The Brief

This story was produced in partnership with ProPublica’s Local Reporting Network. Read part one and part two of the investigation into L.A.’s residential hotels.

The Los Angeles Housing Department has sent warning letters to the owners of 17 buildings meant for low-cost housing, demanding that they stop renting rooms to tourists in violation of city law.

The action follows a Capital & Main and ProPublica investigation that found 21 buildings, known as residential hotels, had advertised short-term rentals on travel websites despite a 2008 ordinance aimed at preserving residential hotels for affordable housing. Residential hotels mostly consist of basic single rooms and are often the only housing that many low-income, elderly and disabled people can afford.

The Los Angeles City Council will also soon consider a motion, filed last week, to require the Housing Department to report on its enforcement of the residential hotel law. The motion, in response to Capital & Main and ProPublica’s reporting, raises the possibility of creating a right for individuals to sue landlords who convert such housing without the city’s permission.

“I know very dramatically the impact of not having that enforced because that means more houses, more low-income units, that we as a city have to figure out how to build,” City Councilmember Bob Blumenfield, who presented the motion, said in an interview. “It means more people on the street and more services and more costs and more human suffering.”

The motion, which was seconded by City Councilmembers Monica Rodriguez and John Lee, notes that as the city contends with rising construction costs for affordable housing and a shortage of landlords who will accept emergency or long-term housing vouchers, “the loss of residential hotel rooms to tourist units may be exacerbating our homelessness crisis.”

Much of the information that the councilmembers requested is already supposed to be reported annually by the Housing Department under the terms of the residential hotel law. But in the 15 years since the ordinance was passed, the Housing Department hasn’t filed the reports, according to agency officials and the city clerk’s office.

In issuing the notices to comply last month, the Housing Department cited violations of both the residential hotel law and the city’s home-sharing ordinance, which is meant to crack down on illegal rentals on sites like Airbnb. The department used both laws “to aggressively pursue compliance,” Housing Department spokesperson Sharon Sandow said in an email.

Among the hotels cited were three that were highlighted in our initial story: the American Hotel in the Arts District, and the H Hotel and Hometel Suites, both in Koreatown.

The American’s owner, Mark Verge, said he’s hired an attorney and will discuss the matter with the Housing Department. “Our argument is we are a hotel,” said Verge, who previously said he had been unaware of the American’s residential designation. But he added, “Whatever they come up with will be fine.”

Becky Hong, the Hometel’s general manager, said in an email that the hotel has submitted documents to the city in response to the notices. Neither the H Hotel’s owner nor its manager responded to emails or a call for comment. Previously, the H’s manager said the hotel hasn’t accepted long-term residents since 2019 and has asked the city to remove its residential designation.

All three hotels continue advertising rooms to tourists on their websites.

The citations and the City Council motion are the latest fallout from Capital & Main and ProPublica’s reporting. In July, Mayor Karen Bass asked the Housing Department to investigate the 21 residential hotels in our story and report back on how to improve enforcement efforts.

Blumenfield’s motion also requests that housing officials recommend ways to strengthen the ordinance and asks the department to identify potential funding sources and additional resources needed to enforce it.

The Housing Department has pointed to short staffing as one reason it has struggled to enforce the residential hotel law. But Blumenfield, who chairs the council’s budget committee, said the agency hasn’t requested additional funding for enforcement.

“Nobody’s ever come to me and said, ‘We don’t have the money to enforce our residential hotel conversion’” law, he said. “Now that I’m aware of it, I’m going to do what I can to make sure that it does get enforced.”

Blumenfield’s motion has been referred to the council’s Planning and Land Use Management Committee. If approved, it will go to the full City Council for a vote.

On a tour of Orange County’s voting headquarters on Wednesday, Registrar Bob Page demonstrated the careful, multi-step process through which voters’ ballots are validated and counted.

As the federal government raises the specter of unsubstantiated voter fraud, Page’s message was clear: “ I want voters to know that we're doing everything we can to make sure they can vote safely and securely."

