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John Stewart Company manages properties for the Alameda Housing Authority
by Lynda Carson (newzland2 [at] gmail.com)
Property Managers That Should Have A Real Estate License, But Do Not, Are Managing Properties For The John Stewart Company, At Properties Owned By The Alameda Housing Authority!
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John Stewart Company manages properties for the Alameda Housing Authority

Numerous properties managed by JSC but owned by Alameda Housing Authority have property managers without a real estate license

By Lynda Carson - May 3, 2022

The John Stewart Company manages some properties for the Alameda Housing Authority, but some of the property managers for the John Stewart Company working at properties owned by the Alameda Housing Authority, may be operating illegally as property managers.

Recently, the John Stewart Company (JSC) announced that they are seeking to hire a property manager for the Esperanza Apartments, in Alameda.

Among other things, the JSC, a for-profit company,
is a property management company managing properties for many non-profit housing organizations in California,
including the Bay Area.

For the record, the Esperanza Apartments in Alameda is owned by the Alameda Housing Authority.

According to the website for the Alameda Housing Authority, it reveals that the John Stewart Company (JSC) manages a number of residential properties for the Alameda Housing Authority, including China Clipper Plaza, Eagle Village, Esperanza, Lincoln House, Lincoln Willow Apartments, Parrot Gardens, Parrot Village, Rosefield Village, Senior Condominiums, Sherman House, and the Stanford House.

These properties receive HUD subsidies.

The properties for the Alameda Housing Authority being managed by JSC list the following persons as property managers: Yolande Pendley, Rachel Kelley, Zakiya Jamison, and Ayonna Peoples. According to the records with the Department of Real Estate in California, out of the four property managers named, only a person named Rachel Kelly is listed as having a real estate license.

This means that at a minimum, the Department of Real Estate records reveal that three out of the four property managers listed above who are managing properties for JSC at numerous properties owned by the Alameda Housing Authority, do not have a real estate license, as is required by California state law.

Responsibilities:

Responsibilities for the property manager that JSC wants to hire for the Esperanza Apartments?


• Ensure consistent application of property rules and regulations, lease documents and report all violation.

• Process, complete and maintain accurate resident files at move-in and at each recertification within established regulatory guidelines.

• Conduct recruiting, hiring and termination process as well as training and evaluation of all staffs.

• Responsible for program compliance such as HUD, TCAC, Home Program, RHCP, CAL HFA. AHP, etc.

• Obtains appropriate documentation, completes certifications and collects deposits and rents in accordance with program policies and procedures.

• Ensures site staff responds to all resident requests or complaints in a timely, efficient and courteous manner.

• Complete work orders and turnover of vacant units in a timely manner.

Qualifications:

Qualifications needed for the property manager JSC requires for the person they want to hire at Esperanza Apartments?


• High school diploma or GED required. BA degree or two years experience in affordable housing and management is desirable.

• Basic mathematical skills with proficiency in reading, writing, and speaking English.

• Able to work in a fast-paced environment with ability to prioritize assignments to meet deadlines.

• Minimum of 2 years of experience in management, training and evaluation with Tax Credit properties.

• Knowledge of Microsoft Word, Excel and Outlook are essential. Boston Post software knowledge is a plus.

Out of the numerous qualifications the JSC is demanding, the JSC is not requiring the person they are seeking for the property management job at Esperanza Apartments, owned by the Alameda Housing Authority, to have a California real estate license.

California Licensing Laws:

Reportedly, “For anyone stepping into managing a property on behalf of the owner, the first requirement is to have a property management license in California. The regulation (10131-b) clearly states that buying, selling, or leasing property without a license, is unlawful. To apply for the real estate license, the following criteria need to be met as per the California Property Management Laws:”

• The applicant must be a minimum of 18 years of age

• Should be a US citizen

• Should have no criminal record

• Should have completed three college-level courses, as approved by the California Department of Real Estate, and should have passed the licensing exam.

