Battle of Lincoln Place- A Community Defends its Affordable Housing

Lincoln Place, a community built in Venice, California is located at 1050 Frederick Street on a 35 acre site one mile east of Venice Beach. Inspired by the garden city movement, a 20th century concept combining urban and rural living; the construction of Lincoln Place was completed in 1951 and is an example of World War II housing that was initially financed under Section 608 Title VI of the National Housing Act of 1934 to house veterans returning from war. The property was designed by Ralph A. Vaughn (1907-2000), son of architect Roscoe I. Vaughn, an architect trained at the University of Illinois; and Heth Warton- under the name Wharton & Vaughn Associates.

Family owned until 1986, Lincoln Place was purchased by TransAction Companies Ltd. made up of main partners, Robert Bisno and James Coxeter. In 1987, ten major-rehab evictions were served to tenants. To battle the rehab evictions, the Lincoln Place Tenants’ Association (LPTA) was formed by Lisa Weil and Ethel Shapiro-Bertolini, with Sheila Bernard becoming president of the association upon resignation of David Cort in August 1988. The proposed evictions were successfully avoided until 1990 when Bisno announced a new plan to raze Lincoln Place in order to build new condominiums. During this time, LPTA formulated a plan with the motto “Let’s Own It” to make Lincoln Place a cooperatively owned housing project. In 1993, LPTA offered TransAction $47 million for the property, but it was rejected. In 1994, they offered TransAction $40 million but it was also rejected.

In April 1995, the Los Angeles City Planning Commission approved TransAction’s plan to redevelop Lincoln Place, which LPTA appealed. In the appeal, the Planning Commission reversed their decision for approval, and the project was denied for redevelopment. In August 1995, Bisno filed for a permit for the demolition of one building. In September 1995, both Bisno’s demolition and condo plan were rejected. In response, Bisno filed three separate suits against the city. In the first, it was stated that the city needed to re-hear the demolition and condo plans due to a violation of the Brown Act. The second suit, known as “1997 Los Angeles Lincoln Place Investors Ltd. v City of Los Angeles” stated that the City needed to issue the demolition permit and void the city ordinance due to a violation of the Ellis Act. The third suit stated the City’s rejection of Bisno’s condo project also violated the Ellis Act. Bisno won the third case in 1997, and also won his second Ellis Act (1996) suit in September 2000. During this same month, Bisno started his rehab project to include the demolition of two buildings, and the rehab of 50 others. After tenants were given notices and encouraged by Bisno and the property management firm, Elly Nesis to move, tenants began to fight evictions, and made attempts to stop Bisno’s plans.

Around this time, Sheila Bernard began making plans to nominate Lincoln Place as a cultural landmark due to its architectural and cultural history. Although the cultural heritage staff recommended approval, in December 2000 the Cultural Heritage Commission declined it.

In June 2001, AMICO became a 50% partner in Lincoln Place. After everyone in one building located at the corner of Frederick Ave and Lake St. dubbed “Building 18” was evicted, it was renovated and named “Village at Venezia”. In October-December 2001, more evictions would take place. Soon after, Bisno’s rehab projects were abandoned, but not before the interiors of five of the empty buildings were gutted.

In 2002, Amanda Seward, a member of the LA Conservancy, nominated Lincoln Place to the National Register of Historic Places. In July 2002, the City lost its 2000 appeal of Bisno’s condo project and the City Council reheard it in November 2002. This time, the project “Condo Project- Vesting Tentative Tract Map 51337 (VTT)” was approved which allowed for 706 new condos and 144 new affordable rental replacement units. In December 2002, LPTA filed suit against the city challenging the approval of the condo project and the certification of the 1994 Environmental Impact Report (EIR). In February 2003, the State Historic Resources Commission unanimously determined Lincoln Place was eligible for the National Register and the commission forwarded the nomination to the Keeper of the National Register. While the nomination was pending, Bisno demolished two other buildings in March 2003 using a reinstated permit from the abandoned “Villages at Venezia'' rehab project from 2001. This demolition made the description for the nomination of National Register inaccurate, and although the nomination was not rejected at this point, it was given back so the description could be revised. In May 2003, the City issued demolition permits for five buildings on Lake St. That same month, 20th Century Architecture Alliance, California Preservation Foundation, LA Conservancy, and National Organization of Minority Architects appealed the demolition permits to the Building and Safety Commission and filed suit against the city alleging it violated LA Municipal Code (Section 106.4.5) and California Environmental Quality Act (CEQA). In June 2003, the Building and Safety Commission held a hearing, but the appeals of the permits were denied. Later that month, a court hearing was scheduled on an injunction to stay the demolitions, but before it began, the buildings were torn down.

