David Chiu

Alerts: March 5 – 11, 2014

Michael Redmond
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WEDNESDAY 5

Debate: Supervisors Campos and Chiu Run for Assembly Potrero Hill Neighborhood House, 953 De Haro, SF. www.phdemclub.org. 7:30pm, free. Potrero Hill Democratic Club presents what promises to be a lively debate between two members of the Board of Supervisors running to succeed Tom Ammiano in the State Assembly, District 17: David Campos and David Chiu. The two Davids, both Harvard-educated attorneys, agree on a lot — but the debates are a forum where their differences can be brought into sharp focus. Which David do you want to represent you in Sacramento?

 

THURSDAY 6

 

Trans in the Tenderloin since the 1960s The GLBT Historical Society, 4127 18th St., SF. www.glbthistory.org. 7-9pm, $5 general admission, $3 for students. Hear about San Francisco’s transgender Tenderloin history, from the era when “screaming queens” acted up at the 1966 Compton’s Cafeteria Riot to today. Stories will be shared by four individuals with decades of firsthand experience in the neighborhood: a former sex worker, an ex-hair fairy and veteran transwoman activists. Moderated by GLBT History Museum curator Don Romesburg, this roundtable will feature Tamara Ching, Felicia Elizondo, Ronnie Lynn and Veronika Fimbres.

 

Where has all the water gone? Berkeley Fellowship of Unitarian Universalists’ Hall, 1924 Bonita, Berk. www.transitionberkeley.com. 7pm, $5-$10 suggested donation. Join Transition Berkeley will host this evening of film and conversation about water. Watch part of “Last Call at the Oasis,” and join in on a discussion about solutions. Speakers will include Matt Freiberg of the Berkeley Climate Action Coalition as well as experienced gardeners and homeowners who have mastered water conservation techniques.

 

SATURDAY 8

Protest Against The Nudity Ban Jane Warner Plaza, Market and Castro, SF. www.mynakedtruth.tv. 12pm, free. Please join us for another protest against the nudity ban on International Women’s Day. We will be focusing on women’s rights to body freedom and lack thereof. Please join us naked, dressed, or top-free. It is legal for women to be top-free in San Francisco.

 

TUESDAY 11

Day of Action: Third Anniversary of Fukushima Meltdowns Japanese Consulate, 50 Fremont, SF. nonukesaction.wordpress.com. 3-4:30pm, free. Three years ago, an earthquake and tsunami ravaged Japan. The after effects are still felt today, as radiation from the Fukushima nuclear plant continues to threaten lives. We are taking to the streets to demand action against the Tokyo Electric Power Company, which has been bungling the remediation efforts. Join for an assembly of short speeches and delivery of a letter to the Consul, then march to Union Square to rally in support of Japan.

Kick the can

Michael Redmond
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27
Kick the can

joe@sfbg.com

At least 720 San Francisco businesses oppose the controversial Sugary Beverage Tax proposed for the November ballot, according to the proposed ballot measure’s opponents. But a Guardian investigation shows that claim is overstated.

Some businesses were listed with the consent of employees who couldn’t speak for the business, not their owners, and some businesses listed aren’t even open anymore.

The measure is opposed by Unfair Beverage Taxes: Coalition for an Affordable City, which is funded by the American Beverage Association and fronted by public relations firm BMWL and Partners. They have been trying to enlist allies from local restaurants and liquor stores, trying to show the community is against the Sugary Beverage Tax.

The ABA is funded primarily by Coca-Cola Company and PepsiCo, and they certainly have cause to worry about a measure that aims to reduce consumption of sodas and other sugary drinks to help curb obesity, using a 2 cent per ounce tax on sugary beverages sold in San Francisco.

The resolution to place the measure on the fall ballot is sponsored by Sups. Scott Wiener, Eric Mar, Malia Cohen, John Avalos, and David Chiu.

The estimated $31 million in taxes collected would go to the SFUSD to fund physical education for kids and active and healthy living programs in the San Francisco Recreation and Park Department and the Department of Public Health.

We called over 70 of the businesses on the list of opposition to the tax in San Francisco. Not all of the businesses responded to our calls, nor were owners easily available, and some of the businesses listed did not have English-speaking staff available to talk.

Update 2/26: Want to see the list for yourself? Click here for the PDF of the opposition list to the Sugary Beverage Tax sent to us by Affordable City. 

But about 20 of the businesses did respond, and what they told us calls into question the veracity of the opposition list.

Mohammed Iqbal, owner of All Nite Pizza on Third Street, said he only learned about the Sugary Beverage Tax only after we called. Following up later, he said he found that one of his employees signed onto the list.

records“We’re not really sure about the tax, we’d rather stay out of it,” Iqbal told us.

Swanky coffee and wine bar Ma’Velous, a spot popular with City Hall politicos, was also on the list. The owner’s wife, Lean Chow, told us opposition canvassers presented the tax in a one-sided way, and she wasn’t told her signature would place the business onto an opposition list.

“We didn’t get the full details,” she told us in a phone interview. “We also didn’t know the taxes would go towards education.” Her husband owns the coffee bar, and she said they are both fully in support of the beverage tax.

Noe’s Bar and the formerly co-owned Basso’s restaurant are also on the opposition list, but both businesses are permanently closed, according to their Yelp listings and county business data, which we confirmed with phone calls.

