This article was posted on Friday, Dec 01, 2023

A New Rochelle-based landlord group will pay $105,000 in damages after settling a housing discrimination case for denying housing to applicants with housing vouchers.  The company had a “company policy” barring the use of Section 8 vouchers at some of their residential properties. 

Besides the fine, the company also agreed to set aside 20 units for prospective tenants using housing vouchers and to waive broker fees for such tenants for five years.

Property Owner Sues City of Los Angeles for Nuisance, Dangerous Conditions that Put North Hollywood Residents at Risk

The complaint alleges Los Angeles officials have failed to maintain public safety and ignored the security and wellbeing of low-income and immigrant families.

LOS ANGELES, CA –[In October], Larson LLP filed a lawsuit against the city of Los Angeles for failing to maintain public safety and order in and around a city-controlled alley adjacent to a North Hollywood apartment complex, leaving the tenants at risk to harm from street gangs and criminals who have seized control of the alley.

The lawsuit was filed as a last resort after the apartment owner exhausted all other reasonable measures to get the city to address the hazard. Most notably, the city recently denied an application by the apartment owner to take control of the alley and safeguard it by using private resources. City officials said the safety measures would hinder “connectivity” even though adjacent routes are easily accessible.

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“The city’s absurd response about ‘connectivity’ shows they simply don’t care about fixing this dangerous situation. Why would any tenant worry about ‘connectivity’ to street gangs, addicts and taggers who are terrorizing their neighborhood by overrunning the alley beside their residences?” said Stephen G. Larson, co-lead counsel for Group IX BP Properties LP. “At best, the city’s response is tone deaf and, at worst, it demonstrates a blatant and willful disregard for the safety of the hard-working families who call this neighborhood their home.”

Disturbingly, the city has been aware of the community hazard for years and has done nothing to abate it, even after 90 residents previously submitted affidavits asking that access to the alley be restricted to reduce crime and vandalism. As one of the 90 residents noted, “The activity and violence comes from outside, not from within this property. I cannot believe that the city does not allow the landlords to close the alley.”

Located at 13100 Vanowen Street in the North Hollywood area of Los Angeles, California, the complex – which provides a crucial affordable-housing solution for low-income and immigrant families – has been grappling with the overwhelming impacts of the city’s sustained negligence and reckless abandonment of the alley, which has become a hotspot for criminal activities, narcotics use, public nuisances and various hazards.

Residents and community members have suffered due to the proliferation of gang activity, vandalism, illicit substance use, tagging, and violence in the alley – all within proximity to their homes, schools, a church, local businesses and community centers.

The complaint filed by Larson LLP, on behalf of the property owner, Group IX BP Properties LP, asserts the city’s negligence and inaction have created a nuisance and resulted in an invasion of the plaintiff’s property, giving rise to a cause of action for inverse condemnation. The complaint alleges that the city’s failures to enforce its laws and uphold its responsibilities have significantly devalued the property, and most importantly, caused significant harm to the building’s residents who live in constant fear and distress.

Specifically, the complaint alleges the city has failed to maintain adequate lighting and remove graffiti and litter in a reasonable amount of time; post signage and roadway markings against illegal parking and loitering; remove obstructions on the public-right-of-way and abate nuisances emanating from unlawful activities; and address residents’ concerns and petitions for the closure of the nuisance alley under the city’s Nuisance Alley Abatement Program.

In turn, the property owner is seeking an order for the city to undertake immediate actions to rectify the hazardous conditions and enforce no-loitering and no-parking zones in the alley; compensation for property devaluation, increased security and maintenance costs, and compensation for the emotional distress suffered by the residents; and a mandate for the city to enforce its municipal codes and ensure the maintenance of public spaces to prevent such occurrences in the future.

“The city has ignored their responsibility to protect those that are facing housing instability, which is the demographic our client serves. We are resolute in our pursuit to compel the city of Los Angeles to address and rectify the appalling conditions that have risen due to their gross negligence,” said Larson. “We are hopeful that this complaint will be a catalyst for change and will compel the city to uphold its obligations to maintain public spaces and ensure the safety and well-being of all its residents. Our goal is to collaborate constructively with the city to foster an atmosphere where every resident, irrespective of their socioeconomic status, can lead a life free from fear and insecurity in their community.”

Larson urged community members, local representatives, and non-governmental organizations to support efforts to urge the city to fulfill its responsibilities by addressing the degradation of local communal areas that have been allowed to spiral into ruin in recent years.

 

Larson is an elite litigation firm committed to achieving success in any courtroom. A fierce advocate for our clients and a formidable adversary for opposing counsel, the firm focuses exclusively on winning high-stakes cases. With attorneys in California, Washington, D.C., and London, the firm has the firepower to beat any opponent in high-stakes lawsuits. The lawyers who join Larson graduate from the top law schools in the country, have clerked for federal judges, and have honed their practice and held leadership positions at Am Law 200 firms and in the public sector.