Oakland's Marin Way Court tenants are targeted by Arroyo & Coates for displacement

Oakland's Marin Way Court tenants are targeted by Arroyo & Coates for displacement

By Lynda Carson -- May 25, 2011

Oakland - The tenants of Marin Way Court in Oakland have been targeted for displacement by the Arroyo & Coates real estate firm of San Francisco. David Silver is the Executive Vice President of Arroyo & Coates, and works together with Jamie Clifford, Senior Vice President, in the same real estate firm. The Marin Way Court tenants have been speaking out against the activities of David Silver, and Jamie Clifford, ever since their building was taken over recently.

An April 18, 2011, "Notice To Occupants," that was delivered to the tenants at Marin Way Court in Oakland, warned the tenants that Marin Way Court has new management. Additionally in the same notice, the tenants were accused by the new management of not having a valid lease, and the notice ordered the tenants to move out of the units immediately, or risk facing criminal and civil liabilities.

On or around Wed. April 27, 2011, the tenants of Marin Way Court held a protest rally in front of the 20 unit Oakland residential housing complex, and Marin Way Court tenant Aiyahnna Johnson said, "We had a great protest rally and everybody from the complex appeared, including around 30 people."

"The protest was held a few days before our housing at Marin Way Court was auctioned off on 5/2/2011. The auction took place in front of the Eastmont Police Traffic Substation, in east Oakland. It was auctioned off and sold for only $50,000 (fifty thousand dollars) to David Silver, Executive Vice President of Arroyo & Coates, while one of his his cohorts named Jamie Clifford of the same firm was recording it all on a camera. But It seemed very odd that David Silver was the only one there to bid on Marin Way Court, and I have wondered if the auction notice was ever posted properly in a newspaper," Johnson said.

Odd indeed. Marin Way Court was an affordable housing project for the poor that consisted of 20 - two bedroom town homes developed in the 80s or 90s by the now notorious defunct non profit developer Oakland Community Housing, Inc., (OCHI) and it's affiliate San Antonio Commons, Inc.

In 1986, 1987, and 1993, the Redevelopment Agency and the City of Oakland jointly loaned an amount of $1,640,500 to San Antonio Commons, Inc, an OCHI affiliate for the development of Marin Way Court. On 6/5/2007, the Redevelopment Agency of Oakland authorized an additional loan of $1 million to OCHI's affiliates to operate their affordable housing developments, including Marin Way Court.

According to a balance sheet dated 11/13/07 in a 2006 "990 tax filing" for OCHI's affiliate San Antonio Commons, Inc, it still owed $1,412,649 for it's mortgage/s and notes payable to cover the development costs associated with Marin Way Court. According to public records, during March 2009, an additional $1.2 million loan was made to Resources for Community Development by the City of Oakland to renovate Marin Way Court, but it has still somehow fallen into foreclosure and somehow it slipped into the hands of David Silver and Arroyo and Coates, for a mere $50,000, according to Marin Way Court tenant, Aiyahnna Johnson.

Additionally, Aiyahnna Johnson said, "David Silver and Jamie Clifford, of Arroyo & Coates, tried to destroy our community ever since they took over Marin Way Court on May 2, 2011. They caused us a lot of stress and anxiety in our community by trying to frighten us out of our housing. They have been trying to pressure us into signing documents in an effort to force us to move out of our homes and community. It feels like we are now living in a prison. We do not know what to expect next from them. Twenty apartments were occupied when David Silver and Arroyo and Coates took control of Marin Way Court on May 2, and now there are only 11 apartments that are still occupied here, and we have been accused of being squatters."

A recent PG&E bill with a due date of 5/9/2011, has the name of Aiyhanna Johnson on it for the same address and location for Marin Way Court in Oakland, and it confirms that she is a tenant in the 20 unit complex, no matter what David Silver believes.

To back the allegations that she is facing harassment and pressure to move out of her housing, in a May 20, 2011, email from David Silver to Aiyahanna Johnson, in part it reads, "We've talked to you several times after the sale, we've posted several notices on your door and mailed you a notice." Additionally David Silver also wrote in the same email, "Regardless, we want to meet with you to discuss some form of an agreement for you to vacate the property.  If you feel more comfortable, we are happy to have the meeting at the City of Oakland offices (or any other offices) so they can witness and we can all sign a legally binding agreement."

