There will be a meeting of the Tenants Association on Sunday, January 29, 2023, from 1:00-2:00 p.m. in the auditorium.
On the agenda:
Raffle tickets will be available for purchase.
There are two citizen positions coming available in June for the Virginia Fair Housing Board. If you are interested in applying, the positions are appointed by the Governor. Applications should be made through the Secretary of the Commonwealth.
Secretary of the Commonwealth - Boards and Commissions (virginia.gov)
https://www.commonweatlth.virginia.gov/va-government/boards-and-commissions
The dates for the Board Meetings for 2023 are as follows. Advocates should meet in the Conference Room by the Library at 1:00 p.m.
January 7
February 4
March 4
April 1
May 6
June 3
July 8
August 5
September 9
October 7
November 4
December 2
January 8, 2023
Dear LIV Tenants:
If you are experiencing problems with the following, have reported it to Maintenance on more than one occasion, and have received no resolution to the problem, please contact the City of Richmond, Code Enforcement Division at (804) 646-6398. They will come out to inspect for deficiencies and follow up with Management regarding the issues.
· No heat
· No hot water
· Leaks in your apartment
· Cockroaches
· Lack of laundry facilities
· Replacement filters for heating/air conditioning units
· Non-working smoke or carbon monoxide alarms
Sincerely yours,
LIV Tenants Association Board
PROCLAMATION
LEGACY AT IMPERIAL VILLAGE TENANTS ASSOCIATION
RECOGNIZING DECEMBER 8, 2022
AS BOB JOHNSON DAY
WHEREAS,
the purpose of the Tenants Association at LIV is to promote community spirit
and support the rights of the tenants; and
WHEREAS,
the LIV Tenants Association believes that it can affect positive change in the
community; and
WHEREAS,
Bob Johnson has been a resident of Legacy at Imperial Village for more than a
decade; and
WHEREAS,
Bob Johnson has been a constant supporter of the LIV Tenants Association by
serving as a past president and an advisor to succeeding presidents of the
organization by sharing his wisdom and knowledge; and
WHEREAS,
Bob Johnson has been generous in financially supporting the LIV Tenants
Association.
THEREFORE; I, Janet
Smith, President of the LIV Tenants Association, on behalf of the
Association, do hereby proclaim Thursday, December 8th, 2022 as
BOB JOHNSON DAY
at Legacy at
Imperial Village and urge all tenants to observe this day with acts of
kindness to Bob that reiterate and celebrate his selfless giving.
IN WITNESS WHEREOF, I have hereunto set my hand to be
affixed this 8th day of December 2022.
________________________
Janet
Smith, President
LIV
Tenants Association
MINUTES OF THE RESIDENTS ASSOCIATION
DECEMBER 8, 2022 – 1:30 P.M.
AUDITORIUM
Janet Smith,
President of the Residents Council/Association called the meeting to order.
She began by
giving a brief explanation of Ageism.
She then
went on to compare and contrast Resident Associations and Resident Councils vs.
Tenants Associations and Boards of Directors. She explained the need to change the structure
of the organization to a Tenants Association.
She
described the goals of a Tenants Association.
Janet then
gave an overview of recent General Assembly bills that dealt with renters. Most were killed in committee; one passed
both houses but was vetoed by the Governor.
There was an
overview of HJ118 and HD6, a study conducted by the Department of Social
Services in 2018. This study appears to
be dead in the water. The Resident
Council did their own study on why Independent Living Facilities for those over
55 years of age should be regulated by the state. This study will be forwarded to state
legislators, state agencies, and city council members, as well as the Attorney
Generals office and Virginia Poverty Law Center.
The
following Amendments to the current by-laws were introduced:
§ Addenda to By-Laws
1.
Change
name from Imperial Plaza to Legacy at Imperial Village
2.
Change
Residents Association to Tenants Association
3.
Change
Resident Council to Board of Directors
4.
Add
one Advocate to Azalea Building
5.
Hold
Tenants Association meetings at least quarterly.
6.
Remove
Activities and Dining Committees
7.
Remove
Ambassadors (This has already been transferred to Director of Activities)
8. Article VII – Amendments: Any, or all, of these by-laws may be amended in accordance
with the Code of Virginia Section 13.1-301.2. Adoption, change or repeal of bylaws; subject
matter. By-laws may be amended by a
majority vote of the Executive Board; or two-thirds of the Association members
at a special or regular Association meeting; or by two-thirds of the
Association members through mail ballot.
A motion was
made from the floor to adopt all eight of the Amendments. The motion was seconded. The motion was unanimously carried.
A
Proclamation was given to Bob Johnson for all his support to the Resident
Council throughout the Years. December
8, 2022 was proclaimed “Bob Johnson Day at LIV.”
A Question
and Answer Session followed.
Then, four
$25 Visa Gift Cards were given as door prizes.
A motion was
made to adjourn the meeting. The motion
was seconded. The motion carried.
Respectfully
submitted,
Janet Smith
President,
LIV Tenants Association and Board of Directors
Legacy at Imperial Village (LIV) Tenant Association
By-Laws
As Amended December 8, 2022
Article I
– Name, Mission and Core Values
Section
1.01 – The name of
this organization shall be LIV (Legacy at Imperial Village) Tenants
Association, hereinafter called “The Association.” The Association was originally formed on
February 27, 1997, as a Residents Association.
Section1.02
– The Mission of the Association shall be:
To promote and further the common interests of the Tenants of
LIV.
