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In memory of legendary activist attorney John Murcko
Photo of famed activist attorney Tony Serra shortly after his release from prison in 2007, who defended some clients including Huey Newton, the Black Panthers, George Christie of the Hells Angels, and many others. Lydia Ganz photo.
In memory of legendary activist attorney John Murcko
I miss John Murcko, and the times we went to Oakland City Hall meetings advocating for tenant’s rights
By Lynda Carson - May 18, 2026
Oakland, CA - In memory of legendary activist attorney John Murcko, who passed away nearly eight years ago on May 23, 2018, in Berkeley, CA. John Murcko represented many tenants in Oakland, and the Bay Area to help keep them from being evicted from their housing, and I hope to keep the memory of his good deeds alive for people to remember.
It was during 2007, the legendary activist attorney John Murcko represented his famed legendary friend and attorney Tony Serra after Serra’s release from prison, in a lawsuit against the federal government over slave labor practices. In the past famed attorney Tony Serra represented many clients including Huey Newton, the Black Panthers, George Christie of the Hells Angels, and many others.
During January 2004, attorney John Murcko helped to organize the celebration of the tenth year anniversary of the Eviction Defense Center, and proudly was the one to offer Anne Omura a beautiful Community Service Award on behalf of the East Bay Tenants Bar Association which said; To Anne Tamiko Omura, Director of the Eviction Defense Center, For Outstanding Representation of Tenants in Alameda and Contra Costa County.
John Murcko also worked a lot with Just Cause Oakland (Causa Justa/Just Cause), to defend tenant’s rights, and to change Oakland’s rent laws to offer Just Cause eviction protections for the tenants.
John Murcko and activist attorney Anne Omura of the Eviction Defense Center were also deeply involved in the struggle to protect the tenants at the California Hotel in 2008, after the tenants faced eviction, and threats to cut off their electricity, and water. Murcko was in the news media often during the struggle to defend the tenants at the California Hotel, and got a lot of attention for his attorney activism to protect the tenants.
John Murcko passed away on May 23, 2018.
According to an obituary release with Legacy, “John Murcko died peacefully on May 23, 2018 at age 77 in Berkeley, California among friends and loved ones after a long battle with cancer. He had always been an inspired and inspiring tireless activist. In 1967 as a law student, he worked in the office of an African-American civil rights attorney in Little Rock, Arkansas investigating practices in the state prisons there. In the antiwar movement, he helped disaffected GI's: those seeking Conscientious Objector status or with deep antiwar sentiment and those discriminated against in the military. He argued two cases before the U.S. Supreme Court dealing with the rights of GI's in the military, losing one and winning one. Later, he was a legendary tenants' attorney and most often, to his clients benefit, he effectively chose to argue before a judge or jury rather than settle cases. John stopped mass evictions from the California Hotel in Oakland and helped to keep it open as affordable housing.
As an anti-imperialist activist, he worked for years with many others to end the blockade of Cuba, taking much needed medical supplies and computers to that country. Finally, he was active in the fight against neo-liberalism in its privitization aspect, to save the Berkeley post office. He believed it belonged to the public. He was much loved and will be long remembered by many for his warmth, intelligence, strong convictions, positive outlook, sparkle and sheer energy.”
That’s right, legendary tenant’s rights attorney John Murcko passed away on May 23, 2018, and many friends, tenants, and local attorneys got together at Bacheesos restaurant on Telegraph Avenue in Berkeley (2650 Telegraph Avenue) on Sunday, August 26th, 2018, 5-8pm for John's memorial service, and some great John Murcko stories to share. In addition to some drinks, food, and friendship, some attorneys brought their musical instruments and played some music for the crowd, It was a fun beautiful evening for all.
John Murcko, an attorney for 47 years or more who loved to play the accordion and sing union songs, is originally from Passiac, New Jersey, and stated that he gained his self confidence from working with famed attorney Tony Serra for a year, or more. A member of the East Bay Tenants Bar Association, before his passing, Murcko has been a pro-tenant attorney for many years, and helped to form the Eviction Defense Center (EDC) with attorney Ira Jacobowitz, and EDC executive director, attorney Anne Omura.
