The Brief

By law, the American Hotel in downtown Los Angeles is supposed to be reserved for residents who can’t afford to live anywhere else. For decades, the building was a haven in the city’s sky-high housing market, where artists, musicians and people down on their luck could rent rooms for about $500 a month. At the end of the day, longtime tenants would hang out at Al’s Bar, a legendary punk and alternative rock venue on the ground floor where bands like the Red Hot Chili Peppers played long before they sold out stadiums.

But amid the largest homelessness crisis in the nation, the American’s owner has turned the building into a boutique hotel where tourists can book rooms for as much as $209 a night.

And the city has done nothing to stop him.

Long before Los Angeles Mayor Karen Bass declared a housing emergency last year, city officials recognized that affordable housing was vanishing and sought to address it by making it difficult for developers to scoop up the residential hotels whose single-room dwellings were the only places many people could afford. Residential hotels consist of small, bare-bones rooms, some with shared bathrooms and most with no kitchens, in aging downtown buildings and roadside motels. In 2008, the L.A. City Council passed an ordinance to place strict limits on the conversion of more than 300 such buildings, totaling nearly 19,000 rooms (about 15% of the city’s lowest-cost housing units today).

But seven years later, the American’s new owner, Mark Verge, called the residents to a meeting. He said he planned to remodel the crumbling building and, according to tenants, offered to pay them to move. For months before the meeting, rumors had swirled around the American, said Jomar Giner, a barista who lived there until late 2014. The main topic on everyone’s mind, she said, was: “They’re going to ask us to move, but where are we going to live?”

Many of the American’s residents said they took Verge up on his offer, unaware that his plan to eventually turn the American into a tourist hotel was supposed to be illegal under the residential hotel law. The conversion disrupted a tight-knit community that had lived at the hotel for years — including at least one person who said he ended up sleeping in his car.

Under the law, Verge was required to compensate the city for the loss of affordable housing by either building replacement units or paying into a fund for housing construction. In Verge’s case, that could have cost more than $10 million. But like many landlords, Verge did neither of those things, and the city Housing Department didn’t compel him to, even though the law provides for $250-per-day fines and jail time for violators.

Scouring city records and online advertisements, Capital & Main and ProPublica identified 21 residential hotels, totaling more than 800 dwelling units, that were supposed to be preserved as housing but that have recently been on offer to tourists.

“That is illegal by statute and problematic for several reasons,” because residential hotels are supposed to be for the city’s lowest-income people, said Deepika Sharma, a housing law professor at the University of Southern California. “These are the folks struggling the most.”

It’s a staggering loss considering the severity of L.A.’s affordable housing shortage and what it would cost to replace 800 dwellings: more than $475 million at the current average cost of nearly $600,000 for the construction of a single affordable unit.

Some hotels have done little to hide their boutique transformations, advertising “expertly crafted” cocktails in a lobby bar and “a whimsical home away from home” for $270 a night. The hotels list rooms on their websites, on travel platforms like Expedia and Booking.com and on outdoor signs.

The American says on its website that the hotel in L.A.’s Arts District provides “affordable options for guests who are looking to make the most of their visit to the city of angels without blowing their entire vacation budget.”

Yet none of the 21 hotels, including the American, have received clearances from the city that would indicate they’ve replaced the low-cost housing they’ve taken off the market, Housing Department records show. Nor have the owners taken the other option of paying the fee to the city’s Affordable Housing Trust Fund. And none have been fined or prosecuted for failing to comply.

L.A. Housing Department director Ann Sewill referred questions to her staff. “We need to enforce it better,” said Greg Good, a senior policy adviser at the agency. “We’re working 24/7 to get there, and we’ve got to get better.”

A man pushes his cart filled with aluminum cans past the American Hotel in April. He said he has lived in L.A.’s Arts District for some 40 years and currently stays in a small room inside a gas station.

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Barbara Davidson

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Special to ProPublica

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Verge — who founded Southern California’s go-to apartment listing service, Westside Rentals, before selling it to CoStar Group, the parent company of Apartments.com — insisted he was unaware of the residential hotel law and of the American’s inclusion on the city’s residential hotel inventory.

“I don’t know about this magical list,” Verge said, though records show the city informed his lawyer that the American was residential after he bought the hotel in 2013.

Verge said he has been paying the city’s hotel tax for years and noted that he has openly advertised the American as a hotel.

“Do you know how many banners I’ve put on that thing?” he said. “I definitely don’t think I’m violating any law.”

The story of how Verge was able to convert the American into a tourist hotel underlines the city’s failure to preserve affordable housing — and how easily landlords have avoided the law.

One of the most pro-tenant ordinances

Today, more than 1 in 10 unhoused people in the U.S. — some 75,000 people — live in Los Angeles County. Far beyond downtown’s Skid Row neighborhood, tents and tarps are jammed together under bridges alongside overflowing shopping carts, broken-down bicycles and blankets. Men and women wrap themselves in ragged blankets under the overhangs of grocery stores and strip malls. They spread bedrolls in parks and next to the stars of celebrities on Hollywood Boulevard.

