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BLOG: Fickett's Sunset Lanai: Protecting A Cultural Resource

The Edward H. Fickett, FAIA designed Sunset Lanai Apartments is being threatened with Ellis Act by the owner. Resistance by the owner for historic designation is due to financial hardship.

Built in 1952 by “American Hero” Edward H. Fickett, FAIA, the Sunset Lanai Apartments (1422 N. Sweetzer Avenue) is one of the handful of exemplary work by the mid-century modern master and once known as an urban oasis. The West Hollywood Historic Preservation Commission and City Council have both voted in support of designating the Sunset Lanai as a cultural resource.

Unfortunately, the owners of the property, Edwin Silver and family take no pride of ownership with this property and are declaring financial burdens associated with historic designation calling for an appeal of the nomination.

When it comes to preservation and restoration, the costs are not that much more than general contract work. The key is finding the right contractors to do the work professionally and with integrity to the original design. In fact, if the owner’s chose to accept the designation and file for the Mills Act through application, they would have a great opportunity to relieve themselves of certain taxes associated with the restoration to lower repair costs.

Mind you, most of the costs associated in their complaints and cost analysis delivered to Council are for the repairs of general upkeep that any building owner must maintain, such as a new roof, upgrading general building systems, general upkeep and maintenance and termite control. Again, basic items all buildings have to maintain or replace from time-to-time to help maintain structural integrity.

Now, it seems the Silver family is placing these common financial burdens of owning a business onto the city’s shoulders. Through the years, they have proven they do not like to spend money on the building.

The Sunset Lanai has been in the Silver family since the beginning. Edwin Silver and family purchased the 20-unit apartment complex from his brother’s estate, i.e. pennies to the dollar. His brother, a surgeon at Cedars Sinai was the original owner purchasing the complex from developer, George Alexander.

One of the major costs to the owners is building systems, which include electrical upgrading to include individual meters. Since the building was built in the mid-century, things have changed, but the Silvers never kept up with time. Instead, they are crying the financial burden to run a business is just too much. Like in any business, “too hot in the kitchen, then time to get out.” If you do not like being in the business of being a landlord, then time to sell and move on.

Fortunately, Mr. Fickett built a fine example of mid-century modern architecture and design through his engineering and thoughtfulness that can still be seen today through the hidden jungle you are greeted by.

The shortsightedness on behalf of the Silvers is to not see the true reward in up-keeping a cultural resource. Another financial point in favor of designation is that the value of the property increases with historic status. I have never heard anyone say, “It’s a landmark, must be worthless?”

Like in any business there is a potential for failure. If Mr. Silver wants to turn a designation of a historic building into a way to have the city pay for general upkeep costs because he is cash-poor, I want to win the lottery, too!

Unfortunately, even if the City Council denies the owner’s appeal, there could be further ramifications made by these owners through litigation, but welcome to West Hollywood, folks. Mark Lehman (Soho House, WeHo Chamber of Commerce), attorney for the Edwin Silver family states in the written appeal to the City: “Designation of this questionable Property as a local cultural resource would no doubt impose severe economic hardship over the long-term and force the Property Owners to consider Ellis [Act] or other avenues to alleviate the hardship.”

I would not recommend the Ellis Act approach if already claiming to be cash-poor. What income would they have for seven years after declaration and relocating tenants? The Silvers would also have to relocate the five units occupied by extended family members who currently live in the building. Somehow the conditions of this building are suitable for the owners’ extended family, but not worthy enough for the owner to properly maintain? The financial costs associated with the Ellis Act are only suitable for the big players, which the Silvers are not.

The appeal being made by the Silvers is just bogus and a way for them to get the City to pay for general business costs. I say deny them the appeal and start citing code violations. The City can then place a lien if the violations are not paid. This would give the City a little more power of persuasion to convince the Silver’s to clean up their act and be responsible business-owners. 

The City Council votes on the appeal (Public Hearing item 3.A) Monday evening, starting at 6:30pm in the Council Chamber.

