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# Landlord was convicted of harassment in 1998
- URL: https://www.smdp.com/landlord-was-convicted-of-harassment-in-1998/
- Published: 2004-06-30T15:00:00.000Z
- Updated: 2026-10-23T04:41:03.000Z
- Author: Guest Author
- Tags: Real Estate & Housing, Santa Monica, #archive-import

Radinsky filed charges against Gabriel a second time in 1999 for battery and harassment of a female tenant. Those charges were subsequently dropped after Gabriel agreed to paint and re-carpet the woman’s apartment, avoid contact with her and serve another year of probation. Further criminal charges were levied against Gabriel in 2003 for alleged battery, but later dropped.

Gabriel accused prosecutors of waging a relentless campaign against him, with little evidence to back it up. Though he lost his first criminal trial, Gabriel pointed to the 1999 case, adding that all 19 counts were dropped.

“My point of view is, what justice system in the whole world drops criminal charges for painting and changing carpet?” Gabriel asked, during an interview in the Daily Press newsroom. Gabriel, who speaks with an accent, insisted on coming to the newspaper’s offices to be interviewed after he was contacted by a reporter over the telephone.

Gabriel said he has a good relationship with eight of his 14 tenants. Asked about his ongoing dispute with the other six renters, Gabriel replied, “All of them... they live for free, almost for free. They’re always harassing me, because there is always something wrong in my apartments, like putting cable TV without my permission, putting washer and dryer without my permission. Even if it’s illegal. Even if they don’t have permit from the City of Santa Monica.

“And the worst thing is this city is against landlords.”

Gabriel owns a 10-unit building at 1035 Fifth Street downtown and a four-unit building at 1007 16th Street. Rent levels in the downtown building, where Gabriel keeps an apartment, range from $348 for a one-bedroom unit to $1,909 for a one-bedroom at market rate. The Wilshire-Montana building commands rents ranging from $402 for a one-bedroom unit to $1,941 for a two-bedroom apartment at market rate, according to rent control documents.

Both buildings were bought in the summer of 1995, months before vacancy decontrol went into effect. Before vacancy decontrol, rent control kept rates low even for new tenants. Gabriel estimates his buildings are worth between $4 million and $5 million together, but said he doesn’t profit from them and is actually losing money because of rent control.

In addition to filing more than a dozen complaints with local prosecutors, tenants in Gabriel’s buildings have petitioned the Rent Control Board for rent decreases and complained of excess rent being charged, said Tracy Condon, a spokeswoman for the rent control board.

Radinsky said he decided to pursue Gabriel using the unfair business law because it can be used to address violations of any other state or local laws. He said it provides a “powerful remedy” of a permanent injunction, which bars further illegal activity, and it carries stiff fines. Each illegal act carries a penalty of up to $2,500, or $5,000 for acts involving a senior citizen.

The exact number of violations remains to be investigated in the lawsuit, Radinsky said.

“Mr. Gabriel was clearly not deterred by his experience with the criminal justice system,” added the deputy city attorney. “Given his long history of disregard for tenants’ rights and the law, we felt this was the most appropriate remedy.”

*Originally published in the Santa Monica Daily Press print edition on June 30, 2004.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/063004.pdf?ref=smdp.com)