Tenant – BCN Stay http://bcn-stay.com/ Wed, 18 May 2022 17:11:54 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://bcn-stay.com/wp-content/uploads/2021/06/icon-2-150x150.png Tenant – BCN Stay http://bcn-stay.com/ 32 32 New decision on the indirect protection of the right of occupation of tenants of non-residential premises in the field of real estate law https://bcn-stay.com/new-decision-on-the-indirect-protection-of-the-right-of-occupation-of-tenants-of-non-residential-premises-in-the-field-of-real-estate-law/ Wed, 18 May 2022 17:11:54 +0000 https://bcn-stay.com/new-decision-on-the-indirect-protection-of-the-right-of-occupation-of-tenants-of-non-residential-premises-in-the-field-of-real-estate-law/ In March 2022, the Court of Cassation delivered a judgment in case no. T 459-21 relating to the formal conditions established in the interest of tenants of non-residential premises in the event of termination of rental contracts for non-residential premises . The landlord’s notice of termination contained no notice of the tenant’s right to bring […]]]>

In March 2022, the Court of Cassation delivered a judgment in case no. T 459-21 relating to the formal conditions established in the interest of tenants of non-residential premises in the event of termination of rental contracts for non-residential premises . The landlord’s notice of termination contained no notice of the tenant’s right to bring the dispute before the Regional Rent and Leases Tribunal for mediation if the tenant did not agree to vacate the premises without compensation. The case concerned the question of whether the right of a tenant of non-residential premises to receive compensation would be considered null and void when the tenant left the premises without entering the dispute after having received a notice of termination containing defects in the shape.

Background

The tenant rented the restaurant premises from the owner. The lessor has notified the termination of the rental agreement for the premises to be vacated at the end of the rental period. The act of termination did not contain any indication that the tenant had the right to appeal to the Regional Court of Rents and Leases if he did not agree to leave the premises without compensation. The tenant left the premises in accordance with the notice of termination without entering the dispute. A few months later, the tenant sued the landlord and claimed compensation of SEK 2.3 million for the damage caused by the termination. The landlord argued that the right to compensation had lapsed because the tenant had left the premises without bringing the dispute before the Regional Court of Rents and Leases.

Brief reminder of the formal conditions and the right to compensation

A notice of termination must contain the conditions the landlord requires to extend the tenancy or the reason the landlord is refusing an extension and a notice that the tenant of non-residential premises has the right to take the dispute to the Regional Rents Tribunal and rentals. within two months if the tenant does not agree to vacate the premises without compensation. If the lessor does not comply with these formalities, the notice of termination is not valid.

Occupancy protection is indirect in the case of rental of non-residential premises. This means that a tenant of non-residential premises is entitled to receive compensation for any damage caused by the obligation to leave the premises if the termination takes place without a legitimate reason. The tenant’s right to receive compensation expires if the landlord has issued a proper notice of termination and the tenant does not submit the dispute to the Regional Rent and Leases Tribunal within the prescribed period.

The judgment of the Supreme Court

The question before the Supreme Court was whether the right of a tenant of non-residential premises to receive compensation expires if the tenant fails to apply to the Regional Rent and Leases Tribunal and vacates the premises while the notice of termination has not been notified to the tenant that the dispute could be referred.

The Court of Cassation first notes that, according to the wording of the legal provisions, in the event of notice of termination containing defects in form, the tenant has the right to remain in the premises since the notice of termination is not valid. In this case, the tenant does not need to enter the Regional Court of Rents and Rentals. The tenant can also choose to leave the premises despite the fact that the notice of termination is not valid. The tenant then decides in this case whether or not to assert the nullity and the lessor cannot subsequently remedy any defect.

The Supreme Court has already noted, in NJA [Nytt Juridiskt Arkiv – New Juridical Archive] 2008p. 85, that a notice of termination devoid of any notification concerning the referral to the Regional Court of Rents and Leases is not remedied either by the tenant of the non-residential premises seizing the dispute before the Regional Court of Rents and leases. The termination notice is also invalid in this case.

In total, according to the Court of Cassation, the lessor is not in a position to protect itself against a claim for compensation from the tenant of the non-residential premises by objecting that the tenant has not referred the dispute whereas the notice of termination of the failed lessor contain any notice to that effect. In this respect, the Supreme Court recalls a general principle of patrimonial law according to which the person who promulgates a decree, in this case a notice of termination, cannot invoke for his benefit the non-compliance with the formal conditions of the decree.