Most of the store owners we talked to who did confirm they were on the opposition list said they were not told the funding would go to schools, activities in parks, or public health. Some said they were actively misinformed.

Aijez Ghani, the owner of the restaurant Alhamra, told us, “The one gentleman come, and he say in favor or against? I said in favor.”

When we asked him if he knew he was on the opposition list, Ghani said, “I think it was a mistake. But I am totally in favor of the tax, 100 percent. They’re going to spend money on the schools, the health of kids, and health is more important than business.”

Chuck Finnie, who runs the opposition group for BMWL, invited us up to his firm to inspect the signatures for the opposition list. Along the office walls were dozens of silver and gold award statues from the American Association of Political Consultants “Pollies” awards. One was a 2013 Overall Campaign win for No on N, when the firm trounced the Sugary Beverage Tax in Richmond.

Finnie suspected that the Guardian was sniffing around the list at the behest of Wiener, who Finnie said had raised concerns about the list’s credibility at various meetings in the business community.

“I was a journalist for 20 years, and this is bullshit,” the ex-San Francisco Chronicle investigative reporter and city editor told us. “The gloves are off.”

On the table was a large bin of records. Each business had a sheet with, supposedly, an owner’s name and contact information. We found one listing Mohammed Iqbal, of All Night Pizza, but Iqbal told us the signature was from an employee whose English was not good. Chow was also in there representing Ma’Velous, even though her husband, Philip Ma, is the only registered owner in county records.

As for the closed businesses, Noe’s Bar only closed three weeks ago, but Finnie and his associate Nick Panagopoulos (a former City Hall staffer) said they comb through the opposition list for mistakes every week, showing the Guardian a list of 12 businesses that were removed due to errors in the outreach process.

“I’m responsible for this coalition we’re building, and I’m serious about our political organizing,” Panagopoulos told us, saying he’s rigorous about the standards his organizers use, but that “they’re human beings, so there may be mistakes.”

But Wiener isn’t buying it.

“When I first saw this list, it looked fishy to me,” he wrote to the Guardian in an email, saying his office found irregularities similar to what we found, but from different businesses. “I’m concerned that, given this start to the campaign, the beverage industry is going to flood San Francisco with enormous amounts of money spreading misinformation. This kind of tactic isn’t acceptable.”

Francisco Alvarado, Bryan Augustus, and Brian McMahon contributed to this story.

Ammiano and Leno seek to reform the Ellis Act and slow SF evictions [UPDATED]

Sasha Cuttler
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110
Ammiano and Leno seek to reform the Ellis Act and slow SF evictions [UPDATED]

State lawmakers from San Francisco are launching a two-pronged attack on the Ellis Act, which real estate speculators are increasingly using to evict tenants from rent-controlled apartments and cash in on a housing market that’s been heated up by demand from high-paid employees of the booming tech sector.

Assemblymember Tom Ammiano today introduced Assembly Bill 2405, which would allow the San Francisco voters or the Board of Supervisors to declare a mortorium on Ellis Act evictions when the city’s state-mandated affordable housing goals aren’t being met.

Sen. Mark Leno is also planning to introduce his own Ellis Act reforms by today’s legislative deadline for introducing new bills. He’s been working on a reform package with Mayor Ed Lee, but Leno is keeping the details under wraps under Monday at 9am when the pair will hold a press conference outside a Chinatown apartment building to announce their proposal.

Both proposals face an uphill battle in Sacramento given that San Francisco is one of only a couple jurisdictions in the state that have rent control, which Ellis Act was designed to undermine by allowing landlords to get out of the rental business and remove apartments for the market. And the real estate industry industry is expected to strongly oppose the reforms.

“It will, of course, be very difficult, but Mr. Ammiano has been talking about this for months and he’s committed to doing something,” his Press Secretary Carlos Alcala told the Guardian.   

UPDATE 2/24] Leno and Mayor Lee — flanked by other supporters of the legislation, including Sups. David Campos and David Chiu, rival candidates to succeed Ammiano — this morning announced the introduction of Senate Bill 1439. It would authorize San Francisco to prohibit those who buy rental properties to invoke the Ellis Act and evict tenants for at least five years, and only allow only one Ellis Act eviction for the life of each property. 

“The original spirit of California’s Ellis Act was to allow legitimate landlords a way out of the rental business, but in recent years, speculators have been buying up properties in San Francisco with no intention to become landlords but to instead use a loophole in the Ellis Act to evict long-time residents just to turn a profit,” Leno said.

Ammiano’s press release follows, followed by Leno’s:

 

Ammiano Introduces Bill to Stem Evictions from Affordable Housing

 

SACRAMENTO – Assemblymember Tom Ammiano today introduced AB 2405 to empower local jurisdictions to stop the erosion of affordable housing stock.

 

“San Francisco is seeing a terrible crisis,” Ammiano said. “The people who have made our city the diverse and creative place that it is are finding it harder and harder to stay in San Francisco. The rash of Ellis Act evictions has only made it worse.”

Ellis Act evictions are permitted under certain circumstances when a property owner is taking a rent-controlled unit out of the rental market. However, some owners have been abusing these provisions and improperly evicting tenants from rent-controlled units. The problem is not restricted to San Francisco, although the city is going through a particularly critical loss of affordable housing.

