[The following article was originally printed in Los Angeles Daily Journal's 10/5/07 issue.]

L.A. Council Drops Appeal in Low-Income Housing Case

By Peter B. Matuszak

The Los Angeles City Council has voted to ignore the advice of City Attorney Rocky Delgadillo and not appeal a court ruling in favor of nearly 100 tenants evicted from rent-controlled apartments two years ago.

The owner of Lincoln Place Apartments, Apartment Investment and Management Co. of Denver, has stated that it will appeal the court's decision but now will no longer have the city's support.

Councilman Bill Rosendahl, an advocate for the tenants, led the majority who voted 11-1 on Wednesday to drop the case.

"The court said we have the moral and legal obligation to defend our tenants," Rosendahl said in proposing to not appeal the case.

The city attorney's office would not comment Thursday on the council's rebuff.

After the evictions in 2005, Delgadillo's office advised the council against trying to help the tenants, saying Lincoln Place owners were protected by the state's Ellis Act, which allows eviction of residents when property owners plan to convert their units to condominiums.

In response to a suit by the tenants, an appeals court last month ordered the city to enforce pre-Ellis Act laws that protect residents displaced by new developments.

The three-judge panel of the 2nd District Court of Appeal ruled that the evictions were unlawful and violated the terms of conditions imposed under the California Environmental Quality Act. Lincoln Place Tenant's Association v. City of Los Angeles, 2007 DJDAR 14722 (Cal. App. 2nd Dist. Sept. 19, 2007).

The act requires developers to propose and adhere to mitigation plans for residents displaced by new projects in order to gain approval from local governments.

Nemecek & Cole partner Greg Ozhekim, who represents AIMCO, said the city's departure from the case would not stop the company's plan to file for review by the state Supreme Court.

"We don't believe it's a great loss," Ozhekim said. "It would have been nice to have the city along for the appeal, but we think we'll receive more support from the real estate community and other groups."

Ozhekim said AIMCO will appeal the decision because it is factually unsound and inappropriately applies the California Environmental Quality Act when no development has been officially proposed or approved.

"The court leaped without considering a basic tenant of CEQA law," he said.  "There needs to be some sort of initial discretionary approval for it to apply. Merely filing Ellis Act evictions with the city is not that."

John Murdock, who represents the Lincoln Place Tenants Association, called the city attorney's refusal to assist the tenants up to this point "obtuse" and said the residents feel vindicated by the council's decision to drop the case.

"I was dumbfounded by the city attorney's position," Murdock said. "What does the court have to do? Hit them over the head with a hammer? I think finally the message has gotten through, though, as indicated by the vote of the council," he said. "They have agreed that this is the law."

Murdock said some of the residents still live at Lincoln Place. Those who were evicted will be invited back, and many will seek restitution.

"I think a case can be made against the city, but we think the city has taken a huge step to mitigate any damages it created," he said. "I think at this point we are inclined not to sue the city.

"If they had dragged it out with an appeal for another year, then my clients would feel otherwise."
 
 
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© Lincoln Place Tenants Association
Email: info@lincolnplace.net