Chloe Ross July 15, 2012 at 04:18 pm
Don't you just hate it when this happens? And I'll bet the building has rent stab units as well. The old standby cry of poor mouth is a tired one. The cost of doing business (and rental property ownership IS a business) is upkeep and maintenance. Done in a timely fashion it upgrades the property value and is value added. Left to rot - it rots. I thoroughly agree that code violations are a good place to start. They are pricey and add cost to repairs. (see cost of doing business). I would say the Silvers and their conflict of interest legal counsel are approaching murky, sharky waters. As much as I did not want to attend the CC meeting Monday - I shall indeed go and share my views - this is very fine information Mr. Ward. Thank you for bringing it to my attention.
Lynn Russell July 16, 2012 at 12:21 am
Excellent Steve. Where is pride of ownership for this gem of a building? Although essentially a classicist in design and architecture, I've been fortunate to learn much about the portfolio of work by Edward H. Fickett in the last year or two. I've grown to appreciate his point of view, the connection of his buildings to their settings and the spirit of their resonance with the California lifestyle. The uniqueness of the Sunset Lania is evident even through the layers of neglect. It seems incredulous that one would have so little respect for the engine of one's business and for the residents Mr. Silver has entered into a contract with to provide habitable surroundings. The lack of respect apparently extends even to resident members of the family. Having reviewed the details of necessary repairs it seems negligent that an owner would not have sought solutions much earlier in the game as repairs become exponentially more costly. Here we have another situation spotlighting deferred or no maintenance similar to the El Mirador story. This seems to illuminate the need for comprehensive proactive measures by the City to be more knowledgeable about its potential resources but also more diligent with code compliance, penalties and possible sanctions. The broader picture involves the challenges of Rent Stabilization and Housing. It appears ethically challenged for all parties to do less and to have these issues simply fester.
Frank Parks July 16, 2012 at 01:02 am
I am sure that the Silver family does have a plan, and it probably includes either selling the property or doing condo conversions, everything seems to ALWAYS be about money these days, and its too bad that West Hollywoood continues to be decimated one block at s time. So much character and charm bring torn down ...
joninla July 16, 2012 at 05:39 am
It may seem that 'money' is always the issue 'these days', but it is not any more of an issue than it always has been.
I am not taking sides, but pointing out the basic facts. We live in a Market Economy where the price of virtually everything is set by the basic Supply/Demand model. To be more clear, we (the U.S.) have a free market system designed to encourage everyone to seek and get the highest amount of profit from whatever they choose to do. An apartment is 'investment property' and 'pride of ownership' is not a function of decision making under our system. If the city wanted a policy to encourage preservation of such properties they would have to set up some kind of system making it more financially beneficial for the owners of these properties to preserve them. The City just saying "we are committed to preservation" is meaningless without a form of profiting more for preserving investment properties in the city. The City did not and has chosen to not attempt to entice peservatoin. In fact, the current state of the remaining historic building all being threatened was known as an inevitable situation after deciding to create a blanket rent controlled city without the financing structure necessary to make it feasible. This loss of our history is the price we are now paying for the system known to lead to what we now face and known 25 years ago but not mentioned when promising rent control and historic preservation. Time to pay the piper.
Lynn Russell July 16, 2012 at 03:50 pm
Although the City currently offers many incentives for preservation, serious issues have emerged that indicate the need for comprehensive reevaluation. This can only occur in conjunction with the constraints of Rent Stabilization which affects the entire Housing picture, historic properties as well as serviceable affordable housing. It has been suggested that the City embark on a close review of the entire spectrum in order to meet the justifiable, documented needs of the property owners. Various individual concepts have been presented by City Staff, Planning Commission and Council Member D'Amico. Since this involves the built and human infrastructure of West Hollywood hopefully there can be major focus on such an endeavor. Seeking additional means of financing for such a program as well as redirecting current allocations that seem to focus on fun and entertainment would be worthy of consideration. There are many aspects to the picture that need close scrutiny rather than lurching from one emergency to another and placating those individuals that demonstrate unfair business practices.
Shawn Thompson July 16, 2012 at 08:21 pm
West Hollywood's Historic Architecture needs to be protected from the developers lobby's efforts to see only the bottom line on a piece of real estate. As well as land lords who have no commitment to being stewards of their property's.
joninla July 16, 2012 at 10:09 pm
To expect anyone with investment property to have any value system othan than maximizing their return on their investment. Trying to 'shame' them is pointless. Recognizing the owners rights and having a system in place to have ongoing disussions with the owners of historic properties THE CITY WANTS to preserve.
There are 25 yeara of lost opportunity to ameliorate the problems leading up to the inevitable deterioration requiring mire in repairs than the investment propety can return. in fact the city has consistently antagonized the owners of investment property, made promises to residents they had no abilith to deliver, and fostered ever increasing tensions between landlords and tenants. it's no wonder the owners of historic buikding are so fed up that whatever human desire for what people call pride in ownership they might have had is long gone and recouping as much of what they invested in is all that matters, especially in this economy.

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