The answer of the Supreme Court to the question examined was therefore that the right of the tenant of non-residential premises to receive compensation continues to exist.

comments

The formal requirements of a notice of termination of a rental agreement for non-residential premises have been considered by the Supreme Court on several occasions. Common to the existing case law is that the court stated that defects of form prescribed in the interest of tenants of non-residential premises cannot be relied upon by the lessor for his benefit, see, inter alia, NJA 1981 p. 675, NJA 1992 p. 829 and NJA 2008 p. 85.

The recent case reported by the Supreme Court confirms the fact that tenancy law offers extensive protection to tenants of non-residential premises. It reiterates once again the importance for an owner to comply with the formal requirements established so that a notice of termination is considered to be correctly drafted.

A notice of termination containing defects in form issued by a lessor is therefore not lifted either by the tenant seizing the Regional Court of Rents and Leases on his own initiative or, as in the judgment which concerns us, by the tenant complying with the notice of termination and leaving the premises. The possibility for the tenant to claim compensation within two years from the release of the premises by taking legal action remains in such a case.

]]>
Dozens displaced after partial building collapse in Wilmington https://bcn-stay.com/dozens-displaced-after-partial-building-collapse-in-wilmington/ Tue, 17 May 2022 00:00:00 +0000 https://bcn-stay.com/dozens-displaced-after-partial-building-collapse-in-wilmington/ Dozens of residents were relocated on Monday after Wilmington building inspectors declared 27 apartments along North Adams Street unsafe and uninhabitable. Late Monday afternoon, residents, including young children, stood outside the apartment complexes, stunned by the news and unsure of what was to come next. Devastated and angry at being kicked out of their homes, […]]]>
]]>
Even after housing a ‘nightmare’, new tenants pay more at Grand Apartments https://bcn-stay.com/even-after-housing-a-nightmare-new-tenants-pay-more-at-grand-apartments/ Sun, 15 May 2022 08:30:00 +0000 https://bcn-stay.com/even-after-housing-a-nightmare-new-tenants-pay-more-at-grand-apartments/ EVERETT — Steve Teixeira is almost ready to leave the State Apartments. Life is still a nightmare, he says, and it’s time to move on. Dimension Townhouses, a Renton-based real estate company, never stopped trying to bully tenants out of the building, Teixeira said. Older and disabled tenants disappeared. “They only rent to young, white, […]]]>

EVERETT — Steve Teixeira is almost ready to leave the State Apartments. Life is still a nightmare, he says, and it’s time to move on.

Dimension Townhouses, a Renton-based real estate company, never stopped trying to bully tenants out of the building, Teixeira said. Older and disabled tenants disappeared.

“They only rent to young, white, able-bodied people,” Teixeira said. “I don’t see any disabled people, any elderly people, any people of color. It really bothers me.

Dimension Townhouses also operates under the names “Dimension Properties” and “Dimension Property Management”. He bought the three-story building last summer when the previous owner was ready to retire. In October, residents described life with their corporate landlord as “a nightmare of epic proportions”.

Dimension did not respond to a Herald reporter’s request for comment for this story.

Teixeira is one of the last original tenants, but he is leaving soon. He’s spent the last seven months working with a lawyer from the Northwest Justice Project and doesn’t want to fight Dimension anymore.

Mark Wiggen, 58, is also leaving. Wiggen learned a few weeks ago that Dimension was raising his rent to $1,300. He’s counting on Social Security disability benefits and can’t afford the raise.

“I’m just going to one bedroom, but I’ll have full access to the apartment,” Wiggen said. “I would like to have my own house, but I won’t for a while. The options here for a disabled person are limited.

“As long as they do the bare minimum”

Over the past year, Dimension has left tenants without working fire alarm systems, turned off their water without notice and threatened them, according to residents who spoke to the Daily Herald. Tenants reported issues to city and state agencies, but the company did not face many consequences.

Teixeira said Dimension had shut off its water without warning “too many times to count” since October and tenants were “almost constantly” without hot water.

The ceiling in Teixeira’s apartment had a slight leak last summer, but it got progressively worse. Water drips every time someone showers. In February, the entire bathroom floor was soaked.

In December, Teixeira filed a complaint with Adult Protective Services. Dimension had removed the names of two tenants from their utility accounts, which caused them to lose power and heat, Teixeira said. Both tenants were elderly or disabled.

Over the past month, new tenants have started renting the apartments. Oisin Thompson said he saw the issues Teixeira described, but was unaffected by most of them. Thompson recently accepted a job in Everett. Before moving to the State Apartments, he spent three months in an Airbnb in Lake Stevens.