Ayahanna Johnson including her 2 children, and others in the housing complex do not want to give up their housing to David Silver of Arroyo & Coates, or any one else that tries to bully them around and out of their housing, said Johnson.

After I tried to reach David Silver and Jamie Clifford a few times to ask them a few questions, on May 23, 2011, I received an email, and it read; "Lynda - We have no idea who you are and you have never talked to us to validate or verify any of the below allegations. Despite your lack of research and lack of correct information, you copied "the world" without knowing the facts. You clearly care more about getting attention vs. getting the truth.  Here is what you need to know: 1) The occupant(s) you are referencing are not legal residents of the property, they broke into the unit and are squatting 2) The occupant(s) you are referencing are not paying rent 3) No laws have been broken, no-one has been harassed. Asking illegal, non-paying squatters to leave a property is not against the law. If you continue to produce libel and defaming emails, we will hold you responsible and we will contact our attorney." 2000 INTL, LLC.

Indeed. 2000 INTL, LLC? A search of Limited Liability Corporations (LLC) in California reveals that 2000 INTL, LLC, entity number 201106210312, did not legally exist until it became active as recent as 3/3/2011, and the Agent for Service of Process is listed as one "DJ Silver."

According to the tenants at Marin Way Court, on April 19, 2011, the tenants felt abused and bullied by the gestapo type tactics of David Silver, Arroyo & Coates, and Oakland's Deputy City Attorney Dan Rossi, including 6 Oakland cops that came by pounding on the doors to their homes at Marin Way Court, demanding to know who was living with them in their housing.

Additionally, on May 6, 2011, tenants of Marin Way Court have received 60 Day Notices to vacate their homes in the form of an unsigned notice from 2000 INTL, LLC, allegedly another brutal tactic to frighten the tenants out of their housing by Executive Vice President of Arroyo & Coates, David Silver, said tenants at Marin Way Court.

Marin Way Court has already been renamed and is now called Ventana Town Homes, and is being managed by Evans Property Management, INC., (EPMI).  Alisha Edwards is the new manager for Ventana Town Homes (Marin Way Court) and allegedly can be reached at 510/562-1431. But according to local sources, she also manages at least three other properties for EPMI. The tenants in 3 complexes being managed by EPMI have to use the same 510/562-1431 number when needing to speak to management at EPMI, and on May 24, the voice mail box for Alisha Edwards was full, and she could not be reached for comment.

In an April 29, 2011, email from Executive Director and Managing Attorney of the Eviction Defense Center in Oakland to David Silver, she writes; "I am the Executive Director and Managing Attorney of the Eviction Defense Center in Oakland. It has come to my attention that the tenants at 2000 International Blvd. in Oakland have been threatened with illegal lock-outs, car-towings, and criminal actions.  I am very concerned about the threats the tenants have received."

"My office is currently looking into what legal action the tenants can take to protect themselves, including filing for an injunction and prosecuting claims for emotional distress, breach in the covenant of quiet use and enjoyment, and illegal lock out. I have been in contact with the City of Oakland, and they assure me that no illegal action will be taken against these tenants.  My attorney colleagues at Bay Area Legal Aid have apparently received similar assurances from your company. I hope these threats of illegal action have been rescinded and that there is no need for litigation. If you would like to discuss this matter further, please do not hesitate to contact me. Yours truly, Anne Tamiko Omura, Esq."

In reply to the email to David Silver, on May 5, 2011, Anne Omura received an email from Jamie Clifford of Arroyo & Coates that reads; "Anne, We would like to schedule a time to have a conference call or an in-person meeting with you regarding this matter.  The allegations in your email below are false and we would like to discuss how to best resolve this matter.  Please let us know when you can make your self available."

The tenants of Marin Way Court at 2000 International BLVD, in Oakland, are seeking community support to join them in the struggle to save their housing and community, from those that would profit by displacing them from their homes.

Lynda Carson may be reached at tenantsrule [at] yahoo.com