To communicate and cooperate with LIV Management in creating
cultivating a healthful, enjoyable, active, constructive, and useful community
life.
To treat other tenants of the
community with dignity and respect.
To suggest improvements in services, practices and policies
to Management.
Section
1.03 – The Association’s Core Values are:
To be good stewards of resources and exercise frugality.
Honesty is always the best policy and trust is to be earned.
To be respectful and
obedient of the rules.
To contribute, help and assist our
fellow tenants by making a positive difference to the Community.
To treat Management, staff and our
fellow tenants with dignity and respect while valuing their contributions.
To be responsible and
accountable for our actions.
To embrace diversity, inclusion,
and equity.
To exhibit teamwork by bringing a
collaborative spirit and strategy to all we do.
To learn from the insights and
leadership of others and share openly what we learn.
To honor our commitments.
To provide a
communication channel between Tenants and Management.
Section 1.04 – Association
Membership: All tenants of LIV are automatically members of the
Association. Only tenants of LIV shall
be Members.
Article II – Association Meetings:
Section 2.01 – Place and time: Meetings
of the Association shall be held at LIV at a date and time fixed by the Tenant Board
of Directors, hereafter called “The Board.”
Association meetings shall be held quarterly.
Section 2.02 – Notice of Association
Meetings: No less than five days’ notice shall be given and posted on the
principal bulletin boards. Special
meetings may be called by the Tenant upon the written request of at least
thirty members of the Association. The Tenant
shall choose a date, time, and location for the meeting.
Section 2.03 – Quorum: At least
fifty Association members shall constitute a quorum, except as stipulated in
the Amendments section of these By-laws.
Article III – Number: There shall be 12 members of The Board. Azalea, Boxwood, Camellia, and Dogwood
buildings shall have three Representatives each. Duties of the Representatives are:
Members of the Board shall carry
forth the Mission and exhibit the Core Values of the Association.
The Board represents every tenant
and believes the Board and Association can positively impact tenant life.
Board members display a positive
attitude and enthusiasm.
Board members listen and
communicate well.
Board members work collaboratively
with staff liaison, Administration, and each other.
Board members provide
information that impacts all tenants.
Board members work
toward solving problems.
Section 3.02 – Election of Advocates:
Advocates shall be elected to serve
two-year terms. Any advocate having
served two consecutive two-year terns shall not be eligible for reelection for
at least one year.
The Advocates are elected by their
peers to represent them. These positions
are to be treated with respect and trust, and not abused in any way.
The President of the Board shall
appoint a standing Nominating Committee of four – one person from each building
to oversee the election.
On the second Tuesday in November,
the election of Advocates will take place at a time designated by the
Nominating Committee.
Vacancies
occurring during a term of office may be filled by the President of The Board (until
the end of that calendar year.) That
vacancy shall be filled by a tenant of that building at the next election.
Six weeks prior to election day,
nomination forms will be distributed by the Board to all tenants. Tenants may nominate themselves or a tenant
of their building.
Three weeks prior to election day,
each nominee shall present to the Nominating Committee a brief resume and
signature of at least five tenants in their building.
The Board shall sponsor a forum for
each nominee to present their platform to the tenants of their building.
Voting shall be by secret
ballot. Each tenant will have one vote
per vacancy. Tenants with the most votes
will be elected to serve as Advocates.
Section 3.03 -Election of Board of
Directors Officers: Annually in
January, the Board shall elect the President, Vice-President, Secretary and
Treasurer from a confirmed slate presented by the Nominating Committee. Nominations may also be made from the floor.
Section 3.04 – General
Powers: The Board
shall have full power to conduct and direct the operation and affairs of the
Association in accordance with the Code of Virginia Section 13.1-301.2. Adoption, change or repeal of bylaws; subject
matter.
Section 3.05 – Meetings: Meetings of the Board shall be held monthly
unless a change is voted on by the members of the Board.
Section 3.06 – Notice of Board of
Directors Meetings: Written
notice of meetings shall be given to the Board members by the President of the Board.
Section 3.07 – Quorum: A majority of the Board members
present shall constitute a quorum for the transaction of business; a minimum of
six votes shall be required for any Board action.
Section 3.08 – Absence from Meetings:
Any Board member who is absent from three consecutive meetings without
explanation acceptable to the Board shall cases to be a member.
Section 3.09 – Removal – A member of
the Board may be removed for any cause by a majority vote of Board members. The cause may consist of, but not limited to,
a violation of the Mission and Core Values of the Association.
Article IV – Officers: The Board shall consist of a President,
Vice-President, Secretary and Treasurer.
The officers shall make up the Executive Committee. Their duties are as follows:
Section 4.01 – President: The President shall have general
supervision and responsibility for the Board operation, and the President’s duties
are:
To develop the agenda and preside
at the meetings of the Board.
To be the primary check signer for
all disbursements.
To be aware of all activities and
functions in the community.
To establish the Board budget and
strategic plan.
To be an ex-officio member of all
committees and have the power to appoint
chairpersons of all committees.
To have a thorough understanding of
the Association By-Laws and parliamentary procedure.
To keep the Vice-President fully
informed of all Board business.
In the event of a vacancy for any
officer position, the President will appoint someone to fill the vacancy.
Section 4.02 – Vice-President: In the absence or disability of the President,
or at the President’s request, the Vice-President shall assume the powers and
duties of the office. The Vice-President shall act as assistant to the President
in all duties and assignments, have a thorough understanding of the Board By-Laws
and parliamentary procedure.
