Tenants

Tenants target Airbnb rentals before hearings on regulatory legislation

56

As the San Francisco Planning Commission prepares for an Aug. 7 hearing on Sup. David Chiu’s widely watched legislation to legalize and regulate short-term apartment rentals through Airbnb and similar companies, the San Francisco Tenants Union tomorrow [Tues/29] launches a “citizen enforcement” campaign against these currently illegal rentals.

Seeking to highlight the fact that “hundreds of tenants have been evicted and thousands of rent-controlled apartments in San Francisco have been illegally converted to hotel rooms in violation of two San Francisco laws,” SFTU announced it will begin posting signs on illegally converted buildings to warn tourists that the rentals are displacing city residents.

The campaign starts tomorrow at noon at 1937 Mason Street, a three-unit building where SFTU says all tenants were evicted under the Ellis Act so the units could be rented out through Airbnb and other online rental services. It’s the latest step in SFTU’s campaign to highlight illegal conversions, filing more than 50 complaints with the city and threatening further legal action. [UPDATE: A senior Airbnb official told the Guardian that no Airbnb hosts have rented out units at this address. Gullicksen said the units were rented out through VRBO.com, an Airbnb competitor].

“San Francisco is facing a severe housing crisis with soaring rents and evictions,” said SFTU Director Ted Gullicksen said in a press release. “It’s intolerable that the City is tolerating thousands of illegal conversions and thus facilitating hundreds of evictions.”

Apartment rentals of less than 30 days have long been illegal under city laws, including Administrative Code 41A, in order to protect the city’s rental stock for permanent residents. SFTU worked with Chiu’s office in crafting legislation that would legalize short-term rentals in residential areas but set a number of conditions, including a requirement for hosts to register with the city and limit rentals to no more than 90 days per year.

Airbnb is headquartered in San Francisco, but it has long defied city law and refused to collect required transient occupancy taxes on its rentals even after the city definitely ruled they were owed. The company pledged to finally start collecting the taxes sometime this summer and it has sought to make over its scofflaw public image with new branding and outreach efforts.

But with the company facing similar criticisms of its business model in New York City, Berlin, and other cities with strong housing demand, San Francisco’s regulatory effort is expected to be a high-stakes and high-profile struggle that will ultimately be decided by the Board of Supervisors, probably sometime this fall.

Meanwhile, some enterprising young disrupters have decided use Airbnb and state laws protecting tenants to start squatting in the properties of some of their hosts, creating big legal headaches for the owners and payoffs for the squatters. And just because we at the Bay Guardian were the first newspaper to suggest this idea, we seek neither blame nor credit. 

Landlord plaintiff in eviction fee case has history of tenant law violations

37

San Francisco landlord attorneys filed a lawsuit on Thursday against San Francisco and five tenants in an effort to overturn Sup. David Campos’ new law requiring higher relocation assistance payments to tenants evicted under the Ellis Act, but the main plaintiff in the case may not be the helpless victim the suit purports him to be.  

Under the recently implemented measure, landlords must now pay the difference between their tenants’ current rent and the cost of “comparable” units for two years, as determined by the City Controller’s Office. Though many property owners haven’t been deterred by the measure, as evidenced by the Ellis Act evictions that continue to sweep the city, a group of landlords and their attorneys filed a lawsuit (Jerrold Jacoby et al. v. City and County of San Francisco, et al.) claiming the new law is unjust.

“The city has tried to change the rules on them,” said attorney Andrew Zacks, who represents the plaintiffs. “We don’t think that is allowed under the law.”

Jacoby, the lawsuit’s main plaintiff, is an 80-year-old property owner who, according to tenant attorney Joseph Tobener, is a “slumlord” who has mistreated his tenants and failed to adequately maintain his valuable rental property.

“He is in the business of landlording. That is all he does,” Tobener, who represents three of the five tenants being sued in the lawsuit, told the Guardian. “The lawsuit against the City only used Jacoby as plaintiff because he is a senior…They think this guy Jacoby, a slumlord, is a perfect plaintiff, but they misrepresent this story in their complaint.”

One of Tobener’s clients, Judith Barrett, is a 62-year-old single mother who teaches English at Galileo High School in San Francisco. She has lived in her current unit for 25 years, and she lives paycheck-to-paycheck.

Barrett, who Jacoby recently evicted using the Ellis Act, has been involved in protracted legal proceedings with her landlord in the past. Tobener said Jacoby and unit co-owner Jeanmarie Hryshko (Jacoby’s ex-wife) have collected more than $22,500 in illegal rent since October 2009, according to a ruling by the San Francisco Rent Board. That’s just the tip of the iceberg, according to Tobener, who said there was “much more prior” but that it extends beyond the statute of limitations.

Using a clause in the San Francisco Rent Board’s regulations, Jacoby claimed “financial hardship” when sued by Barrett over the illegal rent collection. “He tried to file a hardship exemption for the $22,500 at the Rent Board and he lost,” said Tobener, who also noted that Jacoby and Hryshko still owe Barrett an additional $8,000 because they executed the eviction before the reduced rent could cover the landlord’s debt to his tenants.

Barrett’s eviction, according to Tobener, was prompted by a lawsuit filed by tenants that claimed the landlords wouldn’t make “even the most basic repairs to the subject unit.” The lawsuit, which is still pending, claims that Jacoby and Hryshko have saved hundreds of thousands of dollars over the years, though they have an equity of $1.8 million on the two-unit property.

“That’s flat out untrue. There is a chronology that completely undercuts Mr. Tobener’s statement,” Zacks said, noting that aggressive moves by the tenants—specifically ”legal threats” from Tobener—ultimately resulted in the Ellis evictions. “This is exactly why we have the Ellis Act and why it’s an important right for property owners. The notion that [Jacoby] should have to pay $100,000 to stop being a landlord is not only unfair, it’s illegal by state law.”

The “aggressive moves” in question are chronicled in Tobener’s letter to David Wasserman, an attorney involved in the case. Tobener believes Jacoby and Hryshko have no intention of living together, and that they instead hope to rid their debt by evicting their rent-controlled tenants.

“If we are successful in proving that your clients have ulterior motives or are retaliating against the tenants, we will then file a wrongful eviction action against your clients,” Tobener wrote. “By now, I am sure your clients have wrongful eviction insurance. Perhaps they take comfort in the protections this insurance will provide them should they lose their unlawful detainer bid. But, what your clients may not know is that their insurance policy will not cover our largest seam of gold — the treble-damages penalties under the San Francisco Rent Ordinance for wrongful eviction.”

In the event of an unfavorable ruling, Zacks said he and his client don’t plan to remain complacent. “If the local judge agrees with the city,” he said. “We will appeal.”

Indeed, could be just the beginning of epic court battles between landlord and tenants advocates in San Francisco, where the hot housing market has triggered an eviction epidemic. The November ballot includes a tax on real estate speculation, which landlord groups have already threatened a lawsuit to challenge.

“Ellising a two-unit building is a real estate speculation play,” Tobener told the Guardian. “They are going to remodel and sell as TICs [tenants-in-common] to wealthy new owners. They cannot re-let the units, so they have to remodel and sell.”

 

Anti-Eviction Mapping Project highlights Urban Green’s record of displacement

5

The Anti-Eviction Mapping Project’s latest creation illustrates the eviction history of Urban Green Investments, a San Francisco-based real estate company that was recently put in the spotlight with its controversial attempted eviction of 98-year-old Mary Elizabeth Phillips.

The Mapping Project’s graphic shows the properties owned by Urban Green and its affiliates, assets that number 385 units in more than 15 buildings. According to the Mapping Project, they have displaced “numerous tenants in the San Francisco Bay Area,” led by the efforts of CEO David McCloskey.

“The Anti-Eviction Mapping Project created this map to expose how large and interconnected the Urban Green and McCloskey network is,” said Erin McElroy of the Anti-Eviction Mapping Project. “We have been shocked at how many tenants they have pushed out and in how many cities they are flipping properties.”

Urban Green’s website advertises the company as a “fully integrated real estate company with brokerage, property management and development capacities.” The company’s strategy is to acquire property, then add value by “increasing efficiencies, enhancing entitlements, and employing carefully calibrated green renovations.”

In recent years, Urban Green has been busy displacing tenants, including in October 2012, when it purchased a multi-family portfolio with 130 units in San Francisco. According to the Mapping Project, the company is involved in around 40 LLCs, “many of which they use to evict tenants and then flip buildings.”

“Companies like Urban Green wouldn’t be evicting tenants like Mary Phillips if we stopped the profiting of buying up then evicting whole buildings just to sell them quickly,” San Francisco Tenants Union Director Ted Gullicksen said in a statement. “We need to pass a surtax on transfers of apartment buildings within five years of last sale this November if we are to stop these displacement practices of speculators like Urban Green.”

Gullicksen referred to the anti-speculation tax that tenant activists and progressive members of the Board of Supervisors has place on the November ballot. Representatives of Urban Green have not returned Guardian calls for comment, but we’ll update this post if and when we hear back.  

Even residents outside the Bay Area have not escaped the reach of the McCloskey family, which has a long history of evictions. Urban Green is currently a subsidiary of the business run by David McCloskey’s Thomas McCloskey: Cornerstone Holdings. The family owns property in Colorado (where Cornerstone is based), New York, Hawaii, and California, according to the Mapping Project. Perhaps most controversially, the family owns 300 acres of land in Hawaii, called Kealia Kai, which greatly angered the Kaua`i people in the 1990s. After buying the land for $17 million, McCloskey unsuccessfully attempted to build a private beach community with his land.

More than 2,000 miles of sea separate Hawaii from Phillips’ apartment, but the residents of both areas are suffering similar fates at the hands of the McCloskeys. And though Urban Green stated last week that it would not continue its attempt to evict Phillips, attorney Steve Collier of the Tenderloin Housing Clinic issued a statement making it clear that the company’s efforts are not over. According to Collier, Urban Green’s new strategy is to force out Brant, which would remove Phillips by default because she relies on Brant’s care.

“This has been my home for over 40 years and I don’t want to leave. . . I am just too old,” said Phillips, according to the Mapping Project’s website. “I didn’t sit down and cry, I just refused to believe it. They’re going to have to take me out of here feet first. Just because of your age, don’t let people push you around.”

SF bankers now exporting tenant-displacing TIC loans

15

Fractional mortgage loans used to convert apartments into owner-occupied tenancies-in-common have fed the eviction and displacement crisis in San Francisco, where the median home price just surpassed $1 million for the first time. Now, some of the same San Francisco banks that pioneered fractional loans here have started offered them in the East Bay and on the Peninsula.

