Oakland tenants deserve an apology from non profit housing developer

Oakland tenants deserve an apology from non profit housing developer

By Lynda Carson -- August 19, 2011

Oakland -- One of Oakland's largest non profit affordable housing developers has been abusing it's tenants by using notices that were not legal to the enter tenant's apartments, and owes an apology to all the tenants that had their rights violated.

In a shocking admission of wrong doing, during late afternoon on August 19, property manager, Lynn Newton of the East Bay Asian Local Development Corporation (EBALDC) admitted that the notices EBALDC was using to demand entry into the tenant's apartments at 829 E. 19th St., were not legal.

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 recently, tenants posted "Do Not Disturb" notices on their doors pursuant to California Civil Code Section 1954, to reserve their lawful right to privacy, and on August 8, around a quarter of the residents at 829 E. 19th St., received notices threatening them with eviction and the tenants were falsely accused of denying EBALDC entry into their apartments.

The tenants falsely accused of denying the building manager entry into their apartments received notices 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.

Despite the admission of wrong doing, EBALDC refuses to send followup notices to Oakland's Rent Adjustment Program and the Oakland Housing Authority, to clear the names of the tenants that were falsely accused of denying management entry into their apartments.

After being reminded that the tenants were still fearful of receiving an "Unlawful Detainer" notice in the mail (eviction notice), EBALDC property manager Newton stated that he did not want to put anything into writing that would legally put EBALDC into jeopardy, but wanted the tenants to pass the word around to one another that they were no longer facing an eviction threat.

Additionally, on August 19, building manager Danny Chen admitted that it was his signature on the August 8 notices threatening the tenants with eviction, but Chen stated that the notices were actually filled out by his supervisors Lynn Newton, and Janice Yan, of EBALDC.

As one of Oakland's largest non profit housing developers EBALDC has well over 1,000 rental units and property manager Newton stated that EBALDC will change their "24 hour notices" being used in all of their residential rental properties to come into compliance with state law.

In 1997, EBALDC payed around $461,000 for the 21 unit residential building at 829 E. 19th St., and according to the Alameda County Tax Assessor's Office the total taxable value for the property is currently around $581,908.

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

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