DC Attorney General warning that it must tighten security or risk prosecution as a “nuisance property”*

The Van Ness South Tenants Association can now confirm that recently the DC Office of the Attorney General (OAG) delivered a letter to Equity Residential management warning that it must tighten security or risk a lawsuit via the OAG that could result in it being designated a “nuisance property.” The OAG’s website describes nuisance properties this way:

“D.C. Code § 42-3101 through §42-3111 allows the Office of the Attorney General and community groups to file lawsuits against properties that are being used to sell, store or manufacture illegal drugs; that are being used to unlawfully store or sell guns; or that are being used to facilitate prostitution. These lawsuits must also show that the properties are having an “adverse effect” on the neighborhood as a result of the drug, gun, or prostitution activity. The law empowers judges in these lawsuits to remedy the nuisance through a variety of appropriate means, like ordering the landlord to evict a problem tenant, install security cameras, maintain a list of people who aren’t allowed on the property, or take other steps to prevent the nuisance activity.”

Earlier this week, the Forest Hills Connection reported that the Metropolitan District Police (MPD) recommended to the Office of the Attorney General (OAG) that three local buildings, including 3003 Van Ness, be required to improve building security or risk a lawsuit by the OAG.

The Office of the Attorney General and the Metropolitan District Police now will meet with Equity Residential management to discuss what steps Equity must take to improve security at 3003 Van Ness.

Ironically, on the home page of its website, the $33 billion Equity Residential corporation describes its mission this way:

Our purpose at Equity Residential is creating communities where people thrive. We know that in order to thrive, however, our residents must first feel safe.
— Equity Residential

*Note: In a previous iteration of this page, VNSTA had stated that 3003 Van Ness already had been designated a “nuisance property.” However, it later learned that there is a longer process leading to such a designation - a warning or letter from the OAG and then requirements by OAG to improve security procedures. If that is not successful, the OAG may file a lawsuit against Equity Residential. If the company loses the suit, the Superior Court likely would designate it as a “nuisance property.”

Nevertheless, the recent action by the Attorney General, prompted by a request by the Metropolitan District Police, is a very strong rebuke against Equity Residential for failing to provide adequate security for its residents.

VNSTA asks DCRA to issue formal letter to Equity regarding expert analysis of problems at 3003

On January 20th, the Van Ness South Tenants Association sent a letter to the DC Department of Consumer and Regulatory Affairs, thanking it for its recent tour of glaring maintenance problems at 3003 Van Ness and also asking DCRA to follow-up with clear instructions to Equity Residential about next steps.

With regard to the substantial damage in the garages, the letter specifically requests that DCRA require a full analysis conducted by certified certified, independent experts in three areas: structural engineering, plumbing and waterproofing.

The letter from VNSTA to DCRA concludes:

We respectfully request that DCRA follow up its inspection with a formal letter to Equity Residential, copying the tenants association, stating its expectations for a full analysis by certified experts, as well as specific instructions for Equity in the interim.
— VNSTA letter to DCRA

Forest Hills Connection interviews VNSTA president Harry Gural

The Forest Hills Connection published an interview with VNSTA president Harry Gural about the tenant association’s ongoing battles with Equity Residential over building repairs and the lack of security. This follows the FHC’s recent story revealing that the Metropolitan District Police had asked the DC Attorney General to designate 3003 Van Ness as a “nuisance property.”

The FHC interview with Gural also cites VNSTA’s protracted 7-year war with Equity Residential over its use of “rent concessions” to circumvent DC rent stabilization laws.

Read the recent interview in the Forest Hills Connection

DC Metropolitan Police ask Attorney General to require Equity Residential to tighten security at 3003 Van Ness or risk prosecution*

The Forest Hills Connection today published a story confirming that the DC Metropolitan Police Department has asked Attorney General Karl Racine issue a letter to Equity Residential demanding that it tighten building security to prevent serious crime, or risk prosecution and possible designation as a “nuisance property.

The commander of the Metropolitan Police Department’s Second District has reported three Van Ness and Forest Hills apartment buildings to the division of the Office of the Attorney General that handles “nuisance” properties because they have not implemented recommendations that could curtail problems that lead to many police service calls.

At a December 16th public meeting, 2D Commander Duncan Bedlion said that police look for patterns when a building is generating a large number of calls for service. MPD works with building owners and managers to do a security assessment and make recommendations. Often, he says, the buildings are quick to implement MPD suggestions. Some are not.

