Project Address: 1860, 1868 Western Avenue and 5440, 5446, 5448 West Franklin Avenue

Transcription

1 ORIGINAL a APPLICATIONS!: S'fev»ED_ APPEAL APPLICATION This application is to be used for any appeals authorized by the Los Angeles Municipal Code (LAMC) for discretionary actions administered by the Department of City Planning. 1. APPELLANT BODY/CASE INFORMATION Appellant Body: Area Planning Commission City Planning Commission 0 City Council Director of Planning Regarding Case Number: VTT A Project Address: 1860, 1868 Western Avenue and 5440, 5446, 5448 West Franklin Avenue Final Date to Appeal: Type of Appeal: 03/12/2018 Appeal by Applicant/Owner 0 Appeal by a person, other than the Applicant/Owner, claiming to be aggrieved Appeal from a determination made by the Department of Building and Safety 2. APPELLANT INFORMATION Appellant s name (print): Susan Hunter Company: Los Angeles Tenants Union - Hollywood Local Case Worker Mailing Address: 6500 Sunset Boulevard City: Los Angeles State: CA Zip: Telephone: heysuzhunter@gmail.com Is the appeal being filed on your behalf or on behalf of another party, organization or company? Self 0 Other: The Tenants Association of Franklin Avenue Is the appeal being filed to support the original applicant s position? 3. REPRESENTATIVE/AGENT INFORMATION Yes 0 No Representative/Agent name (if applicable): Susan Hunter Company: Los Angeles Tenants Union - Hollywood Local Case Worker Mailing Address: 6500 Sunset Boulevard City: Los Angeles State: CA Zip: Telephone: heysuzhunter@gmail.com CP-7769 appeal (revised 5/25/2016) Page 1 of 2

2 Franklin Avenue/VTT A/ Susan Hunter Appeal To: The Los Angeles City Council 200 North Spring Street Los Angeles, CA From: Susan Hunter Los Angeles Tenants Union - Hollywood Case Worker 6500 Sunset Boulevard Los Angeles, CA /8/2108 RE: 1860, 1868 Western Avenue and 5440, 5446, 5448 West Franklin Avenue/ VTT l A/ CPC CU-MCUP-DB-SPR-SPPVTT-74377/ ENV MND To City Council, I find that I am aggreged by the decision from the hearing held on February 8th, 2018, regarding Franklin Avenue. As the volunteer case worker from the Los Angeles Tenants Union advocating for these tenants, I am concerned that the findings in regard to tenant relocation under Ellis Act negates the applicants responsibility for a habitable unit under CA Civil Code Ellis Act was not designed to be used in a way not intended for avoiding doing required repairs. 1. From Condition of Approval #25 - The applicant and any successor in interest to the affirmative duty to abide by all provisions in the Ellis Act. This doesn t acknowledge the misuse of Ellis to avoid doing required repairs as demanded by the advisory agency. Overview The applicant is asking for approval of a large-scale development to house 86 units with 11 very low-income units included. This project will ultimately displace 12 low income tenants. The planning commissioners have found the developer to be a bad operator. They have added a requirement that the developer needs to take responsibility for the tenants currently residing on the property. The tenants have been with out heat and hot water for over a year. Tenants use hot plates to boil water to wash with. There is mold in the bathroom, bedbugs, illegal repairs, and tenement living conditions. Tenants are charged $600 a bunk bed with four beds crammed in a room. The developer and previous property owner have kept the property in escrow for three years to avoid the notices to comply from city and county agencies for the multiple code and health violations occurring. The developer, Dynamic, has even gone so far as to name the previous property owner as a manager on the proposed project. There is no doubt about their collusion to avoid responsibility for the substandard living conditions the tenants have had to endure while hoping to share the profits. They have been playing a game by pointing fingers at each other