Sometime during the fall of 1994, several meetings began to take place to explore ways to find a solution to the horrifying situation of the mass evictions occurring in Oakland, and the Bay Area. A number of people became involved as founders of the Eviction Defense Center (EDC), including attorneys Ira Jacobowitz, Phil Rapier, John Murcko, Bill Simpage, David Shagam and Kenny Walton.
During that same period, Collective Legal Services being run by Katya Komisaruk and Cinthia Chandler already had a 501-3C, but, began to flounder, and a deal was made turn it over to the founders of the EDC.
Ira Jacobowitz was the first to donate a computer and other office equipment, and others donated amounts of money to get the office up and running. Hina Shah became the first managing director of the EDC, and was the one to figure out a sliding scale formula affordable to low-income renters that would be enough to keep the EDC up and running. The doors opened in February of 1995, and the immediate challenge was to find a way to reach the tenants needing legal representation in the courts.
Fresh out of Boalt Hall Law School at the ripe old age of 25, Anne Tamiko Omura joined the EDC during December of 1996 as the managing attorney for the law firm, and has been instrumental in taking the EDC to new levels of legal representation provided to the low-income renters. Anne Omura has been successful in keeping the EDC open all these years with the help of rotating attorneys including Ira Jacobowitz, Phil Rapier, John Murcko, Bill Simpage, Andrew Wolff, Jorge Aguilar, Joe Coangelo, and others.
Before the Eviction Defense Center existed, during the early 1990s Doug Norman and attorney Ira Jacobowitz used to hold weekly or bi-weekly tenant’s rights meetings downtown Oakland to help teach tenants how to fight against evictions, and how to organize rent strikes against bad landlords.
California Hotel Evictions By Oakland Community Housing (OCHI).
John Murcko’s plan to sue the Oakland Community Housing, Inc. (OCHI), in 2008.
According to a story by Lynda Carson, “On July 1, 2008, on the KPFA evening news, local attorney John Murcko announced that he planned to file a lawsuit next week in Alameda County Superior Court against the Oakland Community Housing, Inc. (OCHI), an Oakland non profit housing developer because they are breaking a 30 year requirement to provide housing to many very low-income Oakland residents at the California Hotel.
OCHI recently served eviction notices to all the residents of the California Hotel, demanding that they must relocate out of the hotel by July 15, 2008.
According to attorney John Murcko, the owners of the California Hotel (OCHI) are claiming that they ran out of money and can no longer operate the hotel properly. This despite the fact that OCHI has received and been receiving massive amounts of funding from local and state governments to acquire and maintain the California Hotel with low-cost loans that stipulate that OCHI must provide housing to low-income tenants for a 30 year period, in order to even receive the loans.”
The California Hotel and OCHI was sued by 43 tenants back in August of 2005, for negligence that resulted in rats, bedbugs, and roach infestations throughout the hotel.
Since then the hotel and OCHI was sued one more time for failing to operate the hotel properly after ordered to do so by the courts, and this will be the third law-suit filed since August of 2005.
Murcko is sending a letter to Congresswoman Barbara Lee to seek more funding for the hotel in an attempt to help the residents remain in their housing.
Murcko also accused the City of Oakland as being complicit with OCHI in the attempt to evict and displace the many current residents of the hotel, because Oakland is offering some funding to OCHI to be used as a relocation funding package to force the renters from the hotel.
Murcko is demanding that OCHI should sell some of their properties to come up with the money needed to operate the California Hotel properly.
On March 31, 2009 a petition created by John Murcko, with over 500 signatures was delivered to Oakland's City Council demanding an investigation into Oakland Community Housing, INC (OCHI). OCHI was later dissolved, and was known as a nonprofit housing developer that was originally founded by the Black Panther Party.
