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A young man's housing battle against Landlords in a growing Bay Area housing crisis
This story highlights the increasing terror that is being utilized to remove long term residents, or below market rate tenants from their homes. The drive for profits are creating traumas that have larger implications in the health and well being of society as a whole. In a time of societal break down, this may be an indication of the down fall of the United States of America, as there are many similar parallels to the Roman Empire. Great populist movements are sprouting up across the US to combat corruption.
On June, 10th of 2014 Lake Park Apartments was acquired by an owner investment company named, First Class Lodi llc, and a property management group called The Apartment Group Inc. The new investors would quickly rushed through a plethora of major renovations, in order to be grandfathered into the old Oakland Rent Adjustment Program rental law, that allowed 100 percent pass through of capital improvements onto tenants without restrictions. The deadline to beat for passes through under the old law August, 1st of 2014. Capital improvements are a category of justifiable rent increases permitted for pass through if it exceeds the BLS and regional urban CPI published in early spring and effectively being adopted as annual default rent increase for Landlords in July by the Rent Adjustment Program, until June, 29th of the next year.
In April of 2014 First Class Lodi llc would initiate the process of escrow, to ultimately purchase the 1965 covered under the Oakland Rent Adjustment Program. Lake Park apartments at the time were populated by many educated professionals and organizers that quickly organized and established a tenants Union for the entire building. The first order of business was to dispute and challenge the 60 day notice, which was the property investors attempted to pass on the full amount of the renovation cost onto tenants. Oakland has what is known as Rent Arbitration program, which allows Landlords to pass through rent increases through a 60 day notice through the Rent Adjustment Program. The tenant has to submit a petition disputing the rent increase, while being given the task to disprove the validity of an attempted rent increase.
The tenants would successfully dispute half of the capital improvement pass throughs, and force the pass throughs to be subjected to the restrictions under the August 1st 2014 rent changes. This would not go without anger from the property owners, who are currently appealing the hearing officers judgment to the rent appeals board or its technical name, " The Housing Residential, Rent, and Relocation Board " HRRRB. One young man has been the property owner’s focal point of an accelerating adversarial relationship, primarily initiated and derived from the property owners, from where he rents his apartment.
Lake Park Apartments is a centrally located building in a desired location of Oakland that is undergoing tremendous revitalization. The revitalization has allowed for historic unforeseen land valuation increases transforming Oakland from an old industrial hub, toa tech startup and biotech industry oriented city. These conformational changes along with the California state law Costa Hawkins Rental Housing Act, permitting vacant units to be rented at market rate; this state law is what is known as vacancy decontrol. The definitions of market rate rents are vague and generally correspond to maximum rent increases, the local prospective tenants can absorb. The Oakland city council is in the process of declaring a housing state of emergency and has declared a homeless emergency. Los Angeles has already declared a housing emergency, with the pursuit of seeking a bond measure to combat the growing issue draining resources and presenting health and safety issues across the city of Oakland.
Charles Brooks III has been a resident at Lake Park apartments for 20 years as of June,2016. Charles and his father would maintain the building, and renovate vacant apartments under the oversight of 3 property owners. Charles Brooks III is a college graduate of Health Sciences and business; he is actively involved in multiple organizations, where he helps to improve his community. Charles is a diligent hard worker person, who has a registered business in Oakland, CA and is pursuing many dreams and aspirations.
In July of 2014, Charles would become involved in the newly formed tenants association, formed to protect the tenant's interest, and maintain fair and balanced engagement between the two parties. The owner investors would see this as a threat, and after petitions were submitted to the Oakland Rental adjustment Program, harassment and retaliation would commence. Charles Brooks III and Charles Brooks II would work for First Class Lodi llc, during the escrow period and would soon be supplanted after the point of sale.
In the first wave of abuses by management, means of communication were restricted, and many of the abilities to request minor repairs within his apartment were denied. Some of these repairs included a request to weld the hinges of the apartment’s emergency iron exit fire gate, along with an ongoing leak above the ceiling of his shower. The hostility and harassment by management would become so overwhelming that Charles would enter the side exits to avoid passing by management’s office, which are adjacent to the main entrances of the building. Charles wrote a public Yelp comment in article format, to itemize the factual incidents of misconduct and dereliction, bringing awareness to the circumstances imposed upon tenants at Lake Park apartments.
