TRANSLATE

Sunday, December 20, 2009

Behind the Wall - part 6...the cancer spreads

Today I saw another empty dirt lot here.  That makes 13 dirt lots in Upland Cascade Mobile Home Park.  There is also another eviction in the process and that home will probably be empty shortly after the New Year.  Lastly, I noticed that one of our neighbors was packing his belongings into a moving van this morning.  THE CANCER CONTINUES TO SPREAD.

Friday, December 4, 2009

Upland...The City of Gracious Living???

"The U.S. Department of Housing and Urban Development (HUD) periodically requires the City of Upland to prepare and adopt a Consolidated Plan for the City’s CDBG Program. The Consolidated Plan is a long-term strategy for the use of the City’s CDBG funds over the next five years (2005-2010). The Consolidated Plan identifies prioritized programs to assist the City in providing decent housing and suitable living environments, addressing community service and facility needs, and expanding economic opportunities for primarily low and moderate income persons."

"Along with the five year Consolidated Plan, HUD requires an annual Action Plan outlining the City’s uses of CDBG funds for one- year."
(The preceding quote is from a City of Upland Notice of Public hearing f/y 2009/2010.)

Now I would like to address some of the things that the City of Upland has included in these annual Action Plans regarding its Mobile Home Rent Control Program.  

In the 2003/2004 annual report, the City of Upland declares that it "Maintained rent stability for the 860 mobile home occupants."  The city also states that "the Redevelopment Department and the City Clerk's offices received inquiries regarding the Mobile Home Rent Control Ordinance" and that "the Redevelopment Department began the process to amend the City's current Mobile Home Ordinance.  During year five of the Consolidated Plan, the City will have amended its existing Mobile Home Ordinance."


In the 2005/2006 annual report, repeats basically the same thing.  "Maintained rent stability for the 860 mobile home occupants."  The report also states that the City continued to receive "numerous inquiries regarding the Mobile Home Rent Control Ordinance" and that the current rent control ordinance was still in the process of being updated.  A major difference in the 2005/2006 report was that listed under "Lead Agency" was the Upland Redevelopment Department AND the IFHMB (Inland Fair Housing and Mediation Board.)

In the 2006/2007 annual report, under "Accomplishments and Time Frame" the city states "Maintain rent stability for the 860 mobile home occupants; update ordinance by Winter of 2006.


In the 2008/2009 annual report, again under "Accomplishments and Time Frame" the city state "Maintain rent stability for the 860 mobile home occupants" and then says the the ordinance will be updated by Winter of 2008.


In the 2009/2010 annual report, the City of Upland again cuts and pastes its declaration to HUD..."Maintain rent stability for the 860 mobile home occupants" and this time states that the ordinance will be updated by Winter of 2009.

Now, is the City of Upland blind?  How can the City of Upland state that it has maintained rent stability for it mobile home residents when it does not even know how many of us receive the benefit of rent control?  The City does not know how much rent is being charged for each of the 860 mobile home park spaces because it has never conducted a complete and accurate space rent survey and has never surveyed who and who is not on rent control.  In Upland Cascade Mobilehome Park, only a handful of the 188 spaces receive the benefit of rent control yet the City, year after year, continues to state that it maintains rent stability for its 860 mobile home occupants...this simply is not true.  Our space rents continue to skyrocket and the city officials continue to pass the buck or sit on their hands and do nothing.


Is the City of Upland lame?  The City admits that it has received "numerous inquiries regarding the Mobile Home Rent Control Ordinance" and for AT LEAST 7 YEARS claims it is updating the ordinance.  Seven years and still no update to the ordinance and all along many Upland Cascade Mobilehome Park residents have been and continue to be priced out of their homes due to the egregious rents they are being charged...in a City that has rent control.  It is sad to say that at this point in time any updates to the ordinance will be too late for many of us. 


Is the City of Upland mute?  Mayor John Pomierski, Councilmember Brendan Brandt, Councilmember Ray Musser, Councilmember Tom Thomas and Coucilmember Kenneth W. Willis...you know of the abuses that have been taking place behind the walls of Upland Cascade Mobilehome Park yet you say nothing and offer us no assistance other than refer us to your buffer, the Inland Fair Housing and Mediation Board.  IFHMB then 'kowtows' to park management/owners and we are again left out in the cold. (my opinion) It appears that for at least the past 7 years the City of Upland has made inaccurate and erroneous claims in its reports to HUD.  If you cannot/ will not help your City's residents, taxpayers and voters with the problems we are facing then you should at least make an effort to provide truthful and accurate information to other agencies.  Especially if you are asking them for money.  


