City Sues Landlord for Tenant Harassment

By Olin Ericksen
Staff Writer

April 6 -- The City sued a landlord Thursday for allegedly harassing a tenant who complained she had illegally raised the rate on his rent-controlled unit, then falsified documents to further her case.

The suit alleges that Lisa Borten -- who owns a 10-unit apartment building at 807 Third Street -- left "harassing messages including personal threats" on the tenant's voice mail, served him with three bogus nuisance and damage complaints and reported him to the Health and Building departments on trumped-up violations after he questioned her right to raise rent on his apartment.

Borten's new legal woes come after the Rent Control Board ruled the increases illegal and awarded $5,000 to the tenant in back rent. City Attorney Adam Radinsky said it was during the hearing and appeal that his office uncovered that Borten had falsified documents presented before the Board.

Although "the falsifying of documents is part of the history and background of the case," Radinsky said, his office would only be prosecuting the charges of harassment.

This is not the first legal challenge involving Borten and tenants at the ten-unit property. Borten recently sued to evict a tenant of nine years under a new rent board regulation that allows landlords to raise the rent to market rate if the tenant has a different primary residence.

Radinsky said the suit filed Thursday in Santa Monica Superior Court seeks an injunction, attorney's fees, civil fines and punitive damages of an unspecified amount.

"There's nothing we are seeking that would put a stop to her doing business here in Santa Monica," Radinsky said.

Neither Borten nor her attorney could be reached for comment. She is expected to file an answer later this month.