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How City Hall Cheated the Disabled to Make Money for Developers

LOS ANGELES

AFFORDABLE HOUSING HANDICAP SCAM--Just when you think that the Mayor and the Los Angeles City Council could not sink lower, new evidence comes to light. 

We see and hear the publicity stunts by Mayor Garcetti and various councilmembers, crying for the need to construct more Affordable Housing. What has the City been doing to create Affordable Housing? According to the LA Times on April 2, 2016, It has been demolishing Affordable Units to make way for pricy apartments, condos and McMansions! 

That’s right, the City has been helping developers not only destroy affordable housing, but then through its HCIDLA Committee, the City has been giving tax money for the developers who just demolished the rent controlled properties. They justify these gifts of our money on the grounds that the poor need housing. As a result of this scam, the City Council has been voting unanimously to allow rent controlled units to be destroyed and then giving hundreds of millions of our tax dollars to the very people who tore down the homes. 

It’s like a late night Infomercial, “Wait there’s more.” While Mayor Garcetti and current Council President Herb Wesson have been shedding crocodile tears for the less fortunate, they have been abusing the City’s disabled population in order to divert more tax dollars to the billionaire developers. On camera, they speak in the name of the disabled, while screwing them off camera. 

No need to take my word for it. We have documented proof. In January 2012, while Mayor Garcetti was City Council President, the City and its now defunct Community Redevelopment Agency [CRA] was sued in federal court for systematically and knowingly cheating Los Angeles’ disabled persons. (Independent Living Center of Southern California et alia v City of Los Angeles, Community Redevelopment Agency [CRA], United States District Court for the Central District Court of California, Case Number SACV12 0062JST.) 

For at least the last decade, during which time Eric Garcetti had been Council District 13 Councilmember (2001-2014) and City Council President (2006-2012), the City and Garcetti’s beloved CRA cheated both disabled persons and the tax payers. Here’s the scam they used: 

(1) In order to receive tax money to construct affordable housing, the City had to guarantee that the developers made their apartments and condos disabled accessible. [Lawsuit ¶ 76] 

(2)   Because making apartments and condos accessible to disabled persons costs the developers more money, the City not only allowed developers not to provide the legally require handicap facilities, but Garcetti and other councilmembers also frustrated the efforts of advocates for the disabled to document the violations. [Lawsuit, ¶ ¶ 78-82] 

As a result, Mayor Garcetti and current Council President Herb Wesson, along with all the rest of the Los Angeles City Council, have helped to divert hundreds of millions of tax dollars to developers by allowing them not to make the required handicap improvements to their projects.

“By the actions described above, Defendants have engaged in, and continue to engage in a pattern or practice of discrimination against people with disabilities in violation of the Rehabilitation Act, the Americans with Disabilities Act, and Government Code § 1135. The Defendants continue to engage in such a pattern, practice, or policy of discrimination so as to constitute a continuing violation.” Lawsuit ¶ 85 

That’s right; Garcetti and Wesson are still at it! Look at how many of the projects named in the lawsuit are in Wesson’s Council District #10. 

“. . . Defendants have known that their acts and omissions create a substantial likelihood of harm to Plaintiff's federally protected rights, and Defendants have failed to act upon that likelihood.” Lawsuit¶ 86   

We are not dealing with innocent mistakes of a complicated law. The law is as simple as one could want: “This money is to be used to make the housing accessible to disabled persons.” What’s not to understand? How does this then become, “Use this tax money to buy yourself a mansion in Bel Air?” 

Let’s remember that in 2011, the State abolished Los Angeles CRA due to rampant corruption. Garcetti and Wesson knew about this scam as they were actively aiding and abetting the diversion of hundreds of millions of tax dollars away from disabled people to enrich their buddies, the real estate developers. (CityWatch wrote a series of articles about the corrupt CRA, especially about Garcetti’s pet project, The Cesspool on Vine.)  

Angelenos have to ask themselves: Do we want to be ruled by men who steal from the disabled in order to give more of our tax dollars to developers? That is exactly what Garcetti, Wesson and all the other councilmembers have been doing. They know that the tax dollars were to make this housing accessible to the disabled, yet they allowed the developers to pocket this money while leaving the disabled persons out in the cold.

 

(Richard Lee Abrams is a Los Angeles attorney. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

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