Landlord may face thousands of dollars in fines
City Hall is suing a local landlord for allegedly harassing one of her tenants in a building near Montana Avenue, prosecutors said Monday.
Lisa Borten is accused of filing false complaints against tenant Jason Bernstein with the health and building departments, trying to evict him without cause and leaving harassing messages on his answering machine — one of which allegedly contained personal threats.
Borten, who oversees 21 units in two Santa Monica apartment buildings, was found liable in January by the Santa Monica Rent Control Board for overcharging Bernstein by $4,483 in rent. Prosecutors said Monday’s lawsuit is separate, because it falls under City Hall’s tenant harassment ordinance.
415,“The rent control board ruling addressed the overpayment of rent only,” said Deputy City Attorney Adam Radinsky, who is prosecuting the case. “It’s one thing to collect the excessive rent, but it’s an entirely different thing to embark on this type of harassment.”
Borten said she was unaware of the lawsuit and declined to comment on it. She called the reporting of the case an “invasion of privacy.”
“I don’t care to have any discussion further in the newspaper,” she said.
“I don’t care to have any discussion further in the newspaper.” — — LISA BORTEN Local landlord
Bernstein, who’s lived in the building since March of 2000, couldn’t be reached for comment. He pays $911.84 to rent a one-bedroom apartment in the building, said Tracy Condon, a spokeswoman for the rent control board. Though Borten raised the rent twice on that unit in 2001 and 2002, finally reaching $1,105, the rent control board in January demanded she repay Bernstein $4,482.99. As part of the rent control board’s ruling, Borten was supposed to let Bernstein live in the apartment rent-free until the amount was repaid. It’s unknown if Bernstein has paid rent.
The unit Bernstein rents was part of an “incentive” program offered to landlords by City Hall before vacancy decontrol took effect, which allowed landlords to charge market rates on some units if they offered other units to low-income tenants. Bernstein’s unit was a market-rate unit, but the 10-year incentive contract expired in May of 2001. The rent, by law, is set at the same amount as it was 90 days before the contract expired.
But according to City Hall, which issued a press release on Monday, “Borten falsified legal records with the rent control board to justify raising (Bernstein’s) rent far higher than permitted by law. When (Bernstein) finally questioned Borten about the rent, the suit contends, Borten did the following: Left harassing messages on his voice mail, one of which included personal threats; served him with two different three-day (eviction notices) that falsely claimed he was creating a nuisance and damaging the building; filed false complaints against him with the health and building departments.”
The lawsuit seeks fines, punitive damages, an injunction and attorneys’ fees. Each of the seven alleged incidents carries a maximum $1,000 fine. Punitive damages are based on the severity of the charges and the defendant’s net worth. No amount of punitive damages is listed in the lawsuit.
Borten is suing another tenant in the same building, which is located at 807 Third St. That lawsuit alleges the tenant, Patricia Lard, actually lives elsewhere and therefore shouldn’t be entitled to protection under rent control law. Borten and her lawyer haven’t returned calls related to that case.
Two tenants interviewed at the Third Street apartment building Monday afternoon said they had no problems with Borten. One was an elderly lady who refused to give her name or say how long she had lived in the building. The second was a Scottish law school student who’s lived in the building for nine months.
“She’s been very good,” said Sally Robertson, 25, who added she pays $1,280 for a large, one-bedroom apartment with a parking space. “I’ve had no problems.”
Originally published in the Santa Monica Daily Press print edition on April 6, 2004. Read the original PDF.