Home Antioch Letter Writer Explains Why He is Suing Antioch Over Urgency Ordinance Proving 90-Day per Month Repayment Plan

Letter Writer Explains Why He is Suing Antioch Over Urgency Ordinance Proving 90-Day per Month Repayment Plan

by ECT

On Tuesday, the Antioch City Council voted 5-0 to extend its moratorium on evictions and rent increases for residential and commercial renters in Antioch until July 15 with the goal to match the County’s current ordinance. After July 15, renters will have 120-days per month to pay back their back rent—this extensions does not relieve a tenant of the obligation to pay rent and does not restrict an owners ability to recover rent due.

In response, Antioch resident Mark Jordan issued the following comment and provided this comment in the form of a Letter to the Editor.

Mayor and Council,

For the citizens of the City of Antioch, let me bring you up to speed.  

I am a Plaintiff in a lawsuit against the City of Antioch concerning the Urgency Ordinance passed on March 31, 2020 No: 2182-C-S.  The case number of my suit at the Superior Court of California, County of Contra Costa is MSC20-00976.  

Why am I suing the City of Antioch?  Because when they passed the Ordinance they violated the Constitution of the United States and also the Constitution of the State of California.  They violated your rights.

I noticed them that in passing the Ordinance they were making a mistake but they pressed forward.  I demanded they rescind the Ordinance.  They did nothing.  The Courts opened and I filed.

Just so you know when an elected official violates the Constitution they are violating their oath of office and are therefore in a position where they may be held criminally liable and where qualified immunity may not protect them.  Not a good place to be Mr. Mayor, Council Members.

It is not that tenants did not need protection initially because of the pandemic.  They did, but when the City created a 90 day repayment period for each month a tenant was not paying rent, that was too far.

Miss a year’s rent, get 1080 days to catch up.  That is almost three years.  Nonsense.

This is governmental interference in private contracts and there is case law all the way back to the beginning of the Republic.  You do not pass the general legal three point test to validate your action.

So, why did the City Council do this?  Because; the City Attorney, Mr. Smith is providing very poor council.  And, although Mr. Smith has an excellent legal education he has little time in the practice of law.  

Advice to Counsel Smith, wisdom comes with age.  You are over your head.

The City now is attempting to sunset the Ordinance stating tenants have other protectors.  True, but the real reason is that the City Attorney is trying to create a situation in which he can file a response and claim the matter is moot (over).  It is not.  Constitutional violations remain past a sunset.  And, I will press the matter.

Antioch, also know this.  I called the City Attorney last Friday after reviewing Agenda item 9.  There has been NO return call.  I talked with Mayor Wright yesterday stating I had reviewed the information and was prepared to sit and work out a settlement and informed him that there has been no response from Mr. Smith.  

Since that discussion there has been NO response to my offer from the City of Antioch, Mayor, Manager or Counsel Smith.  When any citizen cannot get a return phone call, government is failing.  You are failing City Council.

Therefore; Antioch be informed that your City government, our City government, my City government is prepared to spend our money on a matter they will not win and should be anxious to conclude.  

Did Mr. Smith miss the class at Harvard on settlement?  What exactly are you trying to achieve City Council?

This is not my first run in with the City of Antioch.  The first was about Religious Freedom and I had to bring in legal counsel to explain the U.S. Constitution.  I prevailed.  A church was able to obtain their sanctuary.

The second was a suit in which the City violated the California Constitution, Prop 218 over a number of years and agreed to return nearly a million dollars to Antioch Enterprise Funds.  Police don’t patrol or protect sewer lines.

City Council, you really want to go to court?  Really?  

If you do, know I’m all in.  I will press my rights and the rights of every other property owner in Antioch.  Not to the detriment of tenants but to the equality of the law, due process and our, everyone’s Constitutional rights.

My phone works just fine.  You have to dial the seven digits.  It’s a local call.

Mark Jordan

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Frank Jun 24, 2020 - 7:28 am

Go Mark go!! Press that pedal to the metal and stand up for us landlords whom get screwed everyday by this council.

Jg Jun 24, 2020 - 9:58 am

Thank you for standing up against government tyranny. We have seen too much of this type behavior by rogue elected politicians lately. They need to respect and follow our constitution if our society is to remain free from government intrusion.

Marty Fernandez Jun 24, 2020 - 10:08 am

We stand by Mark Jordan 100%. Thank you Mark.

This city needs to revisit the choice of Mr. Smith as City Attorney. They have made a huge error.

Marty and Nancy Fernandez

Mary Jun 24, 2020 - 12:35 pm

Mark Jordan is a well-known scumbag and a jerk in the entire city. He needs to be locked up, the guy is completely nuts. He says C.A has little experience but holds a law degree, what about you Mark? Do you? It seems you know a lot about laws Lmao! I feel bad for his renters, he is a psycho, and I’m disturbed eastcountytoday gives a stand for the lowest of the lowest citizens of this city. He makes his renters pay for his own water that’s the type of delinquent he is.

IamGroot Jun 24, 2020 - 8:46 pm

Your right he’s a tool with short man’s disease. Nobody I know likes him in the least. He’s always been a smug little angry douche with a rep for f#$%ing his tenants over. It always kills me when guys too short to serve their country start spewing shit about the Constitution when it comes to money….smh

Chuck Jun 24, 2020 - 1:37 pm

Thank You for standing up for us Landlords!! I am your neighbor and would like to speak to you when you are available.
The City is constantly wasting taxpayer funds trying to defend lawsuits (they continually lose). It is of great concern!