A roadside encampment in L.A. in December 2022. Mayor Karen Bass declared a state of emergency over the city’s homelessness crisis on her first full day in office.

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Frederic J. Brown

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AFP via Getty Images

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The human misery on display across the city made homelessness the central issue in the 2022 mayoral race and drove Bass to proclaim a housing emergency on her first day in office.

But in reality, the emergency has been coming for a long time. Nearly two decades ago, L.A. officials foresaw that rapid gentrification would eat away at residents’ ability to live in the city. Residential hotels were rapidly being converted to condos.

So, in 2008, the City Council voted to preserve the hotels with a law. L.A.’s then-housing director Mercedes Márquez — who now leads the mayor’s effort to combat homelessness — called it at the time, “without question, one of the most pro-tenant ordinances to come before the City Council in its entire history.”

City officials drew up a list of 336 hotels, using the state’s legal definition of a residential hotel: a building of six or more units that are the primary residences of their guests. Some were traditional single-room occupancy buildings with shared bathrooms. Others were motels with various claims to fame. One was the hotel where singer Janis Joplin was found dead; another served as the site of Julia Roberts’ apartment in the final scene of “Pretty Woman.”

By the time of the ordinance, the once-grand downtown hotels that served travelers in the early 20th century and the roadside motels that catered to mid-century motorists had fallen out of fashion with tourists. City officials determined they were being used as living spaces for local residents, not tourist accommodations.

The new law strictly limited what residential hotel owners could do with their properties. But Márquez and the city attorney’s office assured councilmembers it would stand up in court: A nearly identical San Francisco law had been upheld by California’s Supreme Court in 2002, and the U.S. Supreme Court had reviewed the case, affirming the state’s power to decide such issues. Márquez signaled that enforcement would be stringent.

City councilmember Bill Rosendahl, who strongly supported the ordinance, asked Márquez somewhat tongue-in-cheek questions about a prime beachfront property in his district that had been designated as a residential hotel.

“My God, I could tear that down and build high-end condos and move in the rich. Does this stop me from doing that?” Rosendahl asked.

“Pretty much,” Márquez replied.

The law “is designed to make it difficult,” although not impossible, for owners to convert their buildings into condos or tourist hotels, Márquez told the City Council. Owners would first have to apply to the Housing Department for approval. They would then have to either replace all the residential housing units or pay a fee, set at the acquisition cost of nearby property plus the cost of constructing 80% of the replacement dwellings.

Márquez referred an interview request to the mayor’s press office, which did not make her available. And she did not respond to emailed questions.

“I would think the owners would find it quite onerous,” Gary Painter, an economist who specializes in housing at USC, said in a recent interview. “Anything that makes it harder for them to fully exercise their options on their real estate, they’re going to be upset about.”

Many hotel owners are indeed unhappy with the residential hotel designations. Ray Patel, who heads the North East Los Angeles Hotel Owners Association, said the law was an unfair attempt to shift the burden of L.A.’s housing problems onto hotel owners.

“The city was trying to avoid the elephant in the room: how difficult it is to build housing,” he said. “There’s too much red tape.”

But in adopting the law with no opposition, the City Council decided that limiting hotel owners’ property rights was in the public interest because the loss of residential hotel rooms had become a housing emergency that affected elderly, disabled and low-income people “who are least able to cope with displacement in the Los Angeles housing market.” The council predicted that “unregulated conversion or demolition of residential hotels would lead to an unacceptable and socially harmful increase in homelessness.”

The ordinance allowed owners to appeal their designations by submitting tax records, housekeeping reports and guest registration records to prove their buildings had operated as traveler hotels. Patel, who owns the Welcome Inn on old Route 66 — Colorado Boulevard in the Eagle Rock neighborhood — said he submitted reams of paperwork, got his motel off the list and helped others to do the same. About 100 properties were removed, though others have since been added. The city’s most recent list contains more than 300 hotels.

Some hotel owners have tried to challenge the ordinance in court, arguing that the city’s designation of the motels as residential amounts to an unconstitutional government taking of private property. But last year, a federal judge dismissed one claim, noting that the ordinance falls within the city’s authority to promote residents’ health and welfare. And in 2015, the U.S. Court of Appeals for the Ninth Circuit rejected another hotel’s claim and upheld the ordinance as a “rational” attempt to preserve low-income housing.

Barbara Schultz, director of housing justice at the Legal Aid Foundation of Los Angeles, said the law is well-settled. Her 2002 lawsuit against the city’s redevelopment agency resulted in a settlement that preserved downtown residential hotels and sparked the city’s interest in an ordinance.

“The city is squandering a great opportunity to have more housing,” Schultz said. Without tight enforcement, she said, “people on the street who could be in housing are not.”

