Save Oakland's Public Housing

COMPLAINT FOR DAMAGES FOR PUBLIC
NUISANCE AND INJUNCTIVE RELIEF
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JOHN A. RUSSO, City Attorney - State Bar #129729
RANDOLPH W. HALL, Assistant City Attorney - State Bar #080142
JAMES F. HODGKINS, Supervising Trial Attorney - State Bar #142561
One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
Telephone: (510) 238-6135 Fax: (510) 238-6500
CE02978/396636
Attorneys for Plaintiff
CITY OF OAKLAND
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
CITY OF OAKLAND, a municipal
corporation
Plaintiff,
vs.
OAKLAND HOUSING AUTHORITY and
DOES 1 through 20, inclusive,
Defendants.
Case No.
COMPLAINT FOR DAMAGES FOR
PUBLIC NUISANCE AND
INJUNCTIVE RELIEF
Plaintiff, the City of Oakland, alleges against Defendants, and each of them, as
follows:
1. Plaintiff, the City of Oakland, is a municipal corporation and a chartered city
organized, and existing under the laws of the State of California.
2. Defendant, Oakland Housing Authority, is a public housing provider with its
principal offices located in Oakland, California. The Oakland Housing Authority was
created pursuant to California Health & Safety Code §34200, et seq. and §34500, et seq.
3. Defendants DOES 1 through 20 are sued as fictitious names, their names
and capacities being unknown to plaintiff. When their true names and capacities are
ascertained, plaintiff will amend this complaint.
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COMPLAINT FOR DAMAGES FOR PUBLIC
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4. Whenever reference is made to an act performed by defendant Oakland
Housing Authority, such allegations indicate defendant, its agents, managers,
representatives, employees or DOES One through Twenty inclusive, who performed or
authorized such acts while engaged in the operation, management, direction or control of
the defendant’s affairs, acting within the scope of their duties.
FACTUAL ALLEGATIONS
5. Plaintiff incorporates by reference Paragraphs 1 through 4 as though fully set
forth herein.
6. Plaintiff is exempted from filing a claim against Defendants pursuant to
California Government Code §905.
7. Defendant Oakland Housing Authority (hereinafter “OHA”) owns, operates
and/or is responsible for maintaining low income and government subsidized housing in
Oakland, California. OHA owns, operates and/or is responsible for maintaining the
following premises (“the Properties”) within the geographical limits of the City of Oakland:
3330-72nd Avenue
3350-72nd Avenue
1449-73rd Avenue
1486-77th Avenue
2509-77th Avenue
4516 Fairfax Avenue
7107 Favor Street
7204 Holly Street
7209 Holly Street
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COMPLAINT FOR DAMAGES FOR PUBLIC
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7000 Lacey Avenue
7510-20 Ney Avenue
7636 Ney Avenue
7908 Ney Avenue
7950 Ney Avenue
8021 Plymouth Street
6238 Seminary Avenue
6919 Arthur Street
2468 Coolidge Avenue
1815-28th Avenue
1857-38th Avenue
3014 E. 16th Street
2170 E. 28th Street
905 E. 24th Street
2309-98th Avenue
2315-98th Avenue
2317-98th Avenue
644-14th Street
873-32nd Street
2933 Martin Luther King Jr. Boulevard
630 Apgar Street
3217 West Street
3027 West Street
725-39th Street
59 Pearl Street
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COMPLAINT FOR DAMAGES FOR PUBLIC
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2511-11th Avenue
610 E. 18th Street
1737 E. 15th Street
1919 E. 15th Street
2247 E. 19th Street
2272 E. 19th Street
2219 E. 22nd Street
1900 E. 24th Street
1951 E. 24th Street
2032 E. 26th Street
2155 E. 28th Street
1815 28th Avenue
2961 Georgia
2820-35th Avenue
2840-35th Avenue
4516 Fairfax Avenue
1756-82nd Avenue
2349-82nd Avenue
2323-82nd Avenue
7600 block of Bancroft
5944 Bromley
5945 Bromley
6121 Harmon Avenue
6229 Hayes Street
1459-65 Seminary Avenue
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COMPLAINT FOR DAMAGES FOR PUBLIC
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1424-50th Avenue
1445-50th Avenue
1617-50th Avenue
5726-30 Elizabeth Street
2500-08-76th Avenue
5480 Wadean Place
5467 Wadean Place
5426 Wentworth Avenue
5428 Wentworth Avenue
7101 Krause Avenue
1168-78th Avenue
1240-77th Avenue
8. OHA is one of Oakland’s largest landlords with over 3300 apartments provided
for low-income tenants. The Properties were built between 1938 and 1984 and are now at
least thirty-five years old. Of the over 3300 apartment units under the control of OHA,
1615 of those are at 254 “scattered sites“ that do not have on-site managers and were
built between 1968 and 1972.
9. OHA has failed to maintain the Properties free from blighted conditions and
conditions detrimental to the health and safety of its low-income tenants. These conditions
include, but are not limited to, housing code violations, lack of safe and habitable living
spaces, and accumulation of garbage, dirt, debris, rodents, vermin and insects. OHA’s
lack of effective on-site management, or any on-site management, has compounded its
lack of maintenance.
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COMPLAINT FOR DAMAGES FOR PUBLIC
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10. OHA has failed in its duty to track complaints from tenants and area residents
regarding maintenance and crime problems at OHA properties such that blight and
nuisance conditions persist and criminal activity continues unchecked and unabated.
11. OHA has failed to provide adequate security for the Properties such that
criminal activity on the Properties is rampant and out of control. Plaintiff is informed and
believes that the criminal activity is carried on by tenants of the Properties, their invitees
and trespassers. Criminal activity on the properties includes, but is not limited to
vandalism, burglary, drug use, drug sales, possession of drugs for sale, pimping,
pandering and prostitution.
