VNSTA begins releasing results of its maintenance survey

The Van Ness South Tenants Association today began releasing the results of its recent survey on the maintenance of individual apartments at 3003 Van Ness. More than 100 residents of 3003 Van Ness completed the survey.

The survey was conducted because of the large number of complaints the tenants association had received from tenants, who reported that they were experiencing chronic problems with poor ventilation, plumbing leaks, mold, rodents and other issues that Equity Residential had failed to fix properly. Most respondents did not blame the maintenance staff — many said that they believed that it was Equity corporate policy to devote few resources and staff to maintaining residents’ apartments.

Preliminary review of the survey results found that:

• Many people reported that they currently experience several maintenance problems. Some reported as many as 6 different problems.

• The #1 reported problem was poor ventilation, especially smoke from other apartments. 40% of respondents reported that they currently have a problem with poor ventilation.

• Almost 1/3 of respondents reported that they currently have problems with rodents.

• 1/4 of respondents reported that they currently have problems with mold.

• Almost one in nine respondents report that they currently have no maintenance problems. Of those, only one respondent reported that he has had no maintenance problems at all.

Many respondents wrote several paragraphs or more about the frustrations they have experienced. The tenants association plans to release representative samples of their accounts via Twitter.

VNSTA warns Equity Residential about circumventing Tenants Option to Purchase Act

The Van Ness South Tenants Association today sent a letter to Equity Residential management about the ownership of 3003 Van Ness, stating "the tenants association’s intention to fully consider its legal right to the first opportunity to purchase the property if it is put up for sale."

The letter cites the Tenant Opportunity to Purchase Act (TOPA), which was circumvented when the property effectively changed hands in 2007 and 2013. The letter simply states that current tenants should be able to exert their legal right to consider purchase of the building.

“It is not clear whether residents would choose the purchase the building given the many problems documented in our recent report, ‘Structural Problems, Security Issues and Safety Hazards’ and the dozens of reports we have received about chronic maintenance issues in individual apartments. However, we intend to give residents a chance to fully consider this option before a sale is made to another party.”

The letter points out that the actual current owner of 3003 Van Ness is not Equity Residential but Smith Property Holdings Van Ness LP. Furthermore, the letter states that Smith may be in violation of an agreement it made with the Van Ness South Tenants Association when it purchased 3003 Van Ness:

Smith Property Holdings Van Ness LP appears to be in violation of a legal agreement it made with the Van Ness South Tenants Association as a condition of residents ceding their TOPA rights and enabling Smith to purchase 3003 Van Ness from JMB/Van Ness Associates in 1996. The 13-page memo of understanding guarantees certain conditions, including those pertaining to maintenance, building security, key control, building access, repair of roof leaks, elevators and broken doors and locks, hot water, cleanliness, staffing, amenities, laundry facilities, trash, and a “rent-to-own” program. The MOU calls for standards of “cleanliness, orderliness, organization [and] quality,” that “shall in no event be inferior to the standards maintained by owners of comparable properties in comparable locations.” Evidence suggests that Smith may in violation of many of these provisions.

The letter also states that the tenants association likely would oppose any effort to sell the property so investors can redevelop it and remove it from the DC rent stabilization program.

Read the entire letter

DC requires full expert analysis of problems outlined in VNSTA report

Several weeks after the Jan. 5th release of the VNSTA report titled, “Structural Problems, Security Issues and Safety Hazards” and after the tenants association pushed hard for an expert analysis of the widespread leaks in the garage and other issues, Equity Residential wrote a letter to the tenants association stating that it would make progress and it had planned to do so anyway.

While this doesn’t completely ring true because residents had complained above some of the problems — for example, broken doors and locks — for a long time, we appreciate any constructive steps that Equity makes toward fixing some of the serious problems outlined in the report.

On Jan. 31, VNSTA was able to find out that DCRA would require some of the strong measures that the tenants association had demanded. For example, it has required the following reports by Equity Residential:

• An expert report on the causes of the large leaks in the underground garages, including plumbing and waterproofing

• Analysis by a certified structural engineer of possible damage to columns, beams, and other critical support elements in the garage

• Reports on repairs of all doors and locks

DCRA has required Equity to provide these reports by Feb. 15th.

This is a substantial although tentative victory for the tenants association. We plan to follow up to find out the content of those reports, to see if they fairly analyze the situation or if they are biased toward Equity Residential, and to push for repairs to the more serious damage described in the report.

VNSTA asks Equity Residential to stop construction work without silica dust mitigation

The Van Ness South Tenants Association today sent a letter to 3003 Van Ness building manager Josh Luper, requesting that Equity Residential stop work on the exterior façade until the company can implement procedures to contain potentially hazardous silica dust.