By the time Verge bought the American, the Housing Department had determined it to be a residential hotel in 2008 and again in 2011. City records show Verge’s attorney inquired about the American’s status, and in a 2013 letter, the department confirmed it was subject to the residential hotel law, providing him a copy of the ordinance.

“I don’t even recall anything like that,” Verge said in an interview, asserting that he bought the American because he intended to run it as a tourist hotel.

How Verge turned the American into a tourist hotel

Verge said in an interview that he wanted to buy the American in 2013 because of its rich history and his own memories of hanging out with friends at Al’s Bar.

“We were kids from Santa Monica and liked to go there,” he said. It was, he added, a “different world.”

Al’s Bar, located on the American’s ground floor, rose to fame in the city’s arts and music scene in the 1980s and 1990s as it attracted up-and-coming bands like Nirvana, Hole and Sonic Youth. Some tenants thought of Al’s as their living room where they played pool and drank beer. But it also attracted celebrities. Then-Gov. Jerry Brown and singer Linda Ronstadt once dropped in at Al’s, where graffiti covered the walls and a neon sign near the bar warned, “TIP OR DIE.”

Patrons, including some American Hotel tenants, hang out at Al’s Bar in the late 1990s. The bar closed in 2001.

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Courtesy Sally Mander Howard

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But above all, the American provided cheap housing for people who didn’t have other options. The American, which was originally called the Canadian, was built in 1905 as the one of the only Los Angeles hotels where African Americans were welcome. And ever since, it had been a refuge for people on the margins of society. It was a classic residential hotel that one former tenant dubbed “a flophouse for artists,” offering basic single rooms and shared bathrooms.

At the American, former residents said they needed no application or credit check. A month’s rent would buy a month’s shelter, no questions asked.

When Verge took over, the American was in bad shape. In 2012, a housing inspector had warned the building department that the hotel was in danger of collapsing.

Verge denied offering buyouts to move and said the residents requested relocation payments from him. “I’m not a cash for keys guy,” he said. But seven former residents interviewed by Capital & Main and ProPublica said they had received a buyout offer and knew of others who had as well. A printed notice provided by a former resident says, “the owner of the building would like to offer relocation assistance to anyone already considering a move.” The former residents said Verge also promised that if they were willing to endure the noise and dust of a remodel, he would let them stay. And some did.

Verge said the American had been partially operating as a tourist hotel when he bought it. But five tenants said that wasn’t the case. “They were all residents,” Giner wrote in an email. A photo published in the Los Angeles Times in 2013 shows Verge perched atop a pay phone outside the hotel. Just above him is a sign that reads, “Apartments for Rent,” with the name of his company, Westside Rentals.

Verge had started other hotels, restaurants and bars and seemed to bet that the American’s mystique would lure guests willing to lug suitcases up stairs and share bathrooms for a chance to drink in the hotel’s bohemian past. Graffitied walls, an Al’s sign and a giant mural of L.A. artist Ed Ruscha adorn the building’s façade, though most of the American’s artist residents and the noise and chaos of the hotel’s heyday are long gone.

A guest leaves the American Hotel in April.

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Barbara Davidson

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Special to ProPublica

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For Verge, who once owned racehorses and was briefly the CEO of Santa Anita Park, it was a bet that paid off.

Yet Verge never applied to the Housing Department for permission to convert his new purchase, according to department records. And as he remade the American into a tourist hotel, Verge suffered no legal repercussions for failing to build replacement housing or pay the in-lieu housing fee to the city. Either option would have been costly: In addition to site acquisition, the cost of building affordable housing averaged about $450,000 per unit between 2014 and 2016, according to the Terner Center for Housing Innovation at the University of California, Berkeley.

Even when the American remodel began, it slipped undetected through a key enforcement mechanism in the residential hotel law: The Housing Department must approve building permit applications at residential hotels to ensure the owners aren’t converting rooms into tourist accommodations.

Five times between 2014 and 2018, the American applied for building permits. Verge repaired a crack in an exterior wall and put a new roof on the building. He remodeled bathrooms and repaired drywall and stucco. But only one permit was ever reviewed for adherence to the residential hotel law, according to building department records.

In 2016, a housing inspector found 32 rooms had been remodeled and a laundry area had been added, noting “permit required.” Records show the inspector didn’t inquire about whether the rooms were redone for short-term guests and never followed up. Verge wasn’t cited for violations of the residential hotel law.

The Housing Department’s code enforcement director Robert Galardi told Capital & Main and ProPublica that the hotel was inspected last November, resulting in “minimal code violations with compliance obtained in a timely manner.” The inspection made no mention of the hotel’s tourist offerings, which the hotel advertises on a sandwich board sign just outside the front door.

Told of the tourist conversion, Galardi said he’d “conduct further investigation.”

Failure to enforce

The Housing Department has plenty of mechanisms for enforcing the law, yet the city has used hardly any of them — even in the face of what appear to be violations.

