NPO Attacks Renters Right To Organize

NPO Attacks Renters Right To Organize
By Lynda Carson 3/10/02

Oakland Ca-Some landlords will do anything to stop renters from organizing, and in Oakland even the non-profits are getting down and dirty with the renters. The latest craze is the use of restraining orders being imposed upon those who dare to defy the will of some of Oaklands worst landlords.

Recently, Options Recovery Services has been buying up rental properties in Oakland to turn them into Half Way Houses for their clients who tend to be sent their way by the Berkeley Drug Courts. Two of these properties are located in North Oakland at 5121 West St., and at 1053 59th St. The renters all faced eviction before Options moved their clientele into the
rental units.

Non Profit Organizations are known to buy up Oakland properties to house their patients in because the Real Estate prices tend to be lower than other Bay Area Cities, and they do not have to pay relocation costs when they evict all of the existing renters as many other cities require them to do so. Once the existing renters have been displaced or made homeless, the non-profits then fill the rental properties up with their own clientele. Oakland renters are feeling the pinch of being evicted by landlords of all stripes, and no matter what the cause may be to evict, the results are often the same. Homelessness for the poor who may not find comparable rents after being evicted.

The following story is one that is still unfolding and a follow up to an earlier one. It is a story about a brave woman who refuses to move after receiving two eviction notices from Options Recovery Services. The story is about a school teacher named Druella Martin who has resided at 5121 West St. for over eight years. She has repeatedly been harassed after refusing to move, and she recently learned that members of the Campaign For Renters Rights who assist her in fighting her eviction have been served restraining orders by the same Non Profit Organization that is trying to evict
her.

On Febuary 27, 2002, Doctor Davida Coady, the Director of Berkeleys Options Recovery Services--a local non-profit, filed a Restraining Order on two supporters of the Campaign For Renters Rights. The
Restraining Order was filed barely six hours before a scheduled meeting at the Long Haul was to be held to garner community support for Druella Martin a renter at one of Davida Coadys properties who refuses to move after receiving two (eviction) 30 Day Notices.
County records reveal that since January 3, 2002, Davida Coady has already placed restraining orders on three people with the first one known as case number-C 021248, and the others are filed under a different case number.

Long time Oakland renter Druella Martin who has resided at 5121 West St, for over eight years, recently contacted the Campaign For Renters Rights
after receiving a 30 Day Notice last New Years Eve by a staffer of Davida Coady named Tom Gorham. The Campaign For Renters Rights agreed to help her fight the eviction, gathered some community members
and helped Druella Martin pass out over 700 flyers in the area around her residence in North Oakland to get the word out about the planned Febuary 27
Community Meeting at the Long Haul to stop her eviction. As a result, Druella Martins landlord, Doctor Davida Coady, decided to issue a restraining order on
several members of the Campaign For Renters Rights the very same day that the Community Meeting was scheduled for on Febuary 27 at the Long Haul.

In a FAXED Letter from Druella Martin to Marci Jordan of the Berkeley Emergency Food and Housing Project, who is a Board Member of Davida Coadys-Options
Recovery Service, it says;

Dear Marci Jordan,

I, Druella Martin, am writing you in regards to some serious problems regarding Dr. Davida Coady of Options Recovery Services. I believe that as Chairperson of the Board of Directors of ORS, you should have a concern over Dr. Coady's actions on behalf of that organization.

I am a tenant of 5121 West St. in Oakland, which was recently purchased by ORS and shortly thereafter I was given a notice to vacate. Given that ORS is known in the community as helping those in need, this eviction
procedure seems a contradiction to ORS's mission. I would also note that ORS has been cited by Code Compliance for serious health violations in my apartment and has, to date, not even replied to the city's Code Compliance.

I have been helped in dealing with these problems by the Campaign for Renters Rights, including (blank) and (blank). When I had nobody else to turn to and nobody to help me, the CRR was like a blessing sent to me. This brings me to a most serious problem:

As you may be aware, Dr. Coady had two restraining orders issued, against (blank) and (blank). These orders are based on blatant falsehoods. Not only that, but they restrain (blank) and (blank) from visiting or
even contacting me. I believe that neither Dr. Coady nor anybody else has any right to say who I may or may not be in contact with. The two of them are friends of mine and I have never been harassed in any way by them. They have been in my house as invited guests. (I should also note that my daughter, who is also a tenant, works in the same union as (blank) and this order makes it impossible for the two of them to carry out their union responsibilities.)

