'s:
Phil Rapier 510/ 444-6262
Bob Salinas 510/ 663-9240

For more on that event, feel free to click onto the SF/IMC story below...

Politics Shut Down Oaklands Rent Arbitration Program
By Lynda Carson 7/27/01

http://www.sf.indymedia.org/display.php?id=102452

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