FIRST CAUSE OF ACTION
Against OHA, and DOES 1 through 20
MAINTENANCE OF A PUBLIC NUISANCE
12. Plaintiff incorporates by reference Paragraphs 1 through 11 as though fully
set forth herein.
13. Plaintiff brings this action pursuant to California Code of Civil Procedure
§731 to abate a public nuisance. This action is also brought under Oakland Municipal
Code Chapter 15.08.
14. Defendant’s maintenance of the Properties, or lack thereof, constitutes a
continuing public nuisance. (CA. Civ. Code §§ 3479, 3480.) That is, defendant’s failure to
maintain and repair the Properties adversely affects not only the City of Oakland, but also
the surrounding community. The continuous and unabated criminal activity (including but
not limited to drug sales, drug possession, possession of drugs for sale, pimping,
pandering and prostitution), housing code violations, lack of safe and habitable living
spaces, accumulation of garbage, dirt, debris, rodents, vermin and insects is a blight on
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COMPLAINT FOR DAMAGES FOR PUBLIC
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the City of Oakland and the residences surrounding the Properties and constitutes a public
nuisance. The condition of the Properties is injurious to health, offensive to the senses,
and unlawfully undermines, degrades and obstructs the free use of the Properties as well
as neighboring residences and streets.
15. Defendant’s maintenance of the Properties in the condition described in this
complaint is a continuing public nuisance as described in Oakland Municipal Code
including but not limited to §§ 15.08.340B, C, and D and 15.08.170 and California Civil
Code §§ 3479 and 3480 and is a nuisance per se.
16. Defendant was notified of the blighted and nuisance condition of the
Properties numerous times by the City of Oakland and the residents of the Properties.
Despite this knowledge, defendant has failed to abate these hazardous and nuisance
conditions with the result being the public nuisance that continues and exists today.
17. Unless stopped by this Court, OHA will continue to maintain the Properties in
the above-described substandard and dangerous condition and continue to cause
irreparable injury to the public’s health, safety and welfare.
18. Plaintiff has no adequate remedy at law.
19. Plaintiff is informed and believes that defendant will not correct these
violations or abate the nuisance within a reasonable period of time. If it becomes
necessary for plaintiffs to correct the violations or abate the nuisance, the City of Oakland
will incur substantial costs. As part of its prayer, plaintiffs request recovery of their costs to
correct said violations or abate the nuisance and establish a prior lien on the Properties for
the costs.
WHEREFORE, plaintiff prays for relief as hereinafter set forth.
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COMPLAINT FOR DAMAGES FOR PUBLIC
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SECOND CAUSE OF ACTION
Against OHA and DOES 1 through 20
INJUNCTIVE RELIEF
20. Plaintiff incorporates by reference Paragraphs 1 through 19 as though fully
set forth herein.
21. OHA’s wrongful conduct, unless and until enjoined by this court, has caused
and continues to cause irreparable harm and injury to plaintiff and the residents of the
Properties in Oakland, CA. The continuous and unabated criminal activity (including but
not limited to drug sales, drug possession and prostitution), housing code violations, lack
of safe and habitable living spaces, accumulation of garbage, dirt, debris, rodents, and
insects is a blight on the City of Oakland and the residences surrounding the Properties
and constitutes a public nuisance. OHA has refused and continues to refuse to remedy the
blighted and nuisance conditions at the Properties.
22. Plaintiff has no adequate remedy at law for the injuries suffered as a result of
the wrongful conduct of OHA and its failure to maintain the Properties, which have become
a public nuisance in Oakland, CA. This court must compel OHA to repair and maintain the
Properties in a safe and habitable condition, repair existing and future violations of the
Oakland Housing Code, hire and retain managers for all OHA sites, provide training to all
OHA managers on reporting and/or repairing damage to the Properties, fumigate pests,
vermin and rodents from the Properties such that they are abated and do not return and to
abate all other conditions that constitute a public nuisance at the Properties.
WHEREFORE, plaintiff prays for relief as hereinafter set forth.
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COMPLAINT FOR DAMAGES FOR PUBLIC
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PRAYER FOR RELIEF
WHEREFORE plaintiff prays for judgment as follows:
1. For a temporary restraining order, preliminary and permanent injunctions
compelling OHA and its agents:
a. To replace or comprehensively repair the Properties such that the
Properties meet applicable Oakland Housing Code standards and are
safe and habitable for tenants;
b. To hire and retain managers at all OHA sites;
c. To provide training to on-site managers in reporting and/or repairing
damage to the Properties;
d. To fumigate or otherwise abate pests, vermin and rodents from the
Properties and maintain the properties free from infestation from pests,
vermin and rodents;
e. To relocate tenants at the Properties while those properties are repaired
with cost of the relocation to be borne exclusively by OHA
f. To abate all conditions that constitute a public nuisance at the properties;
g. To be permanently enjoined from maintaining a public nuisance on their
Properties.
2. That the Properties be declared ongoing public nuisances;
3. That OHA abate its public nuisance and repair the Properties such that
blight, nuisance and criminal activity that are detrimental to the public’s health,
safety and welfare ceases;
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COMPLAINT FOR DAMAGES FOR PUBLIC
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4. That OHA reimburse the City of Oakland for any repairs or other remedial
measures undertaken by the City of Oakland or its agents and contractors to
eliminate the blighted conditions at OHA properties;
5. For the costs of suit herein;
6. For such other and further relief as the court deems just and proper.
Dated: February 15, 2007
JOHN A. RUSSO, City Attorney
RANDOLPH W. HALL, Chief Assistant City Attorney
JAMES F. HODGKINS, Supervising Trial Attorney
By: _____________________________________
Attorneys for Plaintiff
CITY OF OAKLAND