Skyline/Citi Apartments Dirty Tricks
The Lembi Group (i.e. Skyline Properties,
CitiApartments, CitiProperties, Trophy Properties, and many, many other names)
now owns over 150 large multi-unit apartment buildings in the county of San
Francisco, and is continually acquiring more.
They are arguably the most aggressive landlord/property management group
in San Francisco when it comes to actively attempting to displace long-term
tenants through pretext evictions, harassment, and buy-outs. The head thug at Skyline is a man by the name
of Andrew Hawkins. Memorize that
name. Tenants need to be aware of some
of the dubious tricks and tactics that Skyline uses in dealing with their
properties.
Upon Aquiring the Property
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Interviews
**Upon acquiring a property,
Skyline inevitably tries to coerce tenants into coming down to their offices
for an interview. Oftentimes, Skyline
employees will state that the interviews are “required” or “mandatory.” The
interviews are for the purpose of gleaning information that can be used against
the tenant or against neighbors. Often,
Skyline will try to tape record these interviews. Skyline frequently will make petty buy-out
offers at this point as well. In one
case, Skyline made reference to personal information of a tenant that Skyline
should have had no reasonable knowledge of.
Tenants need to be aware of the
fact that they do not need to go to these interviews.
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Inspections
**After purchasing a building,
Skyline usually passes around 24-hour notices of entry, for the purpose of unit
inspection. Since merely inspecting a
unit doesn’t fall under CC 1954, they will usually try to qualify it by saying
the inspection is for some semi-legitimate reason, such as checking the smoke
detectors or inspecting for problems with the building such plumbing or
electrical problems. However, when in
the unit, Skyline agents will wander around the unit taking photos for the
purpose of discovering potential breaches or violations of the lease. While the landlord arguably would have the
right to take a photo of a legitimate repair problem, they do not have the
right to random photos of a tenant’s unit.
The tenant can demand that Skyline
not take such photos or block the taking of the photos, for example, holding up
a piece of paper in front of the camera lens.
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House
Rules
**Will mail or deliver a large
packet of house rules that generally contain material changes to existing
leases. Most notably, the house rules
will have a clause containing large “late rent” fees, absolute prohibitions
against subletting or assignment, and restrictive guest clauses. Tenants
should be aware not to sign or to agree with any such house rules, and that
they can actively challenge the house rules.
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Pretext
Evictions
**The two favorite ways for
Skyline to attempt to evict tenants is through breach of lease for alleged
illegal sublets or for pets. If Skyline
finds out that a tenant has a pet and there’s a no-pets clause in the lease,
they will actively pursue that as an avenue to evict the tenant. If Skyline finds a tenant living in a unit
that’s not on the lease, they will actively challenge the original tenants to
prove they had consent to move that tenant in.
If a tenant lives in a building
that Skyline has taken possession of, and they have a pet in violation of the
lease or subtenants there without authorization (or without proof of
authorization), tenants need be aware that Skyline will attempt to use these
violations against the them.
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Thuggery
**The most bizarre of the Skyline tactics. Upon taking charge of a building, Skyline will set up a table in the lobby of the building with a portable Xerox machine and a laptop computer. They will position two employees (one generally being Andrew Hawkins) in dark suits, with sunglasses and earpieces, in the lobby as well. The employees will demand ID’s from tenants and guests as they enter and leave the building. If the tenant or guest complies, the employees will take the ID, make a Xerox copy of it that then goes into a portable file, and allegedly do a “criminal background check” of the tenant or guest on the laptop computer. Skyline always gives the explanation that they doing this for security reasons, though we’ve figured out the real purpose is to try to uncover potentially illegal sublets or unauthorized roommates. Usually though, the employees do not try to physically block entry of tenants and guests who refuse to give ID’s.
This is a questionable area of the law in some regards, depending upon whom you talk to. While it is not illegal for Skyline to be in the common areas of their buildings, the whole question of whether they have the right to ask for ID’s is a different matter, and they do not have the right to forcibly block out tenants and arguably guests from the units. Should that happen, tenants need to notify the police immediately and file a complaint.
Ongoing
Ø Refusal to Give Receipts for Rent.
**It used to be that if tenants went in to the Skyline offices to pay their rent, the staff would simply refuse to give the tenant a receipt, in violation of the law (CCP 2075). Now tenants are told that they must put their rent check into a lockbox in the lobby, and employees aren’t allowed to touch rent checks at all. This is problematic because tenants can’t prove when the rent was paid and Skyline simply loves to drum up habitual late payment as a just cause for eviction. However, we’ve devised a nifty little letter that tenants can use for just these cases (see attachment). If the tenants are paying by mail, they should send it certified with return receipt for proof of when the rent was received, and be sure to inform tenants that they need to mail it far enough in advance that it arrives on or before the due date. In fact, tenants need to be warned to pay the rent on time period with these thugs!
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Not Cashing Rent Checks
**Oftentimes when Skyline gets into a dispute with a tenant, they will start holding
onto their rent checks and not cashing them. The main thing for tenants to do is to
not spend the money, simply keep it in your account. Skyline may let the checks
build up, then try to cash them all at once, hoping that the tenant has spent some of
the money. Then the checks bounce and they can hit the tenants with a 3-day “pay
or quit” eviction notice. If they aren’t cashing rent checks, send them a simple,
direct letter asking why, as a way of keeping a paper trail.
Ø Request To Update Records
Periodically they out forms seeking "information" to "update their records". You are under no obligation to fill these out.They already have all necessary information when you were accepted as a tenant. The more information they have about you , the better for them to use it against you in the future.
Ø Refusal to Do Repairs
**Of course, Skyline is notorious for being lazy in making needed repairs, especially for those long-term tenants who are paying below market-rate rent. Always put your request for repairs in writing, give them a reasonable amount of time to do the repairs, and if they fail to do so, you can take action by doing a “repair and deduct” or filing a “decrease in services” petition at the Rent Board.
Our mantra of “put it in writing” is triply true for Skyline! Tenants must be aware that they have to keep a paper trail!