Section 4.03 – Secretary: The Secretary will record the minutes of the Board
meetings and distribute them to the Board members within five days of the Board
meeting. Minutes are to be posted on the
bulletin boards of each building. The Secretary will record all motions and
resolutions. Minutes should include the
following:
Roll
Call/Attendance
Treasurer’s Report
Committee Reports
Guest Speaker Information
Old and New Business including all
motions and outcomes of those motions
Open Discussion
Adjournment time
Date, time, and location
of next meeting
Section 4.04 – Treasurer:
The duties of the Treasurer will be
to give a written report of all monies received and disbursed to all members at
regular meetings of the Board.
The Treasurer will present all
payable bills to the Board for approval of payment.
Any misappropriation of funds will
be ground for immediate termination and restitution will be made. Anyone terminated will not be permitted to
run for office again.
Article V-Committees: The Board shall have the following
standing committees: Nominating
Committee, Fundraising Committee, By-laws Committee, and Tenant Advocacy
Committee. Ad hoc committees may be
formed by the Board as the need arises.
The President shall appoint the Chairperson of each committee. The Chairperson will recruit members for
their individual committees. At the
first meeting of the year, the Board will review the need and function of each
committee. No Board member shall serve
on more than two committees at any time.
The purpose of the committees are as follows:
Section 5.01 – Nominating
Committee: The duty of
a nominating committee is to find the best candidate for the Tenant Board officer
positions. The committee must carefully
review the eligibility requirement for each office and see that the nominees
meet these requirements. As soon as the
committee reports, it is discharged from its duties. The committee may be revived to make
nominations to fill vacancies or add additional officers. One Board member from each building shall
comprise the Nominating Committee.
Section 5.02 – Fundraising
Committee: The
Fundraising Committee is responsible for overseeing the organization’s overall
fundraising, in particular the fundraising done by the Tenant Board. The accomplish this, the Committee’s
responsibilities are:
To work with the Board, staff and tenants
to establish a fundraising plan that incorporates a series of appropriate
vehicles, such as special events, product sales, raffles, etc.
To monitor fundraising
efforts to be sure that ethical practices are in place.
Section 5.03 – By-Laws
Committee: The By-Laws
Committee is responsible for the creation and maintenance of the Association’s
By-Laws. This committee also provides the necessary communication to the
membership pertaining to the By-Laws including but not limited to proposed
amendments.
Section 5.04 – Tenant Advocacy
Committee: The Tenant Advocacy Committee is
responsible for monitoring legislation that has an impact on the citizens of
the Community, ensure that the information is disseminated to the tenants, make
Management aware of the legislation and that it is applied to all tenants of
the Community. The Advocates are responsible for ensuring fair and equal treatment for all tenants
Article VI – Communication: Board members may be addressed in
person, in writing, via telephone or e-mail.
A list of contact information for the Board of Directors will be posted
on a bulletin board in each lobby.
Article VII –
Amendments: Any, or
all, of these by-laws may be amended in accordance with the Code of Virginia
Section 13.1-01.2, Adoption, change or repeal of bylaws; subject matter. By-laws may be amended by a majority vote of
the Executive Board; or two-thirds of the Association members at a special or
regular Association meeting; or by two-thirds of the Association members
through mail ballot.
AMENDMENTS: At a meeting of the Association on December
8, 2022, the following Amendments were passed unanimously:
§ Amendments to By-Laws
1.
Change name from Imperial Plaza to Legacy at
Imperial Village
2.
Change Residents Association to Tenants Association
3.
Change Resident Council to Board of Directors
4.
Add one Advocate to Azalea Building
5.
Hold Tenants Association meetings at least quarterly.
6.
Remove Activities and Dining Committees
7.
Remove Ambassadors (This has already been
transferred to Director of Activities)
8.
Article VII – Amendments: Any, or
all, of these by-laws may be amended in accordance with the Code of Virginia Section
13.1-301.2. Adoption, change or repeal
of bylaws; subject matter. By-laws
may be amended by a majority vote of the Executive Board; or two-thirds of the
Association members at a special or regular Association meeting; or by
two-thirds of the Association members through mail ballot.
A STUDY ON THE NEED TO REGULATE INDEPENDENT LIVING IN 55+ SENIOR COMMUNITIES IN VIRGINIA
Prepared by the Legacy at Imperial Village
Tenants Association Board of Directors:
·
Janet Smith, President and Boxwood
Tower Advocate
·
D’eborah Harrison, Vice President and
Boxwood Tower Advocate
·
Paula Thrasher, Treasurer and
Camellia Tower Advocate
·
Mark Childress, Secretary and Azalea
Tower Advocate
·
Bobby Bowen, Azalea Tower Advocate
·
Joan McCoy, Camellia Tower Advocate
·
Johnnie Long, Camellia Tower Advocate
·
Johnetta Burns, Dogwood Tower Advocate
·
Kim Kreger, Dogwood Tower Advocate
TABLE
OF CONTENTS
BACKGROUND/HISTORY
·
HJ118
·
Definition of Independent Living – HD6
·
Background on Owners
·
Ageism in Senior Living Communities
THE ISSUES/RECOMMENDATIONS
·
Security
·
Security Deposits v. Community Fees
·
Leases
·
Housing the Homeless and the Needy
·
COVID-19
·
City Inspector
·
Water Leaks
·
Smoke Detectors and Carbon Monoxide
Detectors
·
24-Hour Notice for Management to Enter
Apartments
·
Laundry Facilities
·
Tenants Associations and Board of
Directors
·
Food Insecurity
·
Heat
·
Roaches and Bedbugs
·
Assess Sizeable Fines for False
Advertising
·
Rent Cap
·
On site Manager and Maintenance Technician
·
Part-time Social Worker
·
Age Limits
·
Long Term Ombudsman
·
Fair Housing Training
·
Fines
OTHER RECOMMENDATIONS
BACKGROUND/HISTORY:
HJ118:
In 2018, the State Legislature passed HJ118, sponsored
by The Honorable Robert B. Bell of Charlottesville. HJ118 required the Department of Social
Services to conduct a study to determine whether Independent Living facilities
needed to be regulated by the Commonwealth.
