Dufty loses the tenant vote

Pub date December 9, 2009
WriterTim Redmond
SectionPolitics Blog

By Tim Redmond

Sup. Bevan Dufty, the first candidate to formally enter the San Francisco mayor’s race, just took a big political hit. By voting against a bill that would have protected tenants from unjust evictions, he’s angered one of the city’s largest and most powerful voting blocs.

The bill, by Sup. John Avalos, was important to the tenant movement. It extends to renters in buildings constructed after 1979 the same protections that the occupants of older buildings enjoy. It’s particularly important now, when so many buildings are facing foreclosure; under city law, foreclosure isn’t a “just cause” for eviction, but some tenants are losing their homes after foreclosure actions anyway.

Dufty has never been a great tenant vote, but this one should have been easy. The Avalos bill doesn’t put any more housing under rent control, or limit rent hikes, or impose any taxes or fees. There’s no direct economic impact on any landlords.

I couldn’t reach Dufty for comment today, but if the Chronicle quoted him accurately, his explanation was pretty weak:

Dufty told The Chronicle he would have supported the legislation had it simply addressed foreclosure-driven evictions. He feared that as drafted, the proposed law “would have too many unintended consequences,” particularly when it comes to condominium owners who want to move back into units that have been rented out. The burden on owners who try to evict on that basis could prove too harsh when it comes to time and money, he said.

The problem with that arugment is that owner move-in has always been a just cause for eviction. The Avalos bill wouldn’t change that. You own a condo, you rent it out and you want to move back in, you can evict the tenant.

The real problem here is what landlords think of as “rent-control creep.” Once you start allowing eviction protections on newer buildings, they fear, the next step might be actual rent controls on those buildings. So they fought against the bill.

The landlords have money, and if they see Dufty as their ally, they may reward him with campaign contributions. But the progressive vote is going to be important in the next mayor’s race, and so far — unless Sup. Ross Mirkarimi or Public Defender Jeff Adachi jumps in the race — the progressives don’t have a clear candidate. And while there will be a lot of issues in the race, this will be a big one, and I think the vote will hurt Dufty.

Of course, that assumes there’s a more pro-tenant candidate — and that’s not clear at this point. The others who are widely mentioned as potential contenders are state Sen. Leland Yee, Assessor Phil Ting and City Attorney Dennis Herrera. Herrera has traditionally declined to comment on issues like this, in part because he’s the city’s chief legal officer and has to defend the legislation and also because city law bars him from endorsing candidates or taking stands on ballot measures. But he told me several weeks ago that if he announces for mayor, he will openly discuss any issues facing the city.

When I called him today, he made the same promise again — then told me that he hasn’t announced for mayor yet, and so is declining to comment on whether he supports the Avalos bill. Ting told me he wasn’t familiar enough with the bills details, although, like Dufty, he said he supports eviction protections for tenants in foreclosed buildings.

I’m still waiting to hear from Yee.