TIC housing is an ownership model for multi-unit buildings, where each unit is independently owned. This option appeals to would-be homeowners because it’s cheaper than a condominium, but less fraught than a traditional loan shared by various owners in a TIC building, which does not allow for independent ownership of each unit.

TICs local have grown in popularity in San Francisco as housing prices continue to skyrocket, since they help homeowners find something affordable, although that benefit usually comes at the cost of evicting all the tenants in the building, often including seniors, those with disabilities, and low-income people in rent-controlled units.

Previously, fractional TIC loans were only accessible in SF. Now, as people seek affordable housing outside of expensive San Francisco, the demand for fractional TIC loans has grown. And San Francisco bankers have stepped up to meet that demand, according to a recent article in the San Francisco Business Times (“High-priced SF housing market exports fractional tenants-in-common loans,” June 28).

Sterling Bank & Trust has become well-known for providing fractional TIC loans (more than $480 million worth so far, according to the Business Times), and is the first company to offer the loans outside of San Francisco. “We’re helping the firefighter and school teacher, or what I like to call the ‘non-tech’ buyer, purchase a home,” Stephen Adams, senior vice president of Sterling Bank & Trust, told the Business Times.

Adams is also president of the San Francisco Small Business Commission, presiding over what critics say is a shift in that commission toward rubber-stamping initiatives from the Mayor’s Office rather than defending small business interests. When we contacted Adams to ask about the evictions and displacement caused by fractional loans, he told he had “no comment to make at this time.”

Tommi Avicolli Mecca, the director of counseling programs at the Housing Rights Committee of San Francisco, said that he doesn’t know how the TIC loans might affect those in the East Bay. But he does know they’re bad news for San Francisco, where there’s now a 10-year moratorium on new condo conversions but few controls on the creation of new TICs.

“They’re scary,” Avicolli Mecca told us. “It’s a disaster for San Francisco. Basically, if you’re buying a tenancy in common, you don’t need to condo convert. It used to be that you wanted a condo conversion so you could have a separate mortgage on what you own. With a fractional loan, you have your own mortgage from the start.”

He added that the loans make it easier for sellers to convert buildings into any size that they can market to home buyers. With the loans, combined with the state Ellis Act allowing owners to remove apartments from the rental market, evicting tenants becomes even more profitable.

The Bank of San Francisco confirmed that it also offers TIC loans in the East Bay. The bank will be making them more attractive with interest-only payments, fractional financing for buildings with more than 12 units, and loans up to $2 million.

Dylan Desai, a spokesman for the Bank of San Francisco, told us that the bankers “do not extend financing to buildings where there has been an eviction” and, to their knowledge, they never have. “We’re sensitive to tenant rights.”

Hopefully the other banks offering these loans will be just as sensitive as they branch out into communities in the region that have already been absorbing an influx of working class former San Franciscans.

Purr-suit of happiness: SF SPCA aims to save more lives with its new adoption center

1

Last year, the SF SPCA assisted with 5,084 cat and dog adoptions. With its new adoption center near Bryant and 16th Streets, which opened June 13, it aims to increase capacity by 20 percent — saving 1,000 more furry lives in the process.

“When our old adoption center opened in 1998, it was the first shelter in the country to house animals in condominium-style rooms instead of cages,” SF SPCA co-president Jason Walthall said in a June press release. The upgraded shelter continues this tradition — and continues to offer dog training classes, volunteer programs for youth, and other community-service activities — but with even more enhancements for the animals. Each glassed-in enclosure features a touch screen pad that provides more information about the pet inside, with an emphasis on personality type (“social butterfly,” “busy bee,” “delicate flower”) over breed — a more efficient way of linking animals with potential new families. 

For dogs, there’s a small indoor park that’s used to make introductions (especially important if the potential new owner already owns a dog — gotta make sure the new pooch gets along with the pack), while the cats, housed in a separate section of the building, get to scamper across SF-themed cat condos. (So far, there’s a Golden Gate Bridge, a Transamerica Pyramid, a cable car, the Sutro Tower, and the SF Giants logo; a Castro Theatre design is in the works.) These improvements make the shelter life more comfortable for the animals — though most dogs only stay two weeks; cats, just slightly longer — but they also help entice visitors.

“We want to make it a fun, happy experience,” says SF SPCA media relations associate Krista Maloney, pointing out that the shelter — which was founded in 1868, has an attached vet hospital (providing free and sliding-scale spay-neuter procedures, among other services), and is a nonprofit funded by donations — competes with pet stores and breeders to place animals in homes. Earlier this year, it joined forces with fellow nonprofit Pets Unlimited, which is located in Pacific Heights, to further its mission: “to save and protect animals, provide care and treatment, advocate for their welfare and enhance the human-animal bond.”

But wait! You’re a San Francisco renter! The words “NO PETS ALLOWED” haunt your nightmares! How can visiting an animal shelter be anything but depressing? SF SPCA’s website has an entire section offering advice for landlords and tenants (one tip: create a “pet resume” to include with your rental application) on the subject of pet-friendly housing. And if the landlord won’t consent to a dog, the SF SPCA just might be able to help out anyway. Coming soon to the new facility: adoptable small mammals, including rabbits, hamsters, and guinea pigs.

Angry building owners threaten lawsuit over anti-speculation tax

21

Opponents of the anti-speculator tax that will appear on the November ballot blasted the proposal in a City Hall hearing yesterday [Thu/10] — pledging to defeat the measure in court even if voters approve it — but they were overwhelmed by a strong turnout from supporters who said real estate speculation drives up the cost of housing without adding any value.

“We can sue you in court on the many of the unconstitutional aspects of this and we will do that,” Janan New, director of the San Francisco Apartment Association, said of the measure that would charge a 24 percent tax on properties flipped within a year of purchase down to a 14 percent tax if flipped within five years.

New and other allies — including San Francisco Association of Realtors, Small Property Owners of San Francisco, and Sup. Katy Tang — claimed that the measure is illegally retroactive because it affects those who recently bought property and that it doesn’t account for people who need to sell their properties because of job loss or other life changes.

“This is almost tantamount to a confiscation of property,” Peter Rich of SPOSF said at the hearing.

But Sup. David Campos — who placed the measure on the ballot along with Sups. Eric Mar, Jane Kim, and John Avalos — refuted allegations that the measure isn’t legally sound and carefully questioned City Attorney’s Office staff to clarify the laws that allow for the measure.

“I know there’s a lot of ulterior motives here because we do know this is going to be challenged in court, so I want to be very clear,” Campos said in response to a line of questioning from Tang, who continued to maintain, “So it’s retroactive in a sense” after being told by the deputy city attorney that it wasn’t retroactive because the tax only applies to future property sales.

The anti-speculation tax was first introduced by then-Sup. Harvey Milk shortly before his assassination in 1978 (Dianne Feinstein killed the measure after becoming acting mayor), and it was revived this year during a series of tenant conventions and sponsored by Mar.

“What we’re proposing is very reasonable to deal with the affordable housing crisis,” Mar said at the hearing, noting that it exempts single-family homes, projects larger than 29 units, and sales triggered by the death of the property owner. “It’s been crafted with enough exemptions to protect the small guy and really go after the profiteers.”

During the public comment period, where supporters on the measure vastly outnumbered opponents, several speakers referenced Harvey Milk and said housing in San Francisco wouldn’t be so expensive today if the measure had passed back then, a time when evictions and displacement were also on the rise.

“He was assassinated before it came to fruition. The parallels to that time and today are striking,” testified Tom Temprano, president of the Harvey Milk LGBT Democratic Club, who urged supervisors to “honor the legacy of Harvey Milk by passing this thoughtful and well-crafted legislation.”

Brian Basinger, head of the AIDS Housing Alliance, played old video footage of Milk talking about the measure back in 1978, shortly after he was evicted from his Castro Street camera store by a landlord seeking higher rents, noting that profiteering forces San Franciscans to spend too much on housing and have too little left over for other needs.

“So when you look at that, it’s going to affect the larger economy,” Milk said of real estate speculation.

Gen Fujioka, who works at Chinatown Community Development Center and spoke for San Franciscans Against Real Estate Speculation, cited recent evidence of properties snapped up by speculators and quickly flipped for profits of 50 percent of more.

“Basically, what we’re seeing today is an escalation in the sales prices of multi-unit buildings beyond what people can pay in rent,” Fujioka testified, noting how that essentially forces landlords to evict rent-controlled tenants to make the investments pencil out. “That kind of price escalation is causing instability in our communities.”

But opponents lashed out at the measure and the characterization that they were profiteering in ways that hurt people. “It’s a housing tax and it doesn’t make sense to have a housing tax in the most expensive city in the country,” said Jay Chang of the Association of Realtors.  

Aaron Jones said he and his wife invested their children’s college savings in a small apartment building, and that they’re good landlords who should be able to sell the property when they want to without penalty.

“We can’t sell until 2017 with this retroactive, punitive tax,” Jones said, saying there were many other small investors like him who were afraid to speak up because “in San Francisco, to be an investor — not a speculator — is to be the devil.”

But supporters of the measure say their intention isn’t to demonize property owners but to do something about the eviction and displacement crisis that is changing the face of the city, and to create a disincentive to bad behavior.

“It’s really the most vulnerable people who are being affected by evictions,” said Erin McElroy of the Anti-Eviction Mapping Project, citing her group’s research showing 72 percent of recent evictions have been of the elderly or disabled.

“Speculation is the commodification of housing and housing is essential,” said Chris Durazo of the Veterans Equity Center.

Campos said most landlords should support the measure as check against speculators that are pushing up the price of housing, triggering evictions, and creating a divisive politcal climate: “Speculators are giving landlords in San Francisco and property owners in San Francisco a bad name.”

San Francisco to provide right to counsel for tenants facing eviction

34

OPINION San Francisco is the second most unequal city in the nation. Working and middle-income people and families are being forced to flee the city they love. Between 2010 and 2013, Ellis Act evictions alone increased by 170 percent.

In 2013, a total of 3,662 San Franciscans were served with eviction notices. Over 1,000 of these tenants went to court without lawyers. According to court statistics, 90 percent of landlords hire attorneys, while only 10 percent of tenants have a lawyer. This inequity has made it more difficult for tenants to adequately assert their rights.

