Oakland, CA—The Alameda County Superior Court has granted the City of Oakland’s Motion for a Preliminary Injunction and for the Appointment of a Receiver to immediately take over management of two properties (1030 Foothill Boulevard and 1130 E. 11th Street) owned by Defendants King V. Chau, James H. Chau, and Judy N. Chau. At both of these properties, Defendants rented out multiple illegally converted units; did not provide basic safety protections such as carbon monoxide or smoke detectors; created severe fire hazards through unapproved wiring and storage of combustible materials; required their tenants to live without power and, more recently, without gas; and subjected their tenants to repeated harassment. These properties placed tenants and surrounding communities at serious risk of harm.
For years, the City of Oakland tried everything short of litigation to push Defendants to bring their properties into compliance with the law. However, despite 27 separate inspections by the City’s Code Enforcement unit, along with eight Notices of Violation (“NOVs”), three Re-Inspection Notices, two Notices of Intent to Obtain an Inspection and Abatement Warrant, one Order to Abate, a right of entry letter, and two Red-Tags formally declaring a property unsafe for human habitation, Defendants refused to take minimal steps to comply and to ensure the safety of their tenants.
Although all of the violations that led to City inspections and notices were serious, the danger to the tenants and their neighbors became more grave in recent months. After yet another fire—the fifth between the two properties in the past few years—the tenants at 1030 Foothill not only lacked electricity, but also lost access to gas. They were forced to use battery-powered lights, rely on quilts to stay warm, and cook using flammable charcoal indoors.
“The tenants and neighbors of 1030 Foothill and 1130 E. 11th Street are entitled to safe and habitable housing,” said City Attorney Barbara J. Parker. “In the midst of a global pandemic and with winter upon us, there is even greater urgency to ensure Oaklanders’ basic rights are protected. The court’s ruling clearly recognizes these tenants’ and neighbors’ plights and grants them the immediate relief they desperately needed.”
As part of the order, the court approved the immediate appointment of a receiver, a neutral third-party custodian, to take over day-to-day control of the properties, remedy the unsafe conditions, and protect the rights of the tenants and neighbors. The underlying lawsuit further seeks civil penalties, punitive damages, restitution, and attorney’s fees.
This case, People v. Chau, was filed by the Neighborhood Law Corps and City Attorney Parker’s Housing Justice Initiative. Oakland City Attorney Barbara J. Parker launched the Housing Justice Initiative to significantly expand and prioritize work protecting tenants in Oakland’s diverse neighborhoods and holding abusive landlords accountable.