More than 380,000 Orange County ballots have been returned as of Oct. 27, Page said. That’s about 80,000 more ballots than was received around the same time in 2022, the last mid-term elections.

Orange County Registrar of Voters Bob Page addresses the media and other members of the public in attendance as part of a tour of the voting operations on Wednesday, less than one week before Election Day.

(

Kavish Harjai

/

LAist.com

)

The journey of a ballot in Orange County

Collecting, and counting, all those ballots takes time. Page explained that two-person teams are dispatched to collect dropped-off ballots every day during election season.

The ballot drop-off boxes in Orange County are made of steel, weigh more than 1,000 pounds and are bolted to the concrete, Page said.

The ballot retrieval duos are required to follow a strict process to ensure the chain of custody remains secure, including taking photos showing they’ve picked up the ballots, properly locked the retrieval door and that the internal fire suppression canister is intact.

The locations of the two-person teams are GPS-tracked by separate teams, which also review the photo evidence before giving the ballot retrieval duos the green light to go to their next stops.

An overhead camera shows the process that occurs after the signatures on a ballot have been verified and the ballot is then ready to be counted.

(

Kavish Harjai

/

LAist.com

)

Signature verification

Once a ballot reaches the Registrar of Voters’ office, the next step is ensuring the signature on the envelope matches the voter's signatures in their registration file.

“If we do challenge [a signature], we’re required under state law to send a first-class letter notice to that voter,” Page said, adding that state statute affords voters until the day before Thanksgiving this year to correct errant signatures.

Page said three election workers must agree that enough of a discrepancy exists before the decision to challenge a signature is made.

Around 1.9% of the nearly 718,000 vote-by-mail ballots returned in the June primary election in Orange County were rejected, largely due to signature mismatch or because they weren’t received in time, according to the California Secretary of State.

Verified ballots are then separated from their envelopes and sorted before they’re prepared to be scanned and, finally, counted. The equipment used to tally votes isn’t connected to the internet, and access to the room the equipment is housed in is limited, according to Page.

Threats from the federal government

On Wednesday evening, a federal judge denied an emergency request from the Department of Justice to segregate 20,000 ballots across California that the federal government said were sent to “likely” noncitizens.

More than 1,750 of those people identified were in Orange County, according to a letter Bill Essayli, top federal prosecutor for the Central District of California, delivered to the county registrar’s office Monday.

The Department of Justice said it will appeal the ruling from U.S. District Court Judge David Carter, who, in his decision, said the federal government’s attempted move could “wreak havoc and disrupt the election that is already underway.”

California Attorney Gen. Rob Bonta called the ruling an “important victory,” but warned “the fight is not over.”

On Wednesday, before the ruling came down, Bonta released resources about election integrity in the state, including guidance for local election officials if law enforcement attempts to “access election sites where ballots are cast, processed, or counted.”

Page said he’s fielded more questions from the public this year about the potential for law enforcement to interfere in the election. He said he will have open lines of communication with partners with the California Governor’s Office of Emergency Services and  Orange County Intelligence Assessment Center should the threat arise.

What’s on your ballot?

Our LAist Voter Game Plan is here to help guide you through the Nov. 3 election with guides to races across Los Angeles and Orange counties — and that long list of state propositions — to help you cast a ballot that’s in line with your own personal beliefs and values.

But the one thing we don’t do? We don’t tell you how to vote. That part is left up to you.

You can find it all at LAist.com/Vote.

The U.S. Justice Department has issued subpoenas to California officials in an escalation of its scrutiny of local election administration.

The Associated Press obtained copies of three subpoenas sent Oct. 21 to employees of the Los Angeles County Registrar-Recorder, ordering them to appear in court on Nov. 4, the day after the election. The documents request any records, documents and communications related to letters sent in July and October by federal officials to state election officials outlining allegations of noncitizens on the state’s voter rolls. The subpoenas also seek information relating to the office’s “methods for screening for unlawful voting by aliens” and anything about efforts to prevent noncitizen votes from being counted.