AB 2405 would allow local jurisdictions – by means of a Board of Supervisors or public vote – to enact a moratorium on Ellis Act evictions when the local housing element is not met. Also, the bill would hide no-fault evictions from tenant records or credit checks in unlawful detainer cases, and would place Ellis Act unlawful detainer cases on civil court calendars.

“Experience shows you can’t build your way out of an affordable housing crisis,” Ammiano said. “We have to do what we can to preserve what affordable housing we have. This is one piece of that effort.”

New Legislation Closes Ellis Act Loophole for San Francisco

Senator Mark Leno Joins Mayor Ed Lee, Tenant Advocates, Labor Groups and Business Leaders

to Stop Speculative Evictions in San Francisco

 

SAN FRANCISCO – Senator Mark Leno today joined San Francisco Mayor Ed Lee, other elected officials, tenant advocates, labor groups and business leaders to introduce legislation closing a loophole in the Ellis Act that allows speculators to buy rent-controlled buildings in San Francisco and immediately begin the process of evicting long-term renters. Aiming to mitigate the negative impacts of a recent surge in Ellis Act evictions in San Francisco, Senate Bill 1439 authorizes San Francisco to prohibit new property owners from invoking the Ellis Act to evict tenants for five years after the acquisition of a property, ensures that landlords can only activate their Ellis Act rights once, and creates penalties for violations of these new provisions.

 

“The original spirit of California’s Ellis Act was to allow legitimate landlords a way out of the rental business, but in recent years, speculators have been buying up properties in San Francisco with no intention to become landlords but to instead use a loophole in the Ellis Act to evict long-time residents just to turn a profit,” said Senator Leno, D-San Francisco. “Many of these renters are seniors, disabled people and low-income families with deep roots in their communities and no other local affordable housing options available to them. Our bill gives San Francisco an opportunity to stop the bleeding and save the unique fabric of our City.”

 

Ellis Act evictions in San Francisco have tripled in the last year as more than 300 properties were taken off the rental market. This spike in evictions has occurred simultaneously with huge increases in San Francisco property values and housing prices. About 50 percent of the city’s 2013 evictions were initiated by owners who had held a property for less than one year, and the majority of those happened during the first six months of ownership.

 

“We have some of the best tenant protections in the country, but unchecked real estate speculation threatens too many of our residents,” said Mayor Lee. “These speculators are turning a quick profit at the expense of long time tenants and do nothing to add needed housing in our City. These are not the landlords the Ellis Act was designed to help, and this legislation gives San Francisco additional tools needed to protect valuable housing and prevent further Ellis Act speculator evictions, which has already displaced working families and longtime San Franciscans. This carve out is a good policy for San Francisco, and I thank Senator Leno for being a champion on this issue. Together we have built a large coalition of renters, labor and business leaders to fight this battle in Sacramento to support middle income and working families here in our City.”

 

“Rents in San Francisco are at an all-time high. My former neighbors and I, working families and seniors, were displaced from the place we called home for several decades,” said Gum Gee Lee. “Those that have yet to receive an Ellis Act notice continue to live in fear, fear that they too will be evicted from their homes. For seniors such as myself who rely on public transportation and access to social and health services within our community, Ellis evictions cut our lifeline, our independence to thrive. For working class families such as my former neighbors from Jackson Street, they continue to struggle to survive in San Francisco. San Francisco is our home.”

 

Enacted as state law in 1985, the Ellis Act allows owners to evict tenants and quickly turn buildings into Tenancy In Common (TIC) units for resale on the market. In San Francisco, the units that are being cleared are often rent controlled and home to seniors, disabled Californians and working class families. When these affordable rental units are removed from the market, they never return.

 

Senate Bill 1439 will be heard in Senate policy committees this spring.

Chiu and others get stung for support from speculators and evictors

Sasha Cuttler
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88
Chiu and others get stung for support from speculators and evictors

Our colleagues down the hall at the San Francisco Examiner seem to have spoiled tonight’s [Thu/30] fundraiser for David Chiu’s Assembly race by reporting this hour that the host, attorney Steven MacDonald, is on a housing activists’ blacklist for representing landlords in controversial Ellis Act evictions.

Reporter Chris Roberts quotes Chiu campaign manager Nicole Derse pleading ignorance about “what type of law Steven practices” and pledging to return a $500 campaign contribution from him in October, but saying that the 6pm fundraiser at John’s Grill would go on nonetheless.

Derse told the Guardian that MacDonald represents a wide variety of clients, including many tenants who are fighting evictions, so the campaign decided to go ahead with the fundraiser but refused MacDonald’s direct financial support, consistent with a pledge not to take money from those involved in evictions.

“We won’t accept money from anyone who has been involved with evictions at all,” Derse told us, saying it was a mistake to accept money from MacDonald but acknowledging the challenge of the “scrutiny and vetting involved for a small campaign.”

“We’ll do everything we can to make sure this doesn’t happen again,” she told us.  

The controversy and the Chiu’s campaign’s quick decision to refuse the support from an early contributor show just how volatile and politically toxic the city’s eviction and affordable housing crisis have become, rapidly transforming the city’s political dynamics. It also shows how information being made public by housing activists, and their new confrontational tactics, are being used within that changed realm. 

Former Guardian Editor Tim Redmond had a story yesterday on his 48 Hills website focusing on the heat that Sup. Scott Wiener is taking over the political contributions that he’s received from real estate speculators and those involved in evictions, including Urban Green and speculator Ashok K. Gujral, who are among the Dirty Dozen serial evictors highlighted by the Anti-Eviction Mapping Project, whose work we been covering for months here at the Guardian.