The Grands Appartements have received some aesthetic improvements since October. It offers chic, renovated apartments with trendy floors, fresh paint and new appliances. They rent up to $1,325.

“It was a decent place,” Thompson said of his decision to move to The Grand. “It was reasonably priced and it was the right size. There aren’t tons of options out there. I’ll give them some credit, it’s nice inside the apartment current.

Thompson said Dimension informed him before turning off the water. The ceiling in his apartment did not leak. The biggest problem is that the building is running out of hot water, Thompson said, and the situation has worsened over the past two weeks. He also had to install his own WiFi.

“For me, I don’t have any real regrets,” Thompson said. “Overall, it’s nice. WiFi was annoying, but as long as they do the bare minimum it will be fine.

“Our investigations are ongoing”

It doesn’t appear the city of Everett has fined Dimension, even though the city’s office of the fire marshal found the company violated fire codes last year. Earlier this month, a city code enforcement team also discovered that Dimension was working on the building without a permit.

“Our investigations are ongoing,” Everett spokeswoman Kimberley Cline said by email. “We plan to work with the owners to rectify the issues encountered.”

City records show the fire department responded to four false alarms before inspecting the property in September. The inspector found nine fire code violations, including that the building’s alarm system was overdue for an inspection, the building lacked lighted exit signs and the fire extinguishers had not been serviced by a contractor approved. The most recent safety inspection was in October, Cline said.

The fire marshal found the alarm system to be “functional”, but “some fire extinguishers needed repair”. The fire department responded to another false alarm in December, according to city records.

In April, Teixeira called 911 about another alarm problem.

“I heard that piercing sound,” Teixeira said. “Sure, a warning tone went off and I was like, ‘Oh fuck, the alarm is going off again. It was night, I opened my door and it was dark in the hallway.

Thompson said all the lights in the hallway were off when he got home and the fire marshal was already in the building. The incident report said the alarm system “reported problems but not alarming” and that there was “no light in the hallway”.

“(Engine 2) investigates and finds hot water system work partially completed, with several circuit breakers off,” according to the incident report. “One is ‘the fire alarm.’ When turned back on, the fire alarm system returns to normal.E2 advised the resident to speak to the landlord of the apartment before operating any other circuit breakers, as there were open and unprotected wires in the the laundry room. ”

The city does not issue fines for fire code violations, Cline said. It charges “inspection fees”.

The fire safety inspection fee is $5 per unit for multi-family buildings like the Grands Appartements, plus a fee for “significant common areas”. The maximum fee for common areas is $352.

The fire department does not charge building owners for the first three responses to avoidable false fire alarms. The fourth answer and additional answers cost $308 each.

Cline said the city’s code enforcement unit, which deals with other safety issues and unsafe buildings, did not receive a complaint until earlier this month. A code officer inspected the building on May 6 and found there had been “recent work on the water heating system without a permit,” Cline said.

The city sent a notice to Dimension to comply Monday. Cline said the city has options if Dimension ignores the letter, but the most likely is for the city’s hearing reviewer to determine how the city responds. The Hearing Reviewer has the power to impose fines.

The Everett Tenants’ Union

In October, Teixeira wanted to fight more than his expulsion notice. He felt that his neighbors were in danger and that Dimension was intentionally pushing away tenants with disabilities.

Most of the original tenants of the Grands Appartements met with a lawyer from the Northwest Justice Project. In the end, however, they decided staying at the Grand wasn’t worth fighting for. Teixeira, the last tenant, is also done fighting Dimension, he said.

He hopes a new group he’s starting, the Everett Tenants Union, will help tenants who find themselves in similar situations. The online community allows tenants to share information and resources, Teixeira said. It’s still in its infancy, but he hopes it will also be a platform for Everett tenants to discuss the changes they want to see.

Teixeira’s top priorities? More code enforcement and tougher penalties.

“They have the right to earn money,” Teixeira said. ” I understand. But not at the expense of personal safety.

Katie Hayes: katie.hayes@heraldnet.com; Twitter: @misskatiehayes.

Katie Hayes is a member of the Report for America body and writes about issues affecting the working class for the Daily Herald.