Residents have asked for help...begged for help yet the City continues to say this is a "civil matter" and there is nothing it can do.  We are low and moderate income residents struggling to make ends meet in the face of exorbitant rents and do not have the resources to take on our park owners in a civil lawsuit.  Our park owners are aware of this and continue to take advantage our situation.  The City of Upland is aware of this and for some reason continues to shamefully turn its back on us hoping that we will just go away.  The information I have provided in this post indicates that for years the City of Upland has actually been a part of the problem rather than a part of the solution to the financial mayhem that is taking place in Upland Cascade Mobilehome Park.  Our efforts have been stymied, patronized and ignored by this city.  How can we make it any clearer that something is terribly wrong here.  Is the City of Upland deaf or does it just have selective hearing?  The City of Upland's motto is "The City of Gracious Living."  To many of its residents, this motto appears only to apply to homeless animals and wealthy developers.  

Wednesday, December 2, 2009

TATUM KAPLAN LONG TERM LEASES...Trojan Horse Contracts

Let's take a look at part of a Tatum-Kaplan long term lease.  To begin with I must say that I am of the opinion that the Tatum Kaplan long term lease is designed to be confusing.  The 10 year lease is nearly 40 pages long and is  filled with hard to understand legalese that masquerades its true intent...and that is to take advantage of any resident who signs it.


Below are pages 3 through 7 of the long term lease or maybe we should call it "the long term legalese."  These pages describe how a resident's annual rent increase is figured.  Five pages that are filled with Tatum-Kaplan's signature legalese that muddily says much but explains little of the truth of what can happen to you during the term of the lease.





 

 

 
As I read it, the pages explain that your annual increase will never be less than 4% and the example that is shown indicates a 6% increase.  Six percent sounds meager compared to what is actually happening in Tatum-Kaplan owned parks.  The truth is that your annual increase can range between 10% to over 70% during the term of this lease.  Who would ever have imagined that any reputable business would be allowed to take advantage of residents in such a manner. 


Why would anyone in our park "choose" to sign a long term lease that would leave them open to a 10%, 20%, 30%, 40% or even 72%  annual space rent increase rather than opting for month to month rent control coverage of only 1% to 3% annual increase?  It doesn't make sense!  Doesn't this seem just a little bit peculiar to you?  Yet in our park of approximately 186 spaces, the vast majority of residents have "chosen" to sign a long term lease and "agreed" to pay exorbitant rent increases rather than be covered by rent control!  Why would we do this?  Could it be that we might have been misled when it came to signing the paperwork given to us by the park management? 

Now take a look at the paragraph on page 7 that I have highlighted in yellow.  This short paragraph is one of the most EVIL sections of the entire contract.  This is where the soldiers crawl from the belly of the Trojan Horse and wreak the ultimate financial havoc on the residents of Tatum-Kaplan owned mobilehome parks.  This is the paragraph that allows our park owners to increase a resident's rent by $300, $400 or even more than $500 a month.  It is this paragraph that causes residents to be evicted because they can no longer afford the space rent or they just give up and walk away from their homes leaving them to the park owners.  The Tatum-Kaplan legalese devotes five pages to confuse you about how your annual rent increase will be computed and then one small paragraph that allows them to increase your rent by more than 70%!!!  By reading these five pages is there anyway you could have imagined this could happen?  Furthermore, in my opinion the increases generated by this paragraph artificially inflate the market value of mobilehome park space rents...these are not willing consumers paying or attempting to pay these inflated rents, these are hostages living with and being controlled by an unconscionable contract that has stolen the value and marketability of their homes.  


I am often surprised that many residents are not even aware of this small paragraph's potential until they receive a "courtesy notice" informing them of their 30% to 70%+ increase.  Then it's too late.  I am also surprised that WHEN I EXPLAIN THIS PARAGRAPH TO LOCAL AND STATE OFFICIALS they seem to play dumb when I spell out the damage it has created and will continue to create unless they do something about it.  Local and state officials then act appalled and pass the buck to other agencies who in turn say there is nothing they can do to help us...consequently nothing ever gets done.  

So now, what can we residents do?  First, we can continue to ORGANIZE!!!  In November, 2009 angry Tatum-Kaplan mobilehome park residents demonstrated in front of Mobile Community Managements office in Santa Ana.  These demonstrations were successful in getting media attention and showing MCM that we are serious about fighting the abuses that are taking place in their parks.  We must continue to ORGANIZE and help make the next demonstration even greater.  The purpose of organizing is to share information between Tatum-Kaplan mobilehome parks, gain attention to our problems and pressure elected officials to do the right thing.