The TikTok account of the Hometel Suites in Koreatown features videos of guest rooms and the reception desk as K-pop songs play in the background. Guests can dine on $115 steamed crab dinners at the hotel’s seafood restaurant. Years ago, the Housing Department had determined Hometel — once known as the Hamilton — to be a residential hotel, and in 2008 and in 2011 the department informed the hotel’s then-owners it was subject to the ordinance.

Galardi said his inspectors saw no evidence of short-term rentals at the Hometel when they visited the hotel in May 2019. But at least since March of that year, a three-story-tall banner on the façade has shown a family with suitcases on a luggage cart and the message “Book your stay today.”

General manager Becky Hong said neither she nor the owner would comment on Hometel’s residential hotel status or city enforcement, and she did not respond to emailed questions.

A review of more than 10,000 pages of Housing Department documents obtained under the California Public Records Act, including inspectors’ notes, correspondence and other enforcement records, along with interviews with housing officials, shows hotel owners have little reason to fear fines or prosecution for violating the residential hotel law.

Logan Altman, the former owner of the Ramona Motel in South Los Angeles, said when he bought the property in 2016, the previous owner had assured him he could rent out rooms on a nightly basis without fear of a city crackdown.

“What I heard was enforcement was somewhat lax,” he said. “The seller said he hadn’t had any problems.” And neither did Altman, according to Housing Department records. He sold the motel to a nonprofit housing developer in 2021.

In the past 15 years, L.A. Housing Department data shows, the city has cited just 17 hotels under the law. However, the city’s recordkeeping seems deficient: Capital & Main and ProPublica found two additional hotels it cited by separately looking through enforcement records provided by the department. Only four of the 21 residential hotels that Capital & Main and ProPublica found marketing rooms to tourists have been given warnings by housing inspectors for residential hotel violations.

A block away from Hometel at the H Hotel, a neon H on the building’s brick façade signals the former East West Hotel’s new hip vibe. A Saturday-night stay ranges from $200 to $270, and a crystal chandelier hangs above the lobby near a lounge where guests can order brunch and $115 bottles of champagne.

The H Hotel, formerly known as the East West Hotel, on 8th Street in L.A.’s Koreatown.

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Barbara Davidson

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Special to ProPublica

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A vendor sells clothing and kitchen items on 8th Street near the H Hotel.

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Barbara Davidson

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Special to ProPublica

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People dine at the H Hotel’s bustling restaurant, the H Cafe.

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Barbara Davidson

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Special to ProPublica

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Last year, a housing inspector noted that Nojan Haddadi, the H Hotel’s operations manager, told him that the property is currently being used as a “transient hotel,” using the legal term for hotels that rent rooms to tourists. But the hotel, which is officially designated residential, never applied to convert to a tourist hotel, Housing Department records show. And there’s no evidence in the records that the department took any enforcement action against the hotel for violating the residential hotel law. Haddadi told Capital & Main and ProPublica that the hotel hasn’t accepted long-term residents since 2019. He said he didn’t know if the hotel was violating the law but noted that the hotel’s management has asked the city to remove its residential designation. The H Hotel’s owner, Mike Barry, declined to answer questions, citing advice from his attorney.

When asked why the Housing Department hasn’t enforced the law against the H Hotel, Galardi noted that his inspector was barred from entering without an administrative warrant. Haddadi said the hotel had been instructed by its attorney not to let inspectors in. Galardi wrote, “Moving forward, staff will conduct further investigation regarding tourist units.”

Throughout the inspection records, a pattern emerged: Hotel owners or their attorneys could dodge city regulators simply by refusing to consent to inspections without a court order.

The department could obtain such warrants, but Galardi said that its inspectors have not secured them — to enter either the H Hotel or others whose owners have barred inspectors.

Even when city inspectors have attempted to enforce the law, their efforts have proved futile because they haven’t always followed up to ensure compliance. Between 2016 and 2018, L.A. housing inspectors ordered the owners of the Studio Lodge, Hyland Inn, Central Inn Motel and Top Hat Motel to either return their rooms to residential use or obtain the required clearances to convert them.

But after inspectors said they’d return to ensure the violations were corrected, attorney Frank Weiser, who represented the Hyland, the Central Inn and the Top Hat, sent letters to the Housing Department that said they would not be allowed to reenter without administrative warrants. Housing Department enforcement records show no evidence that inspectors obtained warrants — even though the hotels were also cited for fire safety and electrical issues that inspectors rated as “high severity” violations.

And until recently, travelers could still book rooms online at any of the three hotels.

The owner of the Central Inn and the manager of the Top Hat said they had recently begun providing short-term housing funded by local homelessness programs. But the Top Hat manager said the motel still does nightly rentals when there are vacancies, and both acknowledged they’d been offering daily rates until earlier this year. Neither hotel owner answered written questions about whether the nightly rentals violated the residential hotel law. The owner of the Studio Lodge didn’t return phone calls or emails seeking comment.

