After I completed Rent Board Story,
Part 100, ACTION called and asked if I could put together some
of the best horror stories to celebrate Halloween. However, by
the time WAM gets to you, it will be closer to Thanksgiving, so
here are the top ten Rent Board Turkey Stories.
"The
Little Landlady and the Poor Cardiologist"
(Part 1)
This was the first Story I wrote and the one that made it clear
to me how outrageous and insane Santa Monica Rent Control is.
In that case, Landlady Lucille rented an apartment with furnishings
without a separate written agreement to a poor cardiologist
for $400 per month. The Rent Board reduced her rent to the base
rent of $180.00 per month and imposed treble damages for a total
award of $11,649.55 which allowed him to live rent free for
more than five years. That was the case where the "Chairperson"
of the Rent Board observed that a rent reduction to $180 per
month was fair because "doctors are not necessarily rich."
(Rent Board Commissars were so much smarter in those days.)
"Ten
Dumb Decrease Decisions" (Part 10)
This Story is about ten of the dumbest decrease decisions issued
up to that point in time (July 1994). Rent decreases were awarded
for such things as, (1) refusing to permit a tenant to park
on the sidewalk and block the owners garage door with his car,
(2) failing to keep an outdoor swimming pool between seventy-seven
and eighty-two degrees every day of the year, (3) cutting down
a eugenia bush located by the gas meters at the rear of an apartment
building, and (4) "insufficient water supply" because
after the owner put a new dishwasher in the rental unit, the
tenants complained that they couldn't take a hot shower while
the dishwasher was running. Rent decrease petitions are much
worse now.
"Landlady
Jeannie and the House That Wasn't There"
(Part 5)
This story is an example of how difficult it is to get a removal
permit and be free of rent controls. In this case, Landlady
Jeanne and her husband Harold were the owners of four houses,
when the house they occupied burned down and they barely escaped
with their lives. Their dog was not so fortunate. They hired
me to get them a removal permit for the house that burned down,
but the Board hired a "construction expert" who estimated
that it would cost $31,000 to build a new house to replace the
one that burned down. After hearing testimony from that stooge,
the Board denied the removal permit.
"The
Beige Berber Carpet Case" (Part 22)
In this case, an apartment owner replaced carpet with beige
Berber carpet although the tenant demanded gray plush carpet.
The case before went one of the Board's most idiotic hearing
examiners, who awarded a rent decrease. The owner filed a Superior
Court case over the issue and the judge reversed this outrageous
decision and awarded $2,250 in attorney's fees because the Board
rendered such an arbitrary and capricious decision. (Note: The
attorney's fees cost more than the carpet.)
"The
Adventures of Dr. Devenis" (Parts 80 and 82)
Dr. Devenis had an earthquake-damaged building that was sinking
into its underground parking garage. He spent $375,000 fixing
it as quickly as possible, yet the Rent Board awarded tenants
damages in six rent decrease cases to compensate them for their
inconvenience. The moronic hearing examiner who issued this
decision awarded rent decreases for such things as, (1) "loss
of storage" in the garage because the storage cabinets
had to be moved to reinforce the walls, (2) "inadequate
construction management" because there was debris in the
parking area during the rehabilitation of the building, and
(3) "loss of security" because the digging of trenches
in the underground parking area caused the security gate sensors
to be repeatedly taken out of service. Unfortunately, Dr. DV
never appealed that decision.
"Secret
Files and Hidden Penalties" (Part 47)
This Story explains the Board's unlawful extension of the Rent
Control Law's 120-day time limitation by setting up secret files
and "pre-filing" case numbers to that the Board's
agents can take as much time as they want to gather evidence
in excess rent cases against apartment owners. That way, Rent
Board employees can work behind the scenes to "assist"
the tenants before the case has an official case number and
the 120-day time limitations at Section 1805 (b)(1) begin to
run. As explained in Rent Board Story Part 97, this tactic was
repeatedly used against Village Trailer Park to "consolidate"
excess rent complaints by the dozens in order to invalidate
leases which are supposed to be exempt from rent Control under
the state Mobile home Residency Law. This saga continues.
"A
History of the Mighty Yurko" (Part 45)
This is one of three Stories about the Board's Administrator,
Mary Ann Yurkonis, who created new penalties for apartment owners
by doing such things as, (1) filing rent decrease petitions
on behalf of tenants, (2) setting up secret files and "pre-filing"
numbers for excess rent complaints and (3) revoking vacancy
decontrol rent increases without any notice or a hearing. Commissars
may come and go, but Yurko is forever.
"Adventures
of the Apartment Owner Known as Audacious Adam" (Part 36)
The first of three Stories about this Santa Monica legend concerned
Adam's "do-it yourself" rent increase petition which
missed a rent increase by more than $34,000. Although that is
not an unusual result, the tenants were represented by the Rent
Board's favorite attorney, (whom I refer to as "Sonya Monica")
so the Rent Board decided to add insult to injury by awarding
the tenants "Professional Fees" of $2,445.00 to compensate
the tenants for her services defending them in the rent increase
case. Fortunately, Adam hired the famous landlord attorney,
Harold E. Griffin, who appealed that determination to court,
but the Rent Board scattered like roaches before a light and
agreed to remove the award rather than face the ire of Mr.Griffin
at trial.
"No
More EQ Pass-Throughs for You" (Part 87)
This is the Story about how the Rent Board acted like a reasonable
government agency instead of a radical tenant organization after
the January 1997 "Northridge" earthquake rumbled through
Santa Monica and destroyed hundreds of rental units. For a short
time immediately following the earthquake, the Rent Board adopted
Regulations to permit "short form" rent increase petitions
called "Q-Petitions." These "Q-Petitions"
permitted property owners to seek rent increases to repair earthquake
damage to comply with retrofitting requirements for "soft
story" buildings which the City adopted within a few months
following the earthquake. The Regulations also permitted consideration
of financing costs and interest payments incurred to make the
capital improvements. Unfortunately, this era of good feelings
and reasonable government came to an end on June 30, 1995, which
was approximately a year and one-half after the earthquake.
Although the City Council has twice adopted more stringent and
expensive earthquake retrofitting requirements since then, the
Rent Board has gone back to its old ways and will not allow
a short-form rent increase petition and refuses to allow any
financing expenses in its rent increase petition process.
.
"Institutional
Misrepresentation and Fraud" (Part 91)
This is an excellent example of the extortion demands the Board
perpetrates on owners by sending threatening letters that make
outrageous demands. In this case, the victims were owners the
owners of a three-unit property which they lived on continuously
since they purchased it in May 1989 and then received a waiver
of Rent Control Registration fees in June 1992. However, in
May 1998, the Board sent them a letter demanding registration
fees and penalties of $25,785.06 and when the owners did not
pay the amount, the Board then demanded balance due of $28,163.68,
but offered to settle the case for $816 as payment in full.
I advised the owners to tell the Rent Board to take a leap off
the Santa Monica Pier because they owed nothing, and to call
me if the Board ever took legal action to recover any part of
this ridiculous claim. That was the last I heard of that matter,
so I don't know if the owner did not take my advice or the Board
did not take his advice.
