September 7, 2024
(See above link for court hearing transcript)
By G. Juan Johnson
When the law changed to legitimate business reason
A number of years ago, it was easier to prove race discrimination in housing. But that was not good enough for the government, because as you know many owners/investors of commercial and residential rental properties are government officials. So one day the law changed and the law said that one accused of housing discrimination can justify their acts by offering a “legitimate” business reason.
Racism proven if there is no legitimate reason
So how to prove racism if the owner offers a legitimate reason? By most standards, if the legitimate business reason is proven to be without merit, then the only answer left is racism. So in this case you do not have to prove the direct racism, but only disprove their stated reason for their actions.
Why this does not work as intended
You have to take your case before an administrative agency or a Judge or Jury. Getting a jury is probably your best bet, but it is a lot of work to get there and you may need an attorney. A Judge may be biased in favor of the landlord. An administrative agency, not necessarily fact finders, tend to act more like arbitrators and may not look at the facts. The McDonnell Douglas (“burden shifting”) test is supposed to be applied which means after the landlord gives their reason for the actions, the burden shifts to you the tenant to disprove their reason. Often the burden shifting rule is not used.
Types of discrimination says HUD
In the Sale and Rental of Housing:
It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:
Refuse to rent or sell housing
Refuse to negotiate for housing
Otherwise make housing unavailable
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide a person different housing services or facilities
Falsely deny that housing is available for inspection, sale or rental
Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination
Impose different sales prices or rental charges for the sale or rental of a dwelling
Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements
Harass a person
Fail or delay performance of maintenance or repairs
Limit privileges, services or facilities of a dwelling
Discourage the purchase or rental of a dwelling
Assign a person to a particular building or neighborhood or section of a building or neighborhood
Types of housing discrimination says Unruh CC 51
Full and equal accomodations
All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
This section of the United States Code, § 1981, is based on section one of the Civil Rights Act of 1866.[8] “All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.” (emphasis added)
All persons … are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Unruh)
Unruh also prohibits “arbitrary” and intentional discrimination.
Tactics of unfairness
One tactic landlords use is harassment by ignoring tenant complaints. For the tenant, you should document all your attempts to address the issues with the landlord. Some cities have a law that is violated if landlords ignore legitimate tenant complaints. There should be a law that fines landlords if they do not respond to tenant complaints within 30 days, as some tenants have been waiting months for repairs.
If services available to you are not being maintained, then your rent money is being used for fraudulent purposes, which would be grounds to sue. Some courts will agree that everything in your unit should be usable.
I am convinced that the reason landlords treat so many tenants in violation of tenant rights is because the government allows them to do it. The government should employ greater enforcement of tenant rights.
If you have a talk with the landlord, you must within the hour afterwords write down what was said and email or mail/fax to the landlord. This makes it clear what was said and becomes a record of what was said and can be used later.
At 1522 Hi Point Apartments
Two tenants recently vacated because they felt the owner Hi Point 1522 LLC is racist.
The code enforcement employees have said they will not investigate code violation complaints at this property. Do you feel safe?
Former owner Walter Barratt owner of five properties in Los Angeles, says Blacks are not entitled to parking. The Superior Court Commissioner Emma Castro agreed with him. This is an example of bias in the court system.
What could a landlord claim are legitimate reasons for their actions?
The Intercom outside the front door is the common area and for your use, the use of the public, friends, family deliveries. Your rent pays for the outside box to be working as intended. When it doesn’t work as intended, your rent money is paying for that. Hundreds of buildings and condominiums have intercom systems.
The intercom is for health and safety and peaceful enjoyment of the premises. When things don’t work properly, like the back door is frequently left open, it endangers your health and safety. (1522 Hi Point St 90035).
I provide this example from real life. A landlord refuses to repair a non-working intercom. The box on the outside of the building lists the tenants unit as having an intercom. Out of 18 units, fifteen have working intercoms because they were replaced with new ones.
The tenant, a Black man with a Black roommate, claims racism and that he is being denied full and equal housing services under Unruh. The tenant does not claim disparate impact or treatment because there is a mix of minorities in the building.
The owner claims the tenant has a non working intercom because he is a long term tenant (the intercom has not been repaired in seven years); he claims he only gives new intercoms to vacant units; he claims he has not had the opportunity to repair the intercom.
Does that sound legitimate? The person examining this scenario will be an administrative agency, a Judge, or a jury. Only they can determine if the answer amounts to a legitimate excuse. Often times, only a jury can make the decision, if you can get your case that far.