When a license is needed to manage property:

Reportedly, “An individual or corporation needs to hold a broker license if they perform or offer to perform any of the following services on behalf of another in exchange for a fee:

• listing real estate for rent or lease;

• marketing the property to locate prospective tenants;

• listing prospective tenants for the rental or lease of real estate;

• locating property to rent or lease;

• selling, buying or exchanging existing leasehold interests in real estate;

• managing income-producing properties; or

• collecting rents from tenants of real estate. [Bus & P C §10131(b)]


An individual employed by a broker to perform any of the above services needs to be licensed by the California Department of Real Estate (DRE), either as a broker or sales agent employed and supervised by a broker.

Some duties that do require a license and that may be performed by a property manager include collecting rents and managing the operations of income-producing properties.

Lack Of Oversight Over Property Managers In Properties Owned By Non-Profit Housing Developers:

According to the Harvard Law Review, “In Project-Based Section 8 housing, unlike tenant-based Section 8 programs, through which eligible tenants find their own housing, project-based housing is tied to specific projects. See Policy Basics: Section 8 Project-Based Rental Assistance, CTR. ON BUDGET & POL’Y PRIORITIES, https://www.cbpp.org/research/housing/section-8-project-based-rental-assistance [https://perma.cc/5YBZ-A42U]. This Note focuses on the latter. one of the main structural breakdowns affecting the everyday lives of tenants is the lack of a functioning accountability and oversight system for the private property managers who carry out the housing program. These property managers have deep access to tenants’ private information and the power to make decisions of enormous consequence. HUD was originally responsible for monitoring property managers’ behavior and ensuring regulatory compliance to protect tenants from abuse.2. Holbrook v. Pitt, 479 F. Supp. 990, 992 (E.D. Wis. 1979) (“The heart of the assistance payment system is the contract entered into between HUD and the owner.  The contract governs the relationship between the contracting parties and spells out the duties of the owner with respect to administration of the section 8 program.”). However, HUD has contracted out that responsibility to public housing agencies (PHAs), many of whom have then further contracted it out to private service providers (PSPs). This system has proved wholly ineffective at actually policing property manager noncompliance. As a result, property manager abuse is endemic in Project-Based Section 8 housing. Tenants suffer the consequences in myriad ways, from overpaying hundreds of dollars of rent to facing improper evictions.3. See, e.g., Anjali Kamat, NYCHA Hires Private “Slumlord” to Run Public Housing, WNYC (Feb. 6, 2019), https://www.wnyc.org/story/nycha-hires-private-slumlord-public-housing“>https://www.wnyc.org/story/nycha-hires-private-slumlord-public-housing/”>https://www.wnyc.org/story/nycha-hires-private-slumlord-public-housing [https://perma.cc/Q4CE-CZCE]; Molly Parker, “Pretty Much a Failure”: HUD Inspections Pass Dangerous Apartments Filled with Rats, Roaches and Toxic Mold, S. Illinoisan (Nov. 16, 2018), https://thesouthern.com/news/local/pretty-much-a-failure-hud-inspections-pass-dangerous-apartments-filled-with-rats-roaches-and-toxic/article_445a8e2a-d3c2-58f0-8229-5cf274f6ad04.html“>https://thesouthern.com/news/local/pretty-much-a-failure-hud-inspections-pass-dangerous-apartments-filled-with-rats-roaches-and-toxic/article_445a8e2a-d3c2-58f0-8229-5cf274f6ad04.html”>https://thesouthern.com/news/local/pretty-much-a-failure-hud-inspections-pass-dangerous-apartments-filled-with-rats-roaches-and-toxic/article_445a8e2a-d3c2-58f0-8229-5cf274f6ad04.html [https://perma.cc/VY49-VFHP].

This failure to enforce tenants’ rights is particularly egregious in a subsidy program that is designed to touch and control almost every aspect of tenants’ financial lives, and where the majority of tenants are elderly or disabled.”

For more about the John Stewart Company see link further below…

-Lynda Carson may be reached at newzland2 [at] gmail.com

Non-profit affordable housing developers and property managers operating illegally

By Lynda Carson - Sunday May 1st, 2022

Click below for the full story…

https://www.indybay.org/newsitems/2022/05/01/18849367.php

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