Below is an infographic of Supervisor Wiener’s campaign contributions, created by the Anti-Eviction Mapping Project:

Controversial housing proposal at 16th and Mission follows calls to “Clean up the Plaza”

Sasha Cuttler
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89
Controversial housing proposal at 16th and Mission follows calls to “Clean up the Plaza”

El Tecolote had a great cover story last week about the coalition that has formed to oppose a large housing development proposed for the corner of 16th and Mission streets, with 351 new homes that would tower 10 stories above the BART plaza, which is a gathering place for the poor SRO residents who live in the area.

This could become the next great battleground over the gentrification and displacement struggles that are rapidly transforming the Mission, where commercial and residential evictions have been increasing as real estate speculators trying to cash in on the hot housing market.

The article covered a recent protest by the Plaza 16 Coalition, which includes Latino, social justice, and housing rights groups, as well as parents from nearby Marshall Elementary School, which would be left in the shadows of the development project.

The article mentioned but didn’t shed much light on the shadowy Clean up the Plaza campaign, which popped up in September, the month before Maximus Real Estate Partners introduced the lucrative project, which the San Francisco Business Times pegged at $175 million.

The Clean of the Plaza campaign started a website and covered the neighborhood with flyers decrying the “deplorable” conditions around 16th and Mission and painted a portrait of people risking violent assaults every time they use BART, employing more than a little hyperbole while declaring “Enough is enough.”

But the campaign didn’t return Guardian calls at the time or again this week, nor those from El Tecolote or others who have tried to ask questions about possible connections to the developers, who also didn’t return Guardian calls about the project.

“Everyone has assumed those are connected, but nobody has found the smoking gun,” activist Andy Blue told the Guardian.

The possible connection between the development project and a supposedly grassroots campaign seeking to “clean up” that corner did come during the Jan. 23 Assembly District 17 debate between Board President David Chiu and Sup. David Campos, who represents the Mission.

Chiu chided Campos for conditions in the area, claiming “crime has not been tackled” and citing the thousands of signatures on the Clean up the Plaza campaign claims to have gathered on its petition as evidence that Campos’ constituents aren’t happy with his leadership.

“It’s a way to get a luxury condo project,” Campos countered. “You would be supportive of that.”

Campos told the Guardian that he doesn’t have evidence of the connection and that he’s remaining neutral on the project, noting that it could eventually come before the Board of Supervisors. But Campos said he has worked with both police and social service providers to address concerns raised by the petitions and flyers.

“To the extent there were legitimate concerns by these people, I wanted to address them,” Campos said, noting that there have been more police officers patrolling the area and homeless outreach teams trying to get help to people who need it in recent months, a trend we’ve observed.

As to the fate of the project and efforts to promote it, stay tuned. 

Staying power

Michael Redmond
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Staying power

rebecca@sfbg.com

Despite the rain on Feb. 8, organizers of a citywide tenants’ convention at San Francisco’s Tenderloin Elementary School wound up having to turn people away at the door. The meeting was filled to capacity, even though it had been moved at the last minute to accommodate a larger crowd than initially anticipated.

“Oh. My. God. Look at how many of you there are!” organizer Sara Shortt, executive director of the Housing Rights Committee, called out as she greeted the hundreds in attendance. “Tenants in San Francisco, presente!”

The multiracial crowd was representative of neighborhoods from across the city, from elderly folks with canes to parents with small children in tow. Translators had been brought in to accommodate Chinese and Spanish-speaking participants.

Six members of the San Francisco Board of Supervisors also made an appearance: Sups. John Avalos, David Campos, Eric Mar, Malia Cohen, Jane Kim, and Board President David Chiu.

In recent weeks, the convention organizers had convened a series of smaller neighborhood gatherings to solicit ideas for new policy measures to stem the tide of evictions and displacement, a problem that has steadily risen to the level of the defining issue of our times in San Francisco.

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Ana Godina, an organizer with the SEIU, went to the convention with her daughter Ella, 5. Godina drove from Sacramento to support her colleagues. Three of her fellow union members have been evicted recently, all of them Tenderloin and Mission residents. Guardian photo by Amanda Rhoades

While several legislative proposals are on track to move forward at the Board of Supervisors, the meetings were called to directly involve impacted communities and give them an opportunity to shape the legislative agenda on their own terms, according to various organizers.

Addressing the crowd, Shortt recalled what she termed “some amazing jiu jitsu” during last year’s tenant campaigns, which resulted in a 10-year moratorium on condo conversions rather than simply allowing a mass bypass of the condo lottery, as originally proposed.

That measure, which won approval at the Board of Supervisors last June, was designed to discourage real estate speculators from evicting tenants to convert buildings to tenancies-in-common, a shared housing arrangement that’s often a precursor to converting rent-controlled apartments into condos.

That effort brought together the founding members of the Anti Displacement Coalition, and momentum has been building ever since. “This is the beginning of a movement today,” Gen Fujioka of the Chinatown Community Development Center, one of the key organizations involved, told the gathering. “We are shaking things up in our city.”

 

MAINTAINING DIVERSITY

Around 160 participants attended the first in a series of neighborhood tenant conventions in the Castro on Jan. 10. The one in the Richmond a week later drew so many participants that organizers had to turn people away to appease the fire marshal.