To examine: A tenant is entitled to maintenance as part of the rent agreement, and local or state law. There is nothing in the law or the rent agreement that states because the tenant is a long term tenant, he will be denied repairs. There is nothing in the rent agreement that says new parts will only be provided to vacant units. New sink faucets, smoke alarms, garbage disposal, etc. have all been replaced in the tenants unit without the unit being vacant. Being that seven years have passed and other housing services have been replaced, the owner has had ample opportunity to repair or replace the intercom. One state law requires that if repairs are pending more than 35 days, a tenant could be entitled to two months rent. Whether the Judge or jury will see what you think is obvious, is no guarantee. These are the tactics of landlords. These are the options available to tenants.
Words from the sign
Now leasing
1522 Hi Point St
Faircrest Heights
310-957-5541
1 and 2 bedroom residences available
Skylight
8605 Santa Monica Blvd, STE 15481
West Hollywood, CA 90069
hello@skylightla.com+1 (310) 957 5541
Skylight Real Estate Advisors, Inc. DRE License #02134493.
Where is the Hot Water at 1522 Hi Point?
Subject: Maintenance to Intercom Still Needed; Hot water temperature not correct
From GJohnson ()
To: 09e41e7459a05677911c@powerpropertygroup.mailer.appfolio.us; brent@powerpropertygrp.com; highpoint1522@gmail.com; hcidla.rso.central@lacity.org; hcidla.reap@lacity.org; contact.center@dfeh.ca.gov; mayor.helpdesk@lacity.org; controller.galperin@lacity.org; gilbert.cedillo@lacity.org; councilmember.krekorian@lacity.org; councilmember.blumenfield@lacity.org; contactcd4@lacity.org; paul.koretz@lacity.org; councilmember.martinez@lacity.org; councilmember.rodriguez@lacity.org; councilmember.price@lacity.org; councilmember.ridley-thomas@lacity.org; councilmember.bonin@lacity.org; councilmember.lee@lacity.org; councilmember.ofarrell@lacity.org; councilmember.kevindeleon@lacity.org; councilmember.buscaino@lacity.org; councilmember.harris-dawson@lacity.org
Date: Wednesday, December 29, 2021, 01:38 PM PST
Dear parties Hi Point 1522 LLC, et al,
Ann Sewill, Director, Catherine Taylor-Gomez, Tricia Keane, Mike Feuer:
I am still being damaged by not having a second parking stall or tandem parking stall even though there are extra parking stalls available in the parking lot at 1522 Hi Point St.
Maintenance crews have been at the building all week working on the interior building flooring and the exterior landscaping. None have said they will fix the non-working intercom.
I continue to be damaged by the intercom to unit 9 not being usable and needing repair or replacement. You are neglecting to respond to my report of maintenance needed.
INCORRECT HOT WATER TEMPERATURE
I note that the last couple of days the water temperature for hot water is 100 degrees. I do not believe that is correct. I have read the temperature should be between 120-140.
“On the flip side, if your water heater is set too low your water may not get hot enough (short showers), or worse, be at risk of growing bacteria. Don’t set your water heater to anything below 120 degrees, as diseases can develop in the stagnant water inside the water heater, particularly Legionella, which is quite dangerous.”
“So, what is the best temperature range for your water heater? The EPA recommends 120 degrees because it’s hot enough to keep diseases at bay, it’s not hot enough to cause scalding, it will supply enough hot water for most small families and is relatively energy-efficient. However, the best setting for you could vary based on a few factors.” (Source: Internet)
“Most experts agree that anything below 120 degrees creates a risk for bacteria to develop inside your water heater from stagnant water, such as legionella that causes Legionnaire’s disease.” (Source: Internet)
A filing of a code violation complaint gives the city government jurisdiction over all matters in the complaint.
All rights reserved.
Geary J. Johnson Tenant 9
Hi Point Apts
1522 Hi Point St
Los Angeles CA 90035
A Black American
Illegal short term rentals at 1522
1522 Hi Point St. #18 by Just Bring Your Toothbrush
Perfect for working from home and digital nomads, this spacious, newly remodeled and professionally decorated 1 bedroom apartment features a modern, gourmet kitchen and updated bathroom. The neighborhood is quiet and residential, with lots of shops, bars, and entertainment nearby. Parking is difficult and expensive in Los Angeles; this property offers a designated, secure parking spot with unlimited entry/exit access. Apartment Includes: • Bedroom: Queen bed • Approx. square feet: 650 • Fully-equipped kitchen • Separate work space desk • Smart TV with Roku, Netflix, etc. • 1 parking space included with in and out privileges • Dedicated high-speed internet with router (wireless and ethernet). Individually controlled heat and air • Shampoo, conditioner, and body wash in bathrooms • Hair dryer • Iron/ironing board • All utilities included • Professionally cleaned and managed Building Amenities Include: • Communal laundry room • 10 minutes to Santa Monica • 15 minutes to downtown LA • Near the famous MINT venue • Contact free check in. AMENITIES are bathtub, toilet, heating, dishwasher, refrigerator, sink, hair dryer, kitchen.
https://www.anyplace.com/listings/los-angeles/1br-modern-apt-in-la-by-just-bring-your-toothbrush
(Editor note: short term home sharing rentals are illegal in rent controlled buildings in Los Angeles. This address is a rent controlled building.)