Additionally, on the KPFA evening news on July 1, 2008, along with John Murcko, I was also interviewed, and am quoted as saying something to the effect that, "I am not surprised that KPFA cannot find any one from the city to comment on the many residents facing eviction from the California Hotel. That the non profits are protected in Oakland, with Council Members are being involved in pet projects with the nonprofits and that some nonprofit housing organizations are actually involved in projects that actually displace the poor, in the name of creating so-called affording housing.
I went on to mention how the Oakland Housing Authority (OHA) was planning to sell off or demolish most of it's public housing in the near future, and mentioned how nonprofits have been involved in mixed income housing developments at public housing sites, that have displaced poor public housing tenants in Oakland during the process.”
More about the legendary activist attorney John Murcko may be found by clicking here.
May my old friend John Murcko rest in peace.
Lynda Carson may be reached at newzland2 [at] gmail.com
>>>>>>>
>>>>>>>
I miss John Murcko, and the times we went to Oakland City Hall meetings advocating for tenant’s rights
By Lynda Carson - May 18, 2026
Oakland, CA - In memory of legendary activist attorney John Murcko, who passed away nearly eight years ago on May 23, 2018, in Berkeley, CA. John Murcko represented many tenants in Oakland, and the Bay Area to help keep them from being evicted from their housing, and I hope to keep the memory of his good deeds alive for people to remember.
It was during 2007, the legendary activist attorney John Murcko represented his famed legendary friend and attorney Tony Serra after Serra’s release from prison, in a lawsuit against the federal government over slave labor practices. In the past famed attorney Tony Serra represented many clients including Huey Newton, the Black Panthers, George Christie of the Hells Angels, and many others.
During January 2004, attorney John Murcko helped to organize the celebration of the tenth year anniversary of the Eviction Defense Center, and proudly was the one to offer Anne Omura a beautiful Community Service Award on behalf of the East Bay Tenants Bar Association which said; To Anne Tamiko Omura, Director of the Eviction Defense Center, For Outstanding Representation of Tenants in Alameda and Contra Costa County.
John Murcko also worked a lot with Just Cause Oakland (Causa Justa/Just Cause), to defend tenant’s rights, and to change Oakland’s rent laws to offer Just Cause eviction protections for the tenants.
John Murcko and activist attorney Anne Omura of the Eviction Defense Center were also deeply involved in the struggle to protect the tenants at the California Hotel in 2008, after the tenants faced eviction, and threats to cut off their electricity, and water. Murcko was in the news media often during the struggle to defend the tenants at the California Hotel, and got a lot of attention for his attorney activism to protect the tenants.
John Murcko passed away on May 23, 2018.
According to an obituary release with Legacy, “John Murcko died peacefully on May 23, 2018 at age 77 in Berkeley, California among friends and loved ones after a long battle with cancer. He had always been an inspired and inspiring tireless activist. In 1967 as a law student, he worked in the office of an African-American civil rights attorney in Little Rock, Arkansas investigating practices in the state prisons there. In the antiwar movement, he helped disaffected GI's: those seeking Conscientious Objector status or with deep antiwar sentiment and those discriminated against in the military. He argued two cases before the U.S. Supreme Court dealing with the rights of GI's in the military, losing one and winning one. Later, he was a legendary tenants' attorney and most often, to his clients benefit, he effectively chose to argue before a judge or jury rather than settle cases. John stopped mass evictions from the California Hotel in Oakland and helped to keep it open as affordable housing.
As an anti-imperialist activist, he worked for years with many others to end the blockade of Cuba, taking much needed medical supplies and computers to that country. Finally, he was active in the fight against neo-liberalism in its privitization aspect, to save the Berkeley post office. He believed it belonged to the public. He was much loved and will be long remembered by many for his warmth, intelligence, strong convictions, positive outlook, sparkle and sheer energy.”