“The idea of the neighborhood conventions was to solicit ideas,” explained Ted Gullicksen, head of the San Francisco Tenants Union. “The idea of this event is to review existing ideas and ultimately rank them.” From there, the campaign will pursue a ballot initiative or legislative approval at the Board of Supervisors.

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Ted Gullicksen, director of the San Francisco Tenants Union, and his dog Falcor. Guardian photo by Amanda Rhoades

But first, a few speakers shared their stories. Gum Gee Lee spoke about being evicted from her Chinatown apartment last year along with her husband and disabled adult daughter, an event that touched off a media frenzy about the affordable housing crisis taking root in San Francisco.

“There were times that were very stressful for me. I would call places only for the owner to say, ‘I’ll get back to you,’ but they never did,” she said of that ordeal.

“To see everyone here, all kinds of people, it makes me really happy,” she later told the Bay Guardian through a translator. “I just hope they don’t get evicted.”

Mike Casey, president of UNITE-HERE Local 2 and an executive committee member of the San Francisco Labor Council, also made a few comments at the forum.

“Having the ability to live and vote in this city makes a difference,” he pointed out, saying workers who have to commute long distances for political actions because they’ve been displaced from San Francisco are less likely to get involved.

“The struggle of our time is the widening gap between the rich and the poor,” Casey added. “That is exactly what this struggle is about: to maintain that diversity. What we need to move forward on is bold, effective, measurable change that makes sure we are able to protect the fabric of this community.”

Maria Zamudio, an organizer with Causa Justa/Just Cause, emphasized the idea that the problem of evictions in San Francisco is less of a market-based problem and more of a threat to the city’s existing, interwoven communities.

“Those are our neighborhoods and our communities,” Zamudio said. “We’re fighting for the heart of San Francisco. Fighting for strong tenant protections is a necessary struggle if we are going to keep working class San Franciscans in their homes.”

 

ELLIS ACT UNDER FIRE

As Gullicksen noted at the start of the convention, San Francisco rents have ballooned in recent years, rising 72 percent since 2011.

“We are seeing the most evictions we have seen in a long, long, long, long time,” Gullicksen said. “Most Ellis evictions are being done by one of 12 real estate speculators — evicting us and selling our apartments, mostly to the tech workers.”

Even though median market-rate rents now hover at around $3,400 per month in San Francisco, low-income tenants can avoid being frozen out by sudden rental spikes because rent-control laws limit the amount rents may be increased annually.

But that protection only applies to a finite number of rental units, those built before 1979. That’s why tenant advocates speak of the city’s “rent-controlled housing stock” as a precious resource in decline. Long-term tenants with rent control — in the worst cases, elderly or disabled residents who might be homeless if not for the low rent — are often the ones on the receiving end of eviction notices.

From 2012 to 2013, according to data compiled by the Anti Eviction Mapping Project, the use of the Ellis Act increased 175 percent in comparison with the previous year. That law allows landlords to evict tenants even if they’ve never violated lease terms. Advocates say real estate speculators frequently abuse Ellis by buying up properties and immediately clearing all tenants.

Concurrently with local efforts agitating for new renter protections, organizers from throughout California are pushing to reform the Ellis Act in Sacramento.

Assemblymember Tom Ammiano has promised to introduce a proposal by the Feb. 21 deadline for submitting new legislation, and Sen. Mark Leno is working in tandem with San Francisco Mayor Ed Lee on a parallel track to pursue some legislative tweaks aimed at softening the blow from the Ellis Act.

“Our goal is to change the conversation in Sacramento, where tenants’ concerns are routinely ignored,” said Dean Preston, director of Tenants Together, a statewide organization based in San Francisco.

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Those who didn’t speak English were given head sets so they could listen to each of the speakers comments, which were translated into either Spanish or Chinese. Guardian photo by Amanda Rhoades

On Feb. 18, busloads of protesters will caravan to Sacramento from San Francisco, Oakland, and Fresno for a rally. Preston said they’ve got three demands: reform the Ellis Act, restore a $191 million fund that provides financial assistance for low-income and senior renters, and pass Senate Bill 391, which would provide new funding for the construction of affordable housing.

Even though the law is technically intended to allow property owners to “go out of the business” of being a landlord, Ellis Act evictions in San Francisco are most often carried out by speculators who purchase real estate already occupied by tenants, Gullicksen said.

“Our focus is on the most immediate problem, which is the misuse of the Ellis Act by real estate speculators,” Preston said. “It’s urgent to address that specific use. That’s what Ammiano and Leno are looking at, is ‘what’s the best way to stop speculative use?'”

 

LOCAL POLICY CHANGES SOUGHT

Tyler McMillan of the Eviction Defense Collaborative said his group is often the last resort for tenants threatened with the loss of their rental units. “Too often, we face a losing fight at court,” he said. “We need to write better laws that work better to keep people in their homes.”

The legislative proposals moving forward at the local level seek to attack the problem of evictions and displacement from several angles. On Feb. 3, Sup. David Campos introduced legislation to require landlords who invoke the Ellis Act to pay a higher relocation fee to displaced tenants, equaling two years’ worth of the difference between the tenants’ rent and what would have been considered market rate for that same unit.