Gallery


]]>
Connecticut Supreme Court’s landmark landlord-tenant decision addressing the implications of the COVID-19 pandemic and resolving the question of who bears the burden of proof regarding the duty to mitigate damages | Murtha Cullina https://bcn-stay.com/connecticut-supreme-courts-landmark-landlord-tenant-decision-addressing-the-implications-of-the-covid-19-pandemic-and-resolving-the-question-of-who-bears-the-burden-of-proof-regarding-the-duty-to-mit/ Fri, 13 May 2022 17:36:22 +0000 https://bcn-stay.com/connecticut-supreme-courts-landmark-landlord-tenant-decision-addressing-the-implications-of-the-covid-19-pandemic-and-resolving-the-question-of-who-bears-the-burden-of-proof-regarding-the-duty-to-mit/ On May 10, 2022, the Connecticut Supreme Court issued an extremely important decision in AGW Sono Partners, LLC v. Downtown Soho, LLC, et al. (SC 20625), addressing several COVID-19-related defenses asserted by commercial tenants in the wake of government executive order closures and the pandemic as a whole. The Court also resolved the issue of […]]]>

On May 10, 2022, the Connecticut Supreme Court issued an extremely important decision in AGW Sono Partners, LLC v. Downtown Soho, LLC, et al. (SC 20625), addressing several COVID-19-related defenses asserted by commercial tenants in the wake of government executive order closures and the pandemic as a whole. The Court also resolved the issue of who bears the burden of proof regarding the duty to mitigate damages.

In AGW Sono Partners, the tenant, a restaurant and bar operator, stopped paying rent due to the effects of governor’s executive orders forcing his business to close, as well as the effects of the pandemic. The landlord exercised his rights under the law and the lease and terminated the lease. The tenant eventually moved out. The lessor brought an action to recover unpaid rent and damages resulting from the breach of the commercial lease. The tenant asserted several defenses, including in particular the defenses based on the doctrine of impossibility and the destruction of purpose. Following a trial, the trial court entered judgment in favor of the landlord, finding that the tenant was not exempt from his rental obligations based on the doctrines of impossibility and frustration of the goal. The trial court granted a monetary judgment, but did not award all damages to the owner, saying there was not enough information regarding the mitigation of damages.

The Supreme Court upheld the trial court’s decision regarding the defense of impossibility, finding that the effects of the executive order and the pandemic did not make it impossible to perform the obligations of the lease. The Supreme Court agreed with the trial court that even under the most restrictive executive orders, enforcement was not rendered entirely impossible since the restaurant could still have provided curbside or take-out service, and notably the lease did not prohibit this from happening. Further, the Supreme Court noted that although the lease did not contain a force majeure clause, the lease had other wording that made it clear that the defendant/tenant had an obligation to comply with all laws, ordinances and regulations, and to the extent that there was forgiveness in a crisis situation, the lease only relieves the obligations of the plaintiff/landlord.

Similarly, the Supreme Court upheld the trial court’s decision regarding the goal annihilation defence. The Supreme Court, acknowledging that the doctrine is interpreted narrowly, concluded that the purpose of the lease was not frustrated by executive orders or the pandemic. Again, the Supreme Court pointed out that the language of the lease did not limit certain types of meals and did not preclude take-out or subsequent outdoor dining.

Finally, the Supreme Court considered the question of who bears the burden of proof with respect to the mitigation of damages. The Court first repeated a well-established law in Connecticut that when a landlord chooses to terminate a lease and pursue a claim for breach of contract, the landlord is obligated to mitigate its damages. Although it was the tenant who raised the defense of non-mitigation of damages, the trial court placed the onus on the landlord to prove its mitigation efforts and found that the landlord failed to present sufficient evidence. information, thereby reducing damage. The Supreme Court, if not, recognize that it was an unresolved law in Connecticut, held that where a tenant has breached a lease, the onus is on the tenant to prove that the landlord failed to undertake commercially reasonable efforts to mitigate its damages. Therefore, the Supreme Court quashed and returned this case to the trial court only with respect to a new action for damages.

]]>
New tenant for former Fort Collins JCPenney space to open this year https://bcn-stay.com/new-tenant-for-former-fort-collins-jcpenney-space-to-open-this-year/ Wed, 11 May 2022 17:40:08 +0000 https://bcn-stay.com/new-tenant-for-former-fort-collins-jcpenney-space-to-open-this-year/ Fort Collins executives paved the way for Murdoch’s Ranch and Home Supply to take the next step in the redevelopment of the former Midtown JCPenney store that has been vacant for two years. Murdoch’s rep John Aitchison said they hope to be open by the end of the year, but there are still a few […]]]>

Fort Collins executives paved the way for Murdoch’s Ranch and Home Supply to take the next step in the redevelopment of the former Midtown JCPenney store that has been vacant for two years.

Murdoch’s rep John Aitchison said they hope to be open by the end of the year, but there are still a few small things to sort out before construction can begin.

