Problems with non-residents sleeping in common areas continue

Residents of 3003 Van Ness continue to report that apparent non-residents intermittently sleep in common areas of the building. A woman today found a man sleeping in a stairwell. She reported the incident in an email to Equity Residential building management, asking what Equity is doing to address the situation:

“What I would very much like to know is that the management is taking meaningful action to ensure the safety and security of the residents of 3003 Van Ness.”

Exterior security doors are frequently broken at 3003 Van Ness, allowing easy access to the building. The tenant association has provided video of broken doors many times to Equity management, but the problems persist. The tenant association also has repeatedly called on Equity Residential to hire a full-time, experienced security guard. The $27 billion Equity corporation refuses to do so, citing the cost.

In the past several years, 911 calls from residents of 3003 Van Ness to the DC police have massively increased to approximately one call per day, with little effort by Equity Residential to increase security.

Washington Post investigation finds rat infestation at an Equity Residential building in Dupont Circle

An investigation by The Washington Post recently found that residents of the upscale apartment building the Flats at Dupont, located in Dupont Circle. The building, like 3003 Van Ness, is owned and managed by Equity Residential.

Residents of 3003 Van Ness also have complained for many months about mice and rats at 3003 Van Ness, claiming that Equity Residential has failed to fix the problem, both in apartments and in some common areas, particularly the storage room.

The Post writes about the Flats at Dupont:

“One woman says she goes to bed armed with a stick in case a rat creeps too close in the dark. Another says she goes to the bathroom with an empty water bottle to throw at rats. Others say they have come back from vacation to find their floors covered in rodent feces.”

“Dozens of residents argue that management has ignored their pleas for help and requests for rent relief. Breaking a long-term lease with Equity is costly, leaving some feeling stuck. When their emails go unanswered, residents feel that management is minimizing the issue or making it appear that a problem has already been solved, they said.”

The Washington Post investigation raises questions about whether Equity Residential’s failure to deal with rodent infestations is an isolated issue, or if it has decided that remediation is not part of its corporate strategy.

Some former residents of 3003 Van Ness have said that they moved out of the building specifically because Equity did not fix chronic rodent problems in their units.

The DC Department of Buildings is currently conducting a full-building inspection of 3003 Van Ness, which has turned up many dozens of housing code violations, with fines of $1,218 or $2,436 per offense. DC DOB records show that Equity Residential has been fined more than $1.2 million for violations at 3003 Van Ness in recent years. It is not clear whether these fines have been paid.

Tenant organizations including 86 members ask DHCD to redesign a misleading rent increase form

Representatives of 12 tenant associations and organizations today sent a letter to Colleen Green, Director of the DC Department of Housing and Community Development, requesting that the agency redesign a misleading form for announcing rent increases to renters. The letter was sign by 86 tenant leaders and tenant association members in Washington, D.C.

Specifically, the letter states:

“The form, RAD Form 8, is sent by rental housing management companies to tenants, announcing annual rent increases. However, the DHCD letterhead and logo make it appear that DHCD is the sender. This gives recipients the impression that the amounts recorded in the fields are issued by the DC government, erroneously implying that they are obligatory.”

DC renters are often confused by the form, which appears to come from the DC Department of Housing and Community Development, but instead is sent by rental property owners or managers. The form misleading states that a certain increase “will” be imposed beginning on a certain date, making it appear the DC laws make such increases automatic.

In fact, DC law sets a limit on the percentage that a landlord can raise the rent annual in a rent-stabilized building, but renters may negotiate a lower increase — or no increase at all. Moreover, according to the law, landlords cannot raise the rent if conditions in the unit or the building substantially violate the DC housing code.

If renters have been systematically misled into believing that rent increases are automatic when they are not, it could substantially contribute to the rising cost of housing in the District of Columbia.

The signatories close the letter requesting that DHCD hire an expert outside consultant to redesign the form, and that they be included in the redesign process.

Signatories of the letter include leaders and members of these organizations:

  • Van Ness South Tenants Association

  • Brandywine Tenant Association

  • Sedgwick Gardens Tenant Association

  • Connecticut House Tenants Association

  • Kenmore Residents Association

  • Kennedy Warren Residents Association

  • 4000 Mass Ave Tenants Association

  • Parkwest Tenant Association

  • 3220 Parkway Tenants Association

  • 1600 16th Street NW Tenants Association

  • Rittenhouse Tenants Association

  • DC Tenants’ Advocacy Coalition (TENAC)

Read the entire letter in printer-friendly PDF format.

