Civil lawsuit against local landlord on hold
A bench warrant was issued Tuesday for an eastside Santa Monica landlord who failed to show up in court on charges of allegedly discriminating against her Mexican-American tenants.
Santa Monica Superior Court Judge Bernard Kamins issued the warrant but didn’t send it to law enforcement officers, saying he would give Jaroslava Liska another chance to appear in court on July 15.
If Liska, who owns a six-unit complex at 1711 Delaware Ave., comes to court, the warrant will be removed. If she doesn’t, Liska will be considered a fugitive.
The Santa Monica City Attorney’s office filed criminal charges against Liska in May, alleging she violated its tenant harassment ordinance by attempting to evict a Mexican-American family who has lived in their apartment for more than 17 years.
The Vivancos, who filed a civil suit against Liska in January, pays $654 per month for their two-bedroom, rent-controlled apartment, while similar units in the building go for more than $1,000, neighbors said.
Candido and Elvira Vivanco, and their four children, are the last Latino residents in the building, which is mostly occupied by recent college graduates, neighbors said.
The Vivancos allege that Liska dislikes family renters so much that she didn’t allow their children to play outside or have friends over, according to the lawsuit, which accuses Liska of yelling at the Vivanco children and attempting to get the family to sign a lease that would increase their rent if they had any more children.
Liska sent the Vivancos a 30-day notice in December, alleging the family is disruptive to neighbors because their children play outside, kick balls against the apartment walls and play loud music.
But tenants in the Delaware Avenue complex describe the family as friendly and good neighbors. They said Liska concocted the complaint so she could hike up the rent.
The Vivancos’ civil lawsuit has been put on hold while the criminal proceedings move forward. The civil suit accuses Liska of racial discrimination, harassment and violating several state and federal laws. In it, they seek reimbursement for overpaid rent, punitive and exemplary damages, and a stop to Liska’s eviction effort. Based on what’s allowed under rent control, the Vivancos claims that they have been overcharged rent by as much as $200 each month over the past 17 years, the lawsuit alleges.
Eric Meller, Liska’s attorney, told Judge Kamins he didn’t know why she didn’t show up in court. He said Liska suffers from high blood pressure and might be in the hospital. Later on Tuesday, Meller said he reached Liska at her home where she was resting after becoming light-headed and dizzy.
Meller refused to comment on the case, only to say that Liska is innocent.
Liska has not moved forward with eviction proceedings. With the civil lawsuit and criminal charges pending, the Vivancos still reside in the apartment.
Liska faces two counts of intimidation or coercion, two counts of harassment and one count of child discrimination. Each count carries a maximum penalty of $2,700 and six months in jail.
Deputy City Attorney Adam Radinsky said City Hall decided to levy criminal charges after concluding its own investigation.
The five charges Liska faces fall under the Tenant Harassment Ordinance, which was passed by the Santa Monica City Council in 1995 to protect tenants from landlords seeking to profit illegally from vacancy decontrol on rent-controlled apartments, which allows landlords to raise the rent on units when tenants move out. Hundreds of complaints have been filed under the ordinance and most of them have been resolved out of court, Radinsky said.
A host of religious and community leaders — including Father Michael Gutierrez, the pastor at Saint Anne’s Church in Santa Monica, and Oscar de la Torre, director of the Pico Neighborhood Youth and Family Center and a local school board member — have come out in support of the Vivanco family.
Originally published in the Santa Monica Daily Press print edition on July 2, 2003. Read the original PDF.