It is true that they may respond to these orders, but these orders will remain in effect until after the date set for my eviction order. Thus, these orders are a serious violation of my legal and constitutional rights as
well as those of (blank) and (blank).

When I was down, (blank) and (blank) and the rest of the Campaign for Renters Rights came along to help me stand up. This restraining order, taken out by Dr. Coady, is like somebody coming along and kicking a walking cane out from under me. Options Recovery Services is supposed to help people, not hurt them. I cannot believe that the chairperson of the board of
directors of ORS would allow something like this to be done in your organization's name.

I, along with some other representatives of the CRR, would like to discuss this matter with you at the earliest possible opportunity. I hope you are willing to do so. If so, please call me at my home number. If I am not home, please leave a message. If I do not hear from you immediately, I will take it as a sign that you support these actions and I and the CRR will exercise our first
amendment rights to the fullest legal limits possible in letting this be known. Neither I nor anybody in the CRR has harassed Dr. Coady nor anybody at any ORS
nor any of their tenants.

Sincerely Druella Martin

Davida Coady wrote the restraining order in such a way that it states that the tenants of 5121 West St. are now the protected persons. Since Druella Martin is a
tenant of 5121 West St., the restraining order says that the restrained members of the Campaign For Renters Rights are not allowed to call her, leave messages, or come within 300 feet of her, etc. Davida Coady maliciously used the process of a Temporary Restraining Order to isolate Druella Martin from the community support she had sought.

Restraining orders often contain some serious allegations if true, in which some people end up incarcerated if it is deemed that they are in contempt of Court. Others use restraining orders as a frivilous means to abuse the process of power or personal gain, or as a means attack civil rights advocates.

Indeed in this case, a checked off box "#21" of the restraining order reveals that Davida Coady did not have to pay a filing fee because she alleges that the
defendants inflicted or threatened violence against the plaintiff (Coady). No where in the restraining order does Ms. Coady state what the threats of violence are, nor when they were made, or by who.

In her own words, in 'ITEM 10' of the restraining order; Davida Coady states that the defendants threatened "DIRECT ACTION" if Druella Martins eviction was carried out and a bullet shortly there after went through the window of Apt A, at 5121 West Street. These are some serious allegations, but under scrutiny fail to have any credibility.

According to the filed records of the Oakland Police Department-RD No. 02-15015, reported by L. Jones/Serial No. 8509; It says; On 13 Feb 02, at approx 1616 hours I was working OPD Beat 3L10. I was dispatched to 5121 West St. to investigate a case of Shooting into an Inhabitated Dwelling. Upon arrival I met with R/P, (blanked out).

Said he was reporting the incident for his boss, Coady, who is not able to respond to the scene. 'Blank' then showed me a small hole in the first floor picture window of 5121 West St. The incident was consistant with a BB or Pellet. The report goes on to state that no one is sure when the incident actually occured, and that they can only speculate that it could have been done by some of his boss's clients.

This Incident Report was filed on Febuary 13 and makes note of a BB hole rather than a bullet hole as alleged by Davida Coady in her restraining order, and of further note Coady waits until Febuary 27, 2002, to file a restraining order, which happens to be on the same day a community meeting was being held about her actions to evict Druella Martin. The incident report further reveals that Davida Coady waited a whole two weeks before going for the restraining order she had issued on the anti-eviction activists.

In another shocking development regarding the alleged shooting incident that Davida Coady alleged in her restraining order, Larry Dale came forward to state that the BB hole in that picture window has been there for years and years.

During an interview on 3/10/02, Larry Dale who resided at 5121 West St, for nearly 30 years in Apt B, claims that Davida Coady is making up the story about the BB hole
in that picture window, and that it has been there for years no matter what she may be claiming now while trying to pin it on the renters advocates from the Campaign For Renters Rights.

Like Druella Martin, long time renter Larry Dale also received a 30 Day Notice on New Years Eve. He is 50 years old, and now is homeless because of being evicted by Davida Coady. Mr. Dale says that he feels double crossed by Davida Coady, because
she agreed not to evict the renters when she bought the property from Brian Calloway. He says that she then turned around and immediately evicted all the tenants except for Druella Martin who decided to fight her eviction. He himself became homeless when it became apparent that the rents were now to high for him to pay, and he could not find a place that was affordable.

In the same restraining order, Davida Coady also claims that on 2/23/02, members of the Campaign For Renters Rights were at 5121 West St. and refused to leave until ordered to leave by the Oakland Police Department.