Tenant association president calls for triple penalties in "rent concession" case

Harry Gural, president of the Van Ness South Tenants Association, filed his 41-page closing arguments along with 81 pages of exhibits in his eight-year legal battle against Equity Residential for overcharging him using its “rent concession” scam. Gural is requesting that the court force Equity Residential to pay him more than $150,000 penalties — three times the amount that Equity has overcharged him over this period — as required by law when the landlord overcharges a tenant in bad faith.

In response, Equity Residential filed its final arguments, restating its claim that before recent related court decisions it did not know the meaning of the word “rent.”

DC law states that in older buildings that are subject to rent stabilization, property owners may raise the rent annually by a maximum of 2% plus inflation. In order to circumvent the law, Equity Residential wrote leases with “rent” amounts that far exceeded the actual rent paid, claiming that the “rent charged” could be $1,000 or more per month higher than the rent that is actually charged.

Equity Residential had invented a new definition of the word “rent” — one that was neither in a standard English dictionary in in DC law.

Using its own definition of the word “rent” and the words “rent charged,” Equity Residential in 2016 demanded that Gural pay a rent increase of 20% ($297 per month) instead of the 3.5% ($65) allowed by law.

As president of the tenant association, Gural contacted the office of DC Attorney General Karl Racine in 2016, requesting help for other tenants who complained that Equity Residential had demanded that they pay rent increases of $1,000 or more per month. In 2022, a judge in DC Superior Court handed down a $2 million judgment against Equity Residential for deceiving and overcharging its customers at 3003 Van Ness.

However, the judgment affected only residents of 3003 Van Ness, despite the fact that Equity Residential appears to have used the same rent scam in its other six rent-stabilized properties.

Gural’s case against Equity Residential is distinct from the Attorney General’s case — he had filed the complaint before the Attorney General decided to sue Equity Residential on behalf of the residents of 3003 Van Ness.

In 2020, Gural won the main part of his case on appeal to the Rental Housing Commission (RHC), which issued a strong decision in his favor confirming that the word “rent” in DC law has its plain English meaning, i.e., the amount a person pays for the right to occupy a rental unit. The RHC sent the case back down to the Office of Administrative Hearings for a final decision on related issues, including Gural’s claim that Equity had retaliated against him for his work assisting other tenants.

Nevertheless, eight years after Gural filed his initial complaint, Equity Residential continues to claim that it could not possibly have known the meaning of the word “rent” before the 2020 RHC decision and a related case, Gabriel Fineman v. Smith Property Holdings, or before it lost the Attorney General’s case against it, District of Columbia v. Equity Residential.

While Gural’s tenant petition in the Office of Administrative Hearings against Equity Residential has been litigated over eight years, Equity Residential’s lawsuit against Gural in DC Superior Court over the same issues has been on hold. However, Equity convinced the court in 2016 to force Gural to pay $297 per month into escrow to protect the company’s interests — Gural has now paid $29,474 to date. Moreover, Equity claims that Gural owes the company more than $50,000.

The law calls for restitution to the tenant of three times the amount of the overcharge in the case of bad faith. Gural has asked the court for triple the overcharges — more than $150,000 — because Equity has continued to overcharge Gural despite several court decisions finding that it’s novel definition of the word “rent” is wrong.

In response to Equity Residential’s closing arguments, Gural submitted his final rebuttal — a short overview of the case that points out that Equity continues to object to the simple definition of the English word “rent” and the phrase “rent charged,” despite the fact that the Rental Housing Commission has ruled against Equity’s claim that a radically different definition could apply. In response to Gural’s final rebuttal, Equity filed its own rebuttal — again claiming a novel definition of the word “rent.”

Both parties await a final decision by the Chief Justice of the Office of Administrative Hearings.

VNSTA again asks Equity Residential to fix the fire alarms and address fire safety issues

Residents of 3003 Van Ness have for a long time endured frequent fire alarms at 3003 Van Ness — mostly false alarms. The alarms have gone off both day and night, sometimes several times a week. While the situation has improved somewhat in recent months, a serious problem persists.

Last night, beginning at about 12:30 am, the fire alarms sounded constantly and then intermittently until after 3:00 am. There apparently was no Equity Residential employee on site at the 625-unit building to provide information to residents.

