Saturday, July 22, 2023

INDICTMENT OF OWNERS FOR CRIMES AGAINST THE ELDERLY

 On July 15, we held a protest/ press conference in front of the property.  Here are my remarks:

PURPOSE

The Board of Directors of the Tenants’ Association (LIV TA) at Legacy at Imperial Village is holding this press conference today to present our public indictment of LIV owners for crimes against the elderly.  As you are not doubt aware, elderliness is a protected class in the Commonwealth of Virginia. 

INTRODUCTION

Neglect and abuse of the elderly is not new.  In 44 BCE, Cicero stated: “Old age will only be respected if it fights for itself, maintains its rights … and asserts control over its own to its last breath.”

And in the 20th century, Pearl S. Buck, author of The Good Earth said, “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.” 

GENERAL ALLEGATIONS

Since the facility was sold two years ago, the habitability of the facility has plummeted.  The same management team is in place; however, the management team is obviously not empowered to make decisions that affect the tenants in a timely and efficient manner.                

COUNT 1

Most recently (June) our restaurant was closed until further notice.  Many of our tenants depended on the restaurant for their meals.  The most recent target date to reopen with a new vendor is August 1.  The kitchen must be cleaned and sanitized.  I recently toured the restaurant kitchen and cleanliness was nonexistent.  Some equipment does not work.   The most recent inspection, a follow-up inspection on May 24 by the Health Department, showed that everything had been corrected except for one light over the sink.  The pictures in your packet will show that between May 24th and the first of June when the restaurant was closed, there was no way the kitchen would have passed the State DOH Inspection.

COUNT 2

From June 30 through July 8, there was sporadic or no air conditioning at the facility.  Temperatures were well over 90 degrees in the apartments, hallways, and common areas.  The heat index was at least 100 degrees.  There is a plethora of health issues in this facility that are impacted by the heat.  We have people with epilepsy, breathing issues, MS, heart conditions, etc.   Dehydration is also a factor.

COUNT 3

Our laundry facilities are almost nonexistent.  A study by the TA Board was sent to management on November 7, 2022, outlining the industry standard for the number of washers and dryers needed in each building.  This problem dates back two years.  I was promised that washers and dryers would be installed by a vendor by July 1.  If a vendor could not be found, management would go out and purchase sufficient washers and dryers. That still has not come to fruition.  A recent update from one manager said that the contract with a vendor had finally been signed by Corporate in New Jersey, but no date has been set in concrete.  An email from his boss stated that the owners wanted more bids.

COUNT 4

The facility was infested with roaches and bed bugs. The roaches are fairly under control.  However, the bedbug treatment involves a process. The last step in the treatment process is for tenants to take their linens and clothing to the laundry room and run them through the dryers to eliminate any lingering pests.  This is next to impossible due to the lack of dryers.  Tenants are up all hours of the night taking their laundry to other buildings to get their laundry done. 

COUNT 5

Security has been eliminated, and as a result, crime in the facility is up.  Drug deals are being made in the garages and laundry rooms, as well as in apartments.  Tenants are drunk all over the place, abusive to their neighbors.  Tenants are being assaulted and robbed.  Just last night police were here again because of a drunken woman, who is drunk every day screaming and swearing at other tenants.  Management tells us to call the police; police tell us to contact management.

Just yesterday, I got a report of squatters in D building.  I went over to check it out.  I grabbed one of the maintenance men who was on the first floor.  We went up and the lock was broken on the door.  The place was full of trash and clothes.  The bathrooms and kitchen were filthy.  Management was not aware of the squatters until our maintenance man told him. 

COUNT 6

The bank is gone.  All that is left is an ATM that charges $6.99 for cash.

 COUNT 7

The pharmacy is gone.  A third-party health care vendor has been brought in to handle prescriptions and health care.

COUNT 8

Courtesy buses to shopping centers were reduced from four days per week to one day per week, and from free to $7 per trip.

COUNT 9

Medical buses have been eliminated.  Tenants must use outside services.

COUNT 10

Key staff of the facility has decreased by approximately one half.  The Maintenance Director just resigned last week; the assistant director, a plumber, just gave his two-week notice.  That leaves two maintenance men, and a boiler technician to handle maintenance; there is a part-time college student to handle odds and ends.  He will be leaving soon.  Other support staff have been let go or had hours cut, as well.

