United Dominion Realty Trust [UDR]
Reviews and Complaints

UDR, INC. Attorneys, Todd Brisco and Cynthia Poer, Falsify Court Documents and Commissioner Richard E. Pacheco Lets Them Get Away With It: Dirty Little Secrets UDR Doesn’t Want You to Know #2 of 41

See this link for a history of why we’re giving these lessons and also to view Dirty Little Secrets UDR Doesn’t Want You to Know - Number 1 of 41: “UDR Uses An Expired Fictitious Business Name In Its Leases to Avoid Tenant Litigation”: http://tenantadvocatesoforangecounty.wordpress.com/2009/05/21/udr-inc-uses-an-expired-fictitious-business-name-in-its-leases-to-avoid-tenant-litigation-and-more-dirty-little-secrets-udr-doesnt-want-you-to-know/

In Lesson #1 we told you that UDR was using a the name “Villa Venetia” to contract with tenants when they knew:

1. The name didn’t belong to them (rather, it belonged to the previous owner);

2. The name didn’t describe their ownership which began in October 2004;

3. The name expired with the Orange County Recorder's office on August 20, 20006, and was no longer a valid business entity;

In Lesson #2, you’ll learn how even though they knew all those facts, UDR’s landlord-tenant lawyers, Todd A. Brisco, Esq. and Cynthia S. Poer, Esq. of Brisco & Associates APC, falsified court documents by stating that UDR was complying with the fictitious business name laws of the state of California.

All of these facts were brought to the attention of Commissioner Richard E. Pacheco and he not only did nothing about it, but four times in a row, he denied and overruled my motions and demurrers in opposition to UDR’s complaints and motions.

The California Judicial Council Form, “Complaint-Unlawful Detainer” was falsified THREE TIMES as follows:

Page 1 of 3, Paragraph 2(b): “Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious business name of “Villa Venetia.”

1. February 11, 2009, Orange County Superior Court Case No. 30-2009-[protected] (which case they dismissed when I brought up these issues).

2. March 3, 2009, Orange County Superior Court Case No. 30-2009-[protected].

3. First Amended Complaint, April 2, 2009, Orange County Superior Court Case No. 30-2009-[protected].

Verifications attached to the falsified court documents are also falsified:

“I have read the foregoing [insert name of document] and know its contents. I am one of the attorneys for UDR Villa Venetia, L.P. a party to this action.

“Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this Verification for and on behalf of that party for that reason.

“I am informed and believe and on that ground allege that the matters stated in the foregoing document are true.”

Then the date follows, “in the city of Anaheim, California, ” the typewritten name of either Cynthia S. Poer, Esq. or Todd A. Brisco, Esq., followed by their respective signatures.

They falsified the following Verifications:

1. Verification to Complaint – Unlawful Detainer dated February 11, 2009, Orange County Superior Court Case No. 30-2009-[protected]

2. Verification to Complaint – Unlawful Detainer dated March 3, 2009, Orange County Superior Court Case No. 30-2009-[protected].

3. Verification to First Amended Complaint – Unlawful Detainer dated April 2, 2009, Orange County Superior Court Case No. 30-2009-[protected].

Remember, all of these facts were brought to the attention of the Court and were ignored.

Could someone please tell us the penalty for an attorney that KNOWINGLY falsifies SIX separate court documents?

Stay tuned for Lesson #3: How UDR Makes a Big Profit Off Its Ratio Utility Billing System (“RUBS”).

Erin K. Baldwin
TENANT ADVOCATES OF CALIFORNIA
(Formerly “Tenant Advocates of Orange County”)
[protected] – Call me if I can help.
http://tenantadvocatesoforangecounty.wordpress.com
[protected]@aol.com

Udr, inc. Uses an expired fictitious business name in its leases to avoid tenant litigation ~ and more dirty little secrets udr doesn't want you to know

My name is erin k. Baldwin and I am a tenant at udr’s property, villa venetia apartment homes. For the past 4 months udr has done everything in its power to keep me quiet.

It has tried to evict me twice; towed away my car and then sold it in retaliation; relentlessly harassed me via court room tricks and maneuvers; demonstrated blatant intimidation tactics including obscene emails, lying on the phone, inhibiting my ability to find work and defend this action via shortened time constraints and no transportation; and continues to violate my civil and due process rights using its ongoing and personal relationship with commissioner richard e. Pacheco to remove any shred of evidence that I have that could destroy one of the largest apartment complex owners in the united states, udr (United dominion realty).