That’s right, legendary tenant’s rights attorney John Murcko passed away on May 23, 2018, and many friends, tenants, and local attorneys got together at Bacheesos restaurant on Telegraph Avenue in Berkeley (2650 Telegraph Avenue) on Sunday, August 26th, 2018, 5-8pm for John's memorial service, and some great John Murcko stories to share. In addition to some drinks, food, and friendship, some attorneys brought their musical instruments and played some music for the crowd, It was a fun beautiful evening for all.
John Murcko, an attorney for 47 years or more who loved to play the accordion and sing union songs, is originally from Passiac, New Jersey, and stated that he gained his self confidence from working with famed attorney Tony Serra for a year, or more. A member of the East Bay Tenants Bar Association, before his passing, Murcko has been a pro-tenant attorney for many years, and helped to form the Eviction Defense Center (EDC) with attorney Ira Jacobowitz, and EDC executive director, attorney Anne Omura.
Sometime during the fall of 1994, several meetings began to take place to explore ways to find a solution to the horrifying situation of the mass evictions occurring in Oakland, and the Bay Area. A number of people became involved as founders of the Eviction Defense Center (EDC), including attorneys Ira Jacobowitz, Phil Rapier, John Murcko, Bill Simpage, David Shagam and Kenny Walton.
During that same period, Collective Legal Services being run by Katya Komisaruk and Cinthia Chandler already had a 501-3C, but, began to flounder, and a deal was made turn it over to the founders of the EDC.
Ira Jacobowitz was the first to donate a computer and other office equipment, and others donated amounts of money to get the office up and running. Hina Shah became the first managing director of the EDC, and was the one to figure out a sliding scale formula affordable to low-income renters that would be enough to keep the EDC up and running. The doors opened in February of 1995, and the immediate challenge was to find a way to reach the tenants needing legal representation in the courts.
Fresh out of Boalt Hall Law School at the ripe old age of 25, Anne Tamiko Omura joined the EDC during December of 1996 as the managing attorney for the law firm, and has been instrumental in taking the EDC to new levels of legal representation provided to the low-income renters. Anne Omura has been successful in keeping the EDC open all these years with the help of rotating attorneys including Ira Jacobowitz, Phil Rapier, John Murcko, Bill Simpage, Andrew Wolff, Jorge Aguilar, Joe Coangelo, and others.
Before the Eviction Defense Center existed, during the early 1990s Doug Norman and attorney Ira Jacobowitz used to hold weekly or bi-weekly tenant’s rights meetings downtown Oakland to help teach tenants how to fight against evictions, and how to organize rent strikes against bad landlords.
California Hotel Evictions By Oakland Community Housing (OCHI).
John Murcko’s plan to sue the Oakland Community Housing, Inc. (OCHI), in 2008.
According to a story by Lynda Carson, “On July 1, 2008, on the KPFA evening news, local attorney John Murcko announced that he planned to file a lawsuit next week in Alameda County Superior Court against the Oakland Community Housing, Inc. (OCHI), an Oakland non profit housing developer because they are breaking a 30 year requirement to provide housing to many very low-income Oakland residents at the California Hotel.
OCHI recently served eviction notices to all the residents of the California Hotel, demanding that they must relocate out of the hotel by July 15, 2008.
According to attorney John Murcko, the owners of the California Hotel (OCHI) are claiming that they ran out of money and can no longer operate the hotel properly. This despite the fact that OCHI has received and been receiving massive amounts of funding from local and state governments to acquire and maintain the California Hotel with low-cost loans that stipulate that OCHI must provide housing to low-income tenants for a 30 year period, in order to even receive the loans.”
The California Hotel and OCHI was sued by 43 tenants back in August of 2005, for negligence that resulted in rats, bedbugs, and roach infestations throughout the hotel.
Since then the hotel and OCHI was sued one more time for failing to operate the hotel properly after ordered to do so by the courts, and this will be the third law-suit filed since August of 2005.
