People v. Artykov CA1/3

BACKGROUND

Avalon owned an apartment complex in Walnut Creek and allocated a percentage of the apartments to affordable housing. Avalon employee Matthew McVicker oversaw the affordable housing program and maintained the applicant waitlist. In 2010, Artykov moved into an apartment at the complex. Thereafter, Artykov began asking McVicker about the waitlist and the availability of affordable apartments. Initially, Artykov asked McVicker

Undesignated statutory references are to the Penal Code. Our factual

recitation is taken in part from our unpublished opinion in Artykov’s appeal from his conviction. (People v. Artykov (Oct. 29, 2020, A154379).)

1 to put applicants at the top of the waitlist; eventually, Artykov gave McVicker money to bypass the waitlist altogether. When an affordable apartment became available, Artykov provided McVicker with a name. That person would complete an application, get approved, and move into the apartment. Artykov gave McVicker more than $1,000 to place numerous tenants who did not qualify for below-market rent in affordable apartments. For individuals seeking affordable apartments, Artykov demanded a one-time payment of a significant sum of money,…