VNSTA Shares a Kind Note from a Member Who is Moving

One active member of the Van Ness South Tenants Association recently announced that he has decided to move out of 3003 Van Ness and buy a condo. He sent this nice note to the VNSTA listserv and members of the tenant association.

It has been an absolute pleasure being a part of the Van Ness South Tenants Association. This group is comprised of some of the most caring and thoughtful individuals any community could ask for.

Collectively, we all worked towards promoting and protecting our community from our absentee landlord and demanded more than just the minimum from management.

VNSTA president files legal motion to interview Equity senior employees under oath

Harry Gural, president of the Van Ness South Tenants Association, today filed a legal brief with the DC Office of Administrative Hearings, requesting the right to question senior Equity employees and other staff under oath, otherwise known as conducting depositions. The brief also requested the right to compel Equity Residential to provide documents pertaining to its efforts to illegally raise Gural’s rent using so-called “rent concessions,” a method that Equity has used to circumvent the rent stabilization provisions of DC law.

Today’s filing is part of a seven-year battle with Equity Residential and its subsidiary, Smith Property Holdings Van Ness LP, which began when the tenant association received dozens of complaints from residents of 3003 Van Ness that Equity Residential was demanding rent increases that far exceeded what are permissible under rent stabilization (a maximum of inflation plus 2% annually for renters under age 62).

Residents reported that Equity was demanding rent increases of several hundred dollars per month up to more than $1,500 per month, by falsely claiming that the current rent charged was far above the amount actually paid. Gural reported this practice to the office of former Attorney General Karl Racine, which filed suit against Equity Residential, winning $1 million in restitution for residents who were overcharged plus legal fees.

After losing two seminal cases in court, including an appeal by Gural to the Rental Housing Commission, and after the passage of a law clarifying that the words “rent charged” in DC rental housing law mean “the rent that is actually charged,” Equity Residential appears to have ceased using the “rent concession” scam — except in the case of VNSTA president Harry Gural. Gural argues that this is a clear act of retaliation against him for his advocacy on behalf of tenants, and his successful effort to put an end to the rent concession scam citywide.

Equity Residential has overcharged Gural by almost $50,000, of which he has been forced to pay almost $25,000 over seven years, in addition to his monthly rent.

Gural plans to seek damages from Equity Residential and its subsidiary, Smith Property Holdings Van Ness LP. DC law calls for damages up to triple the overcharges, and also calls for $5,000 for each act of retaliation against a member of a tenant association. In addition, Gural seeks compensation for the more than 1,000 hours he has spent working on his case and on related tasks that have occupied much of his time over the past seven years.

In addition, he seeks punitive damages on behalf of Equity customers who were overcharged via the “rent concession” scam, including other residents of 3003 Van Ness and of several other Equity Residential / Smith Property Holdings apartment buildings in DC.

Email to Equity Residential re: no security guard at broken garage doors

From: Harry Gural
Date: Mon, Jun 26, 2023 at 10:38 AM
Subject: Security risk -- Garage doors widen open with no security guard
To: Joshua Luper
Cc: Stacey Aguiar

Josh,

Given all the security problems we have had at 3003 Van Ness, and given that the DC Attorney General has threatened to file suit against Equity Residential under the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Law, residents were upset to find out that Equity hasn't posted 24/7 security at the wide-open garage doors. Doors from the garage to the main buildings are almost always broken or the locks jammed, so the lack of a guard at the garage doors not only gives intruders access to hundreds of residents' cars, but also easy access to the interior of the buildings.

While we understand that the doors are broken (again), it is Equity's responsibility to secure the building. Residents are paying over $2,000 to live at 3003 Van Ness, so they have a reasonable right to expect that Equity will make reasonable efforts to make sure that if exterior doors are broken, that Equity will post a 24/7 guard. As a $24 billion company, Equity Residential surely can afford to do this much to assure its customers of a safe living environment.

Equity Residential has had very serious security problems at 3003 Van Ness, and so it must take reasonable steps to secure the property. We request that you take immediate steps to post a 24/7 guard at the entrance to the underground garages until those doors can be repaired.