 COUNT 11

The cleanliness of the facility has declined.  For a while, garbage was piling up in the trash rooms.  This has improved.  The garages are filthy.  Dirt is tracked into apartments making the carpets disgusting.  The laundry rooms are dirty.  Our best housekeeper was let go; the second best, who had been here almost 25 years, quit in protest.  A third-party vendor has been hired to clean the facility and is working diligently to catch up.

COUNT 12

The Tenant’s Association has been forced to take over the responsibility of feeding the tenants via LIV Tenants Association Food Bank and distribution of soup and sandwiches for those who depended on the restaurant for their meals. The Bingo Committee has also begun feeding tenants at Bingo and collecting nonperishable food items for the food bank.  We are also receiving donations from churches.  The Food Bank will continue to disburse food two days per week, but the soup and sandwich distribution ends today. 

COUNT 13

The Tenant’s Association has also taken over the USPS package delivery for the facility to ensure tenants receive their medications, most of whom are veterans, and to make sure tenants’ packages are not stolen.  This service was discontinued by Management a few months ago.

COUNT 14

Elevators in 2 buildings are down.  One has been down for at least 2 months--the part has been ordered according to management.  The other elevator has been down for two weeks.  The doors are bent and must be replaced or removed to get straightened.  We recently advised Management that the one working elevator in B building sounds like it is about to die.  They said they would have Otis check it out.  Three buildings have nine floors; one building has 13 floors.  If both elevators are out, we are in trouble.  Most of the tenants depend on walkers and power chairs for mobility.  Plus, emergency personnel would have to use stairs to respond.  Emergency personnel are a constant here.

COUNT 15

People who moved in in November still do not have window blinds.  They are “On order.”  For eight months?

 COUNT 16

Fire Extinguishers in the halls have not been examined in 4 months.  This is required by state law to be done monthly.  This was scheduled to begin July 10 per management.

COUNT 17

Smoke detectors are off the walls in many apartments and not working.  Maintenance is working on them as they get to them.  Smoke detectors were not maintained due to lack of batteries.  Management was advised on January 12th of the law.  This should have been a priority.  Six months later it is not completed.  I recently had a tenant tell me she had her battery replaced in her smoke detector, and an hour later it began “chirping.”  The battery was bad.

COUNT 18

Filters in A/C and heating units are being replaced by Maintenance as they can get to them.  They were out of filters – again, “On order.”  My filter had not been changed in over three years.   Heating/air conditioning units are leaking and flooding apartments.  One tenant’s ceiling in her bathroom fell in.  They fixed the ceiling but not the leak that caused it.  Six weeks later, this is still being worked on.  She had to go to her son’s to get a shower.  She was without a shower for four days.

COUNT 19

Cable and internet are not working in some apartments.  The cable is included in the rent.  The Internet is paid for by tenants.  I was told to scan the channels.  I did this three times; a friend did it three times; and an employee did it twice.  I asked that Direct TV come out to fix it.  To date, this has not happened.

COUNT 20

Smoke doors are not working properly. The Fire Marshall recently inspected the facility and items had to be removed from the garages and stored somewhere else.

COUNT 21

The owners sold a piece of land on this property to themselves and hired a developer to build an income-based housing project next to LIV.  Construction is due to begin in 2024 and be completed in 2025.  I was aware of this project before the management team was advised.  Obviously, the owners are not communicating with Management.

COUNT 22

Every toilet in the facility was replaced without making sure the plumbing was maintained.  The plumbing leaks like a sieve, so all the water saved by the new toilets goes “down the toilet” when the pipes break or leak.  On Christmas Eve, 2022, we had a flood in one of the garages.  This has been nicknamed “The nightmare before Christmas.”  That same night, the sprinkler system in another building went off, flooding the garage.  A leak in one apartment can result in leaks all the way down to the first floor due to the way the plumbing is installed.  When we have heavy rain, the garages are flooded.  Just this past Tuesday night, a pipe broke, flooding one of the garages.  The water came from the chiller that keeps the air conditioning running.

COUNT 23

Preventive maintenance has been non-existent for at least the past two years.  Parts for showers are “on order.”  Air filters, batteries, and valves for the showers are always “on order.”  Even trash can liners are “on order.”

COUNT 24

When the owners first bought the facility, they evicted everyone in the assisted living facility.  It has been remodeled and is quite nice.  However, they used the improvements for refinancing and now the lender will not approve the opening of the facility.  Thousands and thousands of dollars were used for this project and there is no Return on Investment.  That money would have been of better use fixing the plumbing infrastructure or the chillers and pumps.  From what I’ve been told, there are no back-up chillers or pumps.