The resulting study was sent by Governor Northam to every legislator in
the Commonwealth on January 30, 2019.
Since that time, the study appears to be dead in the water.
Definition of Independent Living, HD6: The DSS study found in the senior living
market, there is ambiguity surrounding the term “independent living.” The study went on to define independent
living as: “Independent living community means any congregate housing reserved
for tenants aged 55 and older who do not require assistance of daily living
from community staff members. Independent
living communities provide two or more services, such as meals, transportation,
laundry or housekeeping for their tenants.
However, they do not provide nursing or medical care, medication
administration, assistance with medication administration, or assistance with
activities of daily living. A tenant, or
representative acting on his behalf, may contact the above services through
third-party providers.”
In our community, the facility’s employees are doling
out medications, helping people take showers, doing tenants’ laundry, cleaning
their apartments, and providing delivery of meals—all for a fee of course. It is not quite clear if there are certified
Med Techs to give out medications. There
are aides who monitor this service, but on several occasions the aides have
been seen taking the person’s meds out of her pocket (in a napkin) and had the tenant
take the medication. This warrants
further investigation.
Also included in this definition are independent
living communities which oversee tenants either through daily check-ins or
emergency call systems monitored by community staff. Additionally, DSS staff found the language
used in advertisements and on websites to be ambiguous and easy to
misinterpret. The study stated that to be labeled as an independent living
facility, a community must provide two or more services to tenants, such as
meals, transportation, housekeeping, and daily check-ins. Recently, the three restaurants were closed
on the weekend due to staff shortages.
Of course, they recently let go at least two excellent employees in the
restaurants. As far as we can ascertain,
tenants who have meal plans were not reimbursed for meals for these days.
Background
on Owners: For over 50 years the facility was owned by
Daniel Corp. In 2021, it was sold to
Brentwood Investment Group of Lakewood, New Jersey. A new management company, BSA, was brought in
to manage the facility. It has steadily
gone downhill since then. The first thing they did was to shut down the
Assisted Living and Memory Care units.
The Richmond Times Dispatch published an article New owner of
Imperial Plaza to move out assisted living tenants to make way for senior
apartments (richmond.com). Since then,
the facility has invested in revamping that building for senior
apartments. They hired a contractor to
refurbish two floors and plan to bring back one floor of Assisted Living and
one floor of Memory Care. The other
three floors are dedicated to Independent Living. Only tenants who live in Independent Living
can move into these units. In the other
buildings, new coats of paint, furniture in the lobbies, new flooring and new
artwork were installed. The owners have
invested no money in fixing infrastructure such as bursting pipes.
Ageism in Senior Living Communities: Several experts agree that Ageism is the new
discrimination. In Virginia, senior
citizens are a protected class when it comes to renting. In our facility, complaints are heard
constantly from the tenants: “They think I’m stupid because I’m elderly,” or
“They think they can lie to us because we don’t know any better because of our
age.”
In
her recent book, Ageism Unmasked: Exploring Age Bias, and How to End It,
Tracey Gendron, PhD, tackles ageism from a gerontologic point of view. Dr. Gendron is the Executive Director at the
Virginia Center on Aging and Chair of Gerontology at Virginia Commonwealth
University. Dr. Gendron’s goal is “To
understand, raise awareness and disrupt the deeply embedded, normalized and
invisible ageism that is within us all. Disrupting ageism in research involves
examining inequity and discrimination and their impact on behaviors, thoughts,
and actions. Other research areas are elderhood, trauma-informed care
approaches, workforce development, training and professional identity and
community engaged research.”
Worldwide ranking as the best countries for
elderly people to live in places the United States at 28th out of
102 countries. [World's
Best (And Worst) Countries For Older People To Live In, 2020 - CEOWORLD
magazine.]
Security: Our community is touted as a “gated
community.” The facility advertises that
there is security at the front gate from 8:00 a.m. to 8:00 p.m. At night, the gates at the entrance are down
and a button is provided to gain access.
Recently ambulances and fire trucks have had problems gaining access
waiting for someone to respond and open the gates. On
several recent weekends, there has been no security at the entrance to the
facility. The gate is left open for anyone to enter. We have had instances
where squatters were found in empty apartments.
At least one tenant has a restraining order against her husband. She informed the facility when she moved in
and was assured that she would be safe.
When she confronted the rental agent regarding this, he told her that he
had “only been here 90 days.” On other occasions, people who do not live here
have merely walked in. Our facility had pull cords in each apartment
until earlier this year when they removed the pull cords and offered a medical
alert system –at a cost, of course.
After six months, the fee for this service increased by $9.00 per month. Many units are being returned. On several occasions, there has been no
security at the gate at 11:00 a.m. The
gate has been left up for anyone to enter.
