Oakland nonprofit landlord treats tenants as if they are slave labor

Oakland nonprofit landlord treats tenants as if they are slave labor

No environmental justice for the poor

By Lynda Carson -- October 1, 2011

Oakland -- Some people will do what ever they are being told to do to survive in this terrible economy, and one of Oakland's largest nonprofit landlords is treating it's tenants like they are slave labor, while pitting poor immigrant laborers from Mexico and China against the poor residents of Effie's House, that have been complaining about the construction work taking place at the building they reside in during recent weeks.

Nowadays, the normally sleepy eyed tenant's of Effie's House are awoken early in the mornings by the construction crews of immigrant workers from Mexico and China that yell and argue with one another at times throughout the building, in the effort to install a massive fire sprinkling system service and fire alarm system service at what is called "The Effie's House Project."

There is no environmental justice for the poor in Oakland that have been repeatedly exposed to lead poisoning and other toxic substances in the old buildings they reside in, and already a quarter of the residents at 829 E. 19th St., have been bullied and threatened with homelessness and eviction if they resist and do not go along with the massive renovation plan of the East Bay Asian Local Development Corporation (EBALDC), for the residential property they reside at. The tenants received notices dated August 8, 2011, threatening them with eviction after the tenants were falsely accused of denying management entry into their apartments.

In another recent letter dated Aug. 23, 2011, from the law firm of Kimball, Tirey, & St. John, LLP, it refers to the installation of the fire sprinkler system, and states that if you in any way interfere with, harass or annoy or endanger EBALDC's employees or it's vendors during this process, EBALDC will interpret such acts as your refusal to allow them entry into the rental unit for the installation of the fire sprinkler system, and that EBALDC may pursue an eviction as a result.

A major $2.5 million renovation project has started at the building, that threatens to expose the tenants to lead poisoning, asbestos exposure and other hazards created by the construction crews running roughshod over the tenants, and the building they reside in. And EBALDC is doing everything possible to pressure the tenants into going along with the nightmare that is unfolding at the residential building.

During the past four weeks, the residents in the quiet 21 unit residential building have had their lives flipped upside down by the loud pounding, sawing, dust, tools and debris strewn about in the common areas of the building they reside in.

As part of the major renovation project taking place, this phase of construction includes a massive fire sprinkling system and fire alarm system that is being installed throughout the building, and the huge project has created an environmental disaster, placing the residents at risk of lead poisoning and asbestos exposure.

The drilling of hundreds and hundreds of large and small holes throughout the entire building has been taking place in the old three story 1908 building that has been repeatedly covered and smothered in lead paint through the years.

Many of the tenants are outraged by the new industrial odors pervading the building from the oil covered pipes being installed, and the strange metallic taste that occurs in their mouths if they breathe the air too long, while coming and going through the common areas of the building.

Asbestos removal has been taking place in some parts of the building, including the boiler room, and some of the common areas the near the building laundry room, and other parts of the building.

Some tenants have already lost control of their housing situation at the building and are being forced out of their own apartments during the daytime between 8:00 a.m. - till 5:00 p.m., as a direct result of the renovation project, for up to as many as five days in a row and more.

One elderly woman that was born in China claims that she has been pressured and warned by the building manager that the Oakland Housing Authority (OHA) will not make any more payments for her Section 8 voucher contract if she does not agree to allow the construction crews to take control of her apartment, and enter her home any time EBALDC demands entry into her apartment for the project. She does not want to lose control of her own apartment, and does not want the construction crews to enter her home. But she is afraid of losing her housing, if she does not obey the EBALDC bosses.

Telling the elderly woman that the building manager is a liar, and telling her that the building manager does not work for the OHA is not enough to convince the poor elderly woman that she has the right to say that she did not agree to allow the fire sprinkler system and fire alarm system, to be installed in her apartment. Her apartment already has a fire extinguisher in it and three state approved smoke detectors, and has repeatedly passed inspection by the OHA and EBALDC on an annual basis during the past 8 years or more, while she has resided there.

"They are trying to kill us with this project," said one middle aged man with a thick Jamaican accent, as other tenants claim that they are horrified by what is going on, and do not want to be exposed to lead poisoning, and do not want the construction crews to run roughshod over their lives and take control of their apartments for a week, or more.

One middle aged woman with two young boys in the residential building that are under the age of ten, became so concerned that she quickly moved her sons out of the building to protect them in the effort to avoid having her children exposed to lead poisoning. The boys have not been seen during the past month at the building since the construction crews invaded the normally quiet peaceful building, of low-income renters.

In another complaint. "There is not any security at this building any more, because the construction crews place tape on the front door of the building everyday, keeping the door from locking during the daytime, and they are leaving the building wide open to anyone that wants to get in," said another tenant outraged by managements lack of concern for the residents well being, and safety at the building.


Tenants Are Treated Like Slave Labor By EBALDC And It's Property Manager Bosses

In notices to the tenants signed by Lynn Newton, a property manager for EBALDC, one by one the tenant's of Effie's House have been receiving notices from EBALDC demanding entry into their apartments for up to a week or more, for the installation of a fire sprinkling system. The notice demands that the tenants must remain out of their own apartments from 8:00 a.m. - 5:00 p.m., because the work involved will require the disturbing and removal of hazardous materials.

Additionally, the notices direct the tenants to offer free labor for the landlord for the renovation project taking place, because EBALDC is pressuring the tenants to remove all of their furniture and personal belongings away from the walls that have been marked with blue tape, indicating where drilling will take place and where the pipes will be installed for the sprinkler system. In addition, the tenants are being pressured to remove all of the items and clothing from their closets. The same contained personal space the tenants are paying rent for.