The second thing we can do is to start asking our park management questions regarding our rent increases.  When you receive you "courtesy" notice from the park informing you of your annual space rent increase it's time to start asking for a break-down of how that increase was calculated.  Don't let management just refer you to the examples in your lease...you want an exact explanation of how your increase was calculated not just an example.  If the park used "costs or expenses" and "capital expenditures" to calculate your space rent increase it seems to me that you have a right to know the exact figures used to calculate your share.  You need to know the total amount of "costs and expenses" and "capital expenditures" and how your share of that total was determined by management.  The "courtesy" notice should also inform you of what the CPI was for the period used to determine your space rent.  If management refuses to verify these figures then how do we know whether or not they are being truthful with us?  Are we to just take their word for it that their figures are true and correct?  Demand this information and if they refuse to comply then put pressure on your local officials and agencies to step in and help you get that information!

If you get a "courtesy" notice informing you that your rent will be increased to the arithmetic average of the three highest rents in the park demand that they verify this!  What spaces are being used to calculate the three highest rents in the park?  Again, can we just take their word for what they are using to calculate this increase.

It's time for us to start standing up to these people.  It's time for us to question and scrutinize their actions.  We cannot just sit back and hope for the best because if we do that we may as well sign our homes over to Tatum and Kaplan right now.  It's time for us to band together and ORGANIZE!

Thursday, November 19, 2009

Happy Thanksgiving to Tatum, Kaplan and all MCM employees....

Happy Thanksgiving to Jeffrey Kaplan, Thomas Tatum, Chelu Travieso and all of the MCM employees who have helped them make our lives miserable.


When you sit down to enjoy your Thanksgiving dinner please give thanks to this lady and the many like her who paid for your meals this month with their exorbitant rent checks.  Please give thanks to her and those who sacrificed their social security checks, pensions, disability checks and hard earned income through the years to pay for your multi-million dollar estates.  As you, your family, your friends eat your Thanksgiving dinners please give thanks to those residents who have taken food off their tables to pay their rent so you can enjoy your meals.  As your children and grandchildren enjoy their desserts be thankful that they do not know to what extent you have taken advantage of  the less fortunate, all for the sake of your greed.  If your Thanksgiving dinner tastes particularly good this year give thanks to this lady and all the residents in your mobile home parks because it is their sweat and their tears that spice your food.

Tuesday, November 17, 2009

Legalese

Tatum-Kaplan's 10 year lease contract is nearly 40 pages long and is filled with ambiguities and legalese.  It's confusing and difficult to understand even if you have a command of the King's English.

Click here to see a great example of legalese.

Earlier this year Mobile Community Mangagement initiated an "Emergency Rent Stabilization Program" for qualified residents. 


The above MCM notice reads like they are doing you a big favor but don't believe it.  To qualify you must agree to and sign an addendum allowing the park "Right of First Refusal."  You also have to sign a 23 page addendum that is even more confusing than the original contract.  As I understand it, if you sign this agreement, you are allowing the owners to charge you for utilities or services you are not currently being charged for, you are allowing the owner to increase your rent to pay for judgments against the park and you are agreeing to not hold the park owners responsible for failure to maintain the park.  There is much more in this paperwork that I don't understand but my main question is this...WHAT DOES ALL THIS HAVE TO DO WITH STABILIZING OUR RENTS???  Are they actually doing you a favor by reducing your rent or are they just giving you a few bucks back so they can put the screws to you later?

At the beginning of  this post I provided an example of what legalese can do to masquerade a well known song.  Here is an excerpt from page four of the Mobile Community Management addendum that I have been discussing:

"As used in this paragraph, the term "Cost or Expense" means all costs and all expenses paid by Owner in connection with the operation of the Park (computed on a cash basis), including, and without limitation, taxes, licenses, insurance, legal and accounting, judgments (except as otherwise provided in Civil Code 798.42), management fees, repairs and maintenance, salaries, debt service (limited to adjustments to the periodic debt service [excluding balloon principal payments]) calculated as a separate category as to each debt (including any refinancing) of Owner which is or may hereafter be secured by or which otherwise relates or may relate to the Park (but excluding from such calculation that portion of any increase in debt service attributable to any increase in the outstanding principal balance of any debt as of the end of the calendar year first preceding the Annual Rent Increase Date over that which existed as of the end of the calendar year second preceding the Rent Increase Date as a result of any refinancing or new loan obtained during the calendar year first preceding the Annual Rent Increase Date); or pursuant to any contractual obligation of Owner to its lessor(s), or any third parties, and all other ordinary and extraordinary costs and expenses, excluding expenditures which Owner is required to capitalize for federal income tax purposes ("Capital Expenditures")."