To level the playing field, the San Francisco Board of Supervisors Budget and Finance Committee just designated $1 million to fund 10 nonprofit housing attorneys to perform full scope legal services for any tenant facing eviction in San Francisco. We teamed up with tenant rights organizers and attorneys to fight for this budget allocation in order to address San Francisco’s affordability crisis. This funding will ensure that all San Franciscans facing eviction will receive legal assistance if they need it.

Crucial to ensuring economic diversity in this city is protecting our rent-controlled housing stock. Every time a tenant is evicted from his or her apartment, we lose another unit of price-controlled housing that is safe from the current astronomical market rental and sale prices. The board has passed local legislation that helps tenants remain in the city after an eviction, including Sup. Campos’ legislation increasing relocation assistance amounts after an Ellis Act eviction.

However, only the state Legislature has the power to change the law in a manner that would make a large impact on the frequency of evictions. Sadly, last week, Sen. Mark Leno’s bill that would have curbed Ellis Act evictions died in the Assembly Housing Committee. Leno said he will not further pursue the bill this year. Therefore, we must continue to act locally to deal with our housing crisis.

Legal representation for tenants is a crucial part of the fight against displacement. Several academic studies have shown that tenants are five to 10 times more likely to stay in their homes after receiving an eviction notice if they are represented by an attorney throughout the eviction process. Furthermore, having an attorney protects the tenants against abusive practices by landlords.

Tenant advocates report that illegal harassment by landlords is on the rise in an effort to force out tenants without having to resort to the formal eviction process. It is common practice for landlords to attempt to “buy out” tenants by offering a monetary sum to vacate a unit outside of the legal process. Vulnerable tenants, including immigrants and tenants who live in Section 8 housing, are often forced out of their units because they do not understand or assert their rights. Even if the action results in the tenants leaving, an attorney can help tenants avoid having an eviction on their record, which makes it much more difficult for the tenants to rent again.

We are fortunate to have 14 excellent nonprofit organizations in San Francisco that provide no- or low-cost legal services to tenants. However, these organizations have been woefully underfunded and do not have sufficient staff to address this housing crisis. The budget allocation of $1 million to fund 10 additional tenant attorneys will have a profound impact on San Francisco’s housing crisis. It will also make San Francisco one of the first cities in the country to provide a right to legal assistance to tenants facing eviction. Just as the Constitution allows an attorney for a person accused of a crime, a person threatened with the loss of his or her home should have legal assistance. San Francisco can and should lead the way when it comes to providing legal assistance to those tenants who need it.

Public Defender Jeff Adachi and Supervisor David Campos are elected officials in San Francisco.

Taxing speculators

18

steve@sfbg.com

Political tensions over evictions, displacement, real estate speculation, and rapidly rising housing costs in San Francisco are likely to heat up through the summer and autumn as a trio of November ballot measures are debated and combated by what’s expected to be a flood of campaign cash from developers and other real estate interests.

Topping the list is a tax measure to discourage the flipping of properties by real estate speculators. Known generally as the anti-speculation tax — something then-Sup. Harvey Milk was working on at the time of his assassination in 1978 — it was the leading goal to come out of a citywide series of tenant conventions at the beginning of this year (see “Staying power,” 2/11/14).

“To be in a position to pass the last thing Harvey Milk worked on is a profound opportunity,” AIDS Housing Alliance head Brian Basinger told us, arguing the measure is more important now then ever.

The measure has been placed on the ballot by Sups. John Avalos, David Campos, Jane Kim, and Eric Mar and is scheduled for a public hearing before the Board of Supervisors Rules Committee on July 10 at 2pm.

“It’s an absolutely key issue for San Francisco right now. Passing this measure will create a seismic shift in what we’re seeing with evictions and displacement in the city,” Sara Shortt, director of the Housing Rights Committee, told the Guardian.

The measure creates a supplemental surcharge on top of the city’s existing real estate transfer tax, a progressive rate ranging from a 24 percent tax on the sale of a property within one year of its purchase to 14 percent if sold between four and five years later.

In addition to levying the tax, the measure would also give the Board of Supervisors the power to waive that tax “subject to certain affordability-based restrictions on the occupancy of the real property,” giving the city leverage to expand and preserve deed-restricted affordable housing.

Meanwhile, there’s been a flurry of backroom negotiations surrounding the City Housing Balance Requirement measure sponsored by Sup. Jane Kim, which would require market rate housing projects to get a conditional use permit and be subjected to greater scrutiny when affordable housing falls below 30 percent of total housing construction (with a number exemptions, including projects with fewer than 24 units).

That measure is scheduled for a hearing by the Rules Committee on July 24 and, as an amendment to the City Charter, it needs six votes by the Board of Supervisors to make the ballot (the anti-speculation tax is an initiative that requires only the four supervisorial signatures that it now has).

Mayor Ed Lee and his allies in the development community responded to Kim’s measure by quickly cobbling together a rival initiative, Build Housing Now, which restates existing housing goals Lee announced during his State of the City speech in January and includes a poison pill that would invalidate Kim’s housing balance measure.

Together, the measures will draw key battle lines in what has become the defining political question in San Francisco these days: Who gets to live here?

 

COMBATING SPECULATORS

In February, Mayor Lee and his allies in the tech world, most notably venture capitalist Ron Conway, finally joined housing and other progressive activists in decrying the role that real estate speculators have played in the city’s current eviction and displacement crisis.

“We have some of the best tenant protections in the country, but unchecked real estate speculation threatens too many of our residents,” Lee said in a Feb. 24 press release announcing his support for Sen. Mark Leno’s Ellis Act reform measure SB 1439. “These speculators are turning a quick profit at the expense of long time tenants and do nothing to add needed housing in our City.”

The legislation, which would have prevented property owners from evicting tenants using the Ellis Act for at least five years, failed in the Legislature last month. So will Lee honor his own rhetoric and support the anti-speculation tax? His Communications Director Christine Falvey said Lee hasn’t yet taken a position on the measure, but “the mayor remains very concerned about real estate speculators.”

Peter Cohen of the Council of Community Housing Organization said Lee and his allies should support the measure: “It seems so clearly aligned with the same intent and some of the same mechanics as Ellis Act reform, which had the whole city family behind it.”

“I think it would be very consistent with their position on Ellis Act reform to support the anti-speculation tax,” Shortt told us. “If the mayor and tech companies went to bat for the anti-speculation tax, and not against it, that would show they have real concern about displacement and aren’t just giving it lip service.”

Conway’s pro-tech group sf.citi didn’t returned Guardian calls on the issue, nor did San Francisco Planning and Urban Research Association, but their allies in the real estate industry strongly oppose it.

“As Realtors, our goals are to increase housing availability and improve housing affordability,” San Francisco Association of Realtors CEO Walk Baczkowski told the Guardian. “We don’t believe the proposal from Sup. Mar, which is essentially a tax on housing, will accomplish either of those goals.”

But supporters of the measure say real estate speculation only serves to drive up housing costs.

“We have been successful at bringing people around on the issue of real estate speculation,” Basinger told us. “But of course, there will be financed opposition. People will invest their money to protect their interests.”

“We know it’s going to be a fight and we’ll have to put in a lot of resources,” Shortt said, adding that it’s a fight that tenant activist want to have. “Part of what fuels all of this [displacement] is the rampant real estate speculation. We can’t put profits above people.”

 

MAYOR’S MEASURE

Falvey denies that Lee’s proposal is designed simply to negate Kim’s measure: “Build Housing Now specifically asks the voters to adopt as official city policy the Mayor’s Housing Plan to create 30,000 new homes by 2020 — the majority within reach of low, moderate, and middle income residents. This is not a reaction, but a proactive measure that lets voters weigh in on one of the mayor’s most important policy priorities.”

Yet the most concrete thing it would do is sabotage the housing balance measure, an intention it states in its opening words: “Ordinance amending the Planning Code to prohibit additional land use requirements such as conditional use authorizations, variances or other requirements on housing projects…based on a cumulative housing balance ratio or other similar criteria related to achieving a certain ration of affordability.”

Beyond that, it would have voters validate Lee’s housing goal and “urge the Mayor to develop by December 31, 2014 a Housing Action Plan to realize this goal.” The measure is filled with that sort of vague and unenforceable language, most of it designed to coax voters into thinking it does more than it would actually do. For example, it expands Lee’s stated goal of 30 percent of that new housing being affordable by setting a goal of “over 50 percent within reach of low and middle income households.”

But unlike most city housing policies that use the affordable housing threshold of those earning 120 percent of area median income (AMI) and below, Lee’s measure eschews that definition, allowing him and his developer allies to later define “middle income households” however they choose. Falvey told us “he means the households in the 50-150 percent of AMI range.”

The measure would also study the central premise of Mayor Lee’s housing policy, the idea that building more market rate housing would bring down the overall price of housing for everyone, a trickle-down economic argument refuted by many affordable housing advocates who say the San Francisco housing market just doesn’t work that way because of insatiable and inelastic demand.

“Within 60 days of the effective date of this measure, the Planning Department is directed and authorized to undertake an economic nexus analysis to analyze the impact of luxury development on the demand for middle income housing in the City, and explore fees or other revenue sources that could help mitigate this impact,” the measure states.

Shortt thinks the mayor’s measure is deceptive: “It’s clever because for those not in the know, it looks like a different way to solve the problem.” But she said the housing balance measure works well with the anti-speculation tax because “one way to keep that balance is to make sure we don’t lose existing rental stock.”

And advocates say the anti-speculation tax is the best tool out there for preserving the rental housing relied on by nearly two-thirds of city residents.

“It’s the best measure we have going now,” Basinger said of the anti-displacement tax. “Mayor Ed Lee and his tech supporters were unable to rally enough support at the state level to reform the Ellis Act, so this is it, folks.”

Stop Big Tech sprawl

0

EDITORIAL The footprint of Big Tech companies and their employees continues to spread through San Francisco, gobbling up the vast majority of commercial office space this year, driving up rents, and creating pressure to build ever more office towers. With Wall Street and Silicon Valley investors focusing so much wealth on this one economic sector, in this one once-dynamic city, this trend is threatening to squeeze out every other civic interest and sector in its path.

For example, city officials have long-struggled with how to preserve light industrial spaces in the city, known as Production Distribution and Repair (PDR) in the parlance of planners, who recognize the importance of such jobs and services to a city, even though they have a hard time competing with other economic sectors on rent. Indeed, despite efforts to protect it, San Francisco now has one of the lowest proportions of PDR uses of any big city in the US, a worrying sign for future economic prosperity.

