Setting the Record Straight

By: Harold Greenberg, Chair, L.A. Government Relations Committee

lan Murray, Executive Director of Inner City Law Center (ICLC), recently wrote about lax enforcement by the courts and prosecutors to keep slumlords from cleaning up their act, which was published by the Daily Journal. At no time did Murray indicate that ICLC is in an adversarial position to the landlord he cited, whose building collapsed in Koreatown, and is in active litigation with another landlord mentioned in the article.

In fact, ICLC's "clients" have refused to cooperate, not only with the landlord and his employees, but also with independent contractors and outside vendors, who attempted to improve the property. They have destroyed carpeting less than a week old, and torn, broken, and bent screens less than a week old. They have been caught urinating in hallways, defecating on the roof, and leaving halls and corridors strewn with waste and refuse. They also have destroyed smoke detectors, fire extinguishers, and the list goes on. Recently repaired walls have not only been defaced and graffitied, but also severely damaged.

Apartment units rented by one or two people, have 5-10 occupants, obviously violating the leases. In fact, many so-called tenants are not on leases, but rather have moved in without authorization or approval of the landlord. They have been observed disabling front door locks, climbing in through windows, using the services of prostitutes, and fighting with them, creating a disturbance for fellow tenants. Tenants also have been dealing drugs.

Without authorization from the owner, they have been seen conducting commercial businesses out of their units, selling food, flowers, Avon products, etc. When the Systematic Code Enforcement Program (SCEP) was initiated approximately eight years ago by the city, it authorized tenant outreach to educate tenants, and landlord outreach to educate landlords. Even though there are currently contracts in excess of $100, 000 for various tenant outreach groups and advocates, not one dollar has ever been authorized for the landlords. This is wrong.

Inner City is not only a tenant outreach provider, but also brings lawsuits on behalf of tenants against landlords. This is a distinct conflict of interest as it, a tenant outreach provider, has direct access to LAHD files through the Internet, and other means. This is not available to landlords.

Once LAHD and SCEP clear a building, which is then in compliance, the tenants' advocacy group must give it their blessing. This is wrong.

LAHD inspectors are trained and experienced in the field over many years. Some have been licensed contractors during their careers. Nevertheless, untrained, unsophisticated tenants' rights advocates have the ability to countermand what the Housing Department has done, and deem a building not in compliance, or even put new citations into the hopper. This clearly is not authorized in the inspection ordinance or by City Council.

Murray does not tell us that for criminal prosecution in L.A. the burden of proof does not exist. Strict liability under People v Bachrach, a 1980 Appellate Department decision from Los Angeles, which only affects the County of Los Angeles and no other county, applies. Under the decision, the prosecution only has to produce evidence that the property was owned, managed, or possessed by the defendant, and there was a violation of the code.

There is no need to prove motive or intent. As a result, an owner cannot use any evidence that the tenant broke the screens, floor, carpet, window, etc. He cannot show that someone did it the night before the inspection. This effectively denies the landlord his Sixth Amendment rights to representation by an effective attorney, and the right to a jury trial. It is a "Directed Verdict."

And, you may ask, "How many 'tenants from hell' who affect the life, safety and enjoyment of their neighbors and fellow tenants have been prosecuted by the City Attorney's Office?" None. This one-sided justice has resulted in fewer affordable rental units each year. More units are demolished each year than are being built for affordable, safe, clean housing.

Economic times nationally, statewide, countrywide and citywide affect not only landlords but also tenants. A tenant without a landlord is homeless. A landlord without a tenant may be bankrupt.

Let's work together to solve our problems. Set up a committee including mom-and-pop landlords, who own the vast majority of units in the City of Los Angeles, where their viewpoint maybe heard. They could be part of the solution, establishing guidelines not only for landlords, but also for tenants.