Harry Gural
President
Van Ness South Tenants Association

Letter to Equity Residential regarding the switch to air conditioning

VNSTA president Harry Gural today sent a letter to building manager Josh Luper, requesting that he plan carefully for the conversion of the 3003 Van Ness from heat to air conditioning for the summer season.

Dear Josh,

I am writing to request that Equity Residential take into consideration weather conditions when planning for the conversion from heat to air conditioning at 3003 Van Ness.

As you know, some periods in March and April were miserable for residents due to unseasonably high temperatures. We understand that DC law requires landlords to be able to provide heat through May 1st, which delays the switch to air conditioning in buildings with two-pipe heating systems.

However, you can plan to make the switch to air conditioning as soon after May 1st as weather conditions warrant. We request that you keep an eye on the long-term forecast so you can begin the change from heat to air conditioning so that the AC is fully functional before temperatures rise and apartments became unbearably hot.

We will appreciate your attention to detail regarding this important issue.

Sincerely yours,

Harry Gural

President, Van Ness South Tenants Association

Read the letter in print-friendly format.

Despite a history of security problems, another exterior door is left unlocked

Today the Van Ness South Tenants Association sent a letter to Josh Luper, Building Manager of 3003 Van Ness for Equity Residential, calling for increased security after another exterior door to the building was found unlocked this weekend.

March 6, 2023

 Mr. Josh Luper
Equity Residential Corporation
3003 Van Ness Street, NW
Washington, DC 20008

 Dear Josh,

 I am writing again about chronic problems with exterior security doors at 3003 Van Ness. These problems are particularly concerning given the history of poor security at the property.

 Last Friday, March 3rd, I checked an exterior door that leads from the lower courtyard to the underground garage. This is the same door that I had reported as being unlocked several weeks ago. Again, the door was unlocked, providing easy access to the garage. Here is video showing demonstrating how easy it is to enter the building.

 Read the entire letter in printer-friendly form.

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Tenant association emails Equity re: seven broken security doors at 3003 Van Ness

The Van Ness South Tenants Association today sent Josh Luper, building manager for Equity Residential of 3003 Van Ness, the following email about seven broken or malfunctioning security doors at 3003 Van Ness.

VNSTA has warned Equity many times about broken security doors, which provide easy access to the property without keys or fobs. It also has repeatedly requested that Equity hire an experienced, 24/7 security guard to patrol the building. Nevertheless, Equity management has failed to keep the doors and locks properly functioning — for this reason, we have posted video of the malfunctioning doors to Twitter.

Residents can help pressure Equity Residential to provide adequate security by helping to document such obvious security lapses. Residents may take video of the problems that, like the video recently posted to Twitter, demonstrates the problem accurately and convincingly.

Such evidence will be verified, posted online if necessary, shared with the property authorities, and archived as evidence if the lack of adequate security at 3003 Van Ness leads to a situation that requires legal remedy.

See today’s email below:

Josh,

Members of the tenant association did an informal inspection of security doors at 3003 Van Ness this weekend, and we found that seven security doors providing entrance to the building could be opened without a key or fob, including three doors that provide direct access from outside to the buildings and four that provide access from the garages to the buildings.

We have reported such incidents many times, and although in the past it appears that Equity has made some belated attempt at repairs, the repairs are insufficient or the problems are recurring. For this reason, we have taken video of all seven broken doors and we have posted them on Twitter:

@vnsta3003 / Twitter

We note that in two cases the locking mechanisms were blocked with duct tape or masking tape. This appears to be a malicious attempt by someone to prevent the doors from locking properly. However, even in this case the situation is Equity's responsibility -- the company should have a security guard roving the premises 24/7, looking for such vulnerabilities, and calling for repair. In two cases here, it would have been sufficient to pull the tape off the locking mechanisms.

We note that in several instances, the doors and locks that were tampered with are directly below security cameras. While we know that in the past many of these cameras were inoperable, it is our understanding that they should have been repaired or replaced. In this case, if Equity's security camera system is functioning properly, video of the perpetrator should exist in recently archived video. If so, such video footage should be shared with the Metropolitan District Police. If such video does not exist, it would be evidence for the DC Attorney General that Equity Residential continues to not take seriously the mandate to tighten security.