Equity has claimed that its contractor uses dust mitigation techniques such as HEPA vacuum systems and “dustless shrouds,” but there is no evidence that such equipment is being used. Meanwhile, fine dust billows from the construction site.

In 2013, Equity Residential was fined by the DC Department of Consumer and Regulatory Affairs for failing to contain silica dust during maintenance work on exterior balconies. The tenants association recorded extensive video of construction work without dust mitigation, which led to the investigation.

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Follow up: The following day, Feb. 27th, 3003 Van Ness Building Manager responded to letter from the tenants association saying claiming that: “mortar removal by saw-cutting will employ hand-held diamond-blade angle grinders attached to dustless shrouds and HEPA vacuum systems which are industry specific for the arrest and collection of fugitive dust.” Moreover, he wrote that:

“We are confident that the facade work at 3003 Van Ness is being performed in accordance with regulations to keep respirable crystalline silica within permissible levels. Our construction team has confirmed that the facade contractor is using appropriate engineering controls and work practices to mitigate dust during brick and mortar removal. We have kept DCRA apprised of this work as well.”

— 3003 Van Ness Building Manager Josh Luper

When Equity Residential did work on the concrete balconies in 2013, dust the fact that dusts was getting into residents’ apartments, the company claimed that it was using all proper cautions to contain dust. However, the DC Department of Consumer and Regulatory Affairs disagreed, forcing Equity to change its procedures in order to capture dust.

To be clear, that work currently being done does not seem to create as much dust as the balcony work in 2013. Nevertheless, the tenants association will continue to watch the situation closely, because silica dust can be carcinogenic and also very annoying if it gets into apartments. Here is some vivid video of mass amounts of dust during the 2013 construction:

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Work on the balconies at 3003 Van Ness continues to generate clouds of dust, even after a settlement with the city to stop create so much construction dust and to use dust mitigation techniques.

Equity Residential threatens to evict VNSTA president Harry Gural

On Thursday, Jan. 20th, a neighbor of VNSTA president Harry Gural found a letter from one of Equity Residential’s attorneys, taped to Gural’s door. The letter, dated Dec. 30th, threatened Gural with eviction for supposed underpayment of rent. Equity Residential claims that he owes $30,979 in overdue rent, despite the fact that he has paid the rent in full.

Although many have assumed that Equity Residential no uses “rent concessions” to circumvent DC rent stabilization laws, this is clearly not true in the case of the tenant association president, who already has paid — in addition to his actual rent — more than $21,000 over five years under a protective order in Landlord and Tenant Court, where in 2016 Equity had filed suit against Gural for refusing to pay an illegal “rent concession” surcharge.

Today, Gural sent a letter to Equity Residential management demanding that the company rescind its threat of eviction and that it stop all such retaliation against him for his work as the president of the Van Ness South Tenants Association.

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Follow up: Soon after VNSTA president Harry Gural sent a letter to Equity Residential demanding that the company revoke the legal threat to evict him, Equity Residential responded by saying that it was it was a mistake.

Gural responded with a second letter demanding that Equity Residential stop retaliating against him for his work as tenant association president. For example, although it appears that Equity generally has stopped using the “rent concession” scam to circumvent DC rent stabilization laws, it continues to use it against Gural, claiming that he owes the company more than $34,000 in overdue rent, even though he has paid his rent in full. He has been forced to pay more than $21,000 under a protective order in the Landlord & Tenant Branch of DC Superior Court — even though he has paid his rent in full.

VNSTA launches maintenance survey

In response to may complaints from residents about serious maintenance problems in their apartments — water leaks, rodents, poor ventilation, mold and other problems — the Van Ness South Tenants Association has posted a maintenance survey for all residents of 3003 Van Ness.

VNSTA plans to compile the survey data and share it with the DC Department of Consumer Affairs and with Equity Residential, so proper steps can be taken to fix current problems in individual apartments and address chronic problems that may be more widespread.

This effort follows the recent report by VNSTA, "Structural Problems, Security Issues and Safety Hazards," which documented extensive maintenance issues in common areas at 3003 Van Ness. The report was covered by the real estate business publication BisNow and by the Forest Hills Connection.

The tenants association urges all residents of 3003 Van Ness to complete the survey, whether they have current problems, experienced problems in the past, or have no problems at all. The goal is to produce a fair, comprehensive report that will help shed light on Equity Residential’s maintenance of individual apartments at 3003 Van Ness.

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

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*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.