State of the Effort at Lincoln Place
By Sheila
Bernard
Tenants at Lincoln Place are
rebuffing efforts by owner AIMCO (Apartment Investment Management Co.) to
displace them and demolish the historic complex. Aimco is misreading the law and
misinforming tenants about their rights. The current issue is a little-known and
to-our-knowledge-never-litigated part of the Ellis Act concerning who is
disabled.
According to the Ellis Act, tenants who are
at least sixty-two years old and tenants who are “disabled” are
entitled to one-year notice of their units being removed from the rental market.
For the definition of “disabled”, the Ellis Act refers to Government
Code Section 12955.3, which defines “disability” as any condition,
impairment, disorder, or disease that would limit a major life activity. The
definition includes many fairly common conditions, and the code states that it
is intentionally broad.
Based upon
this definition, most of the 175 families at Lincoln Place who are staying to
fight the Ellis evictions qualify for the one-year notice, and have informed
AIMCO that they qualify. AIMCO responded by asking for proof that the tenants
qualify as disabled under the much-more narrow federal and state definitions,
which do not apply. Tenants responded with a letter informing Aimco that it is
misreading the law.
We will see whether AIMCO
decides to accept what the law says or whether they choose to open up another
front in their assault upon the Lincoln Place community. If that is
AIMCO’s choice, tenants will respond
appropriately.
The 175 households who
are staying have shown great courage in the face of enormous pressure from
AIMCO, one of the largest landlords in the United States. In addition to
fighting the Ellis Act, tenants are also in litigation with the City of LA over
the City’s improper granting of a subdivision which would include
demolition of Lincoln Place. These households need the support of the community
for their legal effort, which will benefit renters not only at Lincoln Place,
but throughout California. Tax exempt donations can be sent to LPTA, p.o.box
1312, Venice 90294.9AM-1PM, May
20.
Sheila Bernard is President of the
Lincoln Place Tenants Association
Posted: Wed - June 1, 2005 at 11:39 AM