In response to the growing harassment Charles Brooks III would take a preemptive measure by initiating a Landlord tenant mediation through the national renown authority called the RPA, short for the Rental Protection Agency. The Landlords refused to respond to the issues of harassment or agree to mediation, Charles even extended the time the case was open in order to give First Class Lodi llc the maximum benefit of the doubt. In a rare executive decision the RPA had no choice under their authority of penalty to generate a full online public negative report of the company. This report was generated, as a result of First Class Lodi llc refused to respond or cooperate, which in their words is a bad omen.
Incidents of harassment would decelerate after the RPA attempted mediation, but the tactics would remain persistent. In the month of January 2016 the property owners along with their new property management group, Bay Apartment Advisors, and their new legal counsel the notorious law firm named, " The Law Offices of Bornstein & Bornstein", would deploy a barrage of assaults in the direction of Charles Brooks III.
The first deployed attack would include a misconstrued and erroneous justification of the California state law, Costa Hawkins Rental Housing Act to temporarily exempt the unit and raise the rent of Charles's apartment from 847.27 to 2065 dollar. He would receive a 60 day notice of changes of terms of tenancy, with fictitious names and parties attached, to alleged tenant term changes promoted by property owner’s speculative claims. Charles has filed against the pragmatic justification to the Oakland Rental Adjustment Program, and has been given a hearing date set for June 29th, 2016.
The next tactic to remove Charles from his apartment was his rent was held for 7 1/2 weeks, to send an email with photo copies of his check by the agents for the owner indicating this was to emit cashing of the checks did not waive the rights of the landlords to pursue Costa Hawkins. The rent increase would have taken effect April 1st of 2016, ifno petition was submitted to dispute the claims.
During the seven week period Charles's parking spot was removed without any oral or written notification, and he discovered the lost of his parking lot through the word of mouth of other tenants, confirming such a malicious act occurred. Next the agents for the owner would mail photo copies of Charles's January and February rent checks to his residential address, but then it was sent to his personal business mailing address. The secondary mailing address is shared by multiple business partners. The problem of the act derives, because the partners must know of such mail in advance to notify other parties as to what mail is restricted and should remain within the P.O Box unless otherwise directed. This incident caused Charles to experience identity theft, which he is currently working diligently to resolve through his banking provider. The monetary loses were a little over 9,000.00 dollars. The amount Charles is requesting is cash he needed to utilize from secondary sources to prevent damage to his checking account and credit score. This amount would total to 4,734.00 dollars.
Charles sent a cease and desist order to the agent owners declaring that they never send mail to his private mailing address; In addition a Police incident report was filed to record the incident. He has recently filed a small claim suit to recover the monetary damages incurred from the negligence by the agents for the owners. A week after the agent owners agreed to resolve the issues and workout the circumstances, they instead pulled a 180 degree turn and submitted a 3 day notice to pay rent or quit on 2/26/2016, aware of the dire circumstances they placed Charles under.
The owners would in turn once again agree to negotiate only to file for an unlawful detainer on 3/14/2016, which Charles Brooks III has answered and signed under duress, as the fictitious names and materially different tenant agreement is pragmatic. Charles cannot attest to or abide by the contrived alterations under perjury of penalty. The fictitious paper tenancy acts as a straw man argument that is fraudulent for him to agree to. All of the documents sent have insidiously addressed nonexistent occupants claiming possession of a apartment, without there ever being communication by the owners to Charles Brooks III. This is after Charles has communicated to management on multiple occasions about the legal tender discrepancies.
In additions Charles has been dealing with increased threats and harassment, while he is defending his name. At this point Charles has no choice but defend his honor and hold his ground, as this has become a never ending battle. Charles is a victim of a Bay Area crisis where tenant’s rights are being abused and are the collateral damage in some Landlords pursuits for increased profit margins. He is not sitting passive, and is offensively and defensively preserving his own individual interest. Charles is in fear for his wellbeing but he is optimistic that he will be the victor in the long run.