Murdoch’s currently has 13 stores in Colorado, including Greeley and Longmont as well as others in Nebraska, Idaho and Wyoming. Opening in Fort Collins allows Murdoch to better serve its customers, Aitchison said. “We realize that Fort Collins is booming and we want to be able to serve our customers there so they don’t have to leave town.”

Murdoch’s plans to lease the building now owned by Boniuk Interests Ltd. of San Jacinto, Texas, according to Larimer County property records.

]]>
Immigrants living under a different regulatory regime https://bcn-stay.com/immigrants-living-under-a-different-regulatory-regime/ Sat, 07 May 2022 05:10:53 +0000 https://bcn-stay.com/immigrants-living-under-a-different-regulatory-regime/ Scholars and advocates discuss the regulatory frameworks that govern immigrants without legal status. More than 46 million immigrants live in the United States, the highest immigrant population in more than a century. But many immigrants lack the legal status to work and live in the United States, subjecting them to a different regulatory framework for […]]]>

Scholars and advocates discuss the regulatory frameworks that govern immigrants without legal status.

More than 46 million immigrants live in the United States, the highest immigrant population in more than a century. But many immigrants lack the legal status to work and live in the United States, subjecting them to a different regulatory framework for access to justice, health care and housing.

A large majority of immigrants without legal status have lived and contributed to their community for many years.

Although the United States benefits from the contributions of immigrants, the United States regulatory framework subjects immigrants without legal status to either over-regulation – as a means of preventing their access to government resources – or under-regulation, as a means of allowing their expulsion or continued exclusion. .

Under the Trump administration’s 2020 public charge rule, for example, the Department of Homeland Security (DHS) explained that “individuals are inadmissible to the United States if they are incapable of caring for themselves without becoming public charges”. The 2020 rule considered immigrants without legal status a “public charge” if they relied or could rely on public benefits such as Medicaid, SNAP or federal housing assistance.

Even though the Trump administration’s public charge rule is no longer in effect, the rule had a lasting effect during the COVID-19 pandemic, when half of immigrant families refrained from applying for public assistance because that they feared potential consequences for their immigration status.

In addition, DHS proposed a change to the 2019 public charge rule that would revert to the previous administration’s interpretation of “public charge.” According to DHS Secretary Alejandro Mayorkas, under this rule change, individuals would not be “penalized for choosing to access health benefits and other additional government services available to them.” Yet DHS will continue to exclude certain non-citizens who may need to access public benefits such as Social Security and the Temporary Assistance for Needy Families program.

DHS continues to deport people often without a hearing before an immigration judge or access to an attorney. Simultaneously, DHS does not get involved in privately funded deportation cases, such as medical deportations, when hospitals contract private plane charters to avoid continued medical care for immigrants without legal status or health insurance. .

In this week’s Saturday seminar, we feature the work of experts who discuss how administrative status differs for immigrants without legal status.