Nonetheless, the new out-of-town investor-owners of the PDR-zoned San Francisco Design Center are trying to improperly use a loophole to evict most of its tenants to let Pinterest take over most of the building (which it bought at a bargain because of the zoning). Only the political will of politicians — who crave the campaign cash of capitalists — stands in the way of perversions like this. And without that will, which is severely lacking in the city right now, the economically strong will roll over everyone.

Let’s call it: Big Tech sprawl. Like urban sprawl — in which developers covered the cheapest land with housing and shopping malls, then let the public sector subsidize the roads and other infrastructure to serve it and passed the environmental costs on to future generations — the Big Tech firms favored by the Mayor’s Office will continue to expand ever outward if left unchecked.

Even conservative City Economist Ted Egan has warned against the city putting too many eggs in the basket of an industry known for its volatility and boom-bust cycles, repeatedly calling for the city to diversify its economy. As in nature, healthy ecosystems are marked by their diversity, while monocultures can be quickly destroyed by shocks to the system. Just like housing developers will build nothing but luxury condos if we let them — capital always seeks to maximize its returns, the most basic law of economics — Big Tech will continue to sprawl outward, greasing its path with political contributions, if San Franciscans don’t fight to maintain this great city’s diversity.

Supervisors reject Pinterest proposal, protect PDR businesses from eviction

5

A spirited hearing before the Board of Supervisors Land Use and Economic Development Committee yesterday [Mon/7] on the San Francisco Design Center’s application for landmark status kept social networking site Pinterest out of the building, for now.

A number of tenants facing eviction from the building appeared before the committee, with a large contingent voicing its opposition and concern over the application and a separate group favoring the proposal for its alleged revitalization of the Showplace Square district.

The proposal — which was tabled by the committee, effectively killing it unless district Sup. Malia Cohen has a change of heart — would have declared the Design Center a landmark, which would have allowed the new owner to get around its Production, Distribution, and Repair zoning and allow in more lucrative office tenants, ostensibly to fund renovations with their higher rents. But with the committee rejected the application, with Cohen in particular expressing concerns about the loss of PDR-zoned properties in her district and around the city.

Prior to the lengthy public comment period, members of Bay West Development, the management firm representing building owner RREEF Property Trust, spoke to the committee about the support that would be put in place for the evicted tenants, conceding, “We recognize the communication with the tenants has not been perfect.”

That support would include relocation funding, lease extensions, and hiring commercial realty brokers for the evictees, according to Bay West. When asked by Chair Scott Wiener how realistic it would be for evicted tenants to stay in the district, Bay West didn’t provide specifics, assuring the committee, “There is good quality space in this district and there are tenants who will find homes in adjacent properties.”

That response didn’t satisfy many worried tenants, including Jim Gallagher, who called the Design Center a “shining example of what PDR services should be.”

Though one speaker mentioned Pinterest’s unfairly negative portrayal in the issue, the overwhelming message from the tenants and Cohen was that the “virtual pinboard” company wasn’t necessarily at fault. Rather, the displacement of longtime residents and the loss of PDR space was the main concern for many.

Former Mayor Art Agnos also made an appearance at the hearing, calling the ordinance a “commercial version of the Ellis Act,” the state law that allows residential building owners to evict tenants. Agnos said the proposed ordinance was “replacing people working in blue and white collar jobs” and urged the committee to “close the loophole, kill it, and come back to the issue.”

Some tenants voiced support for the measure, reasoning the addition of Pinterest—and the elimination of what one supporter called the “exclusivity of high-end design”—would revitalize the district and be the “best of both worlds,” with new and old economies coming together.

But Nancy Morgan, a tenant who was previously evicted elsewhere, opined that displacing the tenants would mean that the same customers wouldn’t continue to come back. She also noted that some would be displaced under the nearby freeway, which could be dangerous in addition to driving away customers, although a Dogpatch resident scoffed at this claim.

Cohen gave her own thoughts, saying she ultimately agreed that the Design Center deserves landmark status because it was “impeccably maintained through the downturn,” but she felt uncomfortable going forward with the plans to displace the longtime tenants. She believed the decision wasn’t necessarily about the designation of the building, and that displacing long-term residents wasn’t in the spirit of the code or the landmark legislation.

“This decision today sets an important precedent,” Cohen said, calling it “an added layer of certainty in a world of uncertainty.”

Protect light industrial businesses from Big Tech sprawl

15

[Editor’s Note: With the San Francisco Board of Supervisors Land Use Committee scheduled on Monday, July 7, to act on a proposal to allow the new owner of the San Francisco Design Center to evict existing tenants to accommodate tech company Pinterest, Jim Gallagher of Garden Court Antiques, one of those tenants, wrote the following guest editorial for the Guardian.]

The San Francisco Design Center has been a doing business at 2 Henry Adams street for the last 40 years.  During that time it has created thousands of good paying jobs in the city.  We are currently at risk of losing the majority of the building to tech office space.  The building is zoned for PDR-Design but a loophole in the law is being exploited by the new owners, a Chicago based investment firm.  This would lead to the loss of SF based small businesses and the jobs that they create.

 We have worked with countless interior design firms, architects and contractors as a resource for their projects.  In addition, we are an intrinsic part of a network of the PDR(Production, Distribution and Repair) businesses here in San Francisco.  These are the upholsterers, fabrication workrooms, cabinet makers, finishers, metal workers, installers and movers that make up our industry.  This industry offers above average paying jobs to a variety of people from different cultural and ethnic backgrounds that don’t necessarily have college degrees.  These jobs and those that work at them are being squeezed out of this city and when they are gone, we lose yet another piece of the soul of San Francisco.

There is no question that PDR space is being lost in San Francisco.  A recent study of PDR space in SF, showed that we currently have the lowest available PDR space of any major American city at less than 7 percent.  Mayor Lee along with Supervisors Cohen and Campos introduced legislation at the end of last year to expand the amount of PDR space and shore up the manufacturing and light industrial sector in the city.  Why then, would the Board of Supervisors even consider giving up a quarter of a million square feet of PDR space that is currently 90% occupied with viable PDR businesses?

The sad reality is that it is a simple matter of corporate greed.  The new owners of the Showplace Building at 2 Henry Adams bought the building as a PDR building, knowing the use limitations of designated PDR building and immediately began to find ways around the laws.  The loophole that they discovered was the Landmark designation.

The Landmark designation was an exception put into the PDR protections in order to help with the cost maintaining some of the historic architecture that is often found in these PDR buildings.  The idea being that PDR rents do not always bring in enough income to retrofit and maintain these old buildings.  The Landmark status would allow the owners of PDR buildings to rent out part of the building as higher paying office space in order to offset the retrofit and maintenance cost.  This sounds like a good idea until you bring in the greed factor.  This Landmark exception has become the favorite loophole for corporate investors and greedy landlords to move out PDR businesses all over the city.

In the case of the Showplace Building, it is currently 90 percent occupied by PDR-Design businesses.  According to the building owers, there are approximately 262,000 square feet of rentable space in the building.  The Common Area Maintenance or CAM fees that tenants of the building pay beyond their monthly rent is $1.25 per square foot per month.  This would mean that the owners of the Showplace building are currently bringing in nearly $3,500,000 just in Common Area Maintenance fees annually.  In what universe is this not enough money to maintain a building that was fully retrofitted 15 years ago and is only five stories high?

The idea that this building needs to granted Landmark status from the city in order to create enough revenue to maintain the building just does not pass the smell test!  This is a case of simple greed on the part of a Chicago based investment company.  They believe that they can skirt the laws that are in place to protect San Francisco based small businesses and San Francisco workers.  They do not have the best interest of our city or our workers in mind.  They simply want to exploit this Landmark loophole in the PDR protections to line their own pockets.

I would hope that the members of the Board of Supervisors and Mayor Ed Lee do not let this happen.  Please consider the consequences to our city.  Do not choose to allow a Chicago based investment company to skirt our laws and exploit this loophole.  Do not allow this greed to put several San Francisco small businesses out of business. 

This building is 90 percent full of viable PDR businesses.  We pay nearly $3.5 million dollars a year to maintain this building.  This is the perfect example of what a well-run PDR building should look like.  This building is this beautiful and well-maintained because of us.  Please don’t allow the exploitation of the Landmark status to kick us out.  We built our businesses here because we love this place and we want to continue to work and thrive here.

Solving the housing crisis takes all San Franciscans, even big tech

56

 

By Joseph Tobener

 

OPINION This week, San Franciscans learned that they will not be able to rely on Sacramento to fix the housing crisis. State lawmakers voted down Senate Bill 1439, which would have stopped speculators from using the Ellis Act to evict and convert buildings to upscale offices and TICs. One Assembly Democrat said that San Franciscans were “exaggerating the problem.” That same day, my office received Ellis Act eviction notices for 21 tenants from an artist building at 16th and Mission streets. The building has a new buyer, and it will soon be a high-end commercial space.

I was a tenant rights attorney during the first dot-com boom, and without question, this new housing crisis is much worse. The gentrification is more widespread and permanent. This time around, the evicted teachers, musicians, and artists are not simply moving down the street to smaller units, they are being priced out of San Francisco altogether.

We need to decide now, as San Franciscans, what we want our city to feel like in a decade. Here are five things I believe we need to do now to address the crisis:

1. Collaborate with tech leaders, rather than vilify them. I have been as guilty as the next person in blaming and berating big tech, ignoring the fact that many of my neighbors, clients, and friends are long-time San Franciscans who work in the tech industry. Enough blaming. We need to somehow bring tech to the table to help create large-scale solutions to the housing crisis. It may not be easy to do.

Earlier this year, Marc Benioff, the CEO of Salesforce, criticized tech companies for being “stingy” in giving to their communities, and I have heard nonprofit fundraisers echo this. If true, we need to find out why. On the other side, our healthy anti-corporate, ‘us and them’ mindset, which is deeply rooted in San Francisco’s political tradition, is not serving us in collaboratively addressing the housing crisis.

While there are a handful of high-profile examples of tech workers wrongfully displacing tenants, tech workers are not the real problem. It is true that tech money drives up prices, but the real villains are the predatory speculators who are profiting from our shared crisis. The bottom line is, like it or not, tech is here to stay, and tech leaders have the resources to fund the arts, help our schools, and yes, help us address the housing crisis.

