GUEST OPINION
Kitchen ceiling (Photo – Patricia Cunliffe)
A YES vote on Prop 33 will do away with Costa Hawkins, which limits the ability of local governments to enact rent control.
By Patricia Cunliffe
Here is an example, right here in our area.
Joey Alkes (77) and Patricia Cunliffe (63) rented a single-family home in Altadena for 31 years, never once failing to pay their rent. The first 29 years they rented from LA Homeowners Aid, Inc. Mel Hoffman, owner of LA Homeowners Aid, Inc passed away in 2020. In April 2021, the heirs Pam and Dean Bauer of All Commercial Investment Group, Inc. physically delivered a letter stating that they were now the new owners of the property. Prior to that, Pam Bauer had been the rental manager for her father’s corporation until her two sisters found some questionable items in the books and decided to become more involved in the family business. While Pam was in charge, every time a repair was made to the property, she would raise the rent.
Learning that, Joey and Patricia made it a point to take care of the problems as they happened so as not to bother the rental office except when it was unavoidable. Pam once told them that “One heater is all you need;” when told that only one of the 6 heaters in the 4 bedroom house worked.
July 2021, during the pandemic restrictions, the Bauer’s raised the rent and also the deposit amount to equal the new rental amount.
In July 2022, Joey and Patricia received another rent increase. Pandemic restrictions would not expire until March 31, 2023. This time they asked for some badly needed repairs.
Dean Bauer agreed to the repairs but also told them that they would be receiving a notice to vacate sometime after the new year 2023, claiming that they wanted to give the house to their daughter, Keller Williams VIP Properties Agent, Breana Bauer. In order to replace tenants with an owner move-in, the family member must be of the same age and income bracket as the tenants that are being replaced.
February 2, 2023, Joey and Patricia received their official 90-day notice to vacate. The date to be out by was April 30, 2023. The reason for the no-fault eviction had been changed to a “substantial remodel” claiming the Ellis Act – removing the property from the rental market.
The Ellis Act is one of the most misused and abused protections by landlords to circumvent tenant protections without paying penalties, second only to the Costa-Hawkins Act. The notice did not include a check for relocation assistance and the Bauers never filed the required documentation with the LA County Department of Consumer and Business Affairs (DCBA).
The tenants made a written request for a one-year extension based on their ages on February 23. Dean Bauer responded with a phone call on March 1, denying the request and offering a Cash-for-Keys Agreement. The tenants mailed their Cash-for-Keys response on March 15, 2023 and never heard from All Commercial Investment Group again.
As April 30 approached, the tenants had still not received any relocation assistance so they mailed a letter along with their May 2023 rent check, again asking about their relocation assistance. The check was accepted.
Wiring to refrigerator (Photo – Patricia Cunliffe)
May 4, 2023, a process server delivered a document stating that the previous notice to vacate had been withdrawn and that the rent, beginning in September 2023, would be 136% higher than what they were currently paying. This notice was sent from famed Eviction Attorney Dennis Block – although there was no identifying information as such on the document.
September 26, 2023, a mediation began between Pam Bauer and Patricia Cunliffe, facilitated by DCBA Mediator Ramon Lopez, with Neighborhood Legal Services of Los Angeles (NLSLA) Attorney Isaiah Feldman-Schwartz in attendance, representing Patricia Cunliffe and Joey Alkes. Pam Bauer asked if they had received the letter from her attorney, Dennis Block. They had not. It was agreed that they would resume the mediation after having located said letter.
Joey Alkes and Patricia Cunliffe moved out of the residence on September 28, 2023 without ever having received their relocation assistance.
November 3, 2023, Pam Bauer declines offer from DCBA Mediator, Ramon Lopez, to speak with Rent Stabilization Ordinance Counselors to become better informed of the laws, stating that she is not willing to negotiate further.
November 7, 2023, NLSLA attorney sends response letter to Dennis Block addressing his errors of law. Dennis Block never responded.
December 4, 2023, Patricia Cunliffe filed a complaint against Dennis Block with the State Bar of California.
She received the following from the State Bar of California on October 8, 2024:
As to the May 3, 2023 rent increase, we understand that it is your and your attorney’s contention that the increase was prohibited under the Tenant Protection Act (TPA). Conversely, Mr. Block asserts that the rent increase was valid and enforceable pursuant to the Costa Hawkins Act. It is our understanding that the TPA is silent on Costa-Hawkins.”
That is why it is imperative to Vote YES on Prop 33, and NO on Prop 34. The California Apartment Association has spent upwards of $45 MILLION in support of Prop 34, while the AIDS Healthcare Foundation are working tirelessly to oppose it, having spent only $18 million. While Prop 34 cleverly hides behind what appears to be an agenda on prescription drugs – it is in actuality an attempt to restrict tenant protections. A YES vote on Prop 33 will do away with Costa Hawkins. The Costa Hawkins Act, a protection for landlords, was passed in 1995 – which limits the ability of local governments to enact rent control.
Patricia Cunlifee is a multifaceted artist currently in post-production on her feature documentary, The Pueblo Revolt.
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