Charles Brooks III has created a gofundme page @
https://www.gofundme.com/mmqzpb78
Cited Source
_________________________________________________________________________________________________
https://www.indybay.org/newsitems/2016/03/23/18784443.php
http://www.eastbayexpress.com/oakland/when-landlords-harass-tenants/Content?oid=4235905
https://www.indybay.org/newsitems/2015/02/20/18768831.php?show_comments=1
http://www.rentalprotectionagency.com/case-23-4991-Lake-Park-Apartments-First-Class-Lodi-
https://youtu.be/Zx2y_vmgQOU
http://www.eastbayexpress.com/oakland/how-oakland-landlords-prevail-in-rent-disputes/Content?oid=4345386
https://www.indybay.org/newsitems/2016/02/17/18783024.php
https://www.indybay.org/newsitems/2014/12/24/18766010.php
http://sfappeal.com/2014/02/lawyer-from-eviction-boot-camp-firm-fined-and-reprimanded-during-contentious-effort-to-evict-richmond-district-tenants/
http://sfappeal.com/2014/07/infamous-sf-eviction-lawyers-use-dmca-claim-to-silence-protest-video/
In April of 2014 First Class Lodi llc would initiate the process of escrow, to ultimately purchase the 1965 covered under the Oakland Rent Adjustment Program. Lake Park apartments at the time were populated by many educated professionals and organizers that quickly organized and established a tenants Union for the entire building. The first order of business was to dispute and challenge the 60 day notice, which was the property investors attempted to pass on the full amount of the renovation cost onto tenants. Oakland has what is known as Rent Arbitration program, which allows Landlords to pass through rent increases through a 60 day notice through the Rent Adjustment Program. The tenant has to submit a petition disputing the rent increase, while being given the task to disprove the validity of an attempted rent increase.
The tenants would successfully dispute half of the capital improvement pass throughs, and force the pass throughs to be subjected to the restrictions under the August 1st 2014 rent changes. This would not go without anger from the property owners, who are currently appealing the hearing officers judgment to the rent appeals board or its technical name, " The Housing Residential, Rent, and Relocation Board " HRRRB. One young man has been the property owner’s focal point of an accelerating adversarial relationship, primarily initiated and derived from the property owners, from where he rents his apartment.
Lake Park Apartments is a centrally located building in a desired location of Oakland that is undergoing tremendous revitalization. The revitalization has allowed for historic unforeseen land valuation increases transforming Oakland from an old industrial hub, toa tech startup and biotech industry oriented city. These conformational changes along with the California state law Costa Hawkins Rental Housing Act, permitting vacant units to be rented at market rate; this state law is what is known as vacancy decontrol. The definitions of market rate rents are vague and generally correspond to maximum rent increases, the local prospective tenants can absorb. The Oakland city council is in the process of declaring a housing state of emergency and has declared a homeless emergency. Los Angeles has already declared a housing emergency, with the pursuit of seeking a bond measure to combat the growing issue draining resources and presenting health and safety issues across the city of Oakland.
Charles Brooks III has been a resident at Lake Park apartments for 20 years as of June,2016. Charles and his father would maintain the building, and renovate vacant apartments under the oversight of 3 property owners. Charles Brooks III is a college graduate of Health Sciences and business; he is actively involved in multiple organizations, where he helps to improve his community. Charles is a diligent hard worker person, who has a registered business in Oakland, CA and is pursuing many dreams and aspirations.
In July of 2014, Charles would become involved in the newly formed tenants association, formed to protect the tenant's interest, and maintain fair and balanced engagement between the two parties. The owner investors would see this as a threat, and after petitions were submitted to the Oakland Rental adjustment Program, harassment and retaliation would commence. Charles Brooks III and Charles Brooks II would work for First Class Lodi llc, during the escrow period and would soon be supplanted after the point of sale.
In the first wave of abuses by management, means of communication were restricted, and many of the abilities to request minor repairs within his apartment were denied. Some of these repairs included a request to weld the hinges of the apartment’s emergency iron exit fire gate, along with an ongoing leak above the ceiling of his shower. The hostility and harassment by management would become so overwhelming that Charles would enter the side exits to avoid passing by management’s office, which are adjacent to the main entrances of the building. Charles wrote a public Yelp comment in article format, to itemize the factual incidents of misconduct and dereliction, bringing awareness to the circumstances imposed upon tenants at Lake Park apartments.
In response to the growing harassment Charles Brooks III would take a preemptive measure by initiating a Landlord tenant mediation through the national renown authority called the RPA, short for the Rental Protection Agency. The Landlords refused to respond to the issues of harassment or agree to mediation, Charles even extended the time the case was open in order to give First Class Lodi llc the maximum benefit of the doubt. In a rare executive decision the RPA had no choice under their authority of penalty to generate a full online public negative report of the company. This report was generated, as a result of First Class Lodi llc refused to respond or cooperate, which in their words is a bad omen.