Recommendation: If a senior living facility advertises 24/7 security, they should ensure that the facility is manned 24/7. Sizeable fines should be assessed for breaches of this service.
Security deposit vs community fees: In our community, no deposits are required. Instead, “Community Fees” are charged. These fees, according to the landlord, helps cover cost of courtesy buses, trips to the grocery stores and pharmacies. [This is verbal; not in the lease.] In interviewing new tenants and reading their leases, the community fees differ in amount, depending on what each lessee can afford to pay. The difference in a security deposit and community fees is community fees do not have to be put in an escrow account to accrue interest until the tenant moves. Community fees are spendable upon receipt. Some tenants pay $100.00 in fees; others paid up to $1800 to $2000. Some pay none at all. Recently, the bus trips have been scaled back from 3 trips a week to two; then the service was cut to one trip per week and a fee of $7.00 per trip is charged. Also, a surcharge has been added to activity trips due to the cost of rising gasoline for the buses. Actually, since COVID has waned, the price of gas has decreased. Again, services are offered for a fee. Tenants are charged different rental rates for the same apartments. Basically, they are charged what they can afford. Everyone gets a different deal.
Recommendation: § 55.1-1204 of the Code of Virginia states, “The landlord may collect a security deposit in an amount that does not exceed a total amount equal to two months of rent;” Make it illegal to charge community fees in lieu of a security deposit. Ensure deposits comply with current state law and are put into escrow accounts.
Leases: Several tenants in the past year have either not gotten a copy of their lease or an incomplete copy of the lease. They have received the part of the lease that outlines the tenant’s responsibilities, but details outlining the landlord’s responsibilities are missing. The tenants are not given a copy of the “Virginia Statement Tenants Rights and Responsibilities” to read and sign. (Several copies of recent leases are available for review.) The “Virginia Statement of Tenants Rights and Responsibilities” requirement went into effect July 1, 2020.
Recommendation: Make it illegal to withhold all or part of a
lease from a tenant. Assess fines to a
landlord who fails to give a tenant a complete lease.
Housing the Homeless, Needy and Hungry: On a few occasions, tenants have moved in
with absolutely nothing. One tenant
moved in with nothing but the clothes on his back and his dog. He was sleeping on the floor. The Tenants’ Association Board of Directors got
together and within one day had collected, for him, clothes, a bed, dishes,
towels and linens, food and dog food for him and his dog.
Recommendation:
Ensure that applicants can afford the rent.
If they can’t (and this is where a social worker comes into play) have a
staff member assist them in applying for necessary assistance. Otherwise, fellow tenants bear the burden for
their care. If potential tenants cannot
afford the rent, they should be referred to other facilities.
COVID-19: On two separate occasions, the Health
Department was called to intervene because management was not notifying tenants
that COVID-19 was in the community.
According to the Health Department, if a facility is considered
Independent Living, the facility can use its own judgment if there are three or
fewer cases. Four cases are considered
an outbreak. Twice, the Health
Department had to contact our facility to remind them to notify tenants that
COVID was present. The landlord put up a
notice on the local community station but did not say that COVID was in the
community. The notice said it was in
“the Richmond area.” They did encourage
our tenants to wear masks outside their apartments.
Recommendation: Assess fines on facilities who do not notify tenants
that there is COVID in the community.
City Inspector: On at least three occasions, the City
Inspector’s Office was contacted regarding deficiencies in the facility. It took three months to get the Inspectors to
the facility the first time. They are
supposed to respond between one and seven business days. A call to the Inspector resulted in the
tenant being told, “I talked to Mr. Wilkins (Regional Operations Manager) and
he said they don’t have any problems over there.” The tenant responded, “If we have no
problems, why am I in the garage in the smoking area sitting in three inches of
water.” After several emails from the President
of the Tenants Association, the City Inspector’s Office finally visited and
found several violations. The first item
on the agenda was Fire Exit signs. Most
of them were out. Also, leaks were
present in the garages, and when the repairs were ordered, the valves broke off
in the maintenance technician’s hand.
Recommendation:
Increase the fines for
non-compliance. In instances of
complaints by tenants of senior facilities, cut the response time from seven
days to three days.
Water Leaks: This is a constant. The garages are constantly full of
water. This is a slip and fall situation,
not to mention a draw for mosquitoes and mold.
Continuous standing water takes a toll on the concrete. Recently the smoking area, in the basement of
one of the buildings, was flooded.
Nothing was done except to pump the water out of the area, but it kept
coming back. The Director of the
Property told the maintenance staff that it flooded every time it rained. This is not entirely true. After almost two weeks of flooding, a
contractor was called in and discovered an underground pipe was leaking. An incident occurred when one woman was
walking down the sidewalk outside the garage to avoid the water in the
garage. A power cord was lying across
the sidewalk. The front wheels of her
rollator cleared the cord; the rear wheels did not. The woman fell and ended up with a gash in
her knee. And her rollator was destroyed
in the process. This problem took
approximately seven weeks to fix. On
November 11, 2022, a huge leak was discovered (it impacted several apartments)
and contractors had to come in and fix it.
On Christmas Eve, 2022, a huge water leak occurred in
one of the garages. Then the sprinkler
system in another garage went off. With
temperatures dipping in the teens, excess water froze creating a slip and fall
situation. Management did get the
maintenance crew and the sprinkler contractor out to fix the situation. Additionally, the fire department made an
appearance. We refer to this as “The
Nightmare Before Christmas.”
