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Displaced tenants of fatal fire damaged 2551 San Pablo Avenue apartments to file lawsuit

by Lynda Carson (tenantsrule [at] yahoo.com)
On Wednesday morning April 26, around fifteen tenants displaced from the massive fire at 2551 San Pablo where four people died, will be holding a holding a press conference with their attorneys to announce a lawsuit. The press conference begins at 10:30 AM, in the courtyard outside the Alameda County Courthouse, at 1221 Oak Street in Oakland (across the street from 1225 Fallon Street - Rene C. Davis Courthouse).
Displaced tenants of fatal fire damaged 2551 San Pablo Avenue apartments to file lawsuit

By Lynda Carson - April 25, 2017

Oakland - On Wednesday morning April 26, around fifteen tenants displaced from the massive fire at 2551 San Pablo where four people died, will be holding a holding a press conference beginning at 10:30 AM, in the courtyard outside the Alameda County Courthouse, at 1221 Oak Street in Oakland (across the street from 1225 Fallon Street - Rene C. Davis Courthouse).

The fifteen tenants who resided in slum-like conditions at the 2551 San Pablo Avenue apartments, owned by Keith Kim, during the time of a massive fire, will be with their attorneys from the San Francisco law firm Greenstein & McDonald to announce a lawsuit against landlords and master tenants for fire and substandard conditions at 2551 San Pablo Avenue in Oakland, and broader regional impacts of dangerous slum properties.

The tenants and their attorneys will be filing a multi-unit lawsuit, seeking damages for the tragic fire that occurred on March 27, 2017, which killed four people, injured six tenants, and displaced nearly one hundred others, as well as for the deplorable, slum-like conditions which had persisted at the property before the fire. The tragic fire comes on the heels of the Oakland Ghost Ship fire which killed 36 people late last year, and these fires in buildings with hazardous conditions and slum-like conditions raise questions about housing standards and safety in residential buildings in Oakland and throughout the Bay Area.

The complaint being filed by tenants and their attorneys names as defendants the owners and master tenants for the complex, as the entries and individuals responsible for the ownership, possession, control and/or management of the apartments.

The building (deathtrap) where four people died is owned by slumlord Keith Kim, who resides in a spacious Piedmont home valued at more than $3,800,000.

Three nonprofit organizations allegedly managed the building where four people died at 2551 San Pablo, and around 100 people resided there in dangerous slum like conditions, until the building caught fire. Urojas Community Services, House of Change, and Dignity Housing West were involved. Urojas Community Services and Dignity Housing West provided housing for the low-income renters residing in slum like conditions, including the disabled and mentally ill. The City of Oakland knew there were many code violations at the building, and that people were living in slum-like conditions because the slumlord Keith Kim failed to maintain the building properly.

Wesley Nitoto a.k.a. Monsa Nitoto, reportedly is part owner and property manager of 2551 San Pablo Avenue apartments for slum-lord Keith Kim.

After the inspection reports of the Oakland Fire Prevention Bureau that were made public exposed some of the code violations at 2551 San Pablo, in addition to the released emails by the media exposing major problems in the system regarding 2551 San Pablo, Oakland Mayor Libby Schaaf decided that it was time to double the size of the Fire Prevention Bureau. Code violations reported include problems with the fire alarm system, fire sprinkler system, emergency lighting and exit signs, smoke detectors, fire extinguishers, evacuation maps, extension cords in lieu of electrical outlets, and furniture in interior areas of the building. There were also habitability issues inside the building, including mold, mildew, structural instability, damaged interior, lack of water, lack of heat, leaky pipes, unsanitary conditions, leaky roof, holes in walls/ceilings/floors, rodents, improper plumbing, and deferred maintenance – and blight outside the building – graffiti, trash, debris, building materials and discarded furniture. In essence, the residents of 2551 San Pablo have been living in slum-like conditions for some time, and the city was well aware of it.

Tenants made complaints, and repairs were either not made or they were entirely inadequate according to a press release from the law firm involved in the case representing fifteen displaced residents of 2551 San Pablo Avenue apartments. Plaintiffs are also alleging the defendants had knowledge of the severe code violations for many years before the fire.