On that date 2/23/02, Davida Coady suddenly appeared at 5121 West St. with three squad cars of the Oakland Police Department. Ms. Coady could be overheard telling the Police that she had a restraining order placed on the members of the Campaign For
Renters Rights, that they have been there all day harassing the tenants, and that she demanded their immediate arrest.

Upon checking with the renters in the building, the Police discovered that no renters have been harassed, and that the invited members of the Campaign For Renters Rights just arrived there only minutes before. Furthermore the Police records revealed that there
was not a restraining order on the persons that Davida Coady alleged to have restrained. At that point the Oakland Police Officers advised Davida Coady that no crime was committed, no laws violated, and that the tenants had the right to invite anyone they may wish to visit them. At that point the Police told the tenant activists that they were free to go if they so desire, or that they may remain if that is their choice.

In addition, OPD Incident No. 2046, dated 23 Feb 02, shows that the complainant (Coady) wanted the (renters advocates) to leave the property. The advocates were visiting Druella Martin of unit #C, but there is no restraining order, and Ms. Coady had not the right to tell Druella Martin who may come to visit her.

It was Davida Coady who was the one harassing the tenants at 5121 West St, and it was she who got caught up into her own lies to the Police.

Not only was it Davida Coady who was the one actualy harassing others that day on Febuary 23, but she risked their lives by calling in the Police for a situation that did not warrant guns to be a solution for a crime that was never committed. The only one threatening violence, was Davida Coady with her lies to the Police, and attempts to have them do something to the renters advocates and Druella Martin. No one was certain what the outcome was to be when the squad cars arrived that day, but Druella Martin and the renter advocates were glad that no one got hurt or went to jail over the ordeal.

Davida Coadys harassment of Druella Martin also was apparent on Febuary 18, when members of the Campaign For Renters Rights witnessed Davida Coady screaming at Druella Martin, telling her that she was an illegal tenant and had no right to have visitors
over.

Druella Martin is not a prisoner in Jail, and has the full rights of all U.S. Citizens. Davida Coady has no right to tell Ms. Martin who she is allowed to have over as a guest at her residence. Says John Reimann of the Campaign For Renters Rights; it is beyond me how the Board of Directors of Options Recovery Services could not be aware of the malicious nature of Davida Coady. At this point Reimann and other community activists are
urging Oaklanders to call Marci Jordan at 510/ 649-4975 ext 307, to tell Marci Jordan to spare Druella Martin from eviction.

In a quote from Rob Rooke of the Campaign For Renters Rights, he believes that; this Temporary Restraining Order is an attack on the rights of tenants to organize. This is a critical phase he says. This would be no different for a non-union employer to use this tactic as a means to prevent his employee's from talking to a union.

In another bizzare twist to this unfolding story, local tenant attorney Phil Rapier received a call from James Vann of the Oakland Tenants Union. Vann claimed that
he received a call recently from Davida Coady who claims that she is not evicting Druella Martin, but that Druella Martin is moving because of being harassed by members of the Campaign For Renters Rights. A call to James Vann verified that indeed Davida Coady had called him up recently to claim that she is not evicting Druella Martin. Vann says that he thought it was all rather odd because he had never heard of Davida Coady before and was wondering why she called him up.

Coady also recently called up a local newspaper that covers Homeless Issues in an attempt to make sure that no story got published about the shenanigans happening at 5121 West St., in Oakland. She did her best to discredit someone who interviewed her Realtor, Laina Casillas, for a story published in the S.F. Independant Media about Druella Martin and 5121 West St. The story did not come out the way they planned, and they then attacked the writer who has also been writing for the paper covering issues of homelessness.

At this point Options Recovery Services or Davida Coady may be facing sanctions by the City of Oakland for as much as $500.00 per day or up to a ceiling of $5000.00 if the Code Violations are not remedied at 5121 West St.

Druella Martin still faces eviction, but now has an attorney ready to fight her case in Court if Davida Coady ever issues an Unlawful Detainer. Community members are wishing for the best to keep a roof over Druella Martins head.

The anti-eviction activists and Davida Coady will meet face to face in Court to fight over the Temporary Restraining Orders on March 22, at 10:am, in Department 4, of the Alameda County Court House. The anti-eviction activists of the Campaign For Renters Rights believe that the Police Reports will reveal that Davida Coady has abused the legal process and that the Temporary Restraining Order shall be dismissed.