DID YOU EVER HEAR OF LENA SCHNUCH?

Some of us old-timers may have—but I’ll bet that the majority of Santa Monica owners don’t remember the name Lena Schnuch. I’m also willing to wager that Marcela Rojas, reporter for the Times never heard of her either. Marcela is the one who wrote the story that appeared in the Westside Weekly on Sunday January 14, 2001, about the two tenants who switched apartments without notifying the owner. It was no surprise to see that the Times r eporter took the tenants point of view!

But first, let’s talk about Lena Schnuch (pronounced Schnuck). ACTION (through the Foundation for the Defense of Free Enterprise) filed suit in Federal Court on behalf of Lena in early 1988.

It had come to our attention that 89-year old Lena suffered a stroke the previous summer which left her partially paralyzed and requiring around-the-clock nursing care.

At the time of her stroke, Lena lived in her own building and occupied a townhouse-type
apartment that she and her late husband had literally built with blood, sweat, tears, scrimping and saving.

After an extended confinement in the hospital, Lena’s doctor told her daughter that elderly people are more comfortable in familiar surroundings and recommended that Lena be sent home and 24-hour nursing care be arranged for her.

That presented a problem. Because she was partially paralyzed, under medical care and requiring nursing care 24 hours,7 days a week, Lena’s doctor further recommended that she not return to her own townhouse style apartment with the two bedrooms on the second floor.

But, wait a minute—Lena’s building did have a two-bedroom unit with all the living space on one level—but it was rented to a tenant. What was the solution? Simple—ask the tenant to leave and have Lena move in to the first floor unit that was not a townhouse.

Sounds like an easy answer, right? Wrong!!! When Lena’s daughter contacted the Rent Control Board, they said that Lena absolutely could not move into the other unit. She could not occupy it for her own personal use. The Rent Board suggested—"If you want your property back, you’ll have to go to court." Another option they said she had was that she could sell the building and move away.

Lena’s daughter attempted to evict the tenant for owner occupancy and was rebuffed by the court.

Was this fair? All who knew Lena were outraged. How many people do you know who would be willing to work a lifetime in order to get a little security in their old age?

Lena worked as a waitress, carrying heavy trays and standing on her feet all day in order to own a building.

Her husband worked as a gardener and together they thought they were building some security for their retirement years.

By the time Lena had the stroke, her husband had passed away—she was alone!! Lena had left Europe in her teens, surviving the ravages of WW I. She worked, she saved. There were no rich parents, no handouts. Just work and save.

They purchased a modest home after 20 years of saving. More years of saving and with the sale of the house they were able to purchase a lot with an old house on it. They were able to build 4
units on the lot at the rear of the house. Finally, they tore the house down and put up 3 more units in the front. The Schnuchs could be proud of their accomplishment.

The property still had a mortgage on it and the normal maintenance requirements when Lena had her stroke and needed to move to the first floor in a single level unit that she owned. AND THE RENT BOARD TOLD HER TO GO TO HELL!!

To make a long story short—Lena lost her case in Federal Court. All she wanted was to move into her own unit in her own building. Lena has since passed away, but anyone knowing the facts of her case find it hard to forget. Now, let’s move forward 13 years. A couple of tenants thought they were helping a 91-year old woman. They would swap apartments. The elderly woman lived on the second floor and the younger couple lived on the first floor. The couple felt that they could make the elderly woman’s life easier by swapping apartments with her. The elderly woman could not climb the stairs any more was the claim. When the owners found out about it—it was the same as a voluntary vacancy and the rent was raised to market.

Did anyone even think of asking the owner? I don’t think so! Does the rental agreement give tenants the right to do anything they want to do in the building? I don’t think so! Where did they get the impression that they could "pull it off"? The City of Santa Monica has been pushing landlords around for 23 years. I suppose many tenants feel that they can do anything to an owner. GOD BLESS COSTA-HAWKINS! Does the reporter or the tenants know even the most remedial facts regarding landlord-tenant law? I don’t think so! The tenants took the matter to the Rent Control Board for review. The Rent Board said it is out of their control! Can you believe that? THANK GOD FOR COSTA-HAWKINS!

Too bad there will not be any hearings at the Rent Board. Maybe someone could go in and tell Lena’s story. Thanks.