Murcko is sending a letter to Congresswoman Barbara Lee to seek more funding for the hotel in an attempt to help the residents remain in their housing.
Murcko also accused the City of Oakland as being complicit with OCHI in the attempt to evict and displace the many current residents of the hotel, because Oakland is offering some funding to OCHI to be used as a relocation funding package to force the renters from the hotel.
Murcko is demanding that OCHI should sell some of their properties to come up with the money needed to operate the California Hotel properly.
On March 31, 2009 a petition created by John Murcko, with over 500 signatures was delivered to Oakland's City Council demanding an investigation into Oakland Community Housing, INC (OCHI). OCHI was later dissolved, and was known as a nonprofit housing developer that was originally founded by the Black Panther Party.
Additionally, on the KPFA evening news on July 1, 2008, along with John Murcko, I was also interviewed, and am quoted as saying something to the effect that, "I am not surprised that KPFA cannot find any one from the city to comment on the many residents facing eviction from the California Hotel. That the non profits are protected in Oakland, with Council Members are being involved in pet projects with the nonprofits and that some nonprofit housing organizations are actually involved in projects that actually displace the poor, in the name of creating so-called affording housing.
I went on to mention how the Oakland Housing Authority (OHA) was planning to sell off or demolish most of it's public housing in the near future, and mentioned how nonprofits have been involved in mixed income housing developments at public housing sites, that have displaced poor public housing tenants in Oakland during the process.”
More about the legendary activist attorney John Murcko may be found by clicking here.
May my old friend John Murcko rest in peace.
Lynda Carson may be reached at newzland2 [at] gmail.com
>>>>>>>
>>>>>>>
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Photo of John Murcko, & California Hotel victory story...
Heres a photo of John Murcko, and a California Hotel victory story below that I published with the San Francisco Bay View newspaper in 2008. The Bay View story helps to reveal the struggle that took place with John Murcko and attorney Anne Omura of the Eviction Defense Center helping to save the housing of the low-income tenants in the California Hotel from eviction at that time...
The City of Oakland got down and dirty in their efforts to displace the poor people from the California Hotel.
May John Murcko Rest in Peace.......
-Lynda Carson
>>>>>>>>
>>>>>>>>
http://web.archive.org/web/20250207161954/https://sfbayview.com/2008/11/big-victory-for-california-hotel-tenants-2/
Big victory for California Hotel tenants
November 16, 2008
(The tenants have been cleaning and managing the hotel themselves since being abandoned by their landlord.)
by Lynda Carson
Oakland – In a huge victory for the tenants of the California Hotel, Alameda County Superior Court Judge Richard Keller ruled on Oct. 29 to keep in place a temporary restraining order against Oakland Community Housing Inc. (OCHI), stopping the corrupt nonprofit housing developer from evicting the tenants or shutting off the gas, water and electricity at the historic hotel they reside in.
According to attorney John Murcko, “The judge appointed Anne Omura of the Eviction Defense Center as a trustee to operate the California Hotel for the court, with full powers to hire a management company to manage the hotel. Ms. Omura will be allowed to rent out all 150 rooms at the California Hotel, so that there will be enough of an income coming in to properly manage and maintain the building for the current 52 low-income renters still residing there after refusing to move when threatened with eviction.
“The tenants prevailed. There was no one from Oakland Community Housing appearing in court today to oppose the tenants’ needs or Judge Richard Keller’s ruling. This is a big victory for the people,” said Murcko.
Altogether, over 500 low-income Oakland renters have been facing eviction by their landlord, Oakland Community Housing, and its management agent the John Stewart Co. after refusing to move from their housing complexes throughout the city of Oakland, despite being attacked by city officials and abandoned by OCHI and John Stewart.
With the help of Anne Omura of the Eviction Defense Center, the residents of the California Hotel have been responsible for three months of self management at the historic hotel, while the residents of Marin Way Court and Nueva Vista have been managing their housing complexes for the last two months since being abandoned and threatened with eviction if they continue to remain in their homes.
