Tenants again warn Equity Residential that taking down tenant association flyers is against the law

For the third time in recent weeks, the Van Ness South Tenants Association sent a letter to Equity Residential management, reiterating that DC law prohibits landlords from removing tenant association informational material from bulletin boards.

Recently, the tenant association has been posting flyers informing residents of 3003 Van Ness that the DC Department of Buildings is conducting building-wide proactive inspections at the property. VNSTA believes that Equity has made insufficient effort to alert residents about the inspections, and as a result it has impeded progress. For this reason, the tenant association has been posting informational flyers. Evidence strongly suggests that Equity Residential employees have been taking down many of those flyers.

The flyers are particularly important because they let residents know that they must fill out an official permission from the Department of Buildings in order to have their apartment inspected. Equity’s efforts to take down flyers deprives residents of that important information, decreasing the chance that they will get a needed inspection, and slowing the work of the Department of Buildings. For these reasons, the tenant association has sent Equity Residential a third letter reminding the company that it is illegal to take down tenant association flyers from community bulletin boards, and that the law stipulates steep fines for doing so.

“I am writing to you for a third time about Equity Residential employees removing flyers that were posted by the tenant association.

We are concerned because the flyers inform residents about building-wide inspections by the DC Department of Buildings, which have found that many apartments lack electrical outlets in kitchens and bathrooms that are designed to prevent electrocution. We also are concerned because it is illegal for Equity Residential to remove tenant association posters, under DC law §42–3505.06.
”

— Quote Source

Mayor's Office of Legal Counsel denies VNSTA's appeal of DHCD denial of FOIA request

The Mayor’s Office of Legal counsel today denied an appeal by the Van Ness South Tenants Association regarding the denial of a FOIA request by the DC Department of Housing and Community Development.

The FOIA request by VNSTA stated:

We request the most up-to-date draft version of the Rent Control Housing Database mandated by DC law under §42–3502.03c. Public Accessible Rent Control Housing Database.

We request access to an operational version of the database so we can review its functioning before it is released to the public later this year.

VNSTA’s appeal of the DHCD denial of the initial request stated:

There is an urgent public need for a publicly accessible database of rents, which was mandated by the DC Council via a the “Rent Control Housing Clearinghouse Amendment Act of 2015 (B21-0119).” The District of Columbia has failed to deliver the database for eight years, depriving DC residents of important information that likely would slow the rising cost of rental housing.

The appeal also argued that:

If the database had been produced in a timely manner, renters, the DC Council, and the press could have used the historical information to easily detect the “rent concession” scam, by which some landlords falsely reported rents and systematically overcharged customers.

VNSTA tells Equity Residential that taking down posters may be illegal

The Van Ness South Tenants Association today sent a second letter to Equity Residential senior employees, telling them that Equity’s practice of taking down tenant association posters may be illegal.

Last week, after receiving reports that Equity staff was taking down posters designed to inform residents about inspections by the Department of Buildings and a potentially dangerous electrical problem in many apartments, the tenant association sent a first letter expressing concern to building manager Josh Luper.

Subsequently, another Equity Residential employee admitted via email that the staff was taking down tenant association posters. For this reason, VNSTA wrote a second letter to building manager Luper, cc’ed to senior Equity Residential executives, pointing out the sections of DC law that state that such actions are illegal, and that stipulates stiff penalties for violating the law.

VNSTA sends Equity Residential another letter about broken security doors

Residents of 3003 Van Ness today discovered two broken security doors leading from the underground garage into the apartment building. The tenant association has reported these broken doors many times in the past.

In addition, residents found that the loading dock doors were again left open, allowing easy entrance to the underground garages.

Harry Gural, president of the Van Ness South Tenants Association, sent a letter today expressing concerns about these issues to Equity Residential. The letter begins:

“I am writing to complain about two broken security doors leading from the underground garage into the apartment building. I have told you about these doors many times in the past. Video taken today of the two broken doors is here and here. In addition, the loading dock door is again wide open – see photos posted on Twitter.”

Read the entire letter in printer-friendly format.

VNSTA sends letter to Equity Residential asking it not to remove information about inspections

The Van Ness South Tenants Association today sent a letter to Josh Luper, Equity Residential building manager for 3003 Van Ness, requesting that he instruct Equity employees not to remove posters informing residents about building-wide inspections of 3003 Van Ness by the DC Department of Buildings.

The letter states that the tenant association posters are important because they provide residents essential information about a very serious electrical problem that has been discovered in recent investigations, which can be life-threatening in certain circumstances. The flyers also tell residents that they must fill out a permission form to have their apartment inspected.

The posters are particularly important because Equity Residential has not made vigorous efforts to inform residents about the inspections. For this reason, the Van Ness South Tenants Association has taken steps to make sure that residents receive information that may be important to their personal safety.

See the letter in print-friendly format at this link.

We ask that you instruct your employees not to remove tenant association flyers of any sort, specifically, those that are designed to alert them to a potential safety hazard and to let them know that they must sign a permission form to get an inspection of their unit. We also ask that you instruct them specifically not to remove information posted by the Department of Buildings.

FOIA request reveals that on average there is one 911 police call per day from 3003 Van Ness

3003 Van Ness has experienced a dramatic surge in 911 calls for police assistance in recent years. For this reason, the tenant association filed a Freedom of Information Act request with the DC Office of Unified Communications, which routs 911 calls to the police, fire department, and other emergency services. The FOIA request asked specifically for just police calls for the first six months of 2023.