Because of the chronic fire safety issues at 3003 Van Ness, the tenant association sent a letter today to new General Manager Dan Burkes, asking him to take action to improve the situation. The letter was cc’ed to Equity Residential Senior Vice President Frances Nolan and to Equity Residential Senior Regional Manager Stacey Aguiar.

VNSTA requests better maintenance of laundry rooms

The Van Ness South Tenants Association today sent a letter and report to Equity Residential general manager Dan Burkes about the conditions of the laundry rooms at 3003 Van Ness. The report, which focuses on the west building, documented numerous problems.

The letter states:

“In recent years, Equity Residential has made little effort to adequately maintain the laundry rooms and has taken no responsibility for the washing machines and dryers, which are owned by an outside vendor. As a result, the machines are frequently in disrepair, and the laundry rooms often have dirty floors, lint, construction debris, frequent leaks and standing water, as well as large holes in the plaster walls. Some of the machines are not properly anchored to the floors, and the dryer vents are not properly connected to the exhaust shafts in the walls.”

Read the entire letter in printer-friendly format.

VNSTA responds to Equity email regarding issues with electrical work

The Van Ness South Tenants Association continued to advocate for an improved process for replacing non-GFCI electrical outlets at 3003 Van Ness, sending a letter to new Equity Residential General Manager for 3003 Van Ness, Dan Burkes. The letter, which follows a previous letter to Equity Residential Senior Vice President Frances Nolan, asks for clarification regarding electrical licenses, procedures for entering apartments, and for cleaning after electrical work is completed.

An excerpt from the letter appears below. Read the entire letter in printer-friendly format.

“It also is helpful to hear you say that Equity Residential is committed to providing quality service and that you will instruct the vendors to wipe down areas regarding the electrical sockets when they finish installing the new GFCI outlets. However, this may not be enough to solve the problems – they may have to either use larger faceplates or sand the area around the outlets. Also, will you instruct the workers to go back and clean around the outlets in the apartment in which the electrical work already has been completed? Or will the “quality service” only apply to electrical work in the future?”

VNSTA sends letter to Equity VP Frances Nolan re shoddy electrical work

The Van Ness South Tenants Association today sent a letter to Equity Residential Senior Vice President Frances Nolan, requesting that she take steps to improve sloppy electrical work at 3003 Van Ness and that she states whether or not the workers replacing electrical outlets are licensed electricians.

See an example of the work below, followed by the letter to Senior VP Frances Nolan. Residents report that almost all outlets that are being replaced are left in this condition.

Dear Ms. Nolan,

I am writing regarding Equity Residential’s slow and sloppy effort to replace electrical outlets in the kitchens and bathrooms of apartments at 3003 Van Ness in Washington, D.C.

As you know, the DC Department of Buildings discovered in a building-wide inspection of the property that most units lacked Ground Fault Interrupter Circuit (GFCI) outlets, that are required by the housing code and that are necessary for preventing possible electric shock or electrocution. This serious safety issue was discovered last September; however, Equity’s efforts to replace the old outlets have been glacially slow and still are not complete.

In addition, the people Equity has hired to do the work have done sloppy job, leaving a dark outline of dirt around the outlets (see attached photo), leaving bits of wire and other materials nearby, and moving residents’ personal items without putting them back. Moreover, the workers, who appear to be third-party contractors, have been entering residents’ apartments without being accompanied by Equity Residential employees.

The slow pace and sloppiness of the job raises questions about Equity’s commitment to its customers. It is hard to believe that corporate executives would be proud of the work displayed in the attached photo. This is not an isolated example – this photo is representative of most units.

The shoddy work also raises questions about the qualifications of the workers. Are they licensed electricians?

We request that take steps to clean up the mess around the outlets as shown in the attached photo, and that you make sure that the contractors have the necessary qualifications to do electrical work.

Sincerely yours,

Harry Gural

President, Van Ness South Tenants Association


Read the letter in printer-friendly format

VNSTA sends letter to Equity Senior Vice President regarding broken security doors

Residents of 3003 Van Ness have continued to share their concern with poor security at 3003 Van Ness, particularly the almost constantly broken security doors that allow easy access to the building without a fob. For this reason, we sent a letter today to Frances Nolan, Equity Residential Senior Vice President, asking again that she take steps to repair the malfunctioning doors and to keep them in working order.