On Aug. 27, after accusing OCHI of running a “shell game,” Judge Keller ordered the case to be continued until Oct. 29. At the Aug. 27 hearing, with more than 20 tenants in court from the California Hotel listening intently to the judge, the tenants had been delighted to hear the judge say that he was willing to appoint a receiver to run the historic hotel.
At that point, the tenants’ attorney John Murcko said: “This is positive. If the judge had a case against the tenants, he would have ruled against them already. Judge Richard Keller agreed that the tenants of the California Hotel have the upper hand in this case because OCHI has violated the regulatory agreement involving low-cost loans that stipulate that OCHI is required to provide housing to the low-income tenants of the California Hotel for a 30-year period.
“OCHI and their partners are corrupt and abandoned the hotel. I want the judge to allow the empty rooms at the hotel to be rented out so that there is enough money coming in to properly manage the building for the next 12 years. There’s no point in selling the building or forcing the tenants out of their housing, because there’s no place for the tenants to go. Most of the tenants are elderly, and many are disabled. This is not about making money; this is all about housing the poor.”
OCHI has spent around $9 million in local, state, and federal loans for renovations to the California Hotel, after agreeing in 1992 to offer 30 years of low-income housing to Oakland renters.
“OCHI and their partners got ungodly credits and tax benefits,” said Judge Keller.
Like other nonprofit housing organizations in Oakland and the Bay Area, OCHI established a nonprofit subsidiary for each of the many properties it developed through the years. OCHI then charged fees to each of the subsidiaries. All the money disappeared from each location through the years, finding its way back to the corrupt main organization.
For the California Hotel, OCHI set up a nonprofit organization called CaHon Associates, Inc. Since OCHI reopened the hotel around 1991, CaHon Associates, using the name Cahon Inc., filed 990 tax forms with the IRS on only two occasions, making it nearly impossible for anyone to see where all the money went through the years that flowed into the California Hotel and eventually disappeared into the nonprofit organization known as OCHI.
Due to a lack of oversight, many local nonprofit housing organizations have become corrupted. Many are in violation of state and local laws, while abusing the rights of their tenants who are often low-income, elderly or disabled.
As recently as July 15, OCHI, CaHon Associates and the John Stewart Co. abandoned the tenants at the California Hotel after trying to frighten them out of their homes and threatening to cut off their water and utilities. The tenants fought back and refused to move.
For breach of contract, the tenants sued OCHI and the John Stewart Co. for $2.5 million, and on Aug. 6 the tenants filed an additional claim against Oakland city employees Sean Rogan, Marge Gladman and the City of Oakland for $53 million for their involvement in the scheme to force the tenants out of the hotel.
After pulling in many millions in subsidies to develop around 19 properties, in addition to the rents they have been collecting through the years, the corrupt nonprofit housing developer is now trying to claim that it is broke.
In a show of force meant to frighten the California Hotel tenants out of their homes, on July 21, in a surprise visit, five squad cars containing eight to 10 cops descended upon the hotel. Barely minutes later, James Edwards, the deputy chief of the Oakland Fire Department, Vincent Crudele of the Fire Code Inspection Services Unit and Rick Fielding plus several of his assistants from the Oakland Building Services Division joined the Oakland cops to conduct a search of the old hotel, located at 3501 San Pablo Ave., including the rooms of all the tenants.
According to the tenants’ attorney John Murcko, “There’s no one left in OCHI to run the organization. They all ran off except for one person, and it’s basically only the tenants and the attorneys left to fight this out in the courts.”
Since July 15, the tenants have been providing their own security, managing the hotel and keeping it clean, with the assistance of Anne Omura of Oakland’s Eviction Defense Center. John Murcko is one of the founding members of the Eviction Defense Center.
The reason 500 low-income tenants are presently at risk of losing their housing in OCHI properties throughout Oakland is that OCHI tried to dump them in a scheme to reuse the properties to bring in higher revenues. The scheme backfired on OCHI when the tenants refused to be bullied out of their homes.