COUNT 25

Since December 2019, per SCC records, Brentwood Investment Group of Lakewood, New Jersey, the owners, have purchased almost 30 properties throughout the Commonwealth.  There is a list in your press packet.  Our concern is whether the other facilities they own are in the same shape as this one.

EFFORTS ON THE PART OF THE TENANTS’ ASSOCIATION

Prior to December 2022, we did not have a Tenants’ Association.  We merely had a Resident Council, whose main function was to raise funds for the facility’s employees’ Christmas bonuses. My predecessor eliminated that.  Under State law, Resident Councils have no protection under law except in nursing homes and assisted living facilities.  So, in December, at a Resident’s Association meeting, the tenants voted unanimously to convert to a Tenants’ Association, which has more protections under the law.

We met with management on January 12 and discussed the issues that needed their attention.  They were given copies of laws that were being violated.  We recently sent them the most recent laws affecting tenants that went into effect on July 1, 2023. 

On January 1, 2023, The Tenants’ Association sent a report to several State and City Officials, as well as the Governor and Senator Ghazala Hashmi.  Senator Hashmi visited us in May and will be working on getting some of our recommendations and those in a 2018 Study by DSS implemented into the VRLTA.  The DSS study is known as HD6.  There are copies in your press packet, along with the Association’s study.

We have worked with Management for the past several months to try to get these issues resolved.  While we can understand that Management has a commitment to those who sign their paychecks, at some point a moral compass must come into play.  The managers show apartments and do manual labor, in addition to their other managerial duties.  Office staff has been cut.  The maintenance crew is being worked to death.  Industry standard dictates one maintenance tech for every 100 apartments.  And that is if the apartments are in decent shape.  For an older facility such as LIV, the number of techs should be increased.  There are approximately 800 apartments in the facility. 

It should be noted that we are all pulling double duty.  The Tenants’ Association has stepped up to try to fill in the gaps.  The difference is we are elderly and do not get paychecks; and we wear out faster. 

I average at least eight to 12 hours a day working on these issues, liaising with management, and interacting with the tenants.  And I work part-time. My Board members are also working on issues, such as delivering packages and feeding the tenants.  We have monthly Board meetings and monthly Tenants’ Association meetings to keep everyone informed. 

The one thing the owners did in a timely manner this year was to raise the rent.  Rents went down in Richmond by almost 5% last year.  We got fewer services, less maintenance, and a 3.5 percent rent increase.  Now we are being asked to sign new leases.  They are sent digitally.  If we want a paper copy, we must pay $15 in cash, or a check made out to cash because they have to take it to an office supply store to get it copied due to paper size.  I paid for one.  It is legal size paper.  The state code says we are entitled to a copy of the lease.  It does not state that the landlord can charge for it.  And what is the “cash” thing about?

We are not sure what the owners’ business plan was or is, other than the “spaghetti plan.”  Throw it against the wall and see what sticks.

SUMMARY

So today, we are taking a stand against those who come into the Commonwealth from up North, gobble up property, put lipstick on a pig and call it a peacock. They call themselves investors.  In 1865, they would have been called Carpetbaggers.

The one good thing that has come from all this is the Tenants have come together to support each other in the community.  And that is why we are here today—to provide a united front.  The clothespins we wear are a sign of solidarity to protest the lack of washers and dryers.

Maryanne Lee, President of BSA Management, indicated to me in an email that she would be willing to respond to any questions you may have.  I have included her contact information in the press packet.  She also emailed me late Thursday night indicating that the owners would like to talk to the Board.  I took a vote and the Board voted to go ahead with the press conference, but they were receptive to talking to the owners at a later time.

I don’t think the owners and management realize that the people who live here have worked and have a breadth of knowledge that is not available anywhere else.  We have a man who was a plumber and who understands the ancient heating and air conditioning system.  We have a retired Marine gunnery sergeant who worked as a manager for DMV for years.  My background is in business and civil rights.  We have people who worked in food service.  There are people who are still working, some for the State.  When you get these people together, it’s amazing the amount of information that is shared.  We are old, but we haven’t lost our faculties yet.


LIV TENANTS ASSOCIATION COMMUNITY RESOURCE MANUAL

Below are listed some resources in the vicinity of LIV that can be reached by taxi, Uber, or the local bus lines.    GENERAL RESOURCES E...