I naively thought that if I fought my issues in court and had all my ducks in a row and researched the law and prepared the right pleadings with the right causes of action that I would prevail.

I thought that commissioner richard e. Pacheco would be required to hear the facts on their merits and rule fairly without prejudice.

I thought udr’s leasing staff (Starting with karissa harmon and melissa hurtado) would have to stand by their word.

I thought udr’s attorneys, todd brisco and cynthia poer were regulated by a professional code of conduct.

Boy was I wrong – on all of it. There is no justice to be found in court. The truth is completely irrelevant. Udr is a very objectionable company and by the end of this series of lessons, you'll hear the name udr and shudder.

I’m going to tell you what I have been trying to tell commissioner pacheco since february 2009 and what he has ignored, denied, overruled and made fun of every step of the way.

I’m going to tell you all about udr, its attorneys, its illegal, fraudulent, unconscionable and oppressive contracts, addenda, and rules and regulations.

I’m going to tell you the truth about landlord-tenant law and how our court system works (Or doesn’t work) for tenants.

Because despite what i’ve been through, I still believe in good and I still believe that the truth makes a difference.

I filed the proper paperwork today to request a transfer to another judge. I did everything according to the rules. Come to find out, the person who’s going to decide whether I can get a transfer from commissioner richard e. Pacheco is commissioner richard e. Pacheco. And the guy that gets to decide whether I am entitled to a trial by a jury of my peers is pacheco when he rules on a motion for summary judgment a week from friday. There is something gravely wrong with this picture.

Here is lesson #1. (There are 41 lessons and I hope that this information helps you.)

~ ~ ~ ~ ~

Udr, inc. (United dominion realty), a real estate investment trust (Reit) owns, acquires, renovates, develops and manages apartment communities nationwide. They are a publicly-traded maryland corporation (Formed on may 2, 2003), and trades under the ticker nyse:udr. Their 52-week high on their stock was $27 per share, it's now below $10.

Its subsidiaries include two operating partnerships, heritage communities, l. P., and united dominion realty, l. P., both delaware limited partnerships, and its principal place of business is 1745 shea center drive, suite 200, highlands ranch, colorado 80129.

In october of 2004, udr purchased vista del lago llc (Doing business in the state of california as “villa venetia”) located at 2775 mesa verde drive east, costa mesa, ca 92626 from essex property trust, inc., for the aggregate amount of $95, 004, 706.

See: http://www.essexproperties.com/press.html?pr_id=235

At the time of purchase, this was the legal name and the dba as stated at the orange county recorder’s office:

Registration number: [protected]
Business name: villa venetia
Business owner: vista del lago llc
File date: 08/20/2001
Expiration date: 08/20/2006

Prior to udr's acquisition of the property, all residential lease agreements were contracted using the name, vista del lago, llc (Doing business as villa venetia). Very good; just as it should be.

Udr purchased the property under its operating partnership, united dominion realty, l. P. (Doing business as “udr villa venetia apartments l. P.”).

See: http://kepler.sos.ca.gov/corpdata/ShowLpllcAllList?QueryLpllcNumber=200427800034

As such, after the acquisition, all residential lease agreements should have been contracted using the name udr villa venetia apartments, l. P. (Doing business as villa venetia apartment homes).

Post-acquisition, the legal name and the dba as stated at the orange county recorder’s office was:

Registration number: [protected]
Business name: villa venetia apartment homes
Business owner: udr villa venetia apartments, l. P.
File date: 11/07/2006
Expiration date: 11/07/2011

However, all residential lease agreements entered into at this apartment complex since 2004 have been contracted using the name "villa venetia," a name that belongs to the previous owner, not udr, and has absolutely nothing to do with udr and specifically does not define their ownership.

The first paragraph of the residential lease agreement has and continues to state:

“this residential lease agreement (Hereinafter “agreement” or “lease”) is entered into between villa venetia (Hereinafter “owner” or “landlord”) and the following individuals, jointly and severally (Hereinafter collectively “residents.)”

There is no mention anywhere on the lease agreement of udr’s legal business name or legal owner's name for this property. And at the bottom of each page a footnote reads, “ca version 2008, ” so its been updated plenty since the 2004 purchase.