2. Stop illegal mergers of multi-unit buildings into single-family mansions. It is not enough to have regulations in place to prevent mergers. Real estate speculators are merging units surreptitiously, without permits. The Department of Building Inspection needs to actively police projects. And all San Francisco residents need to share in the responsibility of ensuring that speculators are not doing major construction without permits in our neighborhoods.

3. Support legislation to stop landlords from renting their units as hotel rooms. It is estimated that more than a 1,000 units in San Francisco are being rented out full-time for short-term corporate or tourist use. We need a law to get these units back into the permanent housing stock.  

4. Donate to the Community Land Trust and the Community Arts Stabilization Trust. Community land trusts are buying property to permanently preserve residential housing and art space. We need to do more to support these organizations. Other cities do a much better job than San Francisco in partnering with corporations to preserve culture.  

5. Support an anti-speculation tax. Tenant activists have introduced an anti-speculation tax designed to stop real estate flipping. Our office sees the same LLCs flip properties time and time again.

Ultimately it is up to all San Franciscans to embrace this cause if we hope to preserve the diverse and complex character of our city. One thing is sure: We cannot wait to add our voices, or it will be too late.

Joseph Tobener is a tenant rights attorney.

Jury find SF officer used excessive force in beating a restrained arrestee

28

A jury last week unanimously convicted a San Francisco police officer of using excessive and unnecessary force, although the San Francisco Police Department cleared the officer in an internal investigation and kept him on the streets.

In Magistrate Maria-Elena James’ courtroom, the jury voted 8-0 that Police Officer Matthew Sullivan used excessive force against plaintiff Eduardo Alegrett on February 7, 2012.  Alegrett’s lawyer, Panos Lagos, told the Guardian that Alegrett was suffering a “mental crisis” when he allegedly battered a woman at 88 Perry Place.

Police arrived to arrest him and called for backup when Alegrett pretended to have a gun, a bust that Lago said was appropriate, although he disagrees with what happened next. Sullivan arrived at the scene, ordered Alegrett to get on his stomach, then repeatedly hit him in the head while Alegrett was already restrained by two officers. Lagos told us that Sullivan acted too quickly for the other officers to stop him—administering “10 strikes within two seconds.”

A SFPD spokesperson told us that Sullivan is still on street duty. When we asked if they were imposing any disciplinary actions, we were told the information was not available to the public, although the spokesperson did say the SFPD’s “investigation revealed there were no wrongdoing…and there’s no reason to penalize someone that didn’t do anything wrong.”

According to Lagos, the Bane Act and Alegrett’s Fourth Amendment rights were violated in the incident. The Bane Act, one of California’s civil and criminal laws related to hate crimes, “provides protection from interference by threats, intimidation, or coercion or for attempts to interfere with someone’s state or federal statutory or constitutional rights.”   

Alegrett was awarded $3,200 compensation for his injuries, and his legal fees will be covered. Sullivan will also be required to pay a fine, which will be determined at a later trial.

“It’s very unusual to have this trial decision,” said Lagos.

Quantitative information regarding police brutality cases is limited. A 2013 San Francisco Office of Citizen Complaints report shows that out of 727 complaints, only 43 were sustained. Out of the 43 sustained, over half were for neglect of duty, 24 percent for unwarranted action, 10 percent for “conduct reflecting discredit represented,” and 7 percent for unnecessary force.

The National Institute of Justice says “police officers should use only the amount of force necessary to control an incident, effect an arrest, or protect themselves or others from harm or death.” However, there are no universal rules regulating the amount of force allowed, and officers must refer to their specific agency for force guidelines. The NIJ’s website also says that “excessive use of force is rare.”

Lagos said that the OCC  told Alegrett, when he first filed his complaint, that the case wouldn’t go to court because they saw no evidence of excessive force. We asked Lagos why this incident report managed to do what others didn’t.

“Video evidence is what made this trial different.” Two tenants, unknown to the police officers, filmed the incident on their phones.

Lagos said that the outcome of the trial should encourage police to enforce the established rules on officers’ use of force, specifically rules regarding mental breakdowns: “The SFPD has a practice of failing to train officers to recognize citizens with mental or emotional breakdowns.”

Trying to have hope

44

OPINION I get it, as Harvey Milk famously said: “You gotta give them hope.” But how do you do that when the LGBT community you love so much is being priced and evicted out of the city?

When immigrants, people of color, artists, the poor and working-class, people with AIDS, seniors, persons with disabilities, and so many others are being pushed out — like you, Harvey, were forced out of your camera store and apartment on Castro Street when your rent was tripled. Just before an assassin’s bullet took you from us, you were preparing an anti-speculation tax to deal with the rising rents and displacement caused by speculators and real estate investors.

We tried to curb their dirty work via a state bill limiting use of the Ellis Act, but Democrats buckled in to pressure from the real estate industry that owns them. Shame on Democratic House Speaker Toni Atkins from San Diego, an out lesbian, whose inaction on the bill helped kill it.

Our only hope is the anti-speculation tax on the November ballot. Brian Basinger of the AIDS Housing Alliance is calling it the Harvey Milk Anti-Speculation Tax.

The stakes are high right now. Our housing crisis is destroying our community. According to the Anti-Eviction Mapping Project, which tracks displacement throughout the city, District 8 (which includes the Castro) has the highest rate of Ellis Act and Owner Move-In evictions, almost 2,000 units emptied since 1997. That doesn’t include buyouts and threats of evictions, de facto evictions that have pushed out many more, most of them tenants with AIDS. Far too many people with AIDS are homeless in a city that used to be called the “model of caring.”

The motive for these evictions is obvious. A two-bedroom across the street from my Castro apartment rents for $4,200. An apartment above the new Whole Foods at Sanchez and Market can cost you as much as $8,000. A month! I don’t want to upset you, Harvey, so I won’t tell you how high commercial rents are, and how poorly neighborhood businesses are faring these days.

The economic disparity has never been greater. Two Williams Institute studies show that our community is as poor as, and in some instances poorer than, other communities. In our city’s latest homeless count, 29 percent of respondents identified as LGBT and an additional 3 percent as transgender. Other reports say that 40 percent of the city’s homeless youth are queer.

Forget Altoona, that homeless queer kid in the Haight or Castro needs a sense of hope. We have a sit/lie law similar to the one you opposed that prevents these kids from getting subsidized housing if they have an unpaid citation. They sleep in the park because they’re not safe in the shelters. Sadly, Human Rights Campaign and Equality California have never made them — or the poor — a priority.

Cranes and rainbow flags may be all the rage in Upper Market these days, but what’s being built will not be affordable to homeless, poor, or working class (even some middle-class) people. The Castro has only one affordable housing project in the pipeline: 110 units for LGBT seniors at 55 Laguna. Our D8 supervisor and City Hall have let us down big time.

Harvey, I want to think that 10 years from now, our community will still have the Castro as a refuge. I want to believe that poverty, homelessness, and hunger will be greatly reduced. That we can stop the evictions. That we can give young people a piece of the dream. That we can provide seniors a secure place to spend their final days. That we can have elected officials who truly represent us, as you did.

I really want to have hope.

Tommi Avicolli Mecca, a longtime queer and housing rights activist (and an organizer of the first Philadelphia Pride march in 1972), is a grand marshal of this year’s Pride Parade.

Boom asks “What’s the matter with San Francisco?” and offers insightful answers

68

“What’s the matter with San Francisco?” asks the Summer 2014 issue of the Boom: A Journal of California, a quarterly magazine produced by the University of California Press, tapping an amazing array of writers to explore the struggle for the soul of San Francisco that has captured such widespread media attention in the last year.

The question on its cover, which all of the articles in this beautifully produced 114-page magazine explore from varying perspectives, is a nod to Thomas Frank’s insightful 2004 book, What’s the matter with Kansas? And the answer in both cases, argue writers Eve Bachrach and Jon Christensen in their cover story article, is the people.

“Specifically, the people who act time and again against their own interests, people who adhere to a narrow political line, whether it’s antipopulist in the nineteenth century or antiprogressive in the twentieth. By focusing on one set of values, this analysis asserts, the people don’t notice what they’re really losing until it’s too late — and San Francisco is no different,” they write.

At this important moment in time, San Francisco is fighting to retain the last significant remnants of the cultural and economic diversity that have made this such a world-class city, with today’s hyper-gentrification building off of previous waves of displacement to change the city in fundamental ways.

Sure, this struggle between capital and community has been part of San Francisco since its founding, a dynamic that animates our civic life and feeds important political movements that trickle out across the country. And local writer/historian Chris Carlsson has a great article documenting those movements, from the Freeway Revolt of the 1960s to the pro-tenant and anti-displacement activism around the last dot.com boom.

“Read one way, this short history demonstrates the relentless power of money in defining who is a San Franciscan and who can stay and who must go. But read another way, this history shows that there is historic precedent for optimism that the worst consequences of today’s creative destruction of the city can be averted if we know and use our history,” Carlsson wrote.  

But in a Q&A interview with author Rebecca Solnit, both celebrates that dynamic and explains why things are different this time: “You can image San Francisco as full of dynamic struggle that’s been pretty evenly matched between the opposing sides since the Gold Rush. There have always been idealists and populists and people who believe in mutual aid in the City of San Francisco. And there have also been ruthless businessmen and greedy people: the ‘come in and get everything and be accountable to nobody and hoard your pile of glittering stuff’ mentality has been here since the city was founded. But it has not been so powerful that it has rubbed out the other side.

“Now, however, it feel like Silicon Valley is turning San Francisco into its bedroom community. There’s so much money and so much power and so little ability to resist that it is pushing out huge numbers of people directly, but it is also re-creating San Francisco as a place that is so damn expensive that nobody but people who make huge amounts of money will be able to live here.”

After building off of previous gains, the capitalists of today, those who refuse to even acknowledge the political landscape and dynamics that have been developed over generations, seem to be moving in for the kill, armed with more powerful weapons of accumulation and displacement than their predecessors had or were willing to deploy.

“So what’s the matter with San Francisco? It’s becoming a bedroom community for Silicon Valley, while Silicon Valley becomes a global power center for information control run by a bunch of crazy libertarian megalomaniacs. And a lot of what’s made San Francisco really generative for the environmental movement and a lot of other movements gets squeezed out. And it feels like the place is being killed in some way,” Solnit said.

Yet the issue pointedly avoids falling into us-vs.-them traps or trite demonization of techies, ultimately seeking to provide a more nuanced look at the city’s current cultural and economic clashes than the various East Coast publications have brought to the task. And the best of it is “The Death of the City? Reports of San Francisco’s demise have been greatly exaggerated.”