Weiser, who still represents the Hyland’s owner, said he thinks the hotel corrected its housing code violations. But he said of the residential hotel violations, “The bottom line: There was never any action taken by the city. I think that speaks for itself.”

Sharma, the law professor, who previously advised former L.A. Mayor Eric Garcetti on housing policy, noted the residential hotel law allows the city attorney to seek court orders to stop building owners from renting to tourists.

“I think by even filing against a few buildings, it sends a message to the rest of the buildings that the city is watching,” she said. “That’s how enforcement works in larger scale.”

The residential hotel ordinance also required the Housing Department to file annual reports to the City Council and mayor, informing them of the total number of residential hotel units, any conversions or demolitions and the department’s enforcement activities. But in response to a public records request, the department told Capital & Main and ProPublica that it didn’t have any of the reports. The city clerk’s office said it has no record of receiving any, and Galardi said he didn’t think the reports were ever compiled.

Good, the Housing Department’s senior policy adviser, said that understaffing is an obstacle to enforcement, pointing out that a single inspector is assigned to all of the city’s residential hotels. “There are significant capacity issues,” he said.

The bleak contrast between the American’s trendy remodel and the city’s homelessness crisis can be seen on the surrounding streets. On one recent day, a man pushed a shopping cart full of plastic bags past the hotel’s sandwich board advertising rooms and suites. On another, a man covered head to toe in dirty blankets stood against a graffitied wall as a tour group admired the art behind him.

Tourists on an arts walk pass a man draped in blankets in the heart of the Arts District in April.

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Barbara Davidson

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Special to ProPublica

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As tourists spilled out of the American, many said they were shocked by the seemingly endless tents pitched on downtown sidewalks and were startled to learn that the American was supposed to be reserved for the city’s neediest residents.

“I don’t like to hear that,” said Britt Booram, a real estate agent from Indianapolis as she got into a black van after checking out of the hotel.

Galardi said Capital & Main and ProPublica’s reporting had “gotten the ball rolling” on another potential enforcement tool to shut down short-term rentals in residential hotels: the city’s 2018 Home-Sharing Ordinance, which regulates listings on sites like Airbnb. But it’s rarely been used in the past. The city has fined just two hotels, and the planning department issued warning letters to a third hotel in 2020.

Only one of the three has stopped accepting online bookings. The others continue to advertise residential hotel rooms to tourists.

This is a developing story and will be updated. For the most up-to-date information about the fire you can check:

• LAFD incident page
• Latest evacuation map

Firefighters appeared to make quick progress against a brush fire the broke out Wednesday near the Getty Center.

As of 5 p.m., evacuation warnings had been issued for zones LFD-0895 and LF-0967, although the LAFD said no structures were immediately threatened as the water-dropping helicopters attacked the fire from above.

The fire broke out as Southern California endures high heat and record-breaking humidity.

The basics

• Acreage: 5 acres as of Wednesday evening
• Containment: Unknown
• Structures destroyed: None reported
• Deaths: None
• Injuries: Unknown
• Personnel working on fire: Unknown

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A prominent attorney working on a low-level criminal case in Long Beach is alleging the Police Department there concealed an officer’s assault conviction for years — potentially calling into question the legitimacy of hundreds of cases.

Scott Sanders, who exposed the Orange County jailhouse snitch scandal, made the allegations in a series of motions filed in Los Angeles County Superior Court to force disclosure of police records and dismiss charges against Lonnie Jacobs, 47, his court-appointed client.

Jacobs is facing felony charges after Long Beach police said they found a small bag of cocaine tucked inside his sock while he was held at a jail following an arrest in March 2025. Jacobs has pleaded not guilty to the charge of bringing a controlled substance into a jail, which could carry a sentence of up to four years in prison.

At issue is the arrest that landed Jacobs in that cell in the first place — which Sanders argues in court filings was based on misrepresentations of now-former Long Beach police Officer Erik Suarez.

According to the defendant’s motion to dismiss, Suarez resigned from the Long Beach Police Department in June.

In a filing made Sept. 8, the defense attorney said an investigator discovered that Suarez had been convicted of a misdemeanor in the beating of a man outside a Waffle House in Marietta, Georgia in 2019. He had initially been charged with felony assault.

At that time, Suarez had served on the Long Beach force for two years.

LAist attempted to contact Suarez by calling a phone number connected to him in public records. A man who answered said he was not Suarez, but asked what the story was about and said he would check with Suarez about contacting LAist.

In a recent court filing seeking more information about Suarez’s conduct, Jacobs’ defense asserts that the Long Beach Police Department knew about the conviction, but never disclosed this information to defendants or the Los Angeles County District Attorney’s Office.

