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          


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