Recommendation: Require
landlords to fix water leaks immediately (1 week limit) and assess fines for
non-compliance. Ensure that potentially
dangerous situations are marked with cones or tape for safety of tenants.
Smoke Detectors and Carbon Monoxide
Detectors: This
has been a constant issue here at the facility.
When batteries in the detectors get weak, they start “chirping.” Calls to Maintenance resulted in tenants
being told that they were out of batteries, and they are on order. This went on for several months. Many tenants have taken brooms and knocked
the alarms off the walls because the chirping is irritating. Maintenance has said they have batteries now
but have done nothing to replace them unless we call them again. Again, if a fire occurs, there is no warning
to the tenants. State law states that
detectors are to be inspected at least once a year and a certification letter
be given to the tenants. This is not
happening.
Recommendation:
Assess sizeable fines for non-working detectors. This is perhaps the most important safety
feature seniors have.
24-Hour Notice for Management to Enter
Apartments: Unless it is
an emergency or unless a tenant has asked for Maintenance, State law requires
that 24-hour notice be given by the facility to enter apartments. Recently, the facility changed television
providers and had the entire facility re-wired.
During the transition, the wiring was only included in rooms where
televisions were present. The facility’s
Resident Coordinators were going door-to-door wanting to check the
apartments. No notice was given. One female tenant came out of the shower in a
towel and the male Coordinator was in her apartment. She was justifiably upset. Another tenant was visiting a tenant in
another building when the door opened, and the female coordinator entered. The tenant asked what was going on. She was told, “I thought I heard him
fall.” The tenant did not fall. The coordinator was told that the tenant did
not fall. She then went on to relate
that she had to check the apartment wiring.
The visiting tenant told the coordinator that she had to give 24-hours’
notice to enter the apartment for this purpose.
The coordinator replied, “Steve [Wilkins] (Facility Manager) wants this
done by 3 o’clock today.” The visiting
tenant had her wait at the door to alert the tenant and get his permission. He agreed and the coordinator was allowed to
enter. This happens all the time.
Recommendation: Again, assess sizeable
fines for non-compliance.
Laundry facilities: This has been going on for at least two years
or more. Each building has laundry rooms
and each originally had five washers and five dryers for over 200 people in the
building. Now most of the laundry rooms
are down to three washers and two dryers, if we are lucky. In one building, we
have three washers and one dryer. People are setting clocks to get up in the
middle of the night to get their laundry done.
A recent article stated that laundry piling up attracts roaches and can
harbor viruses (such as flu and COVID,) as well as cockroaches and
bedbugs. The President
of the Tenants’ Association sent a letter to Management on November 7, 2022,
providing data on why the laundry facilities need to be fixed/upgraded. (Copy available.)
Recommendation: Have a minimum requirement for washers and
dryers to comply with industry standard (if they are promised in the lease.) The
industry standard is a minimum of 1 washer and one dryer for every 25-40 rental
units in high rise buildings for senior citizens. Assess fines if the machines are not fixed or
replaced in one week. The Tenants
Association Board of Directors recommended contracting this out, with tenants
paying for laundry. This way, the
contractor will fix and replace non-working machines.
Tenants’ Associations and Board of Directors: Our facility had a Resident Association and Resident
Council for twenty-five years. The
function of the Council was to act as a liaison with Management to resolve
issues. At the Council’s February 2022
meeting, the President of the Management Company and Director of the facility
met to discuss the perspective of the Council’s function here in the
community. Management informed us that
we did not have a Residents Association.
We informed them that we do, and the Council was the governing board for
the Association. We were also told that
we were not allowed to have any contact with the tenants unless management
approved it. We tried to do a survey;
management confiscated the surveys, and the Residents Association President was
told by the Activities Director that the Facility Director “did not want them
out there and would not give them back.” At the same meeting the facility director
said, “We don’t get federal money, so we don’t have to follow federal
law.” Almost everyone who lives here
receives federal money to pay their rent, either SSI, SSD, or Social Security. Regardless, the facility is obligated to
follow federal, state, and local laws.
On another occasion, the Facility Manager sent another
tenant to threaten the Secretary (now President of the Tenants’ Association.) He didn’t like something she put in the
minutes and told the tenant to tell the Secretary, “If she doesn’t ratchet it
back, I’m going to make it personal.” It
is against the law to threaten a tenant.
Recommendation: It is illegal for a landlord to interfere
with a Tenants’ Association. Hold
landlords accountable and assess appropriate fines for infractions.
Food Insecurity: One of the tenants, a pastor, began giving
out food as a part of his ministry. When
the Board discovered how many people were experiencing food insecurity, the Board
decided to hold quarterly raffles to supplement this program. The money raised buys food and pays for gas
for tenants to go pick up free food given out by churches. Since the pastor passed away, our Board of
Directors has picked up the project. Our
Board President gets free food every month from her insurance company and uses
this to make soup for distribution. She
also takes any leftover food from the food bank to make meals to supplement tenants’
food stores, again by making soup and other meals and distributing them. Last year on Christmas, she distributed
between eight and 12 meals for those who have no families. This year, we served Thanksgiving dinner to
approximately two dozen tenants who had nowhere to go and could not afford the
buffet in the facility restaurant.
Recommendation: Require landlords to leave a minimum percentage
per month for a tenant to buy food and medicine or refer prospective tenants to
other facilities.