The subpoenas were being issued by all four U.S. attorneys in California, according to a person familiar with the matter who insisted on anonymity to discuss an ongoing investigation.

Dean Logan, the Los Angeles County registrar, said, “threats and intimidated have no place in elections.”

Subpoenas come amid ongoing court battle

The Trump administration has sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens and not count them until citizenship can be verified. A district court judge on Tuesday rejected that request, then on Thursday appointed a special master to evaluate the administration’s claims.

U.S. District Judge David O. Carter did not specify the exact scope of special master Daniel B. Garrie’s responsibilities, but said he would be tasked with “developing the factual record” for the court.

In a Tuesday court hearing, Carter said he wanted to vet the federal government’s list of over 20,000 alleged noncitizen voters since there has been extensive debate over its reliability and both sides have agreed that it includes an unspecified number of citizens.

null

Carter also said at the hearing that a special master could investigate California’s claims that it cannot logistically separate the ballots in time for the county election certification deadline on Dec. 3. The federal government has contested that assertion.

It is not clear what would happen if a special master did find a substantial number of noncitizen voters on the federal government’s list or whether it would affect the certification of California’s election results. The 20,000 people on the DOJ’s list constitute only a small fraction of California’s 23 million voters.

Trump administration appeals to higher court

Meanwhile, the Trump administration asked a federal appeals court to quickly weigh in.

The Justice Department said in a late Wednesday filing that it’s essential the 9th Circuit Court of Appeals issue a ruling as soon as possible due to “irreversible ballot processing occurring on an ongoing basis.”

Carter’s decision was the latest legal setback for President Donald Trump in his efforts to expand federal control over state-run elections in the midterms that will decide control of Congress for the rest of his term. The Justice Department has made similar demands in other states, including Washington. Noncitizen voting has been a central focus of Trump’s political messaging for years, although available data indicates it is exceedingly rare.

Trump blasted Carter’s ruling against the federal government on Thursday morning before heading to a campaign rally in South Carolina.

“California is very corrupt. The elections are extremely corrupt. The judge should not have done that but we’ll appeal that, of course,” he told reporters. Trump added without evidence that there are “hundreds of thousands” and then amended it to “millions, in my opinion” of “bad ballots” in California.

Carter, an appointee of Democratic President Bill Clinton, argued that the Justice Department’s demands were a clear violation of the National Voter Registration Act, which prohibits changes to voter rolls or election procedure within 90 days of an election.

A number of US citizens were included in the Justice Department’s list of names

Both sides agree that an unspecified number of citizens were inadvertently included. Carter argued that separating the ballots at this point would risk disenfranchising citizens and “wreak havoc” on the election certification process.

Over 500,000 votes have already been processed in Los Angeles County alone, according to court filings. The system also protects voter privacy: Once a vote is processed, it cannot be traced back to the person who cast it.

Carter is to rule on the government’s renewed request for a preliminary injunction, which would bar the state from counting the ballots until the litigation is resolved. He said he will do so after a Nov. 13 evidentiary hearing with input from the special master.

He said that if the federal government suspected noncitizens were voting, it could continue to prosecute those cases criminally. Federal authorities have charged over two dozen foreign nationals in California as part of a statewide sweep targeting people officials allege have illegally registered or voted in U.S. elections.

Appeals panel judges have said they wouldn’t support setting aside ballots this close to midterms

The appeal will be the second time that the 9th Circuit Court of Appeals will consider the case.

The first time was just last week when the Justice Department argued before an appeals court panel that a fast ruling on its request was needed to stop any counting of the ballots.

Although the panel ruled it was premature for an appeals court to get involved before a lower-court ruling, two of the three judges wrote separate concurrences making it clear they wouldn’t support setting aside ballots at this late date. They questioned the accuracy of the federal government’s list of alleged noncitizen voters and argued that to set aside votes risks disenfranchising citizens.

One judge dissented, arguing that federal law bars noncitizens from voting and requires California to vet the potentially illegal ballots before counting them. The failure to do so, he wrote, would cause irreparable harm to the election.