3 Franklin Avenue/VTT A/ Susan Hunter Appeal city, or tax payers. While I am very grateful that the commissioners are requiring either a right of return or fair relocation amounts, I don t believe the applicant should be able to walk away from their financial responsibility for their choice of actions in this matter. As there are still great outstanding debts, 1 respectfully ask to make sure that a clear message is sent to anyone who wishes to develop property in Los Angeles that tenants have a right to habitable living conditions and that a wrecking ball is not an answer to egregious repair issues. Finding 25 also fails to address the subsidized needs of the tenants from state and federal programs. Should the applicant only choose financial relocation and not right of return, there are tenants who will lose healthcare due to a change in income for one year. This could easily put them on the slippery slope of homelessness due to mounting hospital bills. There is a simple way to remedy this situation. The tenants should receive a small share of the future profit of the development to ensure they will not become homeless due to being removed from the only affordable housing they were able to access. For the tenants who cannot receive a lump sum due to endangerment of health insurance, they must be offered a unit in the new development at the rate they are currently paying ($600 a month) while the applicant pays the difference in housing until the tenants can take possession of the new unit. Two of the tenants are requesting this in order to avoid becoming homeless in the near future. It is also requested that the two units be in addition to anything to be contracted for very low income under density bonus as those units are promised to people on the section 8 waiting list. A list the current tenants cannot access due to the list being closed. As the applicant has not repaid the city the loss for the failure to comply to habitability issues, and as they will be profiting in the multimillion-dollar category from this development, they must provide a good faith action that the tenants will receive monies to prevent any possibility of becoming homeless within the next five years. Tenants who chose fair relocation instead of right of return should be given no less than $75,000 with the intent that the money is to be staggered over the next five years to transition from truly affordable housing to a fair housing market with much higher average rental rates. This amount is intended to prevent them from falling into a higher category for at risk for homelessness. For the eight tenants who have chosen this option, the applicant would be spending a total of $600,000. This equals 0.05% of the 1.2 Billion dollars the tax payers are paying for HHH funds. There is no reason why the tax payers should be financially responsible for any funds if this situation should cause any of the tenants to become homeless. Currently the tenants are eligible for $10,000 - $20,000 relocation under Ellis. If the tenants are currently expected to pay $600 a bunk and transition into housing at $1600 a month, after ten months the money will be depleted and they will be facing homelessness again. This is the same predicament which is why they agreed to a bunk at $600 a month in the first place. The $75,000 also takes into account the 30% of federal taxes and additional state taxes they will have to pay from the money, leaving them with an estimated $50,000. That $50,000 will equate to $10,000 a year for five years to cover the cost of transitioning as they will have to move further out from the job centers. Not only will the tenants end up paying more in monthly rental and deposit, they wiii aiso have to cover the

4 Franklin Avenue/VTT-74I69- I A/ Susan Hunter Appeal Exhibits ') Photos page 1 2) 3) 4) 5) 6) Photos page 2 HCID notice to comply summary (original text is over 300 pages) County Health notice to comply Ellis Eviction mapping in Hollywood Ellis Eviction mapping in Los Angeles

5 a v»«' - n-v... - V-! ^ I.' mm \ 1 K A 9 4 r.1 y. i ' w I I '4 -.»- n-. - t uw» 1 1 r # -t «r i A 49' 9. -y.\ 4' % v it» i «a';:v' u.» «. A»»

