Effie’s House tenants are illegally under surveillance

Effie’s House tenants are illegally under surveillance

By Lynda Carson - December 7, 2023

Oakland - The tenants in an Oakland 21 unit residential housing building called Effie’s House, managed by the East Bay Asian Local Development Corporation (EBALDC), are apparently under surveillance illegally. The tenants have been wondering why they are being abused, and mistreated by management which has placed the tenants under surveillance recently? Additionally, the tenants have been wondering if upper management at EBALDC knows that the tenants at Effie’s House have been placed under surveillance illegally without their written consent in advance?

Tenants are also wondering if EBALDC, a non-profit housing developer, condones the illegal activities placing the tenants at Effie’s House under surveillance?

Presently, during the past month or two, a “sticker or decal” that have been posted on the exterior portion of the door leading into the basement building managers office at Effie’s House claim that “audio and video surveillance” recordings are occurring and taking place.

To the horror of the tenants needing to take care of business in the managers office at Effie’s House, the notice does not mention that tenants have the right to decline to have the “audio and video surveillance” recordings taking place while they are in the managers office taking care of business. Nor does it mention that anything they “say or do”, may be used against them as a result of the “audio and video surveillance” recordings occurring.

Additionally, the tenants wonder why they have been targeted by management as suspected criminals or wrongdoers in an unreasonable, and apparently unlawful Kafkaesque activity that places them under “audio and video surveillance”, without obtaining their written consent in advance.

The tenants have not received a notice explaining why they presently are under surveillance, or how long they will be under surveillance.

The building managers office is being managed and controlled by a fellow named Rodney Thomas as the property manager, an employee of EBALDC or Ivy Hill Development Corporation. Notices from Mr. Thomas to the tenants at Effie’s House list East Bay Asian Local Development Corporation (EBALDC) as the management company.

According to public records, Mr. Thomas is not listed as having a real estate license with the Department of Real Estate in California, even though it appears that according to California State law, Mr. Thomas may be required to have a real estate license to be the property manager at the 21 unit residential housing building known as Effie’s House.

Tenant’s Right To Privacy:

According to a website for the SHouse California Law Group, in part it states, “California is a “two-party consent” state, meaning that it is illegal to record a conversation without the consent of all parties involved.

So if you want to record a conversation in California, you must inform all parties involved in the conversation and receive their consent before recording. Otherwise, you are unlawfully eavesdropping under California Penal Code 632 PC.”

Additionally, according to the website called Rental Awareness, in part it states, “In California, it is illegal for a landlord to record tenants without their consent in situations where there is a reasonable expectation of privacy.

This includes recording conversations that occur within the rented premises, as well as activities and actions that are not intended to be observed by others.

According to the California Civil Code, Section 647, to legally record conversations or activities, landlords must obtain the consent of all parties involved.

This means that if a landlord wishes to record tenant interactions, they need explicit consent from each tenant who will be recorded. Without consent, such recordings may be considered a violation of the tenant’s privacy rights.

Moreover, it’s important to note that even if a landlord manages to gain consent from one tenant to record, it does not automatically grant them the right to record other tenants who have not given their consent.

Each tenant’s privacy must be respected and their consent obtained individually.”

Tenants At Effie’s House Did Not Receive Notice That They Are Under Surveillance:

According to Rental Awareness, “In California, landlords must adhere to specific disclosure requirements when conducting surveillance on their tenants.

The use of surveillance cameras or audio recording devices fall under the category of “security measures” and therefore must be disclosed in a written notice to tenants.

According to California Civil Code Section 1954.602, this written notice must contain:

1. The fact that the premises are being monitored electronically and the types of devices being used.

2. The purpose for which the information gathered by the surveillance will be used.

3. The time period during which the surveillance will be conducted.


This notice must be provided to tenants at least 30 days before the surveillance activities commence. It’s important to note that if a landlord fails to comply with these disclosure requirements, any evidence obtained through the surveillance may be inadmissible in court.”

Website for Effie’s House:

Studio apartments, $1,214 – $1,375/mo – Available immediately
Occupancy Requirement: 1-persons minimum, 2-persons maximum. Minimum Annual Income Requirement: $50,000 – $60,000/year.  Income and other qualifications apply.

1-Bedroom apartments, $1,473/mo – Available immediately
Occupancy Requirement: 1-persons minimum, 3-persons maximum. Minimum Annual Income Requirement: $60,000/year.  Income and other qualifications apply.

https://ebaldc.org/property/effies-house/

In contrast, during 1999, the median price for a studio apartment in Oakland was $713.00 per month, 1 bedroom rental units were $850.00 per month, and 2 bedroom units averaged out at $1,050.00 per month. Minimum income requirements in 1999, were much lower than they are presently for low-income people to move into so-called affordable housing units developed or owned by non-profit housing developers.

The average Social Security recipient or SSI recipient receives much less annually than the “minimum income requirements” of $50,000 - $60,000 a year at Effie’s House, and it appears that they are being excluded from being low-income renters at Effie’s House, as a result.

Effie’s House Parcel ID Number For 829 E. 19th St. in Oakland:
Effie’s House parcel ID number is listed as : 021-0234-002-00, in Alameda County, with the Alameda County Assessors Office.

More information about Effie’s House may be found in the latest 990 tax filing for Ivy Hill Development Corporation, a 501c3 charity non profit organization created in 1997. Ivy Hill Development Corporation was created to keep track of and maintain the financial situation / activities occurring at 829 E. 19th St., Oakland (Effie’s House), through the years, including it’s liabilities, net assets or fund balance, mission statement, salaries or compensation, expenses, rent revenue, repairs and maintenance, utilities, general and administrative costs, property management fee, insurance, etc… Listing Ted Dang as the President, David Peters as the Treasurer, Richard Quach as Secretary, Andre H. Madeira as CEO, and Amy Chan as CFO.

In contrast, more information about Ivy Hill Development Corporation filed with the California Secretary of State in 2023 may be found by clicking here, file:///Users/lyndacarson/Downloads/B1652-0975.pdf , listing Sean Sullivan as the CEO, David Peters as the CFO, and Richard Quach as the Secretary.

Lynda Carson may be reached at newzland2 [at] gmail.com

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