As you know, the DC Attorney General has threatened Equity Residential under the Drug-, Firearm- or Prostitution-related Nuisance Abatement Law. This should have been a strong signal to Equity Residential that it must take reasonable steps to secure the property. However, our finding this weekend that seven doors that provide access to the building were broken or malfunctioning demonstrates that Equity isn't taking its responsibility seriously.

We strongly request that you repair all these doors immediately, check security camera footage to find out who taped open two of the doors, and report the incidents to the police. Moreover, we reiterate our repeated request for the $24 billion Equity Residential corporation to spend a little of its huge profits to hire a 24/7 experienced security guard at 3003 Van Ness so the company can provide adequate security to its customers.

Harry Gural

President, Van Ness South Tenants Association

VNSTA sends second letter to Equity about fluctuating water temperatures

The Van Ness South Tenants Association today sent a second letter to building manager Josh Luper, inquiring against about residents’ complaints about water fluctuating between hot and cold.

In response to the tenant association’s first letter, Equity responded saying that the problems likely were localized to certain apartments. However, since then, repairs have been attempted in some apartments, but problems persist. In addition, residents note that complaints seem to come almost exclusively from apartments in the West building.

Read the new letter in printer-friendly format at this link.

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EQUITY’S RESPONSE

On Dec. 19th, two weeks after we sent our first letter to Equity Residential complaining about fluctuating hot and cold water in the West building, we received this reponse.

Dear Valued Resident,

We have had a number of residents inform us of hot water fluctuations in the West building over the past couple of weeks. During these reports we checked our building systems and at that time determined that these issues may have been from what we thought to be failed diverters in those apartments. Since these reports have continued our team has since completed an additional exhaustive inspection of all our complete building system. During this inspection we were able to find a pump that was in need to be rebuilt. While this pump was running we believe it to be the cause of the infrequent water changes. If you have previously reported this issue please monitor your hot water and let us know if you experience any more fluctuations.

As always, we appreciate your patience and understanding while we work to resolve this issue.

VNSTA Newsletter - Dec. 10, 2022

PACKAGE DELIVERY

Many residents have complained about problems with package delivery -- for example, not receiving notifications or packages getting lost. We realize that there is a high volume of packages during the holidays, but it seems that Equity Residential doesn't have enough employees at the front desk to handle it.

The tenant association wrote a letter to building manager Josh Luper, asking for improvements in package handling. The letter includes quotes from residents about the problems they have experienced. Thanks to all who shared their thoughts.

DEALING WITH PROBLEMS IN YOUR APARTMENT

Some residents have complained to the tenant association about problems in their apartments like rodents, water leaks, mold, etc. Recently, a number also have complained about fluctuating water temperature.

We wrote a letter to building manager Josh Luper about the water issues.  Josh responded with an email claiming that such problems likely weren't systemic, but the result of local problems within the apartment plumbing. He suggests that residents submit a maintenance request.

This gets to the heart of the issue -- how to get service when you have a problem. We suggest that as a first step you file an official maintenance request via Equity Residential's MyEquityApartments portal. Be sure to note the time and data of your maintenance request. Do not simply call the front desk.

Often, this will solve the issue -- the individual maintenance people are competent. However, the team is understaffed so you may not get adequate service. Also, Equity has failed to do adequate overall maintenance of the building, so some problems have gotten worse over time.

Therefore, if submitting a maintenance request doesn't work, here is what you should do.

You should submit a request for an inspection to the DC Department of Buildings, the successor to the DC Department of Consumer and Regulatory Affairs. On the home of the DC DOB, there are drop-down menus for submitting a request. Simple choose "Request" in box one and "Housing and Property Maintenance Inspection" in box 2. Then follow the directions. In the past, city inspectors have responded reasonably quickly. Please also alert the tenant association that you have submitted a request an inspection.

Another tip -- take photos of the problem. If the problem isn't solved in Week #1, take photos again in Week #2 and Week #3.

If DOB finds a problem that violates the housing code, it will assess a fine on the landlord, which should force it to fix the problems promptly.

