Tenants falsely accused are threatened with eviction by EBALDC

Tenants falsely accused are threatened with eviction by EBALDC

By Lynda Carson -- August 10, 2011

Oakland -- Around one quarter of the low-income tenants residing at 829 E. 19th St., a 21 unit residential building in Oakland have been falsely accused of denying the building manager access to their rental units, and have been threatened with eviction in the process.

The tenants received the notices threatening them with eviction on Aug. 8, 2011, and are accused of posting "Do Not Disturb" notices on their doors after receiving bogus "On or About" notices to enter their apartments by building manager Danny Chen, of the East Bay Asian Local Development Corporation (EBALDC).

Under California state law, all notices to enter a tenants apartment are required to have a firm date posted on the "24 hour notice" when a landlord or it's agent wants to enter an occupied rental unit on a specified day. A landlord is required to serve a "24 hour notice" in advance for each and every day the landlord wants to enter the tenant's apartment.

The bogus notices being served to the residents at 829 E. 19th St., stated that the landlord wanted entry into the tenants units "On or About" a certain date, meaning that the landlord may try to enter the apartment a day early, or a day later, or not at all, or who knows when. The bogus "On or About" notices are not legal "24 hour notices" under California law.

In response to the bogus notices being served, around a quarter of the building or more posted "Do Not Disturb" notices on their doors pursuant to Civil Code Section 1954, to reserve their lawful right to privacy.

The tenants falsely accused of denying the building manager entry into their units received notices on Aug. 8, 2011 telling them that they have 7 days to correct the violation or they may face eviction by EBALDC, and copies of the notices have been placed by the building manager into the tenants files, with copies sent to Oakland's Rent Adjustment Program, and the Oakland Housing Authority.

Since becoming the building manager at 829 E. 19th St., during the past two years Danny Chen has become known as the brutal overseer of the property. He has outraged some of the tenants for attempting to pressure them into giving up their Section 8 vouchers, and later he followed up by trying to pressure the low-income residents into signing up for the Weatherization Program run by Spectrum, so the wealthy building owner (EBALDC) may obtain free repairs done at the building at tax payers expense.

During July, tenants have been receiving notices, calls, and knocks at their doors by the building management in the effort to pressure the tenants into going along with a $2.5 million renovation scheme unfolding at the property, and as recent as July 19, 2011 the building manager (Danny Chen) passed around another faulty "on or about" notice in the effort to rush construction workers into the low-income tenant's apartments. The tenants could not tell from the faulty notices served what day the building management actually planned to enter their apartments with the construction workers.

Additionally, during the past 14 months the low-income residents at the east Oakland residential building were served 3 different bogus notices listing a number of major renovations that were scheduled to begin in their building that never materialized, leaving the tenants feeling harassed, pressured and stressed by the notices that threatened them with being blocked from using the front door to the building, construction workers entering their homes, loss of privacy, removal of much needed trash chutes in the building, the spread of toxic lead paint dust, excessive noise, and construction debris and equipment scattered in the hallways.

On March 16, 2010 Oakland's City Council voted to loan EBALDC a total of $2,517,000 to renovate 829 E. 19th St. With only 21 rental units, that works out to be around $120,000 per unit, including 10 one bedroom apartments, and 11 studio apartments. In 1997, EBALDC payed around $461,000 for the 21 unit building, and according to the Alameda County Tax Assessor's Office the total taxable value for the property is currently around $581,908.

The low-income residents at 829 E. 19th St., are concerned that they will be stuck paying off the $2.5 million loan in the form of higher rents, and are outraged that EBALDC plans to skim around $105,000 from the $2.5 million loan in what is called administrative or developers fees.

Additionally, the tenants believe that EBALDC may be trying to force them out their rental units through constructive evictions, and the latest false accusations being leveled by EBALDC against the tenants, including the threats to evict a quarter of the building is of great concern in the tenant community.

Lynda Carson may be reached at tenantsrule [at] yahoo.com

Note: Lynda Carson is a longtime resident of 829 E. 19th St.