Since the acquisition of this apartment complex in october of 2004, udr has fraudulently and intentionally used the fictitious business name of the previous owner, vista del lago, llc, to contract with tenants to obtain and sustain a legal advantage over its tenants.

If a tenant doesn’t have the correct legal name of its landlord on their residential lease agreement, how can they file an action against them? They can’t.

And …

As if that wasn’t bad enough, the fictitious business name, “villa venetia, ” expired on august 20, 2006. (See the previous owner's county recorder's information above.)

The name not only doesn't belong to udr, but it's no longer even a valid legal entity! So, udr is contracting with tenants using a name that doesn’t belong to them, is expired, has nothing to do with their ownership, and is a non-existent legal entity. Very convenient for them.

Udr has had 5 years to change their residential lease agreement to reflect the proper name, so why do you think they don’t?

So they won’t get sued. The only time a tenant finds out the legal name of the apartment complex is if udr sues them! And sure enough, its right smack on the front of the summons. That’s how udr does business.

And …

Wait.. There’s more!

Check out this link to their corporate record again. Note that there is also no address provided for the agent for service of process as required by law.

See: http://kepler.sos.ca.gov/corpdata/ShowLpllcAllList?QueryLpllcNumber=200427800034

But udr has no problem including the address for the agent for service of process on its other california dbas:

Udr western residential, inc.
See: http://kepler.sos.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C3094507

Udr developers, inc.
See: http://kepler.sos.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C2554763

Let’s just say you’re a tenant at villa venetia apartments, l. P. And you’re actually fortunate enough to figure out the legal name of the apartment complex and you go to the secretary of state website to find the proper place to serve your legal document.

Guess what? You still can’t serve a complaint because udr doesn’t give you the address where to serve it.

Do you know why they do this? Because they want to make it so difficult for a tenant to file suit against them that they just give up. (Until they met me.)

Do you think this is an accident on udr’s part? “woops, we forgot to follow the law?” no way.

And last but not least …

According to california civil code section 1962 (A) (1) (B), udr must include on the face of the residential lease agreement, the name, address and telephone number of:

“an owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands.”

The udr residential lease agreement clearly states that the on-site leasing staff is not allowed to take service of process, but it doesn't say who is? Why not? I think by now you know.

So, to sum up, if you live at 2775 mesa verde drive east, costa mesa, california 92626 and your contract states that “villa venetia” is the “landlord/owner, ” then what you have is an invalid contract.

This constitutes a cause of action for fraud (Intentional misrepresentation, concealment and unilateral mistake of fact) as well as the fact that it voids the contract ab initio (Which means from the beginning).

In order for a contract to be valid the parties must be properly defined. “villa venetia” is a non-existent legal entity, therefore it cannot be used to describe “owner/landlord” at this property. Udr had no legal right to use that name.

This set of facts I just described were pointed out to commissioner richard e. Pacheco in four different legal documents on four separate occasions in four different ways and four times in a row, he denied, overruled, chastised and completely ignored them.

At this point I am so angry, that they’re going to have throw me in jail before they’re going to stop me from writing the other 40 lessons of the dirty little secrets udr doesn’t want you to know. By the time i'm finished with them, they won't have a business in orange county.

Stay tuned for lesson #2: how udr’s attorneys, todd brisco and cynthia poer, falsified court documents during these proceedings and got away with it.

Erin k. Baldwin
Tenant advocates of california
(Formerly “tenant advocates of orange county”)
[protected] – call me if I can help.
http://tenantadvocatesoforangecounty.wordpress.com
[protected]@aol.com

I am renting a UDR property located in 111 W. Orangewood Avenue #1D1 Anaheim, Ca 92802; and I am having major problems with the management.

I moved in at the beginning of March 2009 (therefore; as of todays date I have no yet been here a month); and I have had problems since I came to live here.

The complaints are that all that I based my decision on choosing this place to rent is a lie. I was told that this complex is a smoke free facility and that it is really quiet and there are rules that don’t allow loud music, noise, drinking, smoking, and kids running around, screaming, on bikes, scooters, skates or skateboards.