The Mayoral 2022 LA Candidates- Official City site
Candidates Los Angeles Election 2022
The Harassment complaint against Hi Point 1522 LLC
Criminal complaint against Hi Point 1522 LLC
City Helpless to Enforce
Home Sharing Law
Subject: Home Sharing Violation at rent controlled address 1522 Hi Point St 90035
From: GJohnson ( )
To: planning.home-sharing@lacity.org
Cc: 9e41e7459a05677911c@powerpropertygroup.mailer.appfolio.us; brent@powerpropertygrp.com; highpoint1522@gmail.com; hcidla.rso.central@lacity.org; hcidla.reap@lacity.org; contact.center@dfeh.ca.gov; mayor.helpdesk@lacity.org; controller.galperin@lacity.org; gilbert.cedillo@lacity.org; councilmember.krekorian@lacity.org; councilmember.blumenfield@lacity.org; contactcd4@lacity.org; paul.koretz@lacity.org; councilmember.martinez@lacity.org; councilmember.rodriguez@lacity.org; councilmember.price@lacity.org; councilmember.ridley-thomas@lacity.org; councilmember.bonin@lacity.org; councilmember.lee@lacity.org; councilmember.ofarrell@lacity.org; councilmember.kevindeleon@lacity.org; councilmember.buscaino@lacity.org; councilmember.harris-dawson@lacity.org; info@housingrightscenter.org
Date: Thursday, January 6, 2022, 09:11 AM PST
Dear city, et al:
Ann Sewill, Director, Catherine Taylor-Gomez, Tricia Keane, Mike Feuer:
Over the months I have reported this property repeatedly for home sharing ordinance violations with no response from the city.
I provide this link and documentation from a website which shows home sharing is occurring at unit 18. I believe units 4 and 7 may also being used for home sharing.
I have given you the evidence. Why is the ordinance not being enforced? I am copying the owner and management company on this.
I am witness to the fact two other guests have told me their unit is being used for home sharing.
The ad shows the unit is furnished which is typical of units used for home sharing; the form shows guests must stay a minimum of 30 days; all utilities included but individually controlled heat and air. I verify that the pictures online appear to be this address.
Anyplace: Extended Stay Hotels, Serviced Apartments & Co-living
Anyplace: Extended Stay Hotels, Serviced
1522 Hi Point St. #18 by Just Bring Your Toothbrush
Home Sharing is not allowed at this rent controlled building. Please investigate. The owner is Hi Point 1522 LLC.
Geary J. Johnson
1522 Hi Point St 9
Los Angeles CA 90035
Public letter : a critical eye on Feuer
“Feuer’s proposals have not currently been implemented because Feuer is part of the problem, not part of the solution. There is little sense in creating more confusion by increasing the number of council districts. He has supported corrupt government policies. He lacks experience and honesty.”
War with the Ethiopians
Groups Prohibit Candidate from Speaking
(Editor note: this web blog and document constitutes protected activity. This web blog is intended to help all persons to exercise or enjoy the right to non-discriminatory treatment in the “terms, conditions, or privileges” or “services or facilities” provided in connection with housing. This email is not intended to make any false, misleading, or derogatory statements nor is the email intended to defame or slander any person or entity or to express any opinions or facts not already a matter of public record or already disclosed to the public by communication to government agencies, entities, employees, officials or by publication by newspaper or other media distributed to the public. This web blog does not intend to and does not constitute legal advice. All rights reserved.)
The information on this page may appear in the following Los Angeles City council file numbers: 21-1440; 21-1441; 21-1437; 21-1452; 21-1455; 21-1453; 19-0103; 21-1442; 21-1454; 21-1473; 21-1488; 21-0505; 21-1438; 21-1456; 21-1439
City attorney Mike Feuer Asked to Enforce city Tenant Anti- Harassment Law against Hi Point 1522 LLC and Power Property Management Inc. See attached complaint.
Internet Title: “Criminal complaint against Hi Point 1522 LLC”
Internet link: https://wp.me/P57D2C-17h
“Please investigate this as a criminal offense under section 45.36 for harassment and I request the respondents be accessed fines and serve jail time.”
Also see the Youtube movie reveals racism by city Los Angeles government employees at the link https://youtu.be/VbFj__JK1QE or title “Denial of housing services under Unruh CC 51”.
Tenant News January to February 2022
LA Rent Control (RAC) and Permits (LADBS) 