  • In an article published in the Journal of Food Law and Policy, Kimberly Bousquet argues that government actors should pass laws and enact regulations to protect farm workers – many of whom are undocumented immigrants – from excessive exposure to COVID-19. Bousquet notes that agricultural workers are essential to the US economy and as a result they had to show up for work during the pandemic at times when most other workers were encouraged or required to stay home. Bousquet argues that agricultural workers face special hardships, or at least greater hardships than the vast majority of American workers, including cramped housing, extreme poverty, and the inability to take paid sick or sick leave. access unemployment benefits. Because of these hardships combined with having to work throughout the pandemic, Bousquet explains that agricultural workers have contracted COVID-19 at a higher rate than the general population. Bousquet argues that the federal government should require agricultural employers to provide protections for their workers to reduce their rate of COVID-19 infections.
  • Courts should grant tenant rights to tenants in arrangements outside of the typical tenant-landlord relationship, argues Mekonnen Firew Ayano of the University of Missouri Law School. In an article published in the Georgetown Journal of Poverty Law and Policy, Ayano explains that many immigrants find themselves in “informal tenant” relationships – where they rent bedrooms, basements or other rooms converted into living spaces – because they struggle to earn the income and the credit history needed to rent a property. Ayano discusses the legal differences between informal tenant relationships and traditional tenant-landlord relationships. In informal relationships, tenants obtain only those rights granted to them under contract law, while formal tenant-landlord agreements secure additional property rights for both tenants and landlords. Ayano explains the problems often present in informal tenant arrangements, such as overcrowding and instability. He argues that courts should address these issues not by regulating informal housing, but by granting tenant rights to those who have informal relationships with tenants.
  • In an article published in the Russell Sage Foundation Social Science Journal, Amairini Sanchez of the University of Georgia and several co-authors argue that monetary penalties are used to exploit immigrants and tie them into the “crimmigration” system – a term used to describe the intersection of criminal law and civil law in l ‘immigration. They analyze how monetary penalties interact with illegal immigration systems in different states. The authors explain how courts use the opacity of the immigration system to exploit immigrants who fear deportation by imposing legal financial obligations on them. They also argue that judges often use racialized language to justify their immigration decisions, even when awarding sentences they consider lenient. Sanchez and his co-authors conclude that courts use monetary penalties to keep immigrants tied to the criminal justice system.
  • In an article to appear in the California Law Review, Shayak Sarkar, of the University of California’s Davis School of Law, argues that “capital controls” – limits on the movement of funds across borders – work as a form of “migrant control”. Sarkar examines three capital controls: taxation of remittances, refusals to pay social security benefits, and banking rules for customer identification. He writes that these capital controls, which often make distinctions based on immigration status, can “protect against, deport, and marginalize” various immigrants. For example, many immigrants are separated from the formal financial system because they do not have the “specific forms” demonstrating their legal status. Sarkar explores the respective implications of constitutional law and immigration laws, such as which government entities are allowed to control American migration
  • Immigration policy in the United States affects public health, says Polly J. Price of Emory University. In an article published in the Indiana Health Law Review, Price criticizes DHS for treating immigrants’ access to health care in a punitive way. For example, DHS released a proposed rule in 2018 that would effectively require “all aliens requesting an extension of stay or change of status” to demonstrate that they have not received any government-funded healthcare services. She argues that this treatment encroaches on the domain of local health services and could “increase the prevalence of communicable diseases”.
  • In a report published by the Free Migration Project and the University of Pennsylvania Law School Legislative Clinic, David Bennion and several co-authors denounce the practice of medical deportation, which they define as “the physical removal by a nongovernmental entity from a patient immigrating, seriously injured or ill, from one country to another without the informed consent of the patient or their authorized caregiver”. Hospitals often claim that these patients want to return to their home countries to receive care, but this is usually not the case, for Bennion and his co-authors. The authors identify problems with medical expulsion. For example, they claim that it is often not a medically sound decision and can lead to deterioration in the condition or even death of patients. The authors recommend that hospitals and government policy provide greater protection against medical eviction.

The Saturday Seminar is a weekly feature that aims to put into written form the type of content that would be conveyed in a live seminar involving regulatory experts. Every week, Regulatory Review publishes a brief overview of a selected regulatory topic and then summarizes recent research and academic writing on that topic.

]]>
Living in a state of disrepair https://bcn-stay.com/living-in-a-state-of-disrepair/ Thu, 05 May 2022 08:00:26 +0000 https://bcn-stay.com/living-in-a-state-of-disrepair/ “Domino!” A black and white short-haired dog happily wags its tail and retreats to a three-bedroom townhouse at 1500 Caldwell Ave. Its owner, Andrea Terry, an OCH tenant, says she has lived in this house and raised her now adult children for the past 23 years. The living room – there is a futon, a […]]]>

“Domino!”

A black and white short-haired dog happily wags its tail and retreats to a three-bedroom townhouse at 1500 Caldwell Ave.

Its owner, Andrea Terry, an OCH tenant, says she has lived in this house and raised her now adult children for the past 23 years.

The living room – there is a futon, a television and a bed – is painted in bright blue with some decorations. Then there is the large hole behind the bed.

A tour of the house reveals more hidden flaws, including missing kitchen drawers, broken electrical outlets and mold in the walls.

Some of the damage to the house was caused by children growing up, Terry admits. Other things have been broken since the day she moved in.

“I’m embarrassed to bring people here because of the lack of repairs,” she said. “It’s heartbreaking for me because I used to care, but now it’s like, why care when they don’t care how you live?”

If urgent repairs are needed, they’re pretty good, Terry said of the OCH maintenance staff, but you can expect to wait weeks, months, or even years for anything to get fixed. other be repaired.

“It makes me a bit depressed, asking for help, needing to do things and not doing anything.”

On the housing company’s website, staff aim to respond to urgent issues such as blocked toilets, broken elevators, broken locks or flooding within 24 hours.

For regular maintenance like dripping taps, torn screens and cracked windows, it aims to fix them within seven working days.

Larger renovations or replacements, such as bathtubs or kitchen floors, can take up to 60 days, and this should be planned.