I was also told that there are no problems with the parking and that I would definitely be guaranteed 2 parking spots; which are 1 the garage and the other is one of the parking in 2 different spots on the property: 1- about 15 parking spaces *which among these 15 are 1 handicapped and 1 30 minute parking spot which is in front of the property office* and the 2nd area is also about a group of 15 parking spaces and there is 1 -30 minute parking space among these. There is maybe about 1, 000 or so tenants in this complex (Pacific Palms Apartments) and there are only about 30 parking spaces for all of these tenants and then there are supposedly another about 10 spaces in the back of the complex that are “reserved” which are given by the office and the tenant has to pay $50.00 extra each month for the space. When I came in I was promised that I would definitely have one of the reserved spaces like a few days after I move in because about 20 people were moving out and some of them will be giving up their reserved parking spaces and I was supposed to be high up on the list. Well; needless to say, the 20 people moved out and some more moved in along with me and I asked when I would get the reserved parking and they said right away and then the 1st weekend I asked what happened to the reserved parking and Maria (assistant manager) in the rental office said that well, , there weren’t any reserved parking spots available and then she told me that I would be on the list and they would let me know when it is available and then I asked the following week because I had to walk with my kids about 2 miles down the block or so in the rain because there was no parking here and most of the cars that were parked in the tenant stalls had temporary parking spaces that were given to people visiting tenants from the rental office and each space taken by “non-tenants” takes those spaces away from us tenants.

The same 1st weekend I was here, the neighbors had a all weekend all day and night party with loud music and drinking Corona beer bottles and smoking all weekend and I am an asthmatic with allergies to any type of smoke and I live with 3 of my small children. They had so many gang members (or wanna be gang members) over there and we share the patio and there isn’t much space that covers the separation between our patios.

I asked one of the Hispanic guys over there to please not smoke and he said he can smoke and do whatever he wants whenever he wants to because he is on his rental property and no one can stop him and he kept blowing smoke in mine and my 8 month old baby’s face and then I said I am very considerate in asking if something I am doing is going to bother the neighbors before I do it and he said basically he doesn’t care about anyone or anything and as he doesn’t even care about his own family, so why should he care about me or mine. I said it is very obvious he doesn’t. I complained to the office again the following day and spoke with the manager Marta and she apologized and advised that the Hispanic man that was causing so many of the problems was not on the lease and that because the police were called about the non stop noise, drinking out front and smoking and party and loud music that they would get a written warning and they would need to get rid of the tenants if they continue all of this and that Hispanic guy also got drunk and threw up in the neighbors’ bathroom sink and as it clogged up our shared piping and the vomit came over to our side I thought the first time that maybe one of my kids threw up and needed to clean it up and as it smelled horribly; I cleaned it up and the 2nd time, I knew better that it wasn’t my kids and they took something and was banging and smashing against the pipes under their sink and apparently broke the pipes and completely clogged up the sinks and nearly flooded my bathroom with vomit filled water.

I even took pictures to show the manager in the office and she said she not only did not want to come over to my apartment to look at the vomit or see the beer bottles and smell the smoke in my apartment (because it saturates my apartment), but she didn’t even want to see the pictures either.

She said that she would make sure that we were placed at the top of the list and because of our inconvenience, she will make sure that she gets maintenance to come over and fix the window which is off the track due to cholos (gangsters) who broke into the apartment while it was unoccupied and partied in here including that Hispanic guy that is causing all of the problems and she said that she would also send her Western pest control company out to fumigate this apartment for cockroaches because I didn’t have cockroaches before I came here and now I do because they were here before.

Well, I have been sick for a consecutive 3 weeks due to the conditions I have been forced to endure and especially the absorption of smoke and I had 2 cancel the fumigation 2 times because I have been unable to get out of bed and the 2nd time was because I had been in the hospital all night having trouble breathing where it was hurting every time I take a breath. I don’t have health insurance so needless to say; because of their negligence and incompetence and misrepresentation of this property I unnecessarily became sick and have to encure unnecessary medical bills.

The Hispanic man even mentioned to his “homies” from the gang who would come in packs of like 10 to hang on the porch that when I was placing tape all around the broken window to keep the noise and smoke out, “ That, (me) the f*ing ### thinks that she is going to keep us out with that f*ing tape, we can come in her apartment whenever we want to and there is nothing anyone can do about it and that they have been in this apartment with all their homies before while it was vacant, so what?”