Incidents of harassment would decelerate after the RPA attempted mediation, but the tactics would remain persistent. In the month of January 2016 the property owners along with their new property management group, Bay Apartment Advisors, and their new legal counsel the notorious law firm named, " The Law Offices of Bornstein & Bornstein", would deploy a barrage of assaults in the direction of Charles Brooks III.
The first deployed attack would include a misconstrued and erroneous justification of the California state law, Costa Hawkins Rental Housing Act to temporarily exempt the unit and raise the rent of Charles's apartment from 847.27 to 2065 dollar. He would receive a 60 day notice of changes of terms of tenancy, with fictitious names and parties attached, to alleged tenant term changes promoted by property owner’s speculative claims. Charles has filed against the pragmatic justification to the Oakland Rental Adjustment Program, and has been given a hearing date set for June 29th, 2016.
The next tactic to remove Charles from his apartment was his rent was held for 7 1/2 weeks, to send an email with photo copies of his check by the agents for the owner indicating this was to emit cashing of the checks did not waive the rights of the landlords to pursue Costa Hawkins. The rent increase would have taken effect April 1st of 2016, ifno petition was submitted to dispute the claims.
During the seven week period Charles's parking spot was removed without any oral or written notification, and he discovered the lost of his parking lot through the word of mouth of other tenants, confirming such a malicious act occurred. Next the agents for the owner would mail photo copies of Charles's January and February rent checks to his residential address, but then it was sent to his personal business mailing address. The secondary mailing address is shared by multiple business partners. The problem of the act derives, because the partners must know of such mail in advance to notify other parties as to what mail is restricted and should remain within the P.O Box unless otherwise directed. This incident caused Charles to experience identity theft, which he is currently working diligently to resolve through his banking provider. The monetary loses were a little over 9,000.00 dollars. The amount Charles is requesting is cash he needed to utilize from secondary sources to prevent damage to his checking account and credit score. This amount would total to 4,734.00 dollars.
Charles sent a cease and desist order to the agent owners declaring that they never send mail to his private mailing address; In addition a Police incident report was filed to record the incident. He has recently filed a small claim suit to recover the monetary damages incurred from the negligence by the agents for the owners. A week after the agent owners agreed to resolve the issues and workout the circumstances, they instead pulled a 180 degree turn and submitted a 3 day notice to pay rent or quit on 2/26/2016, aware of the dire circumstances they placed Charles under.
The owners would in turn once again agree to negotiate only to file for an unlawful detainer on 3/14/2016, which Charles Brooks III has answered and signed under duress, as the fictitious names and materially different tenant agreement is pragmatic. Charles cannot attest to or abide by the contrived alterations under perjury of penalty. The fictitious paper tenancy acts as a straw man argument that is fraudulent for him to agree to. All of the documents sent have insidiously addressed nonexistent occupants claiming possession of a apartment, without there ever being communication by the owners to Charles Brooks III. This is after Charles has communicated to management on multiple occasions about the legal tender discrepancies.
In additions Charles has been dealing with increased threats and harassment, while he is defending his name. At this point Charles has no choice but defend his honor and hold his ground, as this has become a never ending battle. Charles is a victim of a Bay Area crisis where tenant’s rights are being abused and are the collateral damage in some Landlords pursuits for increased profit margins. He is not sitting passive, and is offensively and defensively preserving his own individual interest. Charles is in fear for his wellbeing but he is optimistic that he will be the victor in the long run.
Charles Brooks III has created a gofundme page @
https://www.gofundme.com/mmqzpb78
Cited Source
_________________________________________________________________________________________________
https://www.indybay.org/newsitems/2016/03/23/18784443.php
http://www.eastbayexpress.com/oakland/when-landlords-harass-tenants/Content?oid=4235905
https://www.indybay.org/newsitems/2015/02/20/18768831.php?show_comments=1
http://www.rentalprotectionagency.com/case-23-4991-Lake-Park-Apartments-First-Class-Lodi-
https://youtu.be/Zx2y_vmgQOU
http://www.eastbayexpress.com/oakland/how-oakland-landlords-prevail-in-rent-disputes/Content?oid=4345386
https://www.indybay.org/newsitems/2016/02/17/18783024.php
https://www.indybay.org/newsitems/2014/12/24/18766010.php
http://sfappeal.com/2014/02/lawyer-from-eviction-boot-camp-firm-fined-and-reprimanded-during-contentious-effort-to-evict-richmond-district-tenants/
http://sfappeal.com/2014/07/infamous-sf-eviction-lawyers-use-dmca-claim-to-silence-protest-video/
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