“We can’t always guarantee these standards, but we always try to meet them,” according to the housing company’s website.

]]>
Sun Valley landlord laments eviction moratorium as ‘nightmarish tenant’ destroys property https://bcn-stay.com/sun-valley-landlord-laments-eviction-moratorium-as-nightmarish-tenant-destroys-property/ Tue, 03 May 2022 05:54:13 +0000 https://bcn-stay.com/sun-valley-landlord-laments-eviction-moratorium-as-nightmarish-tenant-destroys-property/ Flora Alarcon’s tenant doesn’t pay rent and trashes her property in Sun Valley, but due to the COVID-19 eviction moratorium, she just has to wait. The California COVID-19 Rent Relief Program was created to protect renters from losing their place of residence during the coronavirus pandemic, allowing applicants to receive money to pay rent and […]]]>

Flora Alarcon’s tenant doesn’t pay rent and trashes her property in Sun Valley, but due to the COVID-19 eviction moratorium, she just has to wait.

The California COVID-19 Rent Relief Program was created to protect renters from losing their place of residence during the coronavirus pandemic, allowing applicants to receive money to pay rent and utilities .

Protection against eviction has also been instituted as part of the scheme, which the Alarcon tenant is taking advantage of to claim he applied for the scheme in October.

However, she still hasn’t seen the money, which means eight months of rent-free living.

Alarcon said while she understood the efforts to protect people during the pandemic, she felt nothing was protecting her as a landlord, as she watched her property crumble before her eyes.

“It breaks my heart,” she said, fighting back tears of frustration Monday as she spoke with CBS reporters. “It breaks my heart to see all my hard work being put to use.”

His property sports three houses, the main family home to the front, with a pair of rental properties to the rear. She says the middle property is home to the problematic tenant.

Unauthorized additions, piles of trash, spray paint on the walls, problematic wiring, and a shed completely destroyed by fire are just a few of the notable issues surrounding the property.

As she noticed the increasing number of problems, she filed an eviction request with a local judge, which she obtained.

Only to have it overturned by another judge after the notice was served, thanks in large part to the extension of the moratorium on evictions until June 30.

“I went back to court today and it was thrown out,” she said, noting how helpless she felt in this situation, despite assurances that the program was designed to help both tenants and owners.

“A lot of landlords have really been hit hard financially,” said Dan Yukelson, executive director of the Greater Los Angeles Apartment Association. “It’s time the government stopped keeping tenants. People have to pay their rent or they have to move out.”

He said while most applicants for the relief program actually needed it and used it accordingly, he saw a large proportion of tenants using the system and creating problems for their landlords.

As the days go by, she hopes her property can remain somewhat salvageable – and that there will be no further extension of the program after June.

“Don’t pay rent, but keep my house in good condition. That’s all I want,” she concluded.

No one responded when CBS reporters attempted to speak with the tenant at their home.

]]>
City extends rent control ordinance to cruise ship tenants at Buoys Marina – The Mercury News https://bcn-stay.com/city-extends-rent-control-ordinance-to-cruise-ship-tenants-at-buoys-marina-the-mercury-news/ Sun, 01 May 2022 13:10:06 +0000 https://bcn-stay.com/city-extends-rent-control-ordinance-to-cruise-ship-tenants-at-buoys-marina-the-mercury-news/ ALAMEDA — Anxious residents of the Barnhill Marina floating home community contacted the city earlier this month after learning their rent could be increased by at least 30% by the port’s new owner. But they can stop worrying for now as City Council unanimously decided on Thursday to apply Alameda’s rent stabilization order and Covid-19 […]]]>

ALAMEDA — Anxious residents of the Barnhill Marina floating home community contacted the city earlier this month after learning their rent could be increased by at least 30% by the port’s new owner.

But they can stop worrying for now as City Council unanimously decided on Thursday to apply Alameda’s rent stabilization order and Covid-19 eviction moratorium to dockside homes. of 66 marina residents near 2394 Mariner Square Drive.

“I am and work hard to address homelessness in our city…and one of the ways to prevent homelessness is to not allow it to happen in the first place,” said Mayor Marilyn Ezzy Ashcraft. .

Floating community residents, half of whom are over 65 and many are low-income, compared their situation to that of mobile home residents who also typically own their homes but rent space in the few affordable pockets. remaining in the Bay Area.

Barnhill Marina Fair Rental Team member Mayumi Stroye told Thursday’s meeting that the average monthly rent was $608 and the new owner wanted to increase it to $1,074. A member of the new owner’s management team said in an interview that he could neither confirm nor deny these numbers.