That’s information Jacobs’ attorney argues was potentially exculpatory, and that withholding it amounts to a major violation of criminal defense laws. In the landmark 1963 case Brady v. Maryland, the U.S. Supreme Court established that law enforcement has a legal responsibility to disclose such information to defendants. In Jacobs’ case, for example, the Sept. 8 filing said information about Suarez’s arrest and subsequent conviction could have been used to impeach him as a witness, as well as in other cases Suarez touched as a police officer.

The Long Beach Police Department has not yet responded to LAist’s emailed questions.

“The actions of the LBPD demonstrate a complete disregard to the danger Officer Suarez presented to the community and to the due process rights of defendants,” according to the motion to force disclosure. “The concealment of Officer Suarez's arrest and prosecution enabled [LBPD] to hide mandated discovery related to Officer Suarez’s conduct from what have likely been hundreds of defendants during the nearly seven-year period between the time of Officer Suarez’s August 2019 arrest and June 2026.”

Jacobs’ attorney alleges in the filing that Long Beach has an “unwritten policy” to keep information that could be used to impeach its officers in personnel files protected from public disclosure.

“The potential systemic consequences are enormous,” the filing argues.

Summer Lacey, the criminal justice and police practices director at the ACLU of Southern California, called the circumstances outlined in the case “very problematic.”

“Not just to the individual,” she said, “but to the entire community.”

Lacey said the information about Suarez’s conviction should have been known to the prosecutors, so they could vet the reliability of the evidence presented by law enforcement, and turned over to the defense at the outset of the case.

A spokesperson for L.A. County District Attorney Nathan Hochman said in an emailed response to questions that they could not comment on what information they disclosed to Jacobs’ defense.

The District Attorney’s Office said it has a “collaborative relationship with the Long Beach Police Department,” and that the department does disclose material to prosecutors that is allowed under California law.

“Generally speaking, if our office had any such Brady material regarding an officer, we would have been legally obligated to turn that over to the defense.”

Lacey said if prosecutors did not have access to Suarez’s criminal record, the scope of people affected could be wide.

“We don't know how many cases are impacted by the potential unreliability of statements from the arresting law enforcement officer,” Lacey said. “This could impact people who have already pled guilty, who maybe are currently incarcerated, who are awaiting sentencing, or who are, like I said, incarcerated pretrial on other cases.”

In an interview with LAist, Sanders said the case raises three troubling issues: There’s the concealment of evidence leading to Jacobs' initial arrest, Suarez’s 2019 assault that was never disclosed, and the question of whether the Long Beach Police Department has concealed Brady material in other cases.

“If that's your modus operandi, we've got an enormous problem here,” Sanders said.

The underlying arrest that led to allegations about concealing an assault 

Long Beach police responded to the intersection of 52nd Street and Atlantic Boulevard after a man reported being held at gunpoint, with the robber driving away in the van he was repossessing.

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Megan Garvey

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LAist

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Just after 7:45 p.m. on March 18, 2025, Suarez and his partner Dylan Kelley responded to a call reporting a person with a gun at the intersection of 52nd Street and Atlantic Boulevard in Long Beach.

The alleged victim, identified in the filing by his last name, Ochoa, told the officers that he was attempting to repossess a black Dodge Sprinter van when someone threatened him with a gun, took the keys and drove off with the van.

Police later tracked down the van and detained Lonnie Jacobs and his brother, Lamar Jacobs.

According to court records, at the scene officers only presented Lonnie Jacobs to Ochoa.

Before seeing him, Ochoa stated that the suspect had braids, and body camera footage detailed in the court filing shows him gesturing to show long hair around his shoulders.

While looking at photos of the suspects in the van, Ochoa identified Lamar Jacobs. “That’s him! With the dreads!,” Ochoa is recorded saying on body camera footage.

Body camera footage shows Suarez confirming this description. “You said he had dreads? Can you remember if he has dreads?,” Suarez asks. The footage shows Ochoa nodding to confirm.

But Ochoa then identified Lonnie Jacobs in person, telling officers he recognized Lonnie Jacobs’ chain and ripped jeans as matching the person who pulled a gun on him earlier that night.

Jacobs’ court filings state that body camera footage shows both he and his brother wore the exact same chain, and they both wore ripped jeans that night.

In an interview with a detective for the District Attorney’s Office in August 2026 that is included in court filings, Ochoa said he was positive he identified a man with braids during the show-up.

Lonnie Jacobs is bald.

Lonnie Jacobs in a still from a police body cam on the night of his arrest.

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Long Beach Police Department

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L.A. County Superior Court filing

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Lamar Jacobs in a still from the night his brother was arrested. An officer is handing him a chain identical to one around his neck.

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Long Beach Police Department

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L.A. County Superior Court filing

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His attorney argued this fact is inconsistent with the description and should have disqualified Jacobs as a suspect, or at least warranted more questioning. Furthermore, he alleges Suarez failed to correct another officer at the scene who questioned why Ochoa didn’t see the hairstyle of the man who allegedly pulled a gun on him.