On July 23, the residents of the California Hotel celebrated their first week of resident control by dropping a large banner in front of the hotel that said, “We Will Not Be Moved.” Just Cause Oakland continues to ask the community to come out and show their support of the tenants at the California Hotel. Food Not Bombs has responded by contributing free food to help the tenants in their time of need.
The historic California Hotel was built in 1929 and became a popular Oakland location that catered to the African American community and many legendary performers, such as Billie Holiday, Count Basie, Ike and Tina Turner, Fats Domino, James Brown and many, many others. In the East Bay, the California Hotel was the only full service hotel that welcomed African Americans during the 1950s.
Lynda Carson may be reached at tenantsrule [at] yahoo.com.
>>>>>>>
>>>>>>>
Heres a photo of John Murcko, and a California Hotel victory story below that I published with the San Francisco Bay View newspaper in 2008. The Bay View story helps to reveal the struggle that took place with John Murcko and attorney Anne Omura of the Eviction Defense Center helping to save the housing of the low-income tenants in the California Hotel from eviction at that time...
The City of Oakland got down and dirty in their efforts to displace the poor people from the California Hotel.
May John Murcko Rest in Peace.......
-Lynda Carson
>>>>>>>>
>>>>>>>>
http://web.archive.org/web/20250207161954/https://sfbayview.com/2008/11/big-victory-for-california-hotel-tenants-2/
Big victory for California Hotel tenants
November 16, 2008
(The tenants have been cleaning and managing the hotel themselves since being abandoned by their landlord.)
by Lynda Carson
Oakland – In a huge victory for the tenants of the California Hotel, Alameda County Superior Court Judge Richard Keller ruled on Oct. 29 to keep in place a temporary restraining order against Oakland Community Housing Inc. (OCHI), stopping the corrupt nonprofit housing developer from evicting the tenants or shutting off the gas, water and electricity at the historic hotel they reside in.
According to attorney John Murcko, “The judge appointed Anne Omura of the Eviction Defense Center as a trustee to operate the California Hotel for the court, with full powers to hire a management company to manage the hotel. Ms. Omura will be allowed to rent out all 150 rooms at the California Hotel, so that there will be enough of an income coming in to properly manage and maintain the building for the current 52 low-income renters still residing there after refusing to move when threatened with eviction.
“The tenants prevailed. There was no one from Oakland Community Housing appearing in court today to oppose the tenants’ needs or Judge Richard Keller’s ruling. This is a big victory for the people,” said Murcko.
Altogether, over 500 low-income Oakland renters have been facing eviction by their landlord, Oakland Community Housing, and its management agent the John Stewart Co. after refusing to move from their housing complexes throughout the city of Oakland, despite being attacked by city officials and abandoned by OCHI and John Stewart.
With the help of Anne Omura of the Eviction Defense Center, the residents of the California Hotel have been responsible for three months of self management at the historic hotel, while the residents of Marin Way Court and Nueva Vista have been managing their housing complexes for the last two months since being abandoned and threatened with eviction if they continue to remain in their homes.
On Aug. 27, after accusing OCHI of running a “shell game,” Judge Keller ordered the case to be continued until Oct. 29. At the Aug. 27 hearing, with more than 20 tenants in court from the California Hotel listening intently to the judge, the tenants had been delighted to hear the judge say that he was willing to appoint a receiver to run the historic hotel.
At that point, the tenants’ attorney John Murcko said: “This is positive. If the judge had a case against the tenants, he would have ruled against them already. Judge Richard Keller agreed that the tenants of the California Hotel have the upper hand in this case because OCHI has violated the regulatory agreement involving low-cost loans that stipulate that OCHI is required to provide housing to the low-income tenants of the California Hotel for a 30-year period.