“If they do not follow them and we continue to see violent crime or narcotic-related crime we notify our partners at the Office of Attorney General, those that specifically work at the “nuisance building” section,” Bedlion said.

Read more in the Forest Hills Connection


*Note: An earlier version of this web page claimed the the Metropolitan District Police asked the DC Attorney General to designate 3003 Van Ness as a “nuisance property.” Later research revealed that action by the OAG would require Equity to tighten security because of frequent and serious crimes that had taken place on the property. If OAG gave Equity Residential such a warning and it then failed to tighten security satisfactorily, the OAG could file suit against the company, possibly leading to the Superior Court designating Equity Residential a “nuisance property.”

Nevertheless, the complaint by the Metropolitan District Police to the Attorney General is an astounding blow to Equity Residential, which markets itself as a provider of high-end apartments in major U.S. cities.

VNSTA requests update on aggressive dogs following Dec. 7th attack

The Van Ness South Tenants Association today sent a letter to Josh Luper, General Manager of Equity Residential for 3003 Van Ness, requesting an update on the vicious attack by two extremely aggressive dogs on a smaller dog in the underground garage on December 7th.

In an email to residents on December 20th, Mr. Luper told residents that if their animals pose a threat to other animals or people, Equity Residential may require it to be removed from the community. There have been no further communications from Equity Residential since then, raising concerns by VNSTA security working group members that no action may have been taken.

For these reasons, the letter from VNSTA requests an update from Equity Residential.

DCRA orders Equity Residential to start covering up evidence of damage in underground garage

Equity Residential today started covering over damaged areas of the garage at 3003 Van Ness, concealing areas that require thorough inspection. Equity’s action was taken on the order of the Department of Consumer and Regulatory Affairs, which had made a quick tour of the area accompanied by Equity Residential management on Friday.

DCRA, which did not have the area inspected by a certified structural engineer, licensed plumber or waterproofing consultant, moved quickly on Friday to tell Equity to cover over the damage. Equity Residential, which had allowed these problems to languish for months, acted with lightening speed to cover the areas after DCRA instructed it to make unspecified repairs.

The Van Ness South Tenants Association sent a letter to DCRA Director Mr. Ernest Chrappah on Saturday immediately after learning of the cover up. The letter states….

Tenants association releases report on the deteriorating building at 3003 Van Ness

The Van Ness South Tenants Association today released an extensive report on the condition of the buildings at 3003 Van Ness, including vivid photos of likely structural problems, security issues and safety hazards.

The tenants association sent the report with a letter to the Department of Consumer and Regulatory Affairs (DCRA), requesting an extensive inspection of 3003 Van Ness. DCRA has fined Equity Residential, which manages the building, many times. VNSTA calls on DCRA to investigate, and if it finds substantial violations, to assess Equity Residential with additional fines sufficient to deter such behavior in the future.

VNSTA appeals rejection of its FOIA request for MPD analyses of local crime

On December 27th, the VNSTA wrote a letter appealing a recent decision by the Freedom of Information Office of the DC Metropolitan Police, which denied a FOIA request by VNSTA for analyses of crime in the Van Ness area.

Public records on the MPD’s Crime Cards website suggest that crime has risen sharply in PSA 203, which includes Van Ness, over the past three in comparison to the prior three years.

The FOIA, originally submitted on December 14, requests existing MPD data and analyses that track crime in PSA 203 in comparison to crime in other parts of the city.

The letter of appeal, rejection letter and FOIA can be found at this link.

VNSTA Security Working Group holds Zoom meeting with 3003 management

Monday, December 20th, the VNSTA Security Working Group had an online meeting with Josh Luper, building manager of 3003 Van Ness for Equity Residential.

Mr. Luper again promised that Equity would produce a plan for tightening security at 3003 Van Ness. He was not able to provide further details.

He also told members of the working group that Equity was testing several companies that provide security guards on a trial basis, with guards posted overnight from Thursday through Sunday nights. He could not explain why following the recent stabbing at 3003 Van Ness, no security was needed for the overnight shift on Monday, Tuesday or Wednesday.

On a positive note, Mr. Luper agreed to VNSTA working group member Owen Epstein’s request to walk the perimeter of the building with him to review broken locks or doors at exterior entrances/exits.