Marty Fernandez Jun 24, 2020 - 3:15 pm

Mary, I have known Mark a good many years and have a great deal of respect for him. I have also lived in Antioch 50 years and know alot about Antioch.

albert martel Jun 24, 2020 - 7:03 pm

i don’t know Mark but he sound like a moron.. All the city did was said you can’t evict folk doing this pandemic and any rent you out of will be recover over 90 days once we out of the pandemic then he be free to rob his renters blind . it said his place in hell is well reserved..

Miguel Jun 24, 2020 - 10:33 pm

Mark gets a head by hurting the next person. I hear no love in his letter. Just hate.
Mark’s that landlord, that will issue a three day notice at the stroke of 72.01hrs.
Mark’s deserves everything, that he receives.
Not sure what is worse, dealing with a pandemic or Mark.
I would choose pandemic.
Do the people agreeing with Mark really do not have any love for your renters? Are they not your neighbors in life? A bet most of your renters are families, what little regard for life. Don’t follow…Walk the narrow path and love each other.

Loretta Sweatt Jun 25, 2020 - 12:28 am

Landlords should have a moratorium on paying property taxex. If rent is not being collected, then there’s no money to pay taxes, or water, or repairs. Everyone should get a pay break, not just the tenants.

Nicholas Jun 25, 2020 - 4:16 am

I do not disagree with you Mark on your legal claims because I have had a very vague discussion once long ago about this. I respect your right and am thankful of your knowledg to up hold and ensure the consitution and our rights are protected and thankful East county published the letter. My question to everyone Are we prepared if say a national dissater or major threat of national security is at stake a pandemic nuclear fall out what ever the attack or threat may be do we as good Americans who can not go to work because of said threat who many out there do live pay check to pay check do we just kick them out? Do we bale them out?? What do we do?? I know this man needs to collect his money and his constitutional right has been violated. I not trying to piss anyone off but how many of his renters did he have to kick out? What are his losses? Antioch was not the only city to do this and I don’t believe Antioch would have ever stepped forward with this had the remaining cities of Contra Costa County figured a semi legal method of doing so or they just took a deep breathe and ran with it and I’m sure they may have been a bit scared to do so.
I have to say Thank You so much Contra Costa and Antioch for doing the right thing this country took a major hit and you saved so many lives and actually understood that thousands of people would be on the street had you not acted with the renters protection. This has impacted so many people I’m just amazed how we have handled this tremendously tough situation and we are not done yet and hope we can learn and better prepare for worse case scenarios and I hope we can come to a resolution on the matters one day moving forward even in the simple case of forbid One loses his job and can no longer pay the rent then just tossed in the street with a evict stamped on the record for 5 years Can there ever be renters protection of some sort!?? Just a thought from a Millennial

Michael Kitterman Jun 25, 2020 - 7:21 am

“Short man”, “scumbag”, or “moron.” Whenever you use words like this you really discredit your entire message. Try putting some sophistication into your comments. If you have a valid point to share there is no reason for name calling or vague accusations. To simply call someone names does not reflect well on you.

P. Owner Jun 25, 2020 - 7:57 am

Mark, thank you for voicing the concerns of “PROPERTY OWNERS”. It seems as if ALL the negative reactions came from those that do NOT realize we too have struggles and bills to pay. County Taxes renters NEVER have to encounter, Mortgage payments.. I suppose they really believe if they don’t have those additional cost overheads no one else does. In their eyes it’s perfectly fine if we lose our property to the banks, as long as they have a roof over their heads even at your expense. Recouping monies owed is somehow dastardly. Quite simple, when YOU signed the Rental contract, that was YOUR integrity on the line, yes anyone can run into situations out of their control and there is empathy about it. Ask yourself a question, when was the last time YOU voluntarily GAVE not paid but GAVE your landlord an extra 2-3 months worth of money and expected nothing in return for it???

phillip Jun 25, 2020 - 9:04 am

He will lose. Public health and safety issues. Not going to lose your property to the banks. Adjustments will be made. Stop trying to evict people and fix your business plan

Mark Jordan Jun 25, 2020 - 2:54 pm

To answer some comments:
I am a property owner and landlord, and a real estate broker of 42 years
I’m 64 years old and was just admitted to Law School this year for the fall. It is deferred for a year
I have a degree in Political Science, from the University of California at Davis, so I’m not a moron (see previous comment)
The law suit has all the specifics, I wrote it including the Motion for Temporary Injunction, they are public record
I am 5’7″ tall, acceptable for service, but too old now
My best friend is a dog named Henry, so I have at least one friend always

Marty Fernandez Jun 25, 2020 - 6:33 pm

Congratulations Mark! We can see you doing this

Marty and Nancy

Lawyer Bob Jun 29, 2020 - 3:04 pm

I’m not a fan of Mr. Arrogant (Mark Jordan) but he is right. The Social Justice Warrior of a City Attorney is letting his own agenda creep in again and it is going to cost us all some money. Bad choice of an attorney by the City Council. He is going to get his experience at our expense. Probably a good idea to get this settled. Maybe the City Manager needs to step in, he seems to be the only adult in the room during this election season.

Aaron Jul 2, 2020 - 3:11 pm

Wow, money makes people less human. Political power, and people who want that power are one in the same. This breaks my heart and especially hurts knowing that my babies are more than likely going to have to deal with worse when they become independent. For those of you who think it’s friend you have or don’t… think back when you were a kid and your principals, i bet that kid would not want to be your friend now. This pandemic is hard enough, trying to overturn a safety bumper that will help keep a child safe with a roof over they’re heads at least for now is sickening. If your that worried about that money focus on petitioning for your own safety bumper… daily i lose faith in humanity, it’s time to come together.


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