By this point, Ochoa had already described the suspect as having braids to Suarez and Kelley, according to the body cam footage, but Suarez did not correct the other officer.

“He couldn’t tell by the haircut,” Suarez said, adding he said “everything happened too fast.”

Jacobs’ defense alleges Suarez’s response was “actively misleading his fellow officers.”

Furthermore, body camera footage also shows Suarez agreeing with another officer who expressed doubts that Lonnie Jacobs was the one who brandished the firearm.

A still of officers discussing the potential suspects on the night of Lonnie Jacobs' arrest. A court filing by his defense said officers, including Erik Suarez, expressed doubts that he was the correct person.

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Long Beach Police Department

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L.A. County Superior Court

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“Yeah I think it was him, too,” Suarez said, referring to Lonnie’s brother Lamar. Lamar Jacobs was never charged in connection with the case.

In filings to the court, the District Attorney’s Office said the officers had probable cause to arrest Jacobs because he was in the van described by the witness and matched at least some of the characteristics of the suspect.

How that led to the Georgia case coming to light

Once Jacobs’ defense reviewed the body cam footage, they began attempting to depose Suarez in the case. Although Lonnie Jacobs was never charged with threatening Ochoa, the arrest led to the charges of bringing drugs into a jail. If the initial arrest was illegitimate, the drug case would go away.

The court scheduled a hearing earlier this year to discuss the evidence, but the Long Beach Police Department told Jacobs’ defense that Suarez was out of the country.

The defense subpoenaed Suarez through the Police Department again and on June 15, the department told the team that Suarez had resigned.

An investigator for Jacobs’ defense searched for his address to subpoena him at home. That search, according to the court filing, uncovered the assault charges in Georgia in 2019, two years after he joined the police force in Long Beach.

In the motion to dismiss the charges against Jacobs, his defense argues it is “plausible” that Suarez resigned from the police force out of concern he may have been questioned about his alleged misconduct that led to Jacobs’ arrest.

“However, it is also now apparent that Officer Suarez has been living with another secret that may also have propelled a decision to abandon his police officer position,” the defense wrote.

Through discovery, Jacobs’ attorney said in court filings they learned that Suarez had traveled to Georgia where he watched the Atlanta Braves beat the Los Angeles Dodgers 4-3 on Aug. 17, 2019.

According to an incident report attached to court filings, a witness saw Suarez wearing a Dodgers jersey in a Waffle House, “talking shit” and arguing with the victim.

“Suarez then walked up to the table where the victim was seated and began punching him in the face until the victim was left unconscious on the ground,” the filing describes. According to the incident report and other filings from that case, Suarez continued to punch the victim while he was unconscious.

The most recent filing from Jacobs’ defense says Suarez was arrested walking away from the restaurant.

According to a description of the crime by Barry Morgan, a Cobb County assistant solicitor general, Suarez “caused the victim significant injuries, including orbital fracture, fracture of the maxillary sinus, traumatic orbital hematoma, and concussion.”

A memo details injuries caused by Erik Suarez in a 2019 assault. A grand jury indicted him on two felony counts. He later pleaded guilty to a misdemeanor and served a year of probation.

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Cobb County Superior Court

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via L.A. County Superior Court filing

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“Defendant beat the victim while the victim was on the ground, apparently unconscious,” the description explains. “This should be aggravated battery.”

On April 1, 2021, a grand jury indicted Suarez on two felony counts of aggravated battery, accusing him of “seriously disfiguring” the victim and rendering his right eye useless.

Right before trial, Suarez pleaded guilty in November 2022 to reduced misdemeanor charges of battery, was ordered to stay away from the victim and Cobb County, and was ordered to take anger management classes. He was sentenced to 12 months, which he was allowed to serve on probation.

According to Jacobs’ defense, “Suarez’s actions in Georgia triggered immediate reporting responsibilities related to his employment” with the Long Beach Police Department.

The court filing explains that the Long Beach police manual requires officers to inform their watch commander when they are arrested by another department or under a criminal investigation.

It’s not yet clear when the department learned about Suarez’s arrest. But Jacobs' defense argues that if the department learned of the arrest between 2019 and 2026, “this would have clearly triggered Brady responsibilities in this case and numerous others.”

That information is relevant to the case against Jacobs, the filing argues, because “it is entirely logical that the same officer who beat a victim into unconsciousness and then cavalierly walked from the scene would just as thoughtlessly arrest a man for whom no probable cause existed — concealing that the victim previously identified another suspect who possessed features irreconcilable with the defendant’s culpability.”

When does law enforcement need to disclose misconduct? 

While law enforcement has a legal requirement to proactively disclose Brady material that could help defendants build their case, California law exempts most police personnel records from disclosure, except under certain circumstances including findings of unnecessary use of force and misconduct while on the job.