6 STRUCTURAL HAZARDS Failure to maintain under floor supports: Cripple wall studs/pier posts/girders/floor joists in structurally sound condition ; L.A.M.C. Violation Severity Level: HIGH HALL BATH, Note: SUB FLOOR NEAR TOILET FIRE SAFETY Failure to provide and maintain the required permanently wired, with battery back-up, smoke detectors at all areas adjacent to sleeping rooms L.A.M.C. 907 C.B.C Violation Severity Level: HIGH ing rooms, and DINING ROOM, Permit Required,, Note: BEING USED AS SLEEPING AREA - MUST BE HARDWIRED HALL, Note: MISSING LIVING ROOM, Permit Required,, Note: MUST BE HARDWIRED BEING USED AS SLEEPING AREA BEDROOM2, Note: MISSING 5440 W FRANKLIN AVE HALL, Note: MISSING 5440 W FRANKLIN AVE BEDROOM 1, Note: MISSING An owner of a single family dwelling unit intended for human occupancy shall install a carbon monoxide device, approved and listed by the State Fire Marshall pursuant, in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage. Exception: For all multiple-family dwelling units, this requirement becomes effective on January 1, C.B.C HALL 5440 W FRANKLIN AVE HALL ILLEGAL CONSTRUCTION Failure to obtain the required building permit(s) and inspection approvals for the construction of the building or portion thereof described herein. You are hereby ordered to demolish and remove the unapproved portion or alteration and restore structure to its originally approved condition, or obtain the required Permits and inspection approvals from the Department of Building and Safety. A $ Administrative Investigation Fee (AIF) may be billed and would be payable ; ; ; ; of 12

7 Failure to maintain plaster/drywall walls/eeilings in a smooth and sanitary condition ; L.A.M.C. Violation Severity Level; LOW DINING ROOM, Note: PEELING PAINT KITCHEN, Note: PEELING PAINT UNDER SINK ELECTRICAL Maintaining inoperative or defective receptacles in kitchens and/or bathrooms and/or exterior locations; G.F.C.I. type receptacle (s) required ; L.A.M.C. Violation Severity Level: HIGH 5440 W FRANKLIN AVE HALL BATH, Note: CANNOT BE PAINTED PLUMBING Failure to maintain the plumbing system in conformity with the code regulations and department approvals in effect at the time of construction L.A.M.C , C.P.C HALL BATH, Note: LOOSE OVERFLOW COVER AT TUB Failure to maintain the plumbing system free from defective, damaged/leaking faucets or plumbing fixtures L.A.M.C., C.P.C. Violation Severity Level: LOW 5440 W FRANKLIN AVE HALL BATH, Note: FAUCET LOOSE Failure to maintain a positive seal around all drain, water supply, and electrical conduits penetrating walls under all kitchen and bathroom sinks L.A.M.C. Violation Severity Level: LOW 5440 W FRANKLIN AVE KITCHEN, Note: DAMAGED WALL UNDER SINK Failure to properly secure loose plumbing fixtures L.A.M.C. Violation Severity Level: LOW HALL BATH, Note: TOILET LOOSE HEATING AND VENTILATION Failure to provide and/or maintain an approved and/or non-defective domestic range vent L.A.M.C ,411.1 C.M.C. Violation Severity Level: LOW 4 of 12

8 Inspector Name Tylon Coleman Office Location 3550 Wilshire Blvd Suite #1500 Los Angeles, CA Survey Date 5/8/2017 WHERE INDICATED ABOVE, PLANS AND/OR A BUILDING PERMIT FROM THE DEPARTMENT OF BUILDING AND SAFETY IS REQUIRED TO BE OBTAINED BEFORE REPAIR OR DEMOLITION WORK IS STARTED. For consultation regarding this notice, or for information regarding obtaining Permits, the inspector whose name appears on this Notice may be contacted by telephone between the hours of 7:30 and 9:00 a.m., Monday through Friday. YOU MAY BE SCHEDULED FOR A GENERAL MANAGER'S HEARING, AND A LIEN MAY BE RECORDED AGAINST YOUR PROPERTY FOR ALL ADMINISTRATIVE AND INSPECTION COSTS ASSOCIATED WITH YOUR FAILURE TO COMPLY WITH THIS ORDER. 6 of 12