The council’s action was a relief to marina residents.

“As an elderly single woman I feel very safe here, and there’s a great community that looks out for others and is very comforting,” said Betty Gladden, who moved to Barnhill Marina in November. “When you walk in, just a few months ago, thinking of one thing, then suddenly you turn around and [get] slapped with something else, it’s a little hard to swallow.

When they went to City Manager Eric Levitt, marina residents demanded that he push for an emergency ordinance freezing their rent for 90 days while the city considers expanding the ordinance. rent stabilization to include houseboats.

The council did them better by immediately expanding the scope of the order and making it retroactive to April 14.

Passed in 2019, the ordinance limits the amount of rent that can be increased each year, protects tenants from eviction without cause, requires relocation assistance if tenants need to be moved, regulates buyout agreements and prohibits retaliation by landlords against tenants.

In a letter to new marina landlords sent a few weeks ago, Special Counsel Adam Radinsky of the Alameda City Attorney’s Office warned that state law prohibits residential landlords from raising rents at the above specified rates – typically by more than 5% over a 12 month period. .

The marina had long been owned by the Barnhill family. Its patriarch, Audley Vernon “Barney” Barnhill, bought the then dilapidated dockyard in the 1960s and renamed it Barnhill Marina and Boatyard.

With the help of naval architect and yacht broker Richard Boland, Barnhill designed and built many of the houseboats that still stand at the marina. Since his death in 2014, Barnhill Construction Co. has closed. Barnhill’s wife, Lai, was the company’s CEO when it broke up in January.

In December, the Barnhill family sold the property to a Wyoming limited liability company called BHM&S LLC for $9.1 million. Seven days later, BHM&S sold three of the marina’s four plots to Valley Investments-Redwoods of Richmond for $12.75 million, according to an email Levitt forwarded to that news agency.

BHM&S leases the fourth parcel to Valley Investments for $7,800 per month, according to sale documents.

The Barnhill family did not respond to interview requests but noted marina residents had known about their desire to sell the property for two years.

Drishti Narang. the daughter of Valley Investments-Redwood director Amar Narang told city council that she had recently purchased a houseboat in Barnhill Marina.

In an interview, Narang said she had “done a lot of work trying to engage with this community.” She added that the management team met with residents to assess their vision for the marina.

The Barnhill family did not run a profitable operation, she said in an email.

]]>
Self-storage tenant protection provider SafeLease appoints CPO https://bcn-stay.com/self-storage-tenant-protection-provider-safelease-appoints-cpo/ Fri, 29 Apr 2022 13:33:34 +0000 https://bcn-stay.com/self-storage-tenant-protection-provider-safelease-appoints-cpo/ SafeLease, which provides a tenant protection plan for self-storage operations, has appointed Deepak Surana as Chief Product Officer. He will lead the product management, design and engineering teams that develop the company’s proprietary platform and seek to expand its product suite, according to a press release. “We are building a platform to help small and […]]]>

SafeLease, which provides a tenant protection plan for self-storage operations, has appointed Deepak Surana as Chief Product Officer. He will lead the product management, design and engineering teams that develop the company’s proprietary platform and seek to expand its product suite, according to a press release.

“We are building a platform to help small and medium business owners maximize their revenue potential,” said Steven Stein, Founder and CEO. “Deepak combines a strategic mindset with the technical expertise to realize our vision for the SafeLease product suite.”

Surana has over 20 years of experience developing products for companies such as Accenture Plc, Blackboard Inc. and Dun & Bradstreet Corp. He most recently served as Managing Director of marketing technology company OutboundEngine Inc. During his tenure as Senior Vice President of Product and Engineering for OutboundEngine, he oversaw the company’s marketing automation product portfolio. company, the statement said.

“The self-storage market is ripe for a modern suite of revenue-driven products,” Surana said. “We merge superior platform capabilities with a seamless user experience to provide property owners with the tools, technology and infrastructure they need to turn risk into revenue.”

SafeLease Tenant Protection integrates with most self-storage management software to automatically enroll eligible tenants into a minimum coverage protection plan upon move-in. Customers with proof of insurance can opt out. Facility operators collect revenue directly from tenants.

Based in Austin, Texas, SafeLease works with commercial real estate owners in the United States. It leverages technology and a partner-centric business model to create new revenue channels that maximize the value of commercial real estate assets.

Source: PR Newswire, SafeLease Welcomes Deepak Surana as Product Manager

]]>