Decision against Landlord Finds Intent Does Not Meet Ellis Act Standards
The final ruling in the case of the Barrington Plaza Tenants Association versus Douglas Emmett Inc. was issued on Monday. Judge Ford issued his Statement of Decision, ruling in favor of the Barrington Plaza Tenants Association. This ruling stops the evictions of the remaining tenants however, the compensation that will be awarded to the tenants is still to be determined.
In his written ruling, Judge Ford stated, “On the stipulated “Ellis Act Intent issue in this consolidated trial, the Court finds Barrington Pacific, LLC, and Douglas Emmett, Inc., did not possess the intent required under the Ellis Act and the Los Angeles Rent Stabilization Ordinance (RSO) to remove all the apartments in Barrington Plaza from rental housing use. The Court concludes the requisite intent required under the Ellis Act and the RSO is the intent to withdraw the rental units from the rental market indefinitely and with no present intent to 12. relet those units in the future.”
“Based on the preponderance of the evidence, the Court finds on May 8, 2023, when Barrington Pacific filed its Notice of Intent to Withdraw Units for Rental Housing Use with the City and served its notice of termination on its tenents, Barrington Pacific did not intend to permanently remove those apartments from the rental market under the K50 or otherwise intend “to go out of business” as contemplated under the Ellis Act. But rather, Barrington Pacific had the intent to temporarily withdraw the apartments in Barrington Plaza from rental use with the specific intent to relet those apartments as soon as it completed its planned renovations to all the apartments, including installing fire and safety improvements, fire sprinklers, and other modernization upgrades, all of which Barrington Pacific planned for expected would take three to five years to complete.”
The judge added, “The Court finds in favor of Plaintiff Barrington Plaza Tenant Association and against Defendants Douglas Emmett, Inc., and Barrington Pacific, LLC, in the action for declaratory relief and in favor of the Defendant tenants and against Barrington Pacific in the consolidated actions for unlawful detainer. Counsel for the Tenant Association and unlawful detainer Defendants are to meet and confer to submit a stipulated proposed consolidated judgment or separate judgments in the actions for unlawful detainer and the action for declaratory relief.”
The Barrington Plaza Tenants Association released an emailed statement, “We are elated by the judge’s decision in favor of the tenants. This ruling is not just a victory for our community but a powerful affirmation of tenants’ rights across Los Angeles and in the State of California. Our fight has shown that unity and determination can prevail against unjust practices. We will continue to advocate for fair and just housing for all.”
The press representative for Douglas Emmett said via email that they will not be issuing a statement on the ruling.