In August 2003, AIMCO bought the rest of Lincoln Place from Los Angeles Lincoln Place Investors Ltd. In March 2004, AIMCO filed for demolition permits, which were denied after 20th Century Architectural Alliance et al. filed for a writ of supersedeas. In September 2004, AIMCO hired Shober-Livas Relocation to help remove tenants. Tenants were told that if they did not leave voluntarily, they would be evicted under the Ellis Act. At this time, instead of filing for a revised National Register nomination, Amanda Seward filed for a new nomination under the California State Historic Resources.

In March 2005, AIMCO filed and serviced over 300 eviction notices under the Ellis Act. LPTA hired Elena Popp of Eviction Defense Network to defend against the Ellis evictions. In April 2005, AIMCO’s attorney William Delvac of Latham and Watkins was able to secure postponement of the hearing on the nomination of Lincoln Place to the California Register of Historic Places.

In July 2005, The Court of Appeal ruled on the 20th Century and LPTA cases, now known as “Lincoln Place II”. It stated that the City was within its rights to approve the condo project, but that the demolition permits were issued illegally in violation of CEQA. That same month, Marlin v Aimco was filed by two tenants.

In August 2005, California Historic Resources Commission approved the nomination of Lincoln Place, which AIMCO files suit against, challenging the designation in October 2005. To settle the lawsuit, in February 2006 the California Historic Resources Commission agreed to set aside the historic designation and re-hear it on May 5, 2006. Although AIMCO filed suit again after the designation was formalized, in August 2006 the State Historic Commission denied this request and the designation became final.

Over the next three years, unlawful detainers were filed, cases went to eviction court and were appealed, and lockouts forced tenants out of their homes.In response to the evictions, committees were formed, rallies took place, and tent cities were assembled. Cases were filed such as a CEQA lawsuit filed on behalf of LPTA and tenant Ingrid Mueller against the City and AIMCO known as “Lincoln Place III” in October 2006; a class action suit Sassoon et. al v. AIMCO and the City of Los Angeles filed by attorney Noel Weiss on behalf of tenants affected by the December 2005 lockout in December 2007; and Bernard v. AIMCO which represented 191 plaintiffs in 147 households for restitution and damages on behalf of “hold out tenants”, “locked out tenants”, and “chased out tenants”. In 2009, settlements were agreed with Amanda Seward and the 20th Century Architectural Alliance; and with Lincoln Place Tenants’ Association. In March 2010 an AIMCO settlement agreement with settling tenants was signed; and in May 2010 the AIMCO settlement with the City was signed with court approval of the settlement agreements in June 2010. In April 2012 50 households were moved into upgraded apartments in accordance with the settlement.

For more information regarding Lincoln Place history, and a timeline of events and lawsuits see “Lincoln Place- History, Timelines, Facts. Includes "Resident Handbook” Box 7, Folder 11.

Sources:

“What is the Garden City Movement?” https://www.planetizen.com/definition/garden-city

“Lincoln Place Timeline” Box 7, Folder 11

Lincoln Place Apartment Homes https://en.wikipedia.org/wiki/Lincoln_Place_Apartment_Homes

Hathaway, Dennis. The Battle of Lincoln Place an Epic Fight by Tenants to Save Their Homes. Crania Press, 2022.