Save Lincoln Place Apartments! Venice, California

About AIMCO's Illegal Evictions:
Breaking the Conditions of Development

SUMMARY:

The Los Angeles City Council approved AIMCO’s redevelop project for Lincoln Place with the condition that no tenants would be involuntarily displaced in the process.
AIMCO is now evicting all Lincoln Place families while still moving forward with the project.
The City Attorney MUST enforce the city’s laws and seek an injunction to protect these families!

BACKGROUND

In 1995 the owners of Lincoln Place proposed conditions for redevelopment of the property and stated specifically that they were consistent with the Ellis Act, or going out of the rental business in a phased process over 10 years on the existing units.

In a letter to the Los Angeles City Council the owner's attorney stated:

"To ensure that existing tenants are not displaced, the applicant has made several unprecedented commitments [including] no existing tenant would be involuntarily displaced from the site....Significantly, all of the Project's tenant protection and affordable housing commitments were made voluntarily."

And: "In substance, the Lincoln Place Redevelopment Project is a proposal for the existing Lincoln Place apartments to ‘go out of business’ coupled with a proposal to redevelop the property.”

The project goals as stated in the application and the Environmental Impact Report (EIR) were:

To minimize disruption of the existing residential community through coordinated phasing of the project
To create opportunities for existing residents to remain in housing on the project site if they so wish
To give priority for affordable rental housing to those existing residents who choose to remain on the property
To give priority to all existing residents who wish to purchase for-sale units
To stage the implementation of the development in step with the local housing market over an approximate ten-year period
Nevertheless, due to widespread community opposition, the City Council denied the owners’ redevelopment plan that year

In 2002, after seven years of litigation, the Los Angeles City Council approved the redevelopment plan. They did so reluctantly, as a result of what the City Attorney represented to them was an order of the court and a threat of contempt if they didn't approve it. At no time in the history of the proposed project has AIMCO or any of the project’s other proponents voiced the desire to abrogate or change the tenant protection provisions in the project.

WHAT AIMCO IS DOING NOW

In March 2005 AIMCO notified all Lincoln Place tenants of its intent to evict them under the Ellis Act, a provision that allows landlords to go out of the rental business. Tenants were given 120 days to vacate the premises, or one year if they were disabled or over 62 years of age.

In July 2005 AIMCO filed unlawful detainer actions (eviction notices) against tenants who refused to relocate voluntarily.

Also in July 2005, an appeals court handed AIMCO a victory over preservationists, who had sued after several buildings on the site were demolished. The court affirmed AIMCO's right to proceed with their redevelopment plan so long as the original conditions -- including the tenant protection provisions -- were met.

AIMCO continues to seek approval of the redevelopment project and is telling every court and government agency -- except for the eviction court -- that it wants to proceed with the project as quickly as possible. To proceed with the project requires compliance with the conditions. To proceed with the Ellis evictions requires non-compliance with the conditions. Absent an admission that the redevelopment conditions were agreed to fraudulently, AIMCO cannot invoke the Ellis Act "in good faith.” In July 2005 the appellate court said exactly that: "Owners cannot have it both ways."

WHY AIMCO’S EVICTIONS ARE ILLEGAL

The court of appeals in essence ruled that the demolitions of buildings were part of the approved redevelopment plan, or tract map project.

Thus, AIMCO has taken the first step in the tract map. LAMC 12.29 says once an owner takes the first step of the project, they must immediately comply with conditions. A violation of this is a violation of the Los Angeles Municipal Code.

WHAT THE CITY ATTORNEY CAN DO

The City Attorney can seek an injunction to compel compliance. AIMCO is out of compliance with the conditions, and is therefore in violation of the Los Angeles Municipal Code.

The City Attorney can seek an injunction to compel compliance and to prevent the carrying out of the evictions. Each day out of compliance is a new violation. Violations are misdemeanors, resulting in fines or other penalties.

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