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

VNSTA sends letter to Equity management regarding gasoline incident and fire safety

The Van Ness South Tenants Association today sent a letter to Josh Luper, Equity Residential property manager for 3003 Van Ness, regarding a recent incident in which an intruder poured gasoline in a stairwell.

The letter begins:

“I am writing to express our deep concern with fire safety conditions at 3003 Van Ness. 

As you know, for months residents have endured very frequent fire alarms, as many as two or three a week, day and night. These have occurred so often that many residents don’t bother to leave their apartments when the fire alarms go off. 

Equity Residential has sometimes claimed that there was a minor problem e.g., with the boilers. At other times Equity has claimed that someone pulled the alarms as a prank – if this is true, it is concerning that the company hasn’t been able to identify the perpetrator(s) after so many months.

This situation not only is a severe nuisance to residents – dramatically lowering the value of their apartments by the constant disruption – but it also presents a severe safety hazard. The danger is compounded by the fact that the elevators at 3003 Van Ness are frequently out or order, preventing residents, particularly the elderly and disabled, from quickly exiting the building. 

To make matters worse, the tenant association recently learned from the DC Fire Department that the alarm systems at 3003 Van Ness had been disconnected from the call centers that are supposed to relay emergency calls to the DC Fire Department. Residents assume that when alarms sound at 3003 Van Ness, the Fire Department will soon be on its way. However, it turns out that it hasn’t even been called.”

See the entire letter at this link.

Letter to Equity Residential Senior VP Frances Nolan re: fire hazard at 3003 Van Ness

The Van Ness South Tenants Association sent a letter Sunday evening to Equity Residential Senior Vice President Frances Nolan, regarding the spate of fire alarms that have been going off at 3003 Van Ness several times weekly for months.

Fire alarms have gone off so frequently at 3003 Van Ness, both day and night, that many residents don’t leave the building when they go off.

The tenant association and individual residents have complained many times to Equity Residential management about the problem with constant fire alarms and also about the lack of security at 3003 Van Ness.

Equity Residential’s failure to address such problems has caused fury among residents.

VNSTA Appeals DC DHCD's Rejection of FOIA Request for Rents Database

The Van Ness South Tenants Association sent a letter today to the Mayor’s Office of Legal Counsel (MOLC), appealing the decision by the DC Department of Housing and Community Development’s to deny VNSTA’s FOIA of the long-awaited, legally mandated rents database.

It appears that the database being prepared for release does not include historical data, meaning that it would be practically useless as a tool for researching rents prior to the publication of the database. This would prevent DC residents from investigating past efforts by some rental housing providers to overcharge residents by circumventing the city’s rent stabilization laws, which limit annual rent increases to 2% plus a measure of inflation (inflation only for those aged 62 or older.)

Moreover, the letter from VNSTA to MOLC argues that past efforts by DHCD to make some rental housing data online have been substantially flawed and not an operational database.

For these reason, VNSTA requests that MOLC overturn DHCD’s decision to withhold the data requested via FOIA, so that the database in progress can be reviewed before it is released later this year.

DC Department of Housing and Community Development Rejects VNSTA’s FOIA

Today, the DC Department of Housing and Community Development rejected a Freedom of Information Act request by the Van Ness South Tenants Association.

The request submitted by VNSTA states:

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. (Date Range for Record Search: From 01/01/2023 To 07/25/2023)

The reason for the request is approximately eight years have passed since the DC Council approved legislation mandating a user-friendly, public database of rents. Such a database would enable DC residents to search for information about rents in various apartment buildings.

Reports have indicated that the database, which is slated to be released this fall, does not contain historical data — i.e., it currently is not a useful research tool. If true, this also means that DC renters, policymakers and the press cannot investigate systematic overcharging by some companies in the rental housing industry. While some residents, like those of 3003 Van Ness who were harmed, have received restitution for overcharges, thousands of other DC renters may not know that they were overcharged.