Heat: State and City of Richmond Code requires that
boiler heating systems be turned on no later than October 15 of each year. If the ambient temperature is comfortable,
the landlord can petition the City Inspector’s Office to extend the deadline
for up to two weeks. On October 14, a
tenant was told by the Maintenance Director that “Corporate” had just signed
off on turning on the heat and it would be at least the 18th or 19th
of October before it was turned on. The
temperature was 39 degrees at 8:00 a.m. on the 18th, with a wind
chill of 36 degrees. Several tenants
called RVA 911, who passed on the complaint to the City Inspector’s
Office. RVA 911 received so many
complaints that they quit taking complaints and giving confirmation
numbers. Tenants were informed that the
City would try to force the facility to turn on the heat on the 18th;
if the facility did not comply, the City would send out a team to turn it
on. Most of the tenants have circulation
problems and others are on blood thinners.
They are cold when it’s 70 degrees.
It is critical for them to have heat.
The windows in the Boxwood building leak air due to deteriorating
caulking and tenants have to buy electric blankets or heaters to keep warm. Some tenants use their ovens to keep warm. This is unsafe. Some tenants have no stoves hooked up because
they are gas powered and the tenants don’t cook. During the recent heat wave, the registers in
the apartments were pouring out heat for the entire weekend. When maintenance turned the heat on, they had
to do it manually and failed to reset the control panel. The temperatures were at least 85 degrees in
the apartments. This could have caused
heat distress for the elderly tenants. It
can also cause convulsions in those with epilepsy. (Heat exhaustion - Symptoms and causes
- Mayo Clinic.) It should be
noted that no preventative maintenance has been done on the individual
heating/air conditioning units in years.
Some tenants have had their filters changed only once in five years. Scores of tenants are having units leak
(large leaks) in their apartments. One
woman in the past few days was up all-night cleaning up water because no one
was on site to do this. Unfortunately,
three of the buildings are on a very old boiler system.
Recommendation: Require landlords to perform all preventive
maintenance on heating/air conditioning units and assess sizable fines to those
who do not. If the old systems do not
function properly, require landlords to update the systems. Normally capital outlay expenses can be
amortized over years.
Roaches and Bedbugs: We have occasional outbreaks of bedbugs. The facility is quick to respond most of the
time. Part of the problem is people move
in or out and bring the bugs with them when they move in; when they move out,
mattresses are left on the loading docks for disposal. Sometimes they sit there for weeks. The roaches are a huge problem. They are in the walls. Spotless apartments have roaches coming in
through the electrical outlets. Of
course, we have tenants who are not very clean, and this adds to the problem. The facility used to do periodic
inspections. This has not been done in
at least one year. I turned on my oven, and roaches ran
everywhere. The problem has exacerbated
in the past year and most tenants are impacted by the problem. One tenant said that the roaches run faster
than the elevators. The facility offers
extermination one day per month. They
spray the bathrooms, by the refrigerators and stoves. Evidently more needs to be done. A recent article in the Richmond Free
Press described how City councilwoman Stephanie Lynch plans to introduce a
proposal in January 2023 that would require the City to inspect apartment
buildings in the City every four years.
The LIV Tenants Association supports this proposal.
Recommendation:
Make landlords accountable for getting the roaches under control. Assess sizeable fines for non-compliance.
Assess Sizeable Fines for False Advertising: The facility made a commercial this past
Spring advertising the facility. The
manager said that “we have a bank and a pharmacy.” This is blatantly untrue and was not true at
the time he said it. We have an ATM that
charges a $5.99 fee and Bremo Pharmacy delivers prescriptions to tenants who sign
up for the service. Recently a pharmacy
was contracted for the facility, but they have yet to open. The facility also put up a huge sign on the
side of the building that said it “was number one” in senior living in the
area. The tenants would beg to differ.
Recommendation:
Hold landlords accountable for false advertising (elder fraud) by having
Long Term Ombudsman contact the Attorney General’s Office.
Rent cap: The state of Virginia has no rent cap at this
time. Until a few years ago, our
landlord was charging a $250.00 flat late fee on rents paid after the fifth of
the month. Due to legislation being
passed, now landlords can only charge ten percent of the unpaid balance.
Recommendation: A rent cap should be implemented so senior
citizens are not priced out of their apartments. Currently, some tenants are spending 75-85%
of their monthly income on rent and utilities.
The average is 30-50%. This
leaves very little for medication co-pays or food. Require landlords to ensure prospective
tenants have at least 20% of their income for food. If this is not possible, they need to find
other housing. Additionally, the Board
President plans to meet with Management in the next week or so to review
several items, one of which will be to recommend no rent increase this
year. Services have been cut y at least 75
percent this year. No increase is
warranted.
On site manager and maintenance staff: At this time there are approximately 900
units in this facility. Over 700 are
occupied. The facility is advertising a
90 percent occupancy rate. If an
emergency happens, a call must be made to a security staffer who then contacts
the facility manager or maintenance manager to report the issue. A decision is then made as what course to
take. Fridays are horrendous. If something major (such as a leak) breaks on
Friday, it is left until the next Monday for attention. This does not mean it is fixed; it is just
acknowledged. All we hear is, “We’re
working on it;” or “Thank you for your patience;” or “We appreciate your
cooperation.”
Recommendation: In facilities with over 400 units, at least
one tenant manager and tenant maintenance tech should live on-site to assess
emergency situations during non-business hours.
Part time social worker: Our facility used to have a part-time social
worker, a student who worked to help the tenants wade through social programs
available to help them. Three to four
years ago, he either graduated or was let go.
This is something we desperately need to get back. Our Board of Directors President tries to
help people apply for food stamps and other services, but really does not have
the time available to wade through the process.
