Thursday, January 07, 2016

After Snitching On Landlord For Peddling Apartments As 'Night-To-Night' Rentals On Airbnb, Long-Time (25-Years) Tenant Gets Hit w/ Eviction Notice When Responding City Inspectors Discover That Entire Premises, Once A 4-Family Home, Had Been Illegally 'Bootlegged' Into 8-Unit Building

In Los Angeles, California, the Los Angeles Times reports:
  • Worried that their new landlord was trying to turn their Venice apartment building into a kind of illegal hotel, Phyllis Murphy and her neighbors wrote a letter to city officials.

    The residents complained that some of the units were being rented out to tourists for short stays, bringing a revolving door of strangers into the complex on a tranquil stretch of Third Avenue. Murphy said her landlord once asked her, not-so-subtly, what it would take to get her out of the building.

    The landlord denies saying that. He also said that a tenant, not he, was responsible for the rentals. But the city housing department nonetheless ordered him to make sure they came to a halt.

    So it was a shock when Murphy — a plucky 67-year-old with reddish hair and an easy laugh — abruptly found herself facing eviction.

    City inspectors said they spotted the rentals that bothered Murphy. But they also concluded that only four of the eight units in the building had been legally permitted, according to city documents.

    Elena Popp, executive director of the Eviction Defense Network, a nonprofit law firm that assists tenants, says it is a scenario she has seen before in a city rife with illegal housing: A renter has a complaint. She goes to the city for help. But when city inspectors come calling, they find that the apartment itself is illegal. And that ultimately means tenants can be booted out.

    More than 1,700 such "bootlegged" apartments have been shut down in the wake of city inspections since 2010, according to the housing department. Many are discovered through routine inspections of rental housing, but they can also be detected when city inspectors react to complaints about an apartment being used for an illegal purpose, like the one that Murphy and her neighbors lodged with the city.

    In a bid to save some of those units, Councilman Felipe Fuentes has proposed an amnesty for illegal units that meet safety standards, one that would relax other city requirements that often block legalization in exchange for creating affordable housing. That idea has united both tenant and landlord groups, but the proposal still must be vetted by city lawmakers.

    In the meantime, city officials say landlords can either try to legalize bootlegged units or simply shutter them and evict tenants.

    Murphy said she first realized what was happening when paperwork from the city housing department arrived in the mail, offering her help with her upcoming move.

    "The housing department is supposed to be maintaining affordable housing," Murphy said one Sunday afternoon at her apartment, just a few days before her scheduled eviction date. "And instead, they're making four less apartments here — and they're allowing Airbnb."
    ***
    Before the tenants asked the city for help, inspectors had never spotted any problem with extra units in their apartment building.

    Housing officials say that the building had been inspected before, but they don't check a building's original paperwork during those routine inspections unless something makes them suspicious. After the residents raised concerns about illegal rentals, the department took a look at its files. City inspectors say four apartments at the Venice building were converted into eight by walling off bedrooms.
    ***
    Murphy decided to stay and fight. Her unit was not one of the ones that were specifically deemed illegal by the city. [Amanda] Seward, her attorney, eventually persuaded the housing department to rescind its approval for two of the evictions, including the one facing Murphy. But by then, Seward and Murphy said, the other tenants whose eviction had been rescinded had already moved out.
    ***
    Now Murphy is the only tenant remaining at the apartment building. She was grateful that her attorney had helped her stay in her beloved bit of Venice, but frustrated that her call to the city had ended up putting her through a legal odyssey and "an emotional roller coaster." Seward said it was "shocking" that the city hadn't cracked down on night-to-night rentals, yet insisted on enforcing the rules on illegal yet habitable units.

    "It's a cautionary tale," Seward said. "Now when people call me and ask, 'Should I report this to the city?' I hesitate. I have to wonder how much help they're going to get."