
October 1, 2004
Lakewood
Apartments
San
Francisco, California 94132
Steve
Donohue, President
Western National Property
Management Co.
8 Executive Circle
Irvine, California 92614-6746
Ed
Matthews, President
T&S
Realty, L.L.P.
900
East Hillsdale Blvd.
Foster
City, California 94404
Muir
Partners, L.P.
c/o
Joyce Hameetman
John
Muir Corporation
2029 Century Park E. # 1550
Los Angeles, California 90067
References:
1)
Notice, 8/28/04: Lakewood Apartments to various tenants entitled: "Notice
of Change of Terms of Tenancy"
2.)
Letter, 9/21/04: Lakewood Tenants Association to you re reference #1
3.)
Letter, 9/29/04: Lakewood Apartments to various tenants re reference #2
Dear Ms.
Sexton et al.:
In response to reference #3, delivered to the tenants that signed reference #2, please note the following:
1.) You have stated that you are "...in receipt of a letter dated September 21, 2004 that indicates your receipt
of the Lakewood Apartments' Notice of Change of Terms of Tenancy." Presuming that you are referring to
reference #2 above, your statement is totally inaccurate: the letter states that the tenants were responding to
you on the basis of what they "...have heard you have issued...." No tenant has acknowledged receipt of
anything from Lakewood Apartments by endorsement of reference #2. Because we were unaware as to
whether reference #1 was not-delivered to all units by intention or neglect, we permitted tenants to endorse
reference #2 without regard as to whether they received reference #1 or not. Therefore, you have no basis to
infer from reference #3 that any particular individual tenant received reference #2.
2.) Your legal opinion is wrong. You have no right in San Francisco to force any tenant to accept any
material change in the terms of their lease or rental agreement for the reasons already presented to you in
reference #2. In addition, section 1942.1 of the California Civil Code, which provides that "[a]ny agreement
by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as
contrary to public policy with respect to any condition which renders the premises untenantable...," protects
tenants throughout California from the kinds of changes purported in your reference #1. You have presented
nothing other than hot air that might demonstrate otherwise in spite of the fact that legal authority has been
presented to you in reference #2 (and herein) in support of the tenants' position. The tenants have spoken:
your "Notice of Change of Terms of Tenancy" and the associated "Lease Addendum - Mold Notification"
have been explicitly rejected by certain tenants by reference #3 and notice to that effect has been legally
served upon Lakewood Apartments. Your purported legal notices (reference #1) are barred by State and local
law and carry no legal force and effect whatsoever against any tenant.
3.) You were explicitly instructed by the tenants that signed reference #2 to direct any response thereto to
Lakewood Tenants Association. Your delivery of reference #3 to the individual tenants in defiance of the
tenants' explicit instruction coupled with your false claims within reference #3 is construed by the
undersigned as an attempt to harass and intimidate each of those individual tenants. We request that you
cease and desist from such harassing and intimidating behavior and that you leave the tenants in peace - free
from any and all attempts at changing the terms of their tenancy without legal authority. By copy of this
letter, all responsible owners and management have been put on notice of our objection to that behavior.
4.) The undersigned officers of this association have observed that there was no air being blown into the
hallways of the "B," "C," and "E" buildings by the new roof fans. We have noted that, in the case of buildings
"B" and "C," the fans have not been providing air for several weeks. Mold is a continuing problem at this
property. We suggest that, if you believe that supplying fresh air to the apartments would provide any
benefits in the way of minimizing mold, you spend more time maintaining your property and the necessary
equipment to do so and less time serving tenants with false and misleading documents that purport to place a
burden upon the tenants to take actions, some of which no reasonable person is likely to take, in an effort by
the owners and management to shield themselves from any and all liability for their own potential negligence
by then claiming that particular tenants did not do all of those unreasonably demanded actions.
Sincerely,
Mona Cereghino, President,
Ross C. Wilkinson, Vice-president