EBALDC property supervisor has restricted salesperson license

EBALDC property supervisor has restricted salesperson license

By Lynda Carson -- September 26, 2012

Oakland -- A property supervisor by name of Lynn Gary Newton (a.k.a. Lynn Gary Newton Jr.) with the East Bay Asian Local Development Corporation (EBALDC), has a restricted salesperson license according to public records with the State of California Department of Real Estate.

Additionally, current public records with the State of California Department of Real Estate lists Mary Hennessy as EBALDC's licensed officer (designated officer with real estate brokers license) but, an email dated March 12, 2012, from Mary Hennessy states that Hennessy is no longer employed at EBALDC. Before leaving EBALDC during late February or early March of 2012, Mary Hennessy was the Chief Operating Officer and Director of Property Management, and the State of California Department of Real Estate records currently do not list anyone else with a current brokers license at EBALDC as the "designated officer" other than Mary Hennessy on record.

An additional email dated March 15, 2012, from Janice Yan of EBALDC confirmed that Mary Hennessy is no longer the Chief Operating Officer and Director of Property Management for EBALDC, and around that time Yan was named the Interim Director of Property Management until someone could be found to replace Mary Hennessy.

EBALDC is one of Oakland's largest non profit affordable housing developers with well over a thousand residential rental housing units, and Lynn Newton is a property supervisor for a number of properties for EBALDC including Effie's House at 829 E. 19th St., a 21 unit residential building where the residents may soon be facing displacement from their housing due to a $2.5 million massive renovation project taking place that started shortly over a year ago.

Public records reveal that 829 E. 19th St. (Effie's House), is actually owned by the Ivy Hill Development Corporation but, that the controlling entity is EBALDC which also manages the property. With the departure of Mary Hennessy and her real estate brokers license from EBALDC, it appears that EBALDC may not be operating legally under existing California real estate laws in regards to it's management of Effie's House.

According to additional public records that were filed with the State of California Department of Real Estate (DRE), E.J. Haberer II, a Deputy Real Estate Commissioner of the State of California, alleges that Lynn Newton has been convicted of 3 felonies. One felony for discharging a firearm in a grossly negligent manner which could result in injury or death, another felony for possession of a controlled substance (cocaine base), plus an additional felony conviction for cocaine base for sale, which constitutes cause for denial of Lynn Newton's application for a real estate license under Sections 480 (a) and 10177 (b) of the California Business and Professions Code, according to E.J. Haberer II. The documents were signed by E.J. Haberer II, and dated January, 31, 2008.

In further detail, according to another public record dated May 28, 2008, Case No. H-10291 SF (OAH No. 2008030006), and signed by Melissa G. Crowell, Administrative Law Judge, Office of Administrative Hearings, Newton was detained by the police for discharging a small revolver in a residential area, and at a consolidated sentencing hearing that took place Newton was placed on formal probation for three years on conditions that included serving one year in county jail (with credit for time served). Public records also reveal that the order for probation was revoked and Newton was sentenced to state prison for the aggregate term of three years with credit for time served.

After serving 13 months on parole after his release from prison according to public records, Newton was released from parole during August, 2002 for good conduct.

Additionally, public records also reveal that Newton was convicted in Alameda County, California, on September 22, 2004 of driving under the influence of alcohol, on his plea of no contest, of a misdemeanor violation, and was given a three year conditional sentence. Newton was required to complete a first offender program and pay all stated fees and fines, and he complied with all the terms of the conditional sentence, according to public records.

Even though Newton is presently a property supervisor for EBALDC, currently Newton has a salesperson license that was issued on August 22, 2008, that is restricted according to the State of California Department of Real Estate (DRE). It lists Newton's employing broker Ademuyiwa Adebiyi (License ID: 01358137) as the real estate broker that Newton is operating under. Ademuyiwa Adebiyi's brokers license is set to expire on April 11, 2013, and currently public records reveal that Ademuyiwa Adebiyi (M A P Properties / M A P Unlimited) does not have any branches, or affiliated corporations, and does not appear to be connected to Effie's House, Ivy Hill Development Corporation, or EBALDC.