The data provided by the FOIA request revealed that there were more than 180 calls for police assistance via 911 that originated from 3003 Van Ness during the first six months of 2023. The calls covered a wide range of issues, including assault, disorderly conduct, auto theft, drugs, burglary and others.

This elevated level of calls to MPD is notable given that the DC Attorney General has considered filing suit against Equity Residential for poor security at 3003 Van Ness under the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Law. In addition, the tenant association has collected extensive evidence of security problems at 3003 Van Ness, publishing a report on security failures and posting many videos showing broken exterior doors at 3003 Van Ness.

The tenant association has asked Equity Residential management many times over more than five years for a full-time security guard at 3003 Van Ness, but the company has refused. After the DC Attorney General pressed Equity Residential for tighter security, it hired a part-time guard.

The number of police calls at 3003 Van Ness is particularly high compared to many buildings, but it is similar to some buildings along Connecticut Avenue, where other tenant associations also have discovered via FOIA that they are experiencing approximately one 911 call to MPD per day. Many of those buildings are operated by Borger Residential Management on behalf of Daro Realty, which also has refused to provide a 24/7 security guard despite the high number of police calls and elevated crime.

"Proactive Inspections" to begin at 3003 Van Ness

The DC Department of Buildings will soon begin inspections of all apartments and common areas of 3003 Van Ness, as part of DOB’s “proactive inspection” program.

The Department of Buildings website explains that buildings are chosen using a special algorithm “to address apartment buildings with an increased likelihood of violations. The algorithm takes into account factors like a building's age and the landlord's history of code violations.”

Residents who do not want their apartment to be inspected can fill out a form at this link on the DOB website.

Equity Residential has shared little information with residents about the pending inspections. For this reason, the tenant association has posted a flyer in common areas to inform all residents.

Toxic hazard discovered at 3003 Van Ness

During the week of August 28, 2023, residents of 3003 Van Ness complained about the smell of gasoline in the G2-level garage and in a stairwell of the West building.

The DC Fire Department investigated and found a leaking drum in the loading dock of 3003 Van Ness. Efforts were made to soak up the leaking substance. The DC Hazmat unit has been notified.

Equity Residential management failed to remediate the spill prior to the long Labor Day weekend, during which the loading dock door was left open to allow fumes to escape the building. Management has not told residents whether the situation poses a fire safety hazard and has not announced its timeline for cleaning up the spill.

Fire department report suggests deliberate gasoline spill at 3003 Van Ness

A report by DC Fire and EMS, obtained via a FOIA by the Van Ness South Tenants Association, suggests that a gasoline leak at 3003 Van Ness on August 20, 2023, may have been deliberate.

The report states that residents of 3003 Van Ness complained about a strong smell of gas in the West building of 3003 Van Ness, which was confirmed by the DC Fire crew on the scene. Firefighters found that the odor seemed to emanate from a room on the penthouse level marked “West Back Machine Room,” “Cooling Tower Access.”

According to the official report:

“There was also a strong odor of gasoline coming from inside the room. Once the cardboard boxes and plywood were removed from behind the door, Engine 28's crew made entry into the room where a gas can was located along with what appeared to be vandalism to some of the room's contents. “

It appears that an individual may have been arrested in connection with this incident, but retrieval of arrest records is pending.

Members of the Van Ness South Tenants Association are particularly concerned about the gasoline incident because in recent months, residents have been plagued with many fire alarms, as many as 2-3 per week. Management has claimed that these alarms likely were pranks. However, the alarms have sounded so often, day and night, that many residents no longer bother to leave their apartments when the alarms go off. If DC Fire had not arrived on the scene on August 20th and discovered the apparent gasoline spill, the results coul d have been catastrophic.

On August 29th, the tenant association sent a letter to Equity Residential expressing residents strong concerns about these issues.

As of August 31st, Equity Residential has sent no communication to residents of 3003 Van Ness about the gasoline incident.

3003 Van Ness is chosen by the Department of Buildings for a "Proactive Inspection"

The DC Department of Buildings has announced that 3003 Van Ness has been chosen for a “Proactive Inspection,” which according to DOB “is designed to promote safety and ensure all rental units in the District of Columbia meet residential property maintenance and building codes.”

The Department of Buildings website explains that buildings are chosen using a special algorithm “to address apartment buildings with an increased likelihood of violations. The algorithm takes into account factors like a building's age and the landlord's history of code violations.”

Equity Residential, the owner and the manager of 3003 Van Ness, has had a high number of violations and has been assessed many fines in recent years. A Freedom of Information Act request by the Van Ness South Tenants Association retrieved 572 pages of code violations and fines, including photos. (The file is too large to upload.)

Some residents of 3003 Van Ness received an email from Equity Residential on Tuesday, August 29th, advising them that they must fill and submit a form giving or denying consent for an apartment inspection by Friday, September 1st, 2023 — the day before the Labor Day weekend. The Van Ness South Tenants Association has requested an extension in order to get additional information about the inspections and to give residents enough time to read the forms, make a decision about whether they want an inspection, and submit the form to the Equity Residential Leasing Office.

The Van Ness South Tenants Association for years has advocated for better maintenance of 3003 Van Ness and has published a report about possible structural problems in the underground garage.

““... to address apartment buildings with an increased likelihood of violations. The algorithm takes into account factors like a building’s age and the landlord’s history of code violations.””

— DC Department of Buildings