That's ONE sentence and what does it mean???!!!  One confusing sentence that is 220 words long if my count is correct.  This is just a small part of the volumes of legalese you encounter when dealing with our park owners and management.  Were these contracts designed to confuse us?  Were they designed to to masquerade their true intent?  What do you think?

Sunday, November 15, 2009

Tatum Kaplan/MCM Protest...November 14, 2009

Once again angry Tatum Kaplan/MCM mobile home park residents lined both sides of the street at Mobile Community Management's Santa Ana office in protest.  This time over 300 protesters strong waved signs and banners that expressed their feelings about the park owners' and management's unreasonable rents, poor park conditions and questionable business practices. 



Everyone got involved.

 
 
Once again the signs say it all.


 

 

 

 

 
 Much to see and discuss...a great get together to compare situations.
 

 

 

 

 
 Signs everywhere.
 

 

 

 

 

 
All in all, it has been a terrific week for the demonstrators.  An opportunity to discuss and compare situations. An opportunity to vent anger and frustration not only against Tatum, Kaplan and Mobile Community Management but also against elected officials who seem to drag their feet while residents continue to loose their homes.   An opportunity to bring a complex and evil situation to the media and the public's attention.  It was also an opportunity to strategize and provide hope for our future.

Friday, November 13, 2009

Unintended Consequences and Unwanted Attention

Two days ago the following notice was circulated in the Upland Cascade Mobile Home Park informing residents of the protest that took place at the MCM/Santa Ana office on November 11.  The notice also informed residents that there is to be another demonstration there on Saturday, November 14 between 11:00am and 1:00pm.

(double click on document to enlarge)



Today, park management circulated the following letter to our park residents:

(double click on document to enlarge)



I love the second paragraph and it needs to be repeated here..."A demonstration or protest and any resulting media attention, may bring unwanted attention to Upland Cascade Mobilehome Park.  In the current economic times, you may experience difficulty in selling your mobilehome.  Imagine how much more difficult it will be when your fellow residents depict Upland Cascade and the Park management in a negative manner."

How utterly laughable this is.  How could residents of Upland Cascade depict this park and MCM in any manner other than a negative one when MCM and the park owners have taken every opportunity they can to gouge us with exorbitant rents.  How could we depict them in any other way when they allow spaces to remain vacant for months/years.  How could residents depict them in any other way when our experiences show that they are not to be trusted.  "Protest and any resulting media attention, may bring unwanted attention to Upland Cascade...", unwanted attention for whom...I say bring it on because our houses are not selling now.  Many residents here have had their houses up for sale but when the prospective buyers find out how much the rent is they withdraw their offers.


There is already a "dark cloud" upon our community and this cloud has not been brought about by its residents.  Our park owners and management are responsible for the cloud and we know that they are foolish to claim otherwise.

"NOTE: THE CITY OF UPLAND HAS A RENT CONTROL ORDINANCE"...This appears at the bottom of the notice. Rent control is the one thing that Tatum and Kaplan have spent hundreds of thousands if not millions of dollars to eradicate yet they feel they need to point this out in their notice to us.  If we were on rent control, we would not have come to this point.  Less than 20 of the spaces in this park of 188 are currently on rent control.  The rest of us in one way or another were mislead and duped into signing long term leases giving up our right to be covered by the rent control ordinance.

So there it is..."unintended consequences" and "unwanted attention to Upland Cascade"???  This is what ALL Tatum Kaplan park residents should be striving for and maybe then our elected officials will feel the pressure and choose to do something about the problem rather than continually pass the buck between ineffectual agencies.  I SAY BRING IT ON!!!

Modern Day Robber Barons...November 11, 2009 Protest

On November 11, 2009, angry mobile home park residents from 5 Tatum Kaplan owned parks took part in a protest at Mobile Community Management's Santa Ana office.  Protesters carrying signs lined both sides of the busy street at 1801 E. Edinger Ave.  The main issues were outrageous rents, poorly maintained parks and unfair business practices.  The demonstration was peaceful and well organized but it appeared that MCM felt  intimidated by the 150 or so protesters and called upon security to protect themselves.

There is another demonstration scheduled for Saturday, November 14, 2009 between 11:00am and 1:00pm.  The turn out is expected to be much larger.

I am including several pictures from the demonstration.  The signs seem to say it all.

Double-click on a picture to enlarge it.


 

 
The building across the street is where MCM is located.

 

 

 

 
Some feel there is no help from legislators.

 

 
Many hid their faces behind signs...for fear of retaliation???

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
The security motor pool.