Written by Rachel Brahinsky, a former Bay Guardian staff writer who is now a professor at the University of San Francisco, the article echoes other concerns about the threats and challenges facing San Francisco, but she finds a potential “seed of the solution” in the city’s current zeitgeist.

For one thing, she challenges the convenient blaming of “techies” for the problems facing San Francisco, noting that some of the city’s best progressive organizing has been done by those with skills and/or jobs in the technology sector, often by people who despise the corporate managers and investors who run the industry as much as outsiders do.

“The problem isn’t tech, but corporate tech,” she writes.

Brahinsky also urges readers to broaden their lenses to consider San Francisco as part of the broader Bay Area, which now much confront the growing challenges of rising economic inequality and gentrification as a region, using the clashes here as a catalyst to finally pursue what she calls “ethical urbanism.”

“What is to be done? There is no lone policy shift that will salve these corporate tech wounds. There are many good solutions under debate now; with continued pressure they may become law in the same way that rent control moved from impossible to mainstream in 1978,” she writes.

The prescription she then offers includes fostering greater community engagement, developing regional policies that promote “community development without displacement,” not blaming techies for the sins of landlords, finding ways to increase the density of development without displacing or sapping vital public services, using open source tech tools to increase awareness and broaden the progressive movement, and “you need to fight like hell for the kind of city you want.”

Finally, in closing, she writes, “The San Francisco region’s most potent dreams are made of the kinds of struggles that refuse the sweeping change brought by the economistic forces of urbanism. What we witnessed in the winter of 2014 was a reawakening of this side of ‘San Francisco,’ a part of the city as mythic and real as the Gold Rush. The ongoing cacophony of protests, corporate tech-activist happy hours, housing lectures and forums, and the ballast of anti-eviction committees brought together by two months of tenants conventions are all signs of this legacy regathering steam. What happens next?” 

City agencies defend their slow response to Airbnb’s illegal rentals

57

More information has been coming out about how Airbnb is used to convert San Francisco apartments into tourist rentals — including an interesting study reported by the San Francisco Chronicle last weekend — in advance of next month’s hearings on legislation to legalize and regulate short-term rentals.

But questions remain about why the city agencies in charge of regulating such “tourist conversions,” which have long been illegal under city law, have done so little to crack down on the growing practice. For more than two years, we at the Guardian have been publicly highlighting such violations, which have finally caught fire with the public in the last six months.

Even Mayor Ed Lee — who has helped shield Airbnb from scrutiny over its tax dodging and other violations, at least partially because they share an investor in venture capitalist Ron Conway — has finally said the city should pass legislation to regulate the company, as Sup. David Chiu is trying to do.

But attorney Joseph Tobener, who has represented clients evicted to facilitate Airbnb rentals and has brought a number of such lawsuits on behalf of San Francisco Tenants Union, still can’t get city departments to issue notices of violation even for the most egregious offenders that he’s suing, an administrative prerequisite to filing a lawsuit.

“The Department of Building Inspection and the Department of Planning need to start shutting these violators down by enforcing the existing laws, or we need stricter laws that allow us to pursue our claims without City approval.  Two months ago, we sent our requests to pursue landlords on behalf of the SFTU.  Then, radio silence.  Two months of utter inaction. Someone in charge does not want to see us close the loophole that is allowing landlords to take units out of our housing stock,” Tobener said.

The Chronicle investigation found that in San Francisco, 1,278 Airbnb hosts in San Francisco were managing multiple properties (Chiu’s legislation would limit hosts to their primary residence for just 90 rental nights per year), including 160 entire homes that tourists appear to be renting out full-time. Overall, the paper counted 4,798 properties for rent in San Francisco through Airbnb, 2,984 of which were entire homes, belying the “shared housing” label favored by the company and its supporters.

And even though groups like the San Francisco Apartment Association and SFTU say they have been actively trying to get the city departments to crack down on such illegal uses over the last year, representatives for DBI and the Planning Department say they’ve received few complaints and therefore issued few violations, while also saying they need more resources to regulate the problem, something Chiu’s legislation would begin to help address.

“Our enforcement process is complaint based and we investigate each complaint that is received by our Department (more than 700 per year).  Complaints regarding short term rentals that result in the loss of housing are prioritized for enforcement,” Planning Department spokesperson Gina Simi told the Guardian.

She said that property owners are given the opportunity to correct a violation before being cited, something that she said happens in about 80 percent of cases.

“A case is opened for every complaint received. Since March 2012, we have had approximately 120 enforcement cases for Short Term Rentals.  In each case, notices were sent to the property owner and approximately half (54) have been abated and half (66) are active cases.  Many of these (approximately 30) were received since the beginning of April 2014,” she told us when we inquired about the issue last month.

As for Tobener’s charge that city agencies are dragging their feet and making it difficult for his clients to pursue relief from the courts, she said, “The ability for interested parties to pursue the matter through civil action (for injunctive or monetary relief) following the filing of a complaint and determination of a violation is a process outlined in Chapter 41A, which is enforced by the Department of Building Inspection.  Enforcement under the Planning Code does not allow for interested parties to seek civil action.”

But DBI spokesperson William Strawn said his department hasn’t received many complaints, claiming to have gotten just three total through the end of last year.

“A few weeks ago, per Mr. Tobener, we did receive seven complaints, with documentation, that the Housing Division is still reviewing; and, per [DBI Chief Housing Director Rosemary] Bosque, we also recently received an additional seven complaints – for a current total of 14 – that also are under review and being scheduled for administrative review hearings, as required by Chapter 41A,” Strawn told the Guardian.

But he also pointed his finger back at the Planning Department as the agency that should be handling problems related to the short-term stays facilitated by Airbnb.

“Given that these ‘duration of stay’ issues are Planning Code matters – a point we have made to Supervisor Chiu, and which I know you discussed with the Planning Director {John Rahaim] during Supervisor Chiu’s media availability on this issue a few weeks ago – the role of the Building Department in the enforcement of these types of complaints in our relatively new Internet Age will require guidance from the City Attorney,” Strawn told us.

Indeed, in response to a Guardian question about why the Planning Department seems to have ignored violations facilitated by Airbnb, Rahaim said that his department hasn’t had the resources, tools, and authority to address the problem, even though, “This is an important issue we’ve been hearing about for quite some time.”

Tenants can fight evictions and win

4

 

By Tyler Macmillan


OPINION Every year, around 3,500 formal eviction lawsuits are filed against residential tenants in San Francisco Superior Court. Contrary to popular belief, the eviction lawsuit — known as an “unlawful detainer” — is one of the fastest moving cases in the entire civil system. While we’ve all heard anecdotes about how it can take years to remove San Francisco tenants from their homes, tenants sued for eviction experience civil litigation at warp speed.

More than a third of those sued for eviction miss the five-day window the law provides to file a response with the court. In 2013, 1,294 of the tenant households that were sued for eviction in the city missed that deadline to respond. The strong tenant protections found in San Francisco’s Rent Ordinance and California law don’t mean much to those who miss their five-day deadline: Sheriff’s deputies clear the property just a few weeks after the case is filed if you don’t respond. So much for due process.

Securing tenants due process rights in San Francisco has been our job at the Eviction Defense Collaborative (EDC) since 1996. At our drop-in legal clinic, our team of attorneys and volunteers assist over 94 percent of all tenants who respond to their eviction lawsuit in San Francisco each year. Although our office is open Monday through Friday to help tenants respond to the lawsuit on time, nine out of 10 tenants sued for eviction represent themselves for the duration of their case. Over 90 percent of landlords can afford to hire expert, aggressive attorneys to evict their tenants — very few tenants can afford to hire a private attorney to defend their homes.

Unsurprisingly, tenants agree to move out in most eviction lawsuits — around four out of five tenants sued for eviction will settle the case with an agreement to leave their homes. And who could blame them? The choice of conducting a jury trial against a licensed attorney is not an appealing — or realistic — choice for a self-represented tenant. Without an attorney to stand up and fight for your rights at trial, those rights remain the empty, meaningless promises of the pay-to-play American legal system.

Of course, tenants who get represented by attorneys can win eviction cases — exactly the reason we started our Trial Project at EDC last year. Since the Trial Project launched, EDC staff attorneys have represented a small percentage of tenants facing the prospect of a jury trial on their own. Through the hard work of EDC staff attorneys (who on average earn less than $50,000 a year), the Trial Project enjoyed another jury trial victory in May. While very few eviction cases reach a verdict, this was EDC’s third trial victory in the past year.

This particular jury verdict saved the home of a Spanish-speaking couple who has lived in the Mission District for the past 19 years. They have young children who attend the local public schools and attend church in the neighborhood. This family has limited income and would certainly have had to leave of San Francisco if it was evicted, uprooting the children and leaving behind its community.

The landlord had accused the family of not paying the rent — even though the family had repeatedly tried to pay. The jury agreed with the tenant, finding that the conditions on the property were so bad that the landlord wasn’t entitled to the rent being demanded. The jury actually followed the law, and reduced the tenants’ rent.

The heroes in this case are the tenants — their courage in standing up for their home and their civil rights is inspiring, and should be a lesson to tenants across the city. We need tenants in San Francisco to push back against this current wave of displacement and we’re here to help.

Tyler Macmillan is a tenants’ rights attorney and the executive director of the Eviction Defense Collaborative, a nonprofit legal services clinic in the Tenderloin. Any tenant sued for eviction can drop into EDC at 995 Market St., #1200 (at Sixth Street) Mon-Fri, 9:30-11:30am and 1-3pm.

Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

27

 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

Cruise into the weekend (oh yes we did) with new flicks!

0

Dudes! The (lucky) 13th San Francisco Documentary Film Festival, aka DocFest to those in the know, is underway now, running through June 19 with all kinds of weird and wonderful docs. Check out Dennis Harvey’s recommendations here

From the spangly tentacles of Hollywood, we’ve got Shailene “I Am Not the Poor Man’s Jennifer Lawrence” Woodley in a certified tearjerker, and Tom “Still a Big Enough Star to Avoid Being Cast in an Expendables Flick Just Yet” Cruise fighting aliens (and, surprisingly, his own ego). Plus: indie picks, including the latest from Kelly Reichardt and Lukas Moodysson. Read on for more.