MEMBERSHIP RISING

The number of members of the tenant association continues to rise. This is critically important because if Equity Residential continues with plans to sell the building, we need to have members in more than half the units in the building in order to have a say about the sale. Under the Tenant Option to Purchase Act, the tenant association can purchase the building on behalf of tenants -- giving them the change to either buy their apartments or continue renting them. Or the tenant association can negotiate with another buyer for better services.

Being a member benefits residents in other ways as well. For example, most residents have needed advice at one time or another about their rent, maintenance or security problems etc. Being a member gives you access to free advice.

There is no charge and no obligation to be a member of the tenant association. If you have friends or neighbors in the building who are not members, please encourage them to join. Information about membership is at this link. Interesting residents should fill out the form that is available via the link on that page. 

GETTING NEWS ABOUT 3003

Being a member of the tenant association also gives you ways of getting news about 3003 Van Ness. If you are receiving this email, you already receiving some of the most important news. However, we don't put out these newsletters frequently because the process is very time consuming. For this reason, we put news as it happens on the VNSTA website on our news page at this link.

If you're a Twitter user, you can also follow us at @vnsta3003. 

One great way to get news and information is to join our Google Group or our WhatsApp chat -- available only to members. Those who have filled out a membership form can request the special address to join the WhatsApp chat. 

RESTITUTION FOR THE "RENT CONCESSION" SCAM

We still do not have further information about the "rent concession" scam, by which Equity Residential in the past tricked new residents into signing predatory leases and then attempted to increase their rent the following year more than the law allows. We will let you know when we hear more from the Attorney General's office. 

BUILDING SECURITY

The DC Attorney General is forcing Equity Residential to tighten security at 3003 Van Ness because of a past record of especially poor security. The VNSTA Security Working group produced a detailed report about security failures last winter, providing extensive evidence. As a result of our advocacy and the Attorney General's pressure, security has improved somewhat -- with the installation of new security cameras, a new fob system, improved exterior lighting, a part-time security guard, and repairs of exterior doors and locks.

However, problems remain - and so we must continue to advocate for better security. For example, the staff at the front desk continues to do a poor job of checking non-residents who enter the building. (This is not entirely their fault -- there isn't enough staff to handle packages and monitor the doors.)

Here is what you can do to help:

1. If you see a problem, like a broken lock, broken lights, or doors that have been left open, take a photo with your camera and send it with a note via email to building manager Josh Luper, cc'ing the tenant association.
    

2. If you see a more serious issue that may be criminal behavior, or if someone else may be at risk (e.g., possible domestic violence), call the DC Metropolitan Police Department via 911. Some residents have been reluctant to call the police in situations that they aren't sure are serious, or they don't call if they think the situation will pass before the police can get on the scene. However, MPD asks us to call anyway so they can investigate -- often giving them the chance to defuse or deter problems. So if you aren't sure, it's always best to call. 

THE DC COUNCIL

Local resident Matt Frumin has won the race to represent our area, Ward 3, on the DC Council. We have a good relationship with Matt, and we look forward to working with him. 

The DC Council recently attempted to pass "emergency" legislation to remove all board members of the DC Housing Authority, replacing them with members chose by the Mayor. We have been working with the presidents of other large tenant associations in our neighborhood on issues related to DCHA, particularly the misuse of housing vouchers as a tool of economic development and by vastly overpaying rents, creating windfall profits for certain landlords. See our letter to DC Council Chairman Phil Mendelson. As a result of an outpouring of criticism from housing advocates, Chairman Mendelson postponed efforts to bring the bill to a vote. 

SMOKING

Some residents have complained about problems with second-hand smoke from other apartments. If the ventilation system is working properly, smoke should not travel from one apartment to another. However, it doesn't always work right, and some apartments are affected by cigarette or marijuana smoke from neighbors. 

Other large apartment buildings also have been dealing with this problem. We don't have a satisfying solution at this point, but we suggest that if you have a problem with second-hand smoke that you make sure to report it to managementin order to leave a paper trail. Be sure to cc the tenant association. If the problem persists, continue to email management periodically, extending the paper trail.

In the meantime, we are talking to city officials and others about how this problem can be addressed.  

ONE VERY EASY THING YOU CAN DO TO HELP

Print out this membership flyer and post it in your laundry room. If someone takes it down, post it again!

We wish everyone the best for the holidays!

