City Attorney Sues Landlord Under Consumer Protection Law

By Jorge Casuso

June 30 -- In an unprecedented move, the City Attorney's Office used a consumer protection statute last week to sue a landlord with a history of harassing tenants.

The civil lawsuit alleges that Isaac Gabriel, who owns two apartment buildings in Santa Monica, has, among other things, used bodily force against tenants, tried to coerce and defraud them into paying extra money and charged illegally high rents.

It is likely the first time the City files a case under the state Unfair Competition Law, which is designed to address illegal, unfair and fraudulent business practices, City officials said. Use of the statute requires the authorization of the Los Angeles County District Attorney, which the City obtained.

“This may be the first time we’ve used it in any context,” said Deputy City Attorney Adam Radinsky, who is in charge of the City’s Consumer Affairs Division. “It’s a broader kind of case, and we reserve this kind of lawsuit for the most serious violations.”

The City used the statute in an effort stop what it alleges is a pattern of “illegal behavior against tenants” by Gabriel, who owns a four-unit apartment building at 1007 16th Street and a ten-unit building at 1035 Fifth Street.

“You can use the law to sue a business for any unlawful act or practice,” Radinsky said. “It includes violating any law or regulation that includes tenant harassment, rent control laws and criminal laws.

“In the case of this individual, we saw he was pretty much undeterred by the criminal justice system,” Radinsky said. “None of that fazed him.”

Gabriel declined to comment, saying he has not yet retained an attorney.

Gabriel (who is not related to civic leaders Bob and Louise Gabriel), has a history of legal problems with the City dating back to 1999, Radinsky said.

In 1998, Gabriel was convicted of illegally locking out a tenant and taking the tenant's personal property, both misdemeanors, Radinsky said. He was sentenced to 30 days' house arrest and ordered to perform 480 hours community service.

The following year, the City Attorney's Office filed new charges against Gabriel for battery and harassment of a female tenant, Radinsky said. The case was settled after a judge ordered Gabriel to perform repairs in the woman's apartment, forbade him from having further contact with her and added one year to his probation.

Similar complaints were formally filed with the City Attorneys office by half a dozen tenants over the past four years.

The suit, which was served over the weekend, claims that during that period Gabriel also stole a tenant's TV satellite dish, illegally took away tenants' laundry facilities and cable TV, entered apartments without the tenants’ knowledge and without justification and violated their right to privacy.

While most cases filed by the City against landlords involve tenants allegedly harassed in an effort to force them out of their units in order to jack up low rents, Gabriel seemed to be indiscriminate, Radinsky said. (This despite rents that vary widely from $348 to $1,909, according to City records.)

“He’s been an equal opportunity harasser,” Radinsky said.

Under the Unfair Competition Law, Gabriel could be assessed civil penalties of up to $2,500 for each illegal act and $5,000 for an act involving a senior citizen. The exact number of violations remains to be investigated in the lawsuit.

“We plan to get to the bottom of all the tenants he may have harassed and we don’t know about over the past four years,” Radinsky said.

The City also seeks a permanent injunction to prevent Gabriel from violating the law again.

"Mr. Gabriel has consistently thumbed his nose at City Hall, the courts, and the law itself," said Deputy City Attorney Adam Radinsky. "He's the rare landlord for whom the unfair competition law is the best remedy."