In a statement from Ken Greenstein, attorney for the fifteen traumatized displaced victims, “Our law firm will aggressively pursue the defendants in this case because of their complete disregard for the health and safety of the tenants at 2551 San Pablo Avenue, which includes dozens of children, seniors and disabled tenants.”

Urojas Community Services, House of Change, and Dignity Housing West Managed The Building Owned By Slumlord

Three nonprofit organizations including Urojas Community Services, House of Change, and Dignity Housing West managed 2551 San Pablo, where four people died, and around 100 people resided there in dangerous slum like conditions until the building caught fire, and they had to flee for their lives.

Among the three nonprofits that were operating at 2551 San Pablo, Jamari Herbert is listed as the agent for service of process with the Secretary of State for House of Change. Records reveal that House of Change has a suspended license, and records reveal that Jamari Herbert was listed as the secretary for the alleged nonprofit organization. Alleged nonprofit organization, because there are not any public records available that can confirm that House of Change ever had a nonprofit status.

Additionally, according to Corporation Wiki, Jabari Herbert is a former president of Dignity Housing West. Dignity Housing West is listed as the owner of 690 15th St., plus 430 28th St., is listed as being owned by Dignity Housing West li Associates, and Harp Plaza Apartments in Oakland is owned in partnership with Dignity Housing West, and the Community Housing Development Corporation of Richmond. Dignity Housing West Associates was also an affiliate of Oakland Community Housing, Inc, a nonprofit affordable housing developer that dissolved after it allegedly became broke. Curtis Flemming is currently the director of Dignity Housing West, and is listed with the Secretary of State as the agent for service of process for the company.

Jabari Herbert also has a website for a company called the Herbert Enterprise Group, LLC, and according to their website: “Herbert Enterprise Group is a strategic consortium of three companies: Herbert Development Enterprises, LLC (HDE), Greenstone Development, LLC (Greenstone) and Focon Construction, Inc. (FOCON). Each individual team member has achieved professionally within their respective field. The consortium leverages HDE’s commercial development and entitlements’ expertise with FOCON’s engineering and construction experience and Greenstone’s capabilities in project planning and financing on large public-private projects to deliver top quality projects. Our team offers a proven track record and exceptional relationships to achieve swift entitlements and meet your organization’s objectives for completing first-class real estate development projects.”

Public records with the Secretary of State in California reveal that out of the three corporations mentioned in the Jabari Herbert website that are part of the consortium called Herbert Enterprise Group, LLC, that the Jan K. Herbert Development Partners, LLC, has a suspended license. Additionally records reveal that Greenstone Development, LLC, has a suspended license also. A search of other records fail to turn up a real estate license or a contractors license for Jabari Herbert, and it appears that despite the hype of the website for the consortium called Herbert Enterprise Group, LLC, that the consortium is dysfunctional, or may have dissolved.

Based on information and a recent article in the East Bay Express, it also appears that Jabari Herbert has become a front for slumlord Keith Kim and his brother Hahn Kim, and their company called the West Oakland Development Group, LLC, in a $4.2 million shady land deal involving the City of Oakland, and developer Patrick Kennedy of Panoramic Interests in a project to build micro-apartments in West Oakland.

As for Urojas Community Services, according to public records, the last time Urojas Community Services, employee identification number 26-2211142, filed a 990 tax filing it was for 2010. Public records reveal that by the end of 2010, Urojas Community Services, a 501 c3 nonprofit charity organization, run by Jasper Lowery, had a fund balance of only $100. Records also reveal that by the end of 2009, Urojas Community Services had a fund balance of $100, and they had no assets or a zero fund balance for the organization by the end of 2008. Reportedly, nonprofit organizations that fail to file their 990 tax filings in a timely manner may be charged steep fines or penalties for violating the law.

According to Urojas Community Services, Dr. Jasper Lowery, Founder and Executive Director of the organization, is a certified administrator for the State of California to operate Licensed Care Facilities, and public records reveal that his license is active till 11/23/2018.

Records also reveal that Urojas Ministries run by Pastor Jasper Lowery, has a suspended license.

Reportedly, Urojas Community Services and Jasper Lowery have also been in the news recently in Stocktonfor allegedly running a transitional project poorly.

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

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