9 APPEALS As of May 1, 2008 an Appeal Processing Fee of $ shall be paid to the Department prior to processing the Appeal and obtaining a determination from a Senior Inspector. Section of the Los Angeles Municipal Code. Any person or entity subject to a notice or order or an inspection fee without hearing, pursuant to Section , ef. seq. may request to appeal the notice, order, or fee, or may request an extension of time from, a Senior Inspector. The request to appeal shall be made in writing, upon appropriate forms provided by the department, and shall specify the grounds for appeal. The appeal shall be filed within ten days of the issuance of the notice or order, or within 10 days of the imposition of the fee. (Section LAMC.) PROPERTY MANAGEMENT TRAINING PROGRAM (PMTP) When a property owner has failed to comply with a notice or order within 45 days or less of the specified compliance date, the owner is required to pay a $ registration fee and attend PMTP training sessions. The registration fee must be paid directly to the approved training agency. Failure to comply may result in the imposition of a criminal infraction, punishable by a fine of $ (Section , etseq. LAMC.) RETALIATION No lessor may retaliate against a lessee because of his complaint to an appropriate agency as to the tenantability of a dwelling pursuant to Section of the Civil Code. HISTORICAL PRESERVATION Your property might be located within a Historical Preservation Overlay Zone, or may otherwise be determined historically significant. The scope of work required to correct conditions that constitute violations specified in this notice may require advanced approval from the appropriate regulatory agency. RELOCATION INFORMATION Any tenant who is displaced or subject to displacement from a residential rental unit as a result of a Notice to Vacate or any order requiring the vacation of the unit by the Enforcement Agency, shall be entitled to relocation benefits payable by the landlord to the tenant in each unit in the amounts prescribed in Section L.A.M.C. Furthermore if the landlord fails, neglects, or refuses to pay relocation payments, the City may advance relocation payments to the affected tenant(s). Recovery of the relocation payments plus a penalty of 50% will be assessed against the property in the form of a lien as per H&S Code Section 50657(b). COMPLIANCE A property owner has complied with this Notice/Order to Comply when an Inspector from the Los Angeles Housing and Community Investment Department had verified the abatement of the cited violations in conformity with the requirements of the Los Angeles Municipal Code. Section , , & L.A.M.C. 8 of 12

10 Unit Address Area Violation Permit Inspector's Note Violation Severity Level DINING ROOM INTER-WALLS/CEILING PEELING PAINT LOW HALL BATH LOOSE FIXTURES TOILET LOOSE LOW BEDROOM2 WINDOW/DOOR GLASS LOW HALL BATH WINDOW/DOOR MAINT WINDOW HELD OPEN LOW HALL Carbon Monoxide Detectors Not Assigned HALL BATH GENERAL PLUMBING LOOSE OVERFLOW COVER AT Not Assigned TUB Rev:5/ of 12

11 Violation VENT-KITCHEN WINDOW/DOOR GLASS WINDOW/DOOR MAINT Violation Description Unapproved stove or range vent Window or door glass cracked, broken, or missing Windows, doors, cabinets, and frames not operable, defective, missing, and/or unsanitary Basis for Severity Level A lack of proper ventilation may cause indoor moisture, which may lead to unhealthful living conditions. Failure to maintain exterior windows and doors causes possible exposure to unhealthful conditions such as infestation, damp living conditions, water damage, and mold growth Although this violation affects the habitability of the unit and the health of the occupants, it is unlikely to be life-threatening. Failure to maintain windows, doors, cabinets, and frames in operable, clean, and sanitary conditions is a possible health hazard and creates a minimally untenantable condition. Although this type of violation reduces habitability and may be unhealthful it is unlikely to be life-threatening. Severity Level LOW LOW LOW Rev:5/ of 12