In another matter involving Newton, during August of 2011 around a quarter of the residents at Effie's House (21 unit building) were falsely accused of denying management (EBALDC) entry into their rental housing units and were threatened with eviction when they received notices on August 8, 2011, telling them that they had seven days to correct the problem or they may face eviction. Copies of the warning notices were placed by Effie's House building manager Danny Chen in the tenant's files, and copies were sent to Oakland's Rent Adjustment Program, and the Oakland Housing Authority according to the threatening notices served to the tenants.

Before receipt of the notices threatening to evict, the tenants were receiving bogus notices from EBALDC to enter their apartments that stated that the landlord wanted to enter their homes "on or about" a date, meaning that the landlord may try to enter the resident's apartments a day early, or a day later, or who knows when. The notices did not appear to be legal, and the tenants were threatened with eviction after they started posting "Do Not Disturb" notices on their doors.

On August 19, 2011, building manager Danny Chen stated that it was his signature on the notices threatening the tenants with eviction, but added that the notices were actually filled out by his supervisors Lynn Newton, and Janice Yan of EBALDC.

At times during the past year EBALDC would force the residents out of their apartments for as long as 5 days or more with notices signed by property supervisor, Lynn Newton, regarding a massive $2.5 million renovation project taking place at Effie's House that involved the disturbing of hazardous materials in their apartments, in the hallways and common areas of the building.

As recent as July 27, 2012, without any notice in advance being served to the residents at Effie's House by EBALDC, suddenly a crew of workers appeared and started installing scaffolding around the exterior of the building (4 floors total), including a dark black filthy thick mesh/net that still covers the scaffolding on all floors of the building. The result is that the resident's apartments are shrouded in a sort of never ending type of darkness since the installation of the scaffolding, due to the lack of sunlight reaching their apartments.

During a discussion with a vice president of AmOne Corporation, which is the general contractor hired by EBALDC to do the massive $2.5 million renovation project at Effie's House, he stated that he served EBALDC a notice two weeks in advance before the installation of the scaffolding was to occur. He seemed surprised that EBALDC failed to serve the residents a notice in advance regarding the installation of the scaffolding, and the start of the massive project that began to remove hazardous materials from the exterior of the 21 unit residential building.

A document dated as recent as August 1, 2012, and signed by Shola Giwa (Olushola L. Giwa) the recently newly appointed Director of Property Management for EBALDC, states that she has spoken with the property supervisor Lynn Newton, to remind him of the importance of timely communication with residents regarding issues that affect them.

The massive project to remove hazardous materials (including asbestos and lead-based paint covered siding) from the exterior of the building by Sterling Environmental Corp., took several weeks to a month to occur, and had some of the residents frightened to such extremes that some residents were afraid to open their windows for weeks at a time.

The residents kept their windows and doors closed as much as possible to avoid having their apartments contaminated by the dust particles swirling around the building from the massive project taking place to remove the hazardous materials from the building. Air monitors were placed in the lobby of the building by ACC Environmental Consultants, and other locations around the building to measure the air quality at times while the hazardous materials were being removed from the building.

Now that most of the hazardous materials have been removed from the exterior of the building new siding is currently being installed on the exterior of the building, and the exterior of the building is also being re-painted.

Since the scaffolding has been installed around the building it has been a brutal experience for the residents at Effie's House due to the excessive levels of noise occurring from the workers on the scaffolding all day long, week after week. The continuous pounding of hammers on the outside of their apartments day after day, and currently the loud sound of air compressed nail guns being fired into the exterior walls of the building day after day, have resulted in many of the residents becoming frightened and afraid to reside in the building.

The residents are being forced to go along with all of the brutal demands being made by EBALDC during the massive renovation project that started taking place around a year ago, and the residents are being threatened with eviction if they fail to comply with EBALDC's demands, or they may face eviction if the residents find it impossible to meet EBALDC's demands at any given moment.

In recent weeks residents have also complained that EBALDC staff have started a whispering campaign in the building which has been causing even more emotional distress among the residents. Some of the residents claim that EBALDC staff have told them that they are planning to cut off the water in the building, and are planning to replace all of the water pipes throughout the whole building. As of yet, no notices have been placed in writing to the residents regarding any alleged threats to cut off their water.

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

Note: Lynda Carson is a long-time resident at Effie's House.