April 4, 2024

 

Ms. Frances Nolan
Senior Vice President
Equity Residential Corporation
Two North Riverside Plaza, Suite 400
Chicago, IL 60606

Dear Ms. Nolan,

I am writing to ask you to please repair all of the malfunctioning security doors at Equity Residential’s apartment building at 3003 Van Ness Street in Washington, DC.

As you know, we have had many security issues in the building – some so serious that the DC Attorney General has pressured Equity Residential under the Drug-, Firearm-, or Prostitution-Related Nuisance Abatement Law. Nevertheless, Equity continues to show little concern for the safety of its residents, with security doors frequently broken so that it is easy to enter the building with a fob.

We have reported this problem to Equity Residential many times in the past – a few of our previous letters are attached. The problem has become so bad that for more than a year we have recorded videos of the broken doors, hoping this evidence would convince the company that it needed to take action. There are now dozens of videos posted on YouTube and on Twitter/X, providing extensive evidence of Equity Residential’s failure to provide this most basic level of security to its customers.

We will continue to record evidence of the extremely lax security at 3003 Van Ness until Equity Residential takes steps to correct it. We request that you immediately repair all of malfunctioning security doors and make sure that they remain in good working order at all times.

Sincerely yours,

Harry Gural
President, Van Ness South Tenants Association

Cc: Stacey Aguiar, Vice President of Property Management, Equity Residential
Josh Luper, Washington Area Manager, Equity Residential

Read the letter in printer-friendly PDF format

Results of the secondhand smoke survey

Last May, the Van Ness South Tenants Association posted an online survey on secondhand smoke. The survey was created as a result of complaints from residents of 3003 Van Ness, which is advertised as a non-smoking building.

A recent story in The Washington Post, Apartment dwellers plagued by secondhand smoke have little recourse,” brought increased public attention to this issue. The article focuses on the Parkwest apartment building in Woodley Park, but it could apply to any of the many multi-family apartment buildings in the city.

The Washington Post story, which focuses on just one resident of one apartment building, might (unintentionally) lead a reader to believe that the problem of secondhand smoke is isolated. However, our survey of 104 respondents from more than a dozen buildings, suggests that the problem is much more widespread.

A much larger, professional survey is needed to draw definitive conclusions. In the meantime, we think that our simple online survey can provide some insight into how secondhand smoke affects residents of apartment buildings in Washington, D.C.


RESULTS OF THE SECONDHAND SMOKE SURVEY

  • Number of respondents: 104

  • Number of respondents living in apartment buildings: 90

  • Number of respondents living in condo or coop buildings: 14

  • Percentage of respondents living in buildings advertised as nonsmoking: 61%

How serious is the problem of secondhand smoke in your building?

  • Not a problem: 9%

  • A minor problem: 17%

  • A somewhat serious problem: 40%

  • A very serious problem: 34%

Do you experience secondhand smoke in your unit?

  • Yes: 93%

Is secondhand marijuana smoke a problem in your unit?

  • Yes: 71%



HEALTH AFFECTS

Is secondhand smoke physically irritating to you?

  • Yes: 69%

Does secondhand smoke aggravate a medical condition?

  • Yes: 35%

Does secondhand smoke hurt your ability to work at home?

  • Yes: 36%

Does secondhand marijuana smoke in your apartment make you feel dizzy or high?

  • Yes: 29%


TAKING ACTION

Have you considered moving because of secondhand smoke?

  • Yes: 38%

Have you complained to building management about secondhand smoke?

  • Yes: 46%

Have you complained to city authorities about secondhand smoke?

  • Yes: 11%


POLICY POSITIONS

  • Percentage who support a ban on smoking in all multifamily buildings: 61%

  • Percentage who support a ban on smoking only in buildings advertised as nonsmoking: 26%

  • Percentage who say that companies that advertising their buildings as non-smoking must enforce that policy: 83%

comments FROM RESPONDENTS

“I live in a non-smoking building. If secondhand smoke is poisonous then why isn't this taken more seriously? Why aren't the people breaking their lease punished why do the people who want to live safely in quiet enjoyment suffer and nothing is done?”

“The hallways smell like cigarette smoke when residents smoke inside their apts.”

“I have been complaining for years to management and they have done nothing!”

“I can’t sleep because of people constantly smoking on my floor. I don’t care if people smoke because that’s their lifestyle choice but it’s getting into my unit and that’s not fair.”

“I have complained various times to management about the secondhand smoke that comes into my apartment. It’s difficult to work at home, the smoke is irritating when it comes into my apartment and even when the windows are closed, I still smell smoke! Enough is enough.”