 

Edge of Tomorrow Is it OK to root for Tom Cruise again? (The Oprah thing was almost a decade ago, after all.) The entertaining Edge of Tomorrow, crisply directed by Bourne series vet Doug Liman, takes what’s most irritating about Cruise’s persona (he’s so goddamn earnest) and uses it to great advantage, casting him as military PR guru Cage — repping our armed forces on talk shows amid battles with alien invaders dubbed “Mimics” — whose oiliness masks the fact that he’s terrified of actual combat. When he’s forced to fight by a no-nonsense superior (Brendan Gleeson), he’s gruesomely killed, along with nearly every other human soldier. But wait! Thanks to a particularly close encounter with outer-space pixie dust, he awakens, unharmed, to re-live the day, over and over again (yep, shades of a certain Bill Murray comedy classic). Each “reset” offers Cage a chance to work his way closer to changing the course of the war in humanity’s favor, with key help from a badass (Emily Blunt) whose heroics on the battlefield have earned her the nickname “Full Metal Bitch.” Nothing groundbreaking here — but Edge of Tomorrow manages to make its satisfying plot as important as its 3D explosions, which means it automatically rises above what passes for popcorn fun these days. (1:53) (Cheryl Eddy)

The Fault in Our Stars Shailene Woodley stars in this based-on-a-best-seller romance about two teens who meet at a cancer support group. (2:05)

Night Moves Not to be confused with Arthur Penn’s same-named 1975 Gene Hackman thriller, Kelly Reichardt’s latest film nonetheless is also a memorably quiet, unsettling tale of conspiracy and paranoia. It takes us some time to understand what makes temporary allies of jittery Josh (Jesse Eisenberg), Portland, Ore.-style alterna-chick Dena (Dakota Fanning) and genial rural recluse Harmon (Peter Sarsgaard), beyond it being a mission of considerable danger and secrecy. When things don’t go exactly as planned, however, the three react very differently to the resulting fallout, becoming possibly greater threats to one another than the police or FBI personnel pursuing them. While still spare by mainstream standard, this is easily Reichardt’s most accessible work, carrying the observational strengths of 2010’s Meek’s Cutoff, 2008’s Wendy and Lucy, and 2006’s Old Joy over to a genuinely tense story that actually goes somewhere. (1:52) (Dennis Harvey)

Rigor Mortis Spooky Chinese folklore (hopping vampires) meets J-horror (female ghouls with long black hair) in this film — directed by Juno Mak, and produced by Grudge series helmer Takashi Shimizu — inspired by Hong Kong’s long-running Mr. Vampire comedy-horror movie series. Homage takes the form of casting, with several of Vampire’s key players in attendance, rather than tone, since the supernatural goings-on in Rigor Mortis are more somber than slapstick. Washed-up film star Chin Siu-ho (playing an exaggerated version of himself) moves into a gloomy apartment building stuffed with both living and undead tenants; his own living room was the scene of a horrific crime, and anguished spirits still linger. Neighbors include a frustrated former vampire hunter; a traumatized woman and her white-haired imp of a son; a kindly seamstress who goes full-tilt ruthless in her quest to bring her deceased husband back to life; and an ailing shaman whose spell-casting causes more harm than good. Shot in tones so monochromatic the film sometimes appears black-and-white (with splashes of blood red, natch), Rigor Mortis unfortunately favors CG theatrics over genuine scares. That said, its deadpan, world-weary tone can be amusing, as when one old ghost-chaser exclaims to another, “You’re still messing around with that black magic shit?” (1:45) (Cheryl Eddy)

Test Writer-director Chris Mason Johnson sets his film at a particular moment in the early years of the AIDS epidemic — when the first HIV blood test became publicly available, in 1985 — within a milieu, the world of professional modern dance, that rarely makes an appearance in narrative films. Test’s protagonist, Frankie (Scott Marlowe), is a young understudy in a prestigious San Francisco company, and the camera follows him on daily rounds from a rodent-infested Castro apartment, where he lives with his closeted roommate, to the dance studio, where he marks the steps of the other performers and waits anxiously for an opportunity to get onstage. Larger anxieties are hovering, moving in. We get a rehearsal scene in which a female dancer recoils from her male partner’s embrace, lest his sweat contaminate her; conversations about the virus in changing rooms and at parties; a sexual encounter between Frankie and a stranger, after which he stares at the man as if he might be a mortal enemy; a later, aborted encounter in which the man sits up in bed, appalled and depressed, after Frankie hesitantly proffers a condom, remarking, “They say we should use these…” A neighbor watches Frankie examine himself for skin lesions. Rock Hudson dies. Frankie warily embarks on a friendship with a brash, handsome fellow dancer (Matthew Risch) who offers a counterpoint to his cerebral, watchful reserve. And throughout, the company rehearses and performs, in scenes that beautifully evoke the themes of the film, a quiet, thoughtful study of a person, and a community, trying to reorient and find footing amid a cataclysm. (1:29) Elmwood (director in person Sat/7, 7:15pm show), Presidio (director in person Fri/6, 8:30pm; Sat/7, 3:50pm; and Sun/8, 6:15pm shows). (Lynn Rapoport)

We Are the Best! Fifteen years after Show Me Love, Lukas Moodysson’s sweet tale of two girls in love in small-town Sweden, the writer-director returns to the subject of adorably poignant teen angst. Set in Stockholm in 1982, and adapted from a graphic novel by Moodysson’s wife, Coco Moodysson, We Are the Best! focuses on an even younger cohort: a trio of 13-year-old girls who form a punk band in the interest of fighting the power and irritating the crap out of their enemies. Best friends Bobo (Mira Barkhammar) and Klara (Mira Grosin) spend their time enduring the agonies of parental embarrassment and battling with schoolmates over personal aesthetics (blond and perky versus chopped and spiked), nukes, and whether punk’s dead or not. Wreaking vengeance on a group of churlish older boys by snaking their time slot in the local rec center’s practice space, they find themselves equipped with a wealth of fan enthusiasm, but no instruments of their own and scant functional knowledge of the ones available at the rec center. Undaunted, they recruit a reserved Christian classmate named Hedvig (Liv LeMoyne), whose objectionable belief system — which they vow to subvert for her own good — is offset by her prodigious musical talents. Anyone who was tormented by the indignities of high school PE class will appreciate the subject matter of the group’s first number (“Hate the Sport”). And while the film has a slightness to it and an unfinished quality, Moodysson’s heartfelt interest in the three girls’ triumphs and trials as both a band and a posse of friends suffuses the story with warmth and humor. (1:42) (Lynn Rapoport)

Film Listings: June 4 – 10, 2014

0

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Dennis Harvey, Lynn Rapoport, and Sara Maria Vizcarrondo. For rep house showtimes, see Rep Clock.

DOCFEST

The 13th San Francisco Documentary Film Festival runs June 5-19 at the Brava Theater, 2781 York, SF; Roxie Theater, 3117 16th St, SF; and Oakland School of the Arts Theater, 530 19th St, Oakl. For tickets (most shows $12) and complete schedule, visit www.sfindie.com. For commentary, see “Peculiar Thrills.”

OPENING

Edge of Tomorrow Tom Cruise and Emily Blunt star in this sci-fi thriller about an alien war being fought by soldiers caught in a seemingly endless time loop. (1:53) Four Star, Presidio.

The Fault in Our Stars Shailene Woodley stars in this based-on-a-best-seller romance about two teens who meet at a cancer support group. (2:05) Marina.

Night Moves Not to be confused with Arthur Penn’s same-named 1975 Gene Hackman thriller, Kelly Reichardt’s latest film nonetheless is also a memorably quiet, unsettling tale of conspiracy and paranoia. It takes us some time to understand what makes temporary allies of jittery Josh (Jesse Eisenberg), Portland, Ore.-style alterna-chick Dena (Dakota Fanning) and genial rural recluse Harmon (Peter Sarsgaard), beyond it being a mission of considerable danger and secrecy. When things don’t go exactly as planned, however, the three react very differently to the resulting fallout, becoming possibly greater threats to one another than the police or FBI personnel pursuing them. While still spare by mainstream standard, this is easily Reichardt’s most accessible work, carrying the observational strengths of 2010’s Meek’s Cutoff, 2008’s Wendy and Lucy, and 2006’s Old Joy over to a genuinely tense story that actually goes somewhere. (1:52) Metreon. (Harvey)

Rigor Mortis Spooky Chinese folklore (hopping vampires) meets J-horror (female ghouls with long black hair) in this film — directed by Juno Mak, and produced by Grudge series helmer Takashi Shimizu — inspired by Hong Kong’s long-running Mr. Vampire comedy-horror movie series. Homage takes the form of casting, with several of Vampire‘s key players in attendance, rather than tone, since the supernatural goings-on in Rigor Mortis are more somber than slapstick. Washed-up film star Chin Siu-ho (playing an exaggerated version of himself) moves into a gloomy apartment building stuffed with both living and undead tenants; his own living room was the scene of a horrific crime, and anguished spirits still linger. Neighbors include a frustrated former vampire hunter; a traumatized woman and her white-haired imp of a son; a kindly seamstress who goes full-tilt ruthless in her quest to bring her deceased husband back to life; and an ailing shaman whose spell-casting causes more harm than good. Shot in tones so monochromatic the film sometimes appears black-and-white (with splashes of blood red, natch), Rigor Mortis unfortunately favors CG theatrics over genuine scares. That said, its deadpan, world-weary tone can be amusing, as when one old ghost-chaser exclaims to another, “You’re still messing around with that black magic shit?” (1:45) Metreon. (Eddy)

Test Writer-director Chris Mason Johnson sets his film at a particular moment in the early years of the AIDS epidemic — when the first HIV blood test became publicly available, in 1985 — within a milieu, the world of professional modern dance, that rarely makes an appearance in narrative films. Test‘s protagonist, Frankie (Scott Marlowe), is a young understudy in a prestigious San Francisco company, and the camera follows him on daily rounds from a rodent-infested Castro apartment, where he lives with his closeted roommate, to the dance studio, where he marks the steps of the other performers and waits anxiously for an opportunity to get onstage. Larger anxieties are hovering, moving in. We get a rehearsal scene in which a female dancer recoils from her male partner’s embrace, lest his sweat contaminate her; conversations about the virus in changing rooms and at parties; a sexual encounter between Frankie and a stranger, after which he stares at the man as if he might be a mortal enemy; a later, aborted encounter in which the man sits up in bed, appalled and depressed, after Frankie hesitantly proffers a condom, remarking, “They say we should use these&ldots;” A neighbor watches Frankie examine himself for skin lesions. Rock Hudson dies. Frankie warily embarks on a friendship with a brash, handsome fellow dancer (Matthew Risch) who offers a counterpoint to his cerebral, watchful reserve. And throughout, the company rehearses and performs, in scenes that beautifully evoke the themes of the film, a quiet, thoughtful study of a person, and a community, trying to reorient and find footing amid a cataclysm. (1:29) Elmwood (director in person Sat/7, 7:15pm show), Presidio (director in person Fri/6, 8:30pm; Sat/7, 3:50pm; and Sun/8, 6:15pm shows). (Rapoport)