No form of compensation is being offered. Nor is there any reduction in rent being offered by EBALDC for disrupting the tenant's lives that are being placed at risk of lead poisoning and toxic exposure, or for the free labor the landlord would get, if the tenants were to bow down and do the work that the bosses of EBALDC are pressuring them into doing.

"There are at least 30 pieces of blue tape where they want to drill large and small holes inside of my one bedroom apartment for the sprinkler system, and the toxic smell of the pipes is too much to bear," said one long term tenant, at the building. "Have they all gone crazy? We should have all been placed into a hotel somewhere while this kind of huge project is taking place at the building," she said.

Indeed, EBALDC can certainly afford to place the tenants into hotels while the project takes place, because the $2.5 million in NOFA loans it received from the city of Oakland for what is being called "The Effie's House Project" allows the landlord to skim as much as $105,000 from the loan, in what is being called developers fees. The terms of the loan allows EBALDC to grab as much as $5,000 per unit from the loan in developers fees, for up to $150,000 per project.

Some of the long term residents at Effie's House have resided there for 15 to 20 years, and their apartments are packed with many items and filled with furniture. Others have resided there for as long as 8 to 10 years, or less. Some of the tenants are in their mid to late 50s, disabled and not in the best of health, but that has not stopped the bosses of EBALDC from trying to pressure the tenants into working for free, to do the heavy lifting that needs to be done at the building, for the renovation project that EBALDC is profiting from.


EBALDC Tells Contractors And Construction Workers To Avoid Telling The Tenants Anything

EBALDC hired "Am One Corporation" out of San Francisco as the General Contractor for the Effie's House Project, and Am One Corporation hired AAC Environmental Consultants to monitor the lead paint disturbance and asbestos removal taking place at the building.

Sterling Environmental Corporation is a subcontractor hired by the Am One Corporation to drill the hundreds and hundreds of holes throughout the building for the massive fire sprinkler system and fire alarm system being installed, and is listed on the web as an asbestos removal company.

The mostly Mexican immigrant workers from Sterling Environmental Corporation, have shocked the tenants at Effie's House because they have not been wearing any particle masks as they run back and forth from one apartment to another, to do their job. The tenants have been fearful that they have been placed at risk of lead poisoning because there are no signs posted in the common areas of the building saying that it is a "work area," even though work is taking place. The doors to the tenants apartments are being left wide open as the immigrant workers do their work inside the apartments, and the work areas are not being contained or sealed properly while the work takes place.

In one instance in the lobby of the building, one immigrant worker with Sterling could be seen partially removing a large round piece of plastic from the ceiling, that was formed in such a way that it had arms and hands made out of plastic, so that one could drill holes into the lead based painted ceiling, and contain the toxic dust at the same time. But when the worker thought that no one was looking, he could be seen partially removing the round plastic covering from the ceiling, so that he could drill holes without the plastic covering being in place, to contain the dust falling toward the floor. He quickly taped it back to the ceiling after drilling his holes, and after allowing the lead based paint dust to fly freely throughout the building.

When asked about the concerns that tenants have about lead poisoning, "There is nothing to worry about," said an inspector with AAC Environmental Consultants that refused to give his name, as recent as September 30, 2011.

"Lead is heavy and does not stay in the air very long, and quickly falls to the floor. It mostly only affects children, and we do not worry much about adults getting exposed. As long as people do not remain on the floor on their hands and knees, and do not lick their fingers, they should be just fine," he said. Then he stated that he was advised by EBALDC not to talk to me, or any other tenants in the building, and stated that if I had any more questions that I should ask management.

The general contractor, Am One Corporation, also hired San Francisco Fire Protection, Inc., to install the fire alarm system at the building, and the workers can be seen and heard all day in the lobby and common areas of the building, while drilling screws deep into the walls that are coated with lead paint, with no safe guards in place to contain the dust from the lead paint that is being disturbed.

The Renovator for the building is a Mexican immigrant that calls himself Jose Navarro, and a small notice that briefly appeared in the lobby of the building with his name on it which was dated 9/1/11, stated that the work for the fire sprinkler system was expected to begin in the building on 9/8/11 and expected to end by 11/1/11, and that the work may disturb the lead based paint in the building. The notice had the wrong address posted on it for where the work was to actually take place. Additionally, drilling in the basement had actually started at least a week or more earlier in the electric utility room, before the renovation notice was posted in the lobby.


Three Teams Of Workers Disrupting The Lives Of Effie's House Tenants

Basically there are three teams of workers currently disrupting the lives of the tenants, and placing the tenants at risk of lead poisoning at the "Effie's House Project" in Oakland, including the Mexican immigrants with Sterling Environmental Corporation, that are drilling the hundreds and hundreds of large and small holes throughout the whole building, and removing asbestos in places.

There is also a team of Chinese immigrants installing all the pipes for the sprinkler system throughout the building, that refuse to identify themselves and the company they work for, but it appears that they may be working for the general contractor, Am One Corporation, out of San Francisco. A foreman for the Chinese immigrants drives a white pickup truck with California plates, license # 6X68485.

Lastly, there is a team of electricians from San Francisco Fire Protection, Inc., that are installing the fire alarm system in the building.

It appears that there is no safe way to do major renovations in old buildings that are covered in lead paint when there is no real concern for environmental safety, and during a discussion with someone from the Environmental Protection Agency (EPA), in the Program and Enforcement Officer's Toxic Office, Region 9, I was advised that the EPA is so underfunded that they do not visit job sites where renovation projects take place. But I was advised that they will contact building owners and contractors if residents file complaints about toxic exposure taking place at their residential buildings during renovation projects.

In closing, it appears that there is no environmental justice for the poor, that lack the resources to move to safer ground when renovation projects by greedy landlords threaten their health and safety, in old residential buildings.

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

Note: Lynda Carson covers housing and poverty issues, and is a long time resident of 829 E. 19th St.