Jacobs’ defense attorney, in the Sept. 8 filing, alleges Long Beach police purposefully placed evidence related to Suarez’s conviction in his personnel file, where it could be protected from disclosure.

He wrote this “enabled the agency to hide mandated discovery related to Officer Suarez’s conduct from what have likely been hundreds of defendants during the nearly seven-year period between the time of Officer Suarez’s August 2019 arrest and June 2026.”

Furthermore, the filing argues “there is every reason to believe that the hiding of Brady evidence extends far beyond Officer Suarez’s conduct and is the product of a long-established undisclosed policy designed to conceal Brady evidence.”

The filing points to a June 2021 news article wherein a spokesperson for the LBPD told reporters that it does not maintain a formal list of officers whose case involvement triggers Brady disclosures, but that it “continues to comply with its obligations to share such information.”

By that time, Suarez’s assault case was nearly two years old and, according to Jacobs’ defense, had never been disclosed.

The El Niño climate pattern is here and, in Southern California, that can mean heavy rain in the winter — which is why experts say now is the time to prepare and make sure you’re signed up for emergency alerts. But for the thousands of people who lost their homes and businesses in the Eaton and Palisades fires, there are some additional concerns.

With no trees or vegetation with roots to hold soil together, open dirt lots are prone to flooding and erosion. That soil can still be contaminated with toxic metals, which can wind up downstream with rain.

But there are ways survivors can prepare their properties, according to experts LAist spoke with, including understanding how water is flowing in your area, applying organic mulch to bare soil, and diverting water from structures and foundations.

Organic composted mulch ftw

Natalie Levy, a soil scientist with the University of California Agriculture and Natural Resources, has been studying how organic mulch can help prevent erosion and reinvigorate soil on fire-scarred properties in Altadena since last year.

In a pilot project, she and a group of 14 Altadena property owners applied 1 to 2 inches of compost "erosion-control blankets" to their lots. The mixture needs to be a combination of fine-screened compost and larger, coarser, composted mulch.

"Think of this coarse composted mulch as a protective blanket," Levy said. "Your strategy here is you're reducing rainfall hitting bare soil directly.  We're really trying to slow the movement of water down and give it more opportunity to infiltrate."

The larger pieces of mulch dissipate the energy of rainfall, while the finer compost can break down and help nourish the soil over time, Levy said.

The pilot analyzed 14 properties before and after significant rains last year. Levy found the properties with organic mulch had less erosion.

"Instead of a mass of soil that had fallen off of the edge of the parkway, we saw very clean curbs and less actual sediment in that storm drain," Levy said.

Lydia Whitlock was one of the participants in the pilot. A UC Master Gardener, she wanted to find more natural ways to clean her soil and prevent erosion after her home burned in the Eaton Fire. She worked closely with Levy and later contacted local native plant and nature-based stormwater capture experts, Hardy Californians, who connected her with a local landscaper to spread 645 tons of organic mulch across more than 128,000 square feet of her and her neighbors' properties.

A truck dumps organic composted mulch on Lydia Whitlock's property in Altadena.

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Courtesy Lydia Whitlock

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"Seeing how tended for and cared for the land looked as opposed to how it had looked as just bare dirt, it really felt like, oh, I'm taking a step towards coming back home," Whitlock said.

She was especially pleased with a neighbor’s property across the street, which had a steeper slope.

"After the first rains post-mulch, we noticed that she had almost no soil movement whatsoever," Whitlock said.

The county paid for the mulch to be applied for this pilot, but Whitlock said she hopes there's a broader effort and additional support from local authorities ahead of the rainy season, which officially starts mid-October. Many of the lots covered in the pilot have now been uncovered as rebuilding continues, Whitlock said.

"It was encouraging to get this done," she said, "but at the same time, 14 lots feels like a drop in the bucket compared to how many still-empty dirt lots there are around Altadena."

Other ways to prepare your property 

Meanwhile, Parker Davis, founder of Hardy Californians, said there are other affordable ways to prep your property ahead of potential significant rain. The group has been working closely with fire survivors on natural soil remediation strategies, as well as erosion control and water capture.

In most cases, on properties with moderate to minimal sloping, he said, residents shouldn’t be all that concerned.

"In general, the moderately-sloped [properties], they can help themselves," Davis said.

However, Davis emphasized, people right against recently burned hillsides do need to prepare for more significant mudflows and potential evacuations.

"People should really start preparing now," he said. "Crews are going to get busy, and once things get wet, then there's not a whole lot you can do about it."

Here are some other ways to prepare your property, according to Davis:

• Filling and placing sandbags now
• Staggering chain link fences on sloped properties can help capture debris
• Creating channels to redirect water from construction areas (though be sure to coordinate with neighbors if you can’t direct to a public storm drain)
• Apply jute on exposed soil under mulch on hillsides. That can also be used in combination with natural material wattles (some are made with plastics, which Davis doesn’t recommend, as it can contaminate soil and water)