We Are the Best! Fifteen years after Show Me Love, Lukas Moodysson’s sweet tale of two girls in love in small-town Sweden, the writer-director returns to the subject of adorably poignant teen angst. Set in Stockholm in 1982, and adapted from a graphic novel by Moodysson’s wife, Coco Moodysson, We Are the Best! focuses on an even younger cohort: a trio of 13-year-old girls who form a punk band in the interest of fighting the power and irritating the crap out of their enemies. Best friends Bobo (Mira Barkhammar) and Klara (Mira Grosin) spend their time enduring the agonies of parental embarrassment and battling with schoolmates over personal aesthetics (blond and perky versus chopped and spiked), nukes, and whether punk’s dead or not. Wreaking vengeance on a group of churlish older boys by snaking their time slot in the local rec center’s practice space, they find themselves equipped with a wealth of fan enthusiasm, but no instruments of their own and scant functional knowledge of the ones available at the rec center. Undaunted, they recruit a reserved Christian classmate named Hedvig (Liv LeMoyne), whose objectionable belief system — which they vow to subvert for her own good — is offset by her prodigious musical talents. Anyone who was tormented by the indignities of high school PE class will appreciate the subject matter of the group’s first number (“Hate the Sport”). And while the film has a slightness to it and an unfinished quality, Moodysson’s heartfelt interest in the three girls’ triumphs and trials as both a band and a posse of friends suffuses the story with warmth and humor. (1:42) Embarcadero, Shattuck, Smith Rafael. (Rapoport)

ONGOING

Cold in July Though he’s best-known for his cut-above indie horror flicks (2010’s Stake Land; 2013’s We Are What We Are), Jim Mickle’s most accomplished film to date explores new turf for the writer-director: small-town noir. Cold in July, a thriller ranging across East Texas, circa 1989, is adapted from the novel by Joe R. Lansdale, who — buckle up, cultists — also penned the short story which spawned 2002’s Bubba Ho-Tep. That said, there are no supernatural elements afoot here; all darkness springs entirely from the coal-black hearts beating in its characters. Well, some of its characters, anyway; though Cold in July begins with a killing, the trigger hand is attached to mild-mannered Richard Dane (Dexter‘s Michael C. Hall, rocking a splendid mullet). The masked man he shot was breaking into his home; Richard was just protecting his family, and the crime is breezed over by the police. Unlike Viggo Mortensen’s secret gangster in 2005’s A History of Violence, a film which begins with a similar premise, Richard has zero past aggression to draw on; dude’s got a history of mildness — with a heretoforth untapped curiosity about the wilder side of life awakened by a sudden bloody act. The good guy/bad guy dynamic is twisted, tested, and taken to extremes as the story progresses; it’s the sort of film best viewed without much knowledge of its plot twists, which are numerous and cleverly plotted. Throughout, the film expertly works its 1980s setting as both homage to and embodiment of the era’s gritty thrillers; its synth-heavy score and the casting of Wyatt Russell (son of Kurt) add to the feeling that Cold in July was crafted after much time spent in the church of St. John Carpenter. Amen to that. (1:49) Opera Plaza. (Eddy)

The Dance of Reality His unique vision recently re-introduced to audiences by unmaking-of documentary Jodorowsky’s Dune, cinematic fabulist Alejandro Jodorowsky is back with his first film in a quarter-century. This autobiographical fantasia shows all initial signs of being a welcome yet somewhat redundant retread of his cult-famed early work (1970’s El Topo, 1973’s The Holy Mountain), as Santa Sangre was in 1989. It starts with the filmmaker himself fulminating wisdoms about the spiritual emptiness of a money-centric world, then appearing as guardian angel to his child self (Jeremias Herskovits). Little Alejandro is raised by a bullying, hyper macho father (Brontis Jodorowsky) and warm, indulgent mother (soprano Pamela Flores, singing every line of dialogue) who naturally clash at every turn. Jodorowsky’s stunning eye for bizarre imagery (abetted by DP Jean-Marie Dreujou’s handsome compositions) hasn’t faded, so there are delights to be had even in what fans might consider an over-familiar parade of dwarfs, amputees, anti clerical burlesques (like a dress-up dog beauty contest at church), Chaplinesque circus sentimentality, and other simple if surreal illustrations of society’s eternal victims and overlords. At a certain point, however, the misdeeds of father Jaime force his self-exile. The film’s consequent picaresque allegory of epic suffering toward redemption becomes cheerfully goofy, its symbol-strewn path increasingly funny and sweet rather than burdened by import. A large part of that appeal is due to junior Jodorowsky Brontis, who demonstrates considerable farcical esprit while flashing more full-frontal nudity than Michael Fassbender and Ewan McGregor combined ever dreamed of obliging. Shot in the family’s native Chile on a purported crowd funded budget of $3 million — could Hollywood provide so much original spectacle for 30 times that amount?—The Dance of Reality finds its 84-year-old maker as frisky as a pony, one that provides an endearingly unpredictable ride. (2:10) Opera Plaza, Shattuck. (Harvey)

The Grand Seduction Canadian actor-director Don McKellar (1998’s Last Night) remakes 2003 Quebecois comedy Seducing Doctor Lewis, about a depressed community searching for the town doctor they’ll need before a factory will agree to set up shop and bring much-needed jobs to the area. Canada is still the setting here, with the harbor’s name — Tickle Head — telegraphing with zero subtlety that whimsy lies ahead. A series of events involving a Tickle Head-based TSA agent, a bag of cocaine, and a harried young doctor (Taylor Kitsch) trying to avoid jail time signals hope for the hamlet, and de facto town leader Murray (Brendan Gleeson) snaps into action. The seduction of “Dr. Paul,” who agrees to one month of service not knowing the town is desperate to keep him, is part Northern Exposure culture clash, part Jenga-like stack of lies, as the townspeople pretend to love cricket (Paul’s a fanatic) and act like his favorite lamb dish is the specialty at the local café. The wonderfully wry Gleeson is the best thing about this deeply predictable tale, which errs too often on the side of cute (little old ladies at the switchboard listening in on Paul’s phone-sex with his girlfriend!) rather than clever, as when an unsightly structure in the center of town is explained away with a fake “World Heritage House” plaque. Still, the scenery is lovely, and “cute” doesn’t necessarily mean “not entertaining.” (1:52) Embarcadero. (Eddy)

Ida The bomb drops within the first ten minutes: after being gently forced to reconnect with her only living relative before taking her vows, novice nun Anna (Agata Trzebuchowska) learns that her name is actually Ida, and that she’s Jewish. Her mother’s sister, Wanda (Agneta Kulesza) — a Communist Party judge haunted by a turbulent past she copes with via heavy drinking, among other vices — also crisply relays that Ida’s parents were killed during the Nazi occupation, and after some hesitation agrees to accompany the sheltered young woman to find out how they died, and where their bodies were buried. Drawing great depth from understated storytelling and gorgeous, black-and-white cinematography, Pawel Pawilowski’s well-crafted drama offers a bleak if realistic (and never melodramatic) look at 1960s Poland, with two polar-opposite characters coming to form a bond as their layers of painful loss rise to the surface. (1:20) Clay. (Eddy)

The Immigrant Ewa (Marion Cotilliard) is an orphaned Polish émigré who’s separated from her sickly sister at Ellis Island in 1921, and scheduled for deportation as an alleged “woman of low morals.” She’s rescued from that by Bruno (Joaquin Phoenix), though he’s not quite the agent of charity he seems — in fact, Ewa doesn’t realize she’s actually been recruited for a prostitution racket he thinly veils as a theatrical troupe. Still, she stays, believing she has no other viable path to freeing her sister from quarantine, she allows her own degradation for money’s sake. This latest collaboration between Phoenix and director-coscenarist James Gray is a handsome period piece that’s done skillfully and tastefully enough to downplay — but not quite hide — the fact that its moral melodrama might as well have been written (as well as set) nearly a century ago. Cotilliard is fine in her best English-language role to date, and Phoenix is compelling as usual; Jeremy Renner is somewhat miscast as a distant-third lead. But whether you find The Immigrant poignant or forced will depend on your tolerance for a script whose every turn is all too predictable. (2:00) Metreon. (Harvey)

Maleficent Fairytale revisionism is all the rage these days, what with the unending power of Disney princesses to latch into little girls everywhere and bring parental units (and their wallets) to their knees. Yet princesses almost seem beside the point in this villain’s-side-of-the-story tale — Maleficent (Angelina Jolie), the queen of the fairies in the magical moors, wronged by Stefan (Sharlto Copley), who saws off her wings in order to win a crown. Accompanied by her shape-shifting minion, crow Diaval (Sam Riley), Maleficent attends the christening of King Stefan’s first-born daughter, Aurora, hot on the heels of three clownish good fairies (Lesley Manville, Imelda Staunton, Juno Temple), and delivers a curse that will have this future Sleeping Beauty (Elle Fanning) prick her finger on a spindle and sink into a deathlike coma until her true love’s kiss. Will that critical smooch be delivered  by Prince Bieber, er, Phillip (Brenton Thwaites)? Considering the potential for Disney’s trademark, heart-tugging enchantment to get magically tangled up in girl power, it’s tough to suck up the disappointment in the ooey-gooey, gummy-faced troll-doll aesthetics of the art direction and animation, as well as first-time director Robert Stromberg’s choppy, dashed-through storytelling. Part of the problem is that there’s almost zero threat here, despite its antihero’s devilish presence — is there ever any doubt that a healthy resolution will win out, even at the expense of blood ties? Best to find dangerous pleasures where one can — namely in the vivid Jolie, cheekbones honed to a razor edge, who spits biting remarks at her accursed charge, beneath Joan Crawford-esque eyebrows and horns crying out for club-kid Halloween treatments. (1:37) Marina, Metreon, 1000 Van Ness, Shattuck, Sundance Kabuki, Vogue. (Chun) *