“Secondhand smoke sucks for those of us who do not smoke. It causes us serious health effects.”

“I am allergic to marijuana and secondhand smoke makes me incredibly dizzy and prevents me from sleeping and sometimes forces me to evacuate my apartment at inopportune times. I've noticed it is more frequently abused in the winter.”

“I have epilepsy. I cannot risk exposure to marijuana smoke as it can induce my seizures. Suddenly I’m smelling it when I open balcony door or windows This is intolerable. There is no way to control it aside from a total ban here.”

“We smell marijuana almost every night in our apt living room and kitchen. We smell it also in the stairwell and outside when we are on our balcony. We smell cigarette smoke when we pass one apartment on our floor. All this smoke is irritating to my lungs which are already damaged by everyday exposure to secondhand smoke at my workplace several decades ago. And then there is the possibility of lung cancer! I have never smoked.”

“Sometimes residents also smell hard drugs in the hallways. Not many residents who live near me seem to smoke, so I think many others in my building are having a much harder time with this than I am. But I occasionally smell cigarette smoke coming into my unit from a source I can't identify. Other times there's a strong smell of marijuana in the elevator. Other times, some residents smoke outside, but not at the required 25 feet from the building. Management knows who many of those smoking in the building are but does not seem to do anything.”

“It is not only cigarette and weed, but exposure to K2, crack cocaine, cocaine, PCP, anything they roll in the cigarette. I have been high without taking any drug.”

“My landlord does not enforce its non-smoking rules.”

“We have had to buy air purifiers and smoke odor eliminating candles to deal with the smoke coming into our apartment. We have brought up the issue with building management and we know neighbors have as well. The problem might go away for a week but then it comes right back. There seems to be no real enforcement of the policy.”

“I have asthma and the marijuana smoke throughout the building really bothers me!”

“The cigarette smoke there was so bad that we couldn't open our windows during the height of the pandemic, because a person below us was constantly smoking on their patio, and we had to paper over our kitchen vent.”

"This is an environmental justice issue that lawmakers willingly overlook as they think people have the right to smoke (they do not per the Supreme Court) and that this non-existent right supersedes the health of the majority, with children the most harmed due to development (smaller lungs, brains, etc.)”

“I have been complaining about this for years just this year alone I have been begging every single week for management to stop the smoker on my floor - all I ever get is excuses and nothing concrete is done. The elevators and basement frequently reek of pot or cigarettes smoking has to be banned in residential buildings.”

“I worked with on the National Tobacco Settlement with the National Association of Attorneys General (NAAG) and am well-informed on the dangers of secondhand smoke as a result. It is baffling that nearly 20 years later, everyone is protected from the dangers of smoking in DC except those who live or work in multifamily buildings or public housing. HUD banned smoking in public housing years ago in an effort to protect children and those who suffer from health issues. So, unless one can afford $1M+ detached single-family home, lives in public housing or lives in a building where it is banned and enforced (rare), everyone in between is subject to the dangerous toxins that others choose to use.”

"I occasionally smell marijuana smoke in the hallways.”

“My mother was visiting this past weekend and we noticed secondhand smoke on several occasions, most notably in the hallways and the elevator (which was terrible because we were trapped and the odor was strong)”

“Some individual tenants in our building have complained to management and the tenants association of particularly bad smoke from neighbors. It is usually when the smoking is outside on an adjacent balcony and is usually marijuana.”

“Our property management does not take seriously the policy of a non-smoking building. Residents continue to smoke (cigarettes and marijuana) in their units, in the corridors and outside the main/rear entrances with no warnings from management. We became a non-smoking building in January 2020 and the policy is not enforced. Management doesn't care.”

“It took weeks and weeks of us complaining while my wife was pregnant before our building management finally stopped it.”

“Mine is a prewar building with very porous apartments, so infiltration into units is a big problem.”

“We continually smell marijuana smoke from our balcony.”

"A designated outside smoking area is underneath my bedroom and bathroom windows. The smoke drifts into those areas with or without open windows.”

“Several years ago, my neighbor was a heavy smoker and the smell intruded into my apartment. Fortunately, he left and I have not experienced the problem since, but I know that this depends on whoever happens to move in near me. I also find that marijuana smoke and cigarette smoke is pulled in from outside -- smokers on the public sidewalk, which a property-wide ban would not help.”


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