12 Jf L3J.4 'S' OFFICIAL INSPECTION REPORT a- 1 'I'.TniiTi.''1, COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH OFFICE: HOUSING & INST CHIEF: MICHELLE LECAVALIER 695 S VERMONT AVE, FL 14TH, LOS ANGELES, CA Phone: (213) WVWV.PUBLICHEALTH.LACOUNTY.GOV/EH County or tos Angeles Pglljjc HjlHj Environmental Health Facility Name: 10/13/2016 Inspection Date: Facility Address: 5440 FRANKLIN AVE City/Zip: LOS ANGELES CA Phone #: FA: N/A PR: N/A SR: N/A CO: C PE: 2400 OVERALL INSPECTION COMMENTS An alleged complaint investigation was made by Elizabeth Fullerton EHS III Mr. Michael Ross the person in charge mgr on this MFD site was present during the inspection. Property Address : 5440 Frankin Ave. North Hollwoood, CA as per complaint of rodent activity also at 5448 N. Franklin Ave. General Manager of both 5448 & 5440 Franklin Ave. North Hollywood, CA : Albert Rivera : BRAVOGRP@GMAIL.COM, The following Recommendations made by the Deputy Health Officer: A. Exterior Premises Recyclables bins: 1. Maintain recyclables in a 30 gallon trash container w lid ; to prevent potential rodent activity. Observed scattered recyclables on ground in backyard. 2. Keep trash cans with lids intact at all times (found to be intact at time of inspection) B Toilet Room 1. Repair/Replace the flooring in the bathroom : Observed plywood boards covering incomplete flooring. C. Shower Room 1. Replace the deteriorated caulking in the shower room : Observed deterioration and black slime. 2. Repair / Replace Ventilation in shower room to prevent moist conditions that attract mildew growth. Exterior Vents 1. Repair / Replace the vent screen with large 2"gap ; to prevent rodent harbor age under the house Less than 7 renters observed at this site at time of inspection. In the event the number of renters increase to 7 or more, will require permit/licensing. Contact our office for details when this applies, or further legal action may occur. Our office of Housing & Institution Dep't. of Environmental Health : : Deputy Health Officer Elizabeth Fullerton/ efullerton@ph.lacounty.gov No evidence of rodent activity found inside or outside/exterior of the property Please be advised that the above WARNING is for purpose of compliance with the State Revenue and Taxation Code only. Compliance with Health Laws as noted on the attached Inspection Report or Notice of Violation must be made within the time specified on the report or notice. LEAD CORRECTION ADVISORY: WARNING: You are hereby advised that corrections ordered by this report/official notice may disturb surfaces that may contain lead-based paint. Lead-based paint can be commonly found in housing built prior to Prior to making any corrections ordered and in conjunction with repairs or rehabilitation, you must determine if lead is present in the dwelling unit/apartment/room. Ait corrective actions must be conducted in a manner that will protect occupants, workers, and others ELIZABETH FULLERTON PIC/Owner Signature EHS Signature 1.1 Help us serve you better by completing a short survey. Visit our website at Page 2 of 3

13 c 4 1" Apps o CD H taboac - heysuzhunte Google Decs LADBS $ Department of City 'J Los Angeles, CA - P Runyon Canyon Park Trelyek Open Space 1 Park # \ f \ r ' % J JI 5iJ "V m west s a. i I: + % 4v "T -» eter/ and Funeral O 112 " s i IS I > 1 q V ># # &1 W f' a, fc:. ' Melrose j ii is «Mofr,e 0) L -i GW Ellis Act! NUMBER OF UNITS IN WHICH 'f,\a Santa Ifltepica BOt^vard^btfywood Forevar Santa Monica Boulevard t NJ 1 i I West Sun set Gcnite Wl! %. 4, [A ij / C re : tug 4 \ 3? i F ountainlve n ue THE DESTRUCTION OF LOS ANGELES AFFORDABLE HOUSING DUE TO THE / Wattles Garden» Other bookmark: I + I» Behind - inside Airfa i tm t A LANDLORDS/DEVELOPERS FILED «as I> 5 ELLIS ACT DECLARATIONS TO EVICT TENANTS WITH THE CITY OF LOS ANGELES 1/1/2001 s O /28/2017 zo