“It is time that we recognize that tenants must receive assistance that is commensurate with market increases in rent if we are to truly address our affordability crisis and check the rampant growth of Ellis Act evictions,” Campos said.

As things stand, relocation assistance payments are around $5,261 per tenant, and are capped at $15,783 per unit, with higher payments required for elderly or disabled tenants. But at current market rates, a tenant would not last more than a few months in the city relying solely on the relocation fee to cover rental payments.

Surveying the strong turnout at the tenant convention, Campos said, “There is a movement that’s happening in San Francisco to take our city back, and to make it affordable for all of us.” Yet he noted that he is concerned there will be major pushback from the San Francisco Apartment Association and the real estate industry, formidable interests that oppose the relocation fee increase.

Meanwhile, Sup. Mar has proposed an ordinance that would require the city to track the conversion of rental units to tenancies-in-common, a housing arrangement where multiple parties own shares of a building through a common mortgage. Speculators who buy up properties and immediately evict under the Ellis Act often angle for windfall profits by immediately converting those units to TICs.

Campos is also working on legislation that would regulate landlords’ practice of offering tenants a buyout in lieu of an eviction, a trend advocates say has resulted in far greater displacement than Ellis Act evictions without the same kind of public transparency.

Peter Cohen of the Council on Community Housing Organizations said there’s “no silver bullet” to remedy San Francisco’s affordable housing crisis. “This process is going to come up with another bundle of things,” he said. “All of that is also complimentary to the state campaign. You could have five, six, or seven policy measures going forward — and all of them winnable.”

An idea Cohen said has received traction is the idea of imposing an anti-speculation tax to discourage real estate brokers who abuse the Ellis Act by buying up properties and evicting all tenants soon thereafter (see “Seeking solutions,” for details).

During a breakout session at the tenant convention, longtime LGBT activist Cleve Jones piped up to say, “Harvey Milk proposed the anti-speculation tax back in 1979.”

It wasn’t successful at that time, but Cohen said that given the current level of concern about housing in San Francisco, it’s being talked about in some circles as the most winnable ballot initiative idea.

 

TENANTS FIGHTING BACK

At the Feb. 8 convention, tenants shared stories of challenging orders to vacate their rental properties. “The most important thing that has brought us to the victories we’ve had so far is that tenants have stayed in their homes,” Shortt said. “Tenants have fought, tenants have sought help, tenants have organized.”

Tenants from a North Beach building owned by real estate broker Urban Green shared their story of banding together and successfully challenging an Ellis Act eviction. Chandra Redack, a nine-year resident of 1049 Market St., where tenants continue battling with owners who submitted eviction notices last fall, described to the Bay Guardian how her small group of tenants has continued to organize in the face of ongoing pressure, including the owners’ recent refusal to accept rent checks.

“Our organizations only can support tenants when they stand up and fight,” said Fujioka. “The tenants’ resistance themselves is part of the strategy. If we don’t have rights, we are going to create them.”

Paula Tejeda, a longtime resident of the Mission District originally from Chile, told the Bay Guardian that she’d been threatened with an eviction from her home of 17 years, a Victorian flat on San Carlos Street.

“I thought I was dealing with an Ellis Act, now he’s trying his best for a buyout,” she explained.

Living in that rent-controlled unit made it financially feasible for her to contribute to the Mission community as a small business owner, as well as a poet, author, and active member of the arts community, she said. Tejeda is the proprietor of Chile Lindo, an empanada shop at 16th and Van Ness streets.

“Having the rent control made it possible for me to build Chile Lindo, go back to college and get my MBA,” she said. That in turn gave her the resources to employ one full-time and three part-time staff members, she said.

When she was initially faced with the prospect of moving out, “I wanted to shut down and leave, and go back to Chile,” she said. “We are suffocated, as a society that cares only about the bottom line.”

But surveying the hordes of tenants milling about at the convention, she seemed a bit more optimistic. “The fact that this is happening to everyone at the same time,” she reflected, “is kind of like a mixed blessing.”

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Free lunch, had some vegan options. Guardian photo by Amanda Rhoades

Seeking solutions

A number of policy ideas emerged from the neighborhood tenant conventions, which were held by the San Francisco Anti Displacement Coalition in the Mission, Chinatown, Haight/Richmond, Castro, SoMa, and the Tenderloin.

Here’s a list of what tenants came up with at those forums, which attendees ranked in ballots collected at the event. The ideas will most likely result in a November ballot initiative and one or more legislative proposals, which organizers plan to announce in the near future.

Anti-speculation tax: One idea is to impose a tax on windfall profits garnered by speculators who buy up housing and then sell it off without maintaining ownership for at least six years. The tax would be structured in such a way that the quicker the “flip,” the higher the tax. This would require voter approval.

Eviction moratorium: This proposal is to put a yearlong freeze on certain kinds of “no-fault evictions,” instances where a tenant is ousted regardless of compliance with lease terms. State law would prohibit it from applying to Ellis Act evictions. It might potentially require voter approval.

Department of Rent Control Enforcement and Compliance: This new department, which could be done by local legislation, would create a new city department with the mission and mandate to enforce existing tenant-protection laws and conduct research on eviction trends.

Relocation assistance: While Sup. David Campos is working on legislation to upgrade relocation assistance payments to displaced tenants who face eviction under the Ellis Act, this proposal would do the same for all other forms of “no-fault” evictions. This would require voter approval.