Letter to 3003 Van Ness management about problems with packages

The tenant association today sent a letter to the Equity Residential building manager for 3003 Van Ness, requesting better procedures for handling packages over the holidays. The letter includes quotes from more than 10 residents about problems with the receiving packages.

The letter begins:

“I am writing on behalf of the many residents who have complained to the tenant association about problems receiving packages.”

“While we realize that the volume of packages has increased due to the upcoming holiday season, these problems have existed long before the holidays. It appears that Equity hasn’t taken into consideration the volume of packages when considering staffing needs and so the front desk staff is simply overwhelmed.”

Here are some word-for-word comments from residents:

• “I very rarely get notifications (either email or text) anymore for packages. If I go to the front desk after I know a package has been delivered, they are usually very helpful and able to see that there’s a package for me on their end (and even where it’s located).

• “Basically, I haven’t gotten any package delivery notifications from the front desk for a couple months. The only way I know if I have a package is if the place I ordered it from says it’s been delivered.”

• “My wife and I have gotten email/text notifications for most of our packages but not all. Amazon packages have been a big problem for us: it’s usually several hours or a day between when they’re delivered and when we get a notification.”

• “Sometimes they say I don’t have [a package] and I don’t get it till next day though.”

• “I’ve been having a hard time actually getting my packages and they’ve lost one of them recently.”

• “We still get notifications, but small envelopes/boxes disappear all the time.”

• “Very rarely do I receive notifications about picking up packages, and it has been this way since I moved in despite efforts from the leasing office and front desk to fix it.”

• “I receive the package notifications but then staff have trouble always finding the package for days at a time.”

• “We had a bunch delivered when we were traveling for Thanksgiving. Half were not logged despite having been delivered over a week prior and half were logged without an email. It’s been very frustrating.”

• Sometimes having my account reset by the management office will fix this problem, but obviously it’s reoccurring. I’ve been told it’s likely an issue that will require IT.”

• “FedEx hires more people over the holidays to cover volume, it seems they should bring in supplemental staff at least for the holidays and improve process while additional staff are here.”

• “I have problems with packages too. Yesterday I got an email but knew they had at least one more. I went down and there were three packages. On Monday I got an email without a tracking number, and they could not find whatever it was. The extra frustrating thing is they tell us we have to pick up packages in two days but do not always know what is coming.”

• “In general, package notification emails and package registration are both very inconsistent. We have also had several packages mis-labelled with the wrong apartment number.”

Read the entire letter in printer-friendly format.

If the landlord doesn't fix problems, how to get results

Some residents have had trouble getting results for persistent problems in their apartments. We suggest beginning by going through the official channel recommended by the building manager, Equity Residential, by filling out a maintenance request at MyEquityApartment.com. This often will get your problem resolved.

However, the maintenance team is under-staffed and so you may not get adequate or timely service. For this reason, you may have to escalate your complaint by requesting an inspection from the DC Department of Buildings.

The tenant association posted a recent tweet thread that explains how to do it.

• Some residents of #3003VanNess, managed by Equity Residential, have complained about various problems in their apartments. In some cases, management has not adequately addressed those problems. Here is what to do.

• You can ask the new DC Department of Buildings, formerly part of DC Consumer and Regulatory Affairs, for an inspection. If your apartment isn't up to code, @DC_DOB often will assess a fine on the landlord. This gets the landlord's attention.

• Asking for an inspection is easy. Go to the home page of the @DC_DOB. In box #1 (I Need TO) of the home page, choose "Inspection." In box #2, choose "Housing and Property Maintenance Inspection." Hit the button "Request Now." https://dob.dc.gov/

• You should receive a receipt notification from @DC_DOB. I suggest letting your tenant association know that you have asked for an inspection. In many cases, this will lead to resolution of your problem.

• Reporting the problem in this way also can help other residents. The landlord will soon learn that tenants know how to defend themselves and that poor maintenance of apartments may lead to fines. This provides an incentive for the company to treat other residents better.

• Unfortunately, this is sometimes what is necessary to get companies to do the right thing.

This information was brought to you by the Van Ness South Tenants Association. To get more useful information like this, or to get advice about how to make your living situation at 3003 Van Ness better, join the tenant association.