NEWS FROM THE CITY ATTORNEY'S OFFICE
FOR IMMEDIATE RELEASE

May 14, 2001

CITY GRANTED INJUNCTION TO VACATE SUBSTANDARD APARTMENT

Oakland, CA – In another positive step to improve housing conditions in Oakland, the City of Oakland has obtained an injunction against landlord Marvin J. Budderman ordering him to vacate all occupants at the Bel Air Court, a substandard apartment located at 10031 MacArthur Blvd, by June 18, 2001.

The injunction also orders Budderman to provide relocation expenses to displaced tenants, pursuant to Oakland’s Code Enforcement Relocation Program (Municipal Code chapter 15.60). Since November 2000, Budderman has been violating a City order to vacate the property and to provide relocation benefits to displaced tenants. Tenants are entitled to relocation benefits if they are displaced due to code enforcement or zoning action taken by the City.

The injunction furthers Oakland’s efforts to enforce its zoning ordinance and building codes. The property was declared a Substandard Building on August 11, 2000, after a July 2000 inspection uncovered numerous substandard conditions in the rooms and building, and structural alterations made without building permits. Furthermore, the property is being illegally operated as an apartment complex, in violation of zoning regulations which require minimum room sizes, proper kitchens, parking and open space for living and recreation.

"The City of Oakland will not tolerate property owners who prey upon low-income people in this tight housing market," said City Attorney John Russo. "We particularly will not allow landlords to take advantage of their tenants by charging them apartment rates for nothing more than a motel room. I applaud Deputy City Attorney Pelayo Llamas for his dedication and commitment to using the law as a tool to uphold standards of decency and fair housing for all Oakland residents."

The property was operated as a motel until Budderman acquired it in 1998. He proceeded to convert it to an apartment without obtaining zoning approval and without changing the size of the units or nature of the facilities that the Zoning department would have required of an apartment. In November 1999, the Planning Commission denied Budderman’s application for approval to operate the apartments "as is." In January 2000, the City Council upheld the Planning Commission’s decision.

The property could be reopened after refurbishment. Such a refurbishment plan, in compliance with zoning regulations, would have to be presented to and approved by the Planning Commission.