About a week ago my vehicle got broken into on the property in one of the designated tenant permit parking spaces around 9:00 p.m. and I called the security as I was prompted to do by the management and they finally came out and took a report that incorrectly stated that I had mistakingly left my 1993 Burgundy extended Suburban 1500 model unsecured and that no one had broken into the vehicle, but I had clearly stated to the security officer “Gutierrez”, that I know for a fact that I completely closed my doors because I would not have been able to place the alarm on if any doors were open and the pager alarm would show me on the display face if any doors were open. I advised that I left the vehicle parked and placed my alarm and then left later on in another family vehicle with my family to make some errands (to make sure that I would have the same spot too because the parking is a nightmare) and then later around 9:00 p.m. my pager alarm for the Suburban kept going off and I knew something was wrong so I came over to check on my vehicle and the dome light was on and the back doors were ajar/opened.

I immediately checked to see if anything was missing from my vehicle and at a quick glance nothing appeared to be missing and then I called the security as directed by management to, because I was going to call the police, but was assured that it was not necessary because their security would take care of the problem and make a report and see what happened. I took their word for it (after all I haven’t been here long and was trying to avoid problems).

I asked again about the reserved parking and was advised by Maria in the rental office that I was placed on the top of the list by Marta and that there shouldn’t be any more problems and there have. Now all of the tenants are smoking next door and it is getting worse. The parking has been also worse, I have had to park way away from the apartments at least 4 days in a row due to spaces were filled with non tenants with 1 day parking passes issued from the rental office.

I got tired of not getting anywhere and I looked online to see if there was anyone I could contact for the company UDR and I came across a persons name: Rebecca Winning Director at Corporate Communications and Investor Relations [protected] and she assured me she would have someone get back with me from the main local UDR office at [protected] and I received a call the following evening regarding the matter to investigate from Mary Overton at that same local number her extension # is 204 and she assured me that she would come over yesterday (Thursday March 26, 2009) to look at the apartment and see what is going on here and not only did she not come by like she promised she was going to, but she didn’t call me back to let me know what happened or to reschedule or anything and when I called her back many, many, many times she didn’t answer my calls or call me back either. I even tried to get a hold of an operator at the local UDR office, but; no operator, it just says “ leave a message for the general mailbox” and no one calls back either. I got upset today and looked back on the UDR website to see if I could get any other contact people’s names and numbers and I called:
Larry D. Thede Vice President Investor Relations at [protected] and he said he would recommend me to call a similar # at [protected] and speak with Tracy Saffos and she is supposed to be the Director and supervisor above all of the local rental office staff. I left a voice mail this afternoon around 12:00 p.m. (Friday March 27, 2009) and her ext is 200. I looked online and apparently I am not the only people who have had no response from the office regarding complaints and being put in danger by the cliental of this establishment.

I rented from this company and it was a living nightmare. They care nothing about you. All they care about is keeping a unit occupied. I wrote letter after letter, called the police on numerous occasion because of noisy tenants and I was told I needed proof that they were noisy. The tenants below and beside me slammed doors all hours of the night and played very loud music and the rental office did nothing. Very thin walls, you can hear your neighbors talk. They billed me for .09 cents after I always rounded my water bille UP to the next dollar. I finally asked to be let out of my lease. Then the kicker. They tried to charge me $100.00 for a satelite dish that was there when I moved in. They put my notice to vacate on the noisy neighbors door. They won't respond to calls or emails. I went to the regional office in Alexandria after moving out and the satelite ordeal and the regional manager Scott Hobbs would not come out to speak to me. Jerome Best and his assistant Antoine at Dominion Lake Ridge are the worst. I thought I was the only person there with problems. I have spoken with neighbors and they are moving to due to poor customer service. One neighbor is being charged for water damage because the valve on the toilet broke overnight while she was sleeping and they said she dropped the back of the toilet top on it. The toilet top popped off due to the pressure when the valve broke. She had complaints about the same noisy neighbors as they would leave my building and go above her and make noise. And I needed proof. Don't move there. Don't rent from any of UDR properties! You will regret it.

Very poor management. I was charged $100.00 for a satellite dish on the balcony that was there when I moved in. After there 6 months they lease to neighbors that slammed doors and played loud music and I had to have proof they were doing so. I finally got of my lease because they would not evict them. The walls are paper thin. You can hear your neighbors talking. The Manager Jerome Best is ghetto from D.C. and his assistant Antoine lied about everything. They won't respond to call or emails. They billed me for .09 cents after I rounded my water bill check up each month paying them more than I owed. UDR and Dominion Lake Ridge should be put of business. All they care about is building cheap apartments and money. They don't take care of their residents. They have plenty of empty apartments because people are moving out rapidly due to noise and poor management. Don't rent from these people as you will regret.