“Excessive rents” tax: While the Costa-Hawkins state law does not allow for cities to control rents in vacant units, this proposal would create a tax on new rental agreements where rents exceed an affordability threshold.

Housing balance requirement: This proposal would make it so that approval of new market-rate housing would be restricted based on whether affordable housing goals were being met. It would create new incentives to build affordable.

Legalize illegal units: This would provide a way to legalize the city’s “illegal” housing units that nevertheless provide a safe and decent source of affordable housing. (Board President David Chiu has already introduced a version of this proposal.)

Sugar fix

Michael Redmond
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0

A resolution to place a sugary beverage tax on the November ballot was introduced at the Feb. 4 Board of Supervisors meeting.

The two-cents-per-ounce tax would be levied at the point of distribution, with the ultimate goal of reducing the consumption of sodas and other sugary drinks to combat obesity in San Francisco. The tax, sponsored by Supervisors Scott Wiener, Eric Mar, Malia Cohen, John Avalos, and David Chiu, is similar to a resolution made two years ago in Richmond.

But Richmond voters ultimately voted it down by 66 percent, so how’s San Francisco any different?

In 2012, the American Beverage Association hired Chuck Finnie of San Francisco public relations group BMWL and Partners. The association funded the Community Coalition Against Beverage Taxes, which reached out to Latino communities and others, saying it was a tax on the poor.

Now Finnie is back as spokesperson for Stop Unfair Beverage Taxes — Coalition for an Affordable City, here in San Francisco.

“It’s a shallow argument, that it’s a regressive tax on poor people,” said Cohen, a sponsor of the ordinance. “What is it costing poor people? Literally it’s costing them their lives.”

Jeff Ritterman, a cardiologist and former Richmond City Council member, was a lead proponent of the Measure N campaign in 2012. He’s another actor from that campaign who’s back now too, helping the supervisors craft their new strategy.

Last time around they were outspent, Ritterman admits. But campaign money is only one way San Francisco is taking a different tack in the upcoming sugar battle.

The supervisors are also proposing to dedicate the estimated $30 million in revenue that the tax will generate to a specific purpose. The funding would be divided between the SFUSD, the Department of Public Health, and the Recreation and Park Department for a mix of outdoor activities and nutrition education. In contrast, Measure N left allocation of new funding open-ended.

In Richmond, “they told people on the telephone I’d use it for trips around the world. It got as crazy as that,” Ritterman said. “You get more support when you show you’ll use it for children’s health and physical activity.”

Since the use of tax funds collected was a major concern for Finnie’s group last time around, now that it’s been addressed he should be happy, right?

“No,” Finnie told the Guardian, flatly. “We disagree that singling out sugar sweetened beverages for special taxation has any merit whatsoever.” 

The trouble with compromise

Jesse Hawthorne Ficks
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44

“It takes no compromise to give people their rights… It takes no money to respect the individual. It takes no political deal to give people freedom. It takes no survey to remove repression.” — Harvey Milk

OPINION As I sat in the audience at the Jan. 23 San Francisco Young Democrats meeting and watched the first debate between David Campos and David Chiu in their race to represent San Francisco’s 17th Assembly District, I was disturbed to hear the words “compromise” and “consensus” come out of David Chiu’s mouth more often than the words “eviction” and “displacement.”

During the debate, a line in the sand was drawn by the two candidates: Campos was on the side of the underdog, a voice to the voiceless; and Chiu, by his own admission, was all about compromise and “getting things done.”

Don’t get me wrong. True compromise can be a good thing. Unfortunately, what has been coming out of City Hall, from both President Chiu’s Board of Supervisors chamber and the Mayor’s Office, hasn’t been real compromise. It’s been a wholesale selling of our city to the highest bidder. The only thing that our leadership’s compromises have yielded is a compromised San Francisco.

Compromise gave corporations millions of dollars in tax breaks and it has forced nonprofits and small businesses out of our neighborhoods. Compromise has not resulted in any substantive action to curb Ellis Act evictions, instead serving to green light the building of luxury condo towers throughout the city. Compromise has allowed queer youth shelters and our parks to be closed to the people who need them as a last resort, as our bus stops have been opened up to billionaires for little more than pennies.

Chiu’s compromises have cost this city dearly. His compromise with developers on Parkmerced will lead to the demolition of 1,500 units of rent-controlled housing. His compromise on Healthy San Francisco allowed restaurant owners to continue to defraud consumers and to pocket money that should have gone to health care for their employees. His compromise on Muni killed a much-needed ballot initiative that would have resulted in an additional $40 million for the agency — a ballot initiative that he originally co-authored.

Please forgive me if I am fed up with compromise and am demanding actual leadership from my representatives.

Now is the time to stand with people of color, with members of the LGBTQ community, with our youth and elders, with artists and with small businesses, all of whom are being forced out of our city.

Thankfully, we have another choice. Sup. David Campos has shown that real change comes not from compromising your values but standing up for your principles. His legislative accomplishments include providing free Muni for low-income youth, protecting women’s right to choose at the Planned Parenthood Clinic, and preventing teacher layoffs at our public schools.

Campos has demonstrated that he, not Chiu, is the right choice to follow Tom Ammiano’s footsteps to Sacramento. Ammiano, who had 13 of his 13 bills signed into law this past year, is the perfect example of the success that can come from leading with your principles and not compromising your integrity.