A grad student could do this as an intern and get graded on it for his/her
program.
Recommendation: In facilities with over 400 units, a
part-time social worker should be on site to help those who need assistance
with applying for Medicaid and Food Stamps, report issues to Adult Protective
Services, etc.
Age
limits: Five years ago, the minimum age limit was 62
years of age. Last year, it changed to
55. Now tenants are moving in at age
50. There is also one instance where
people younger than 50 are living here on a two-month lease. The facility is
now advertising as a “50 plus community.” We understand that the 80/20 rule
applies here.
Recommendation:
Determine what Senior Living is and is not. While AARP considers persons 50 and over
seniors, most facilities use age 55.
Pick a number and stick with it.
Long term ombudsman: An ombudsman is someone appointed to investigate
complaints against an institution and seek resolutions to those
complaints. The primary
duties of an organizational ombudsman are (1) to work with individuals
and groups in an organization to explore and assist them in determining options
to help resolve conflicts, problematic issues, or concerns, and (2) to
bring systemic concerns to the attention of the organization for
resolution. Currently, there is no
long-term ombudsman for independent living.
This is sorely needed.
Recommendation: A long-term ombudsman
should be appointed to receive and investigate complaints from Independent
Living tenants and to work toward a resolution between those tenants and the
landlord. It’s almost impossible to wade
through all the State agencies to contact the right agency to address issues.
The ombudsman would be a “one-stop shop.”
For issues regarding City of Richmond Compliance, the tenants can use
RVA311.
Fair Housing Training: This training is available online through
DPOR (Virginia Department of Professional and Occupational Regulation) and is
conducted by the Virginia Fair Housing Center.
Our Board President recently attended the online training and received a
certification. She asked one of the
Management staff if she had attended the training. Her response was, “What is that?”
Recommendation:
Make it a requirement that all management, maintenance, and sales staff
participate in the DPOR/Fair Housing Training annually to ensure they are
educated in Fair Housing law. This
ensures that employees have the right to not break the law if they are directed
by management to do so. Also include
verbiage that they are in no danger of losing their jobs if they refuse to
break the law. Landlords are required by
Fair Housing Law to inform tenants of their rights under the law. This is not being done, and when the Board attempts
to do this, Management has told the Board they are not allowed to communicate
with the tenants unless Management approves it.
The Tenants’ Association at Legacy at Imperial Village
agrees with the DSS study and ask that the recommendations be enacted. We also ask that the following additional
requirements be included in any new legislation:
Tenants who move in and find that the facility is not
what they were promised are required to give two months’ notice to move
out. In cases where they are
deliberately misled, the notice should be reduced to 14 days. They should have been given information when
they move in as to who they can contact to remedy this situation. They should also be reimbursed for their
security deposits (community fees.)
Many of the above issues can be corrected with
enforcement. Others need to be
integrated into the law (Virginia Residential Landlord Tenant Act, §
55.1-1200.)
Our study has backup data, which
is available, or can be obtained, upon request.
** It should be noted that
on December 8, 2022, the Tenants Association held a meeting, and the by-laws
were amended as follows:
·
The Resident Association was renamed a
Tenants Association.
·
The Resident Council was renamed the Board
of Directors.
·
These changes are reflected in this study.
These amendments were done to comply with state
law. Tenants Associations have some
protections in the State Code; Resident Councils are only protected under
Assisted Living and Nursing Home legislation.
It should also be noted that a delegation from our
Dogwood Tower met with Management recently to address several complaints. The response from Management justified the
lack of services due to lack of budget and lack of staff. They maintain they are doing the best they
can. Federal, state and local housing
laws and regulations do not say that landlords can stop following the law
because of lack of staff or money and the best they can is enough. Laws state it must be done.
Should you have any questions regarding this study, please
address them to the Tenants Association Board President, Janet Smith. Phone: (804) 551-8915. Email: gran33smith@gmail.com. She has any backup materials and can answer
any questions you may have. Email is her
preferred choice due to her busy schedule here in the community.
“Our society must make it right and possible for old people not to fear
the young or be deserted by them, for the test of a civilization is the way
that it cares for its helpless members.”
- Pearl S. Buck
“The true measure of any society
can be found in how it treats its most vulnerable members.” - Mahatma Gandhi
“The true measure of a society is how we
treat our children, the elderly, disabled and poor.” - Virginia Legal Aid Society
Ageism is not about older people; aging is
about all of us through our entire life. - Dr. Tracey Gendron, Chair,
VCU Department of Gerontology and Director of Virginia Center on Aging – Author
of “Ageism Unmasked, Exploring Age Bias and How to End It”
Copy: The
Honorable Glenn Youngkin, Governor of Virginia
The Honorable Ghazala
Hashmi, State Senator
The Honorable Jeffrey M,
Bourne, State Representative
The Honorable Robert B. Bell,
State Representative
The Honorable Marcia
Price, State Representative
The
Honorable Jason Miyares, Attorney General of Virginia
Councilwoman
Ann-Frances Lambert, City of Richmond
Councilwoman Stephanie A.
Lynch, City of Richmond
Kevin
J. Vonck, Richmond City Inspector’s Office
The Honorable Danny TK
Avula, Director Virginia Department of Social Services
Mally Mason, Virginia Department
of Professional and Occupational Regulation
Christine E. Marra, Esq.,
Virginia Poverty Law Center
Emily Hardy, Esq.,
Virginia Poverty Law Center