“OCHI and their partners are corrupt and abandoned the hotel. I want the judge to allow the empty rooms at the hotel to be rented out so that there is enough money coming in to properly manage the building for the next 12 years. There’s no point in selling the building or forcing the tenants out of their housing, because there’s no place for the tenants to go. Most of the tenants are elderly, and many are disabled. This is not about making money; this is all about housing the poor.”
OCHI has spent around $9 million in local, state, and federal loans for renovations to the California Hotel, after agreeing in 1992 to offer 30 years of low-income housing to Oakland renters.
“OCHI and their partners got ungodly credits and tax benefits,” said Judge Keller.
Like other nonprofit housing organizations in Oakland and the Bay Area, OCHI established a nonprofit subsidiary for each of the many properties it developed through the years. OCHI then charged fees to each of the subsidiaries. All the money disappeared from each location through the years, finding its way back to the corrupt main organization.
For the California Hotel, OCHI set up a nonprofit organization called CaHon Associates, Inc. Since OCHI reopened the hotel around 1991, CaHon Associates, using the name Cahon Inc., filed 990 tax forms with the IRS on only two occasions, making it nearly impossible for anyone to see where all the money went through the years that flowed into the California Hotel and eventually disappeared into the nonprofit organization known as OCHI.
Due to a lack of oversight, many local nonprofit housing organizations have become corrupted. Many are in violation of state and local laws, while abusing the rights of their tenants who are often low-income, elderly or disabled.
As recently as July 15, OCHI, CaHon Associates and the John Stewart Co. abandoned the tenants at the California Hotel after trying to frighten them out of their homes and threatening to cut off their water and utilities. The tenants fought back and refused to move.
For breach of contract, the tenants sued OCHI and the John Stewart Co. for $2.5 million, and on Aug. 6 the tenants filed an additional claim against Oakland city employees Sean Rogan, Marge Gladman and the City of Oakland for $53 million for their involvement in the scheme to force the tenants out of the hotel.
After pulling in many millions in subsidies to develop around 19 properties, in addition to the rents they have been collecting through the years, the corrupt nonprofit housing developer is now trying to claim that it is broke.
In a show of force meant to frighten the California Hotel tenants out of their homes, on July 21, in a surprise visit, five squad cars containing eight to 10 cops descended upon the hotel. Barely minutes later, James Edwards, the deputy chief of the Oakland Fire Department, Vincent Crudele of the Fire Code Inspection Services Unit and Rick Fielding plus several of his assistants from the Oakland Building Services Division joined the Oakland cops to conduct a search of the old hotel, located at 3501 San Pablo Ave., including the rooms of all the tenants.
According to the tenants’ attorney John Murcko, “There’s no one left in OCHI to run the organization. They all ran off except for one person, and it’s basically only the tenants and the attorneys left to fight this out in the courts.”
Since July 15, the tenants have been providing their own security, managing the hotel and keeping it clean, with the assistance of Anne Omura of Oakland’s Eviction Defense Center. John Murcko is one of the founding members of the Eviction Defense Center.
The reason 500 low-income tenants are presently at risk of losing their housing in OCHI properties throughout Oakland is that OCHI tried to dump them in a scheme to reuse the properties to bring in higher revenues. The scheme backfired on OCHI when the tenants refused to be bullied out of their homes.
On July 23, the residents of the California Hotel celebrated their first week of resident control by dropping a large banner in front of the hotel that said, “We Will Not Be Moved.” Just Cause Oakland continues to ask the community to come out and show their support of the tenants at the California Hotel. Food Not Bombs has responded by contributing free food to help the tenants in their time of need.
The historic California Hotel was built in 1929 and became a popular Oakland location that catered to the African American community and many legendary performers, such as Billie Holiday, Count Basie, Ike and Tina Turner, Fats Domino, James Brown and many, many others. In the East Bay, the California Hotel was the only full service hotel that welcomed African Americans during the 1950s.
Lynda Carson may be reached at tenantsrule [at] yahoo.com.
>>>>>>>
>>>>>>>
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