San Francisco needs a leader representing us in the capital. Successful victories in reforming the Ellis Act and closing the Prop. 13 tax loophole will take a leader who can stand up to landlords and corporations, not a compromiser who will sit down at the table in a backroom with them.

That is why I will give my all to make sure that David Campos is our next representative in Sacramento. Pardon me if I refuse to compromise.

Tom Temprano is president of the Harvey Milk LGBT Democratic Club.

Residents vs. tourists

Michael Redmond
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64

steve@sfbg.com

Evictions and displacement have become San Francisco’s top political issues, amplified by protests against tech companies that are helping gentrify the city. Yet Airbnb, which facilitates the conversion of hundreds of San Francisco apartments into de facto hotel rooms, has so far avoided that populist wrath.

Tenants use the online, short-term rentals to help make rent in this increasingly expensive city, a point that the company often emphasizes.

“For thousands of families, Airbnb makes San Francisco more affordable,” Airbnb spokesperson Nick Papas wrote to the Guardian by email, citing a company survey finding that “56 percent of hosts use their Airbnb income to help pay their mortgage or rent.”

But it’s also true that Airbnb allows hundreds of rent-controlled apartments to be removed from the permanent housing market — in violation of local tenant, zoning, tax, and other laws — something that has united tenant, landlord, hotel, and labor groups against it (see “Into thin air,” 8/6/13).

“The problem is Airbnb is so easy and attractive that you can take a unit out from under rent control forever,” San Francisco tenant attorney Joseph Tobener told the Guardian.

“We’re getting 15 calls a week on Airbnb,” he said, describing four categories of complaints: landlords evicting tenants to increase rents through Airbnb, tenants complaining about neighbors using Airbnb, tenants being evicted for getting caught illegally subletting through Airbnb, and Airbnb hosts who can’t get guests to leave (city law gives even short-term residents full tenant rights, except in hotels).

There isn’t good public data on how many units are being taken off the market, but Airbnb generally lists well over 1,000 housing units in San Francisco at any given time, with its smaller competitors (such as Roomorama and VRBO) adding hundreds more.

The San Francisco Rent Board listed 326 no-fault evictions (Ellis Act, owner move-in, capital improvement) in its 2012-13 annual report. That number is almost certain to rise in the 2013-14 report due out in March, and it is compounded by an unknown number of buyouts that pressure tenants to voluntarily leave, all of it creating a displacement crisis that has galvanized the city.

“Isn’t it far more likely that more units are being lost [from the rental market] through Airbnb?” San Francisco Magazine recently quoted a UC Berkeley professor as saying in an article questioning whether Ellis Act evictions are really a “crisis.”

So Airbnb is clearly having a big impact on the city’s affordable housing crisis. Yet Airbnb is largely flying under the political radar in its hometown and ducking questions about its impacts.

“Airbnb has all the statistics we need to assess its impacts on the city’s housing market,” Tobener said. The company refuses to disclose such data. Airbnb’s customers need to consider their impacts to the city’s affordable housing crisis, Tobener added, because “there are social consequences to the decisions we make.”

 

STALLED IN LIMBO

Last year I discovered Airbnb was flouting a ruling that it should be paying the city’s 15 percent transient occupancy tax (“Airbnb isn’t sharing,” 3/19/13), a nearly $2 million per year tax dodge.

Yet Airbnb, which has quickly grown from a small start-up into a company worth nearly $3 billion, has some powerful friends in Mayor Ed Lee and venture capitalist Ron Conway, who invests in both Airbnb and Mayor Lee’s political campaigns and committees.

So the company has stonewalled Guardian inquiries for the last year as it has worked with Board of Supervisors President David Chiu on legislation that tries to bring the company’s business model into compliance with local laws. That hasn’t been easy, as Chiu told us.

“It has been difficult to corral the different stakeholders to get on the same page,” Chiu said. “Airbnb has been like unraveling an onion. The more progress we make, the more issues come up.”

Janan New, executive director of the San Francisco Apartment Association, says it shouldn’t be so hard. “They need to enforce the law. They need to collect the hotel tax. They don’t need new laws,” she told us.

While the city is unlikely to simply follow New’s advice, the displacement issue adds another layer to Airbnb’s onion, one that sources say has become an issue of growing concern within the company, which has finally begun to respond to Guardian inquiries.

Those concerns have also been compounded as Airbnb is now being sued by one of Tobener’s clients, Chris Butler, who says he was evicted from his rent-controlled Russian Hill apartment so the landlord could make more money through Airbnb (see “Airbnb profits prompted SF eviction, ex-tenant says,” SF Chronicle, 1/22/14).

“We strongly support rules that keep people in their homes, and the vast majority of Airbnb hosts are regular people just trying to make ends meet,” Airbnb told the Guardian. “Whatever happened in this case, we certainly do not support unscrupulous landlords who evict long term tenants solely to turn their apartments into short-term rentals, but it is important to note that experts have found such cases to be extremely rare.”

Airbnb didn’t respond to our follow-up questions, but those “expert” findings appear to be a reference to a study the company commissioned late last year from Berkeley-based Rosen Consulting Group entitled “Short-Term Rentals and Impact on Apartment Market.”

But that study of Airbnb’s impact to rental housing in San Francisco doesn’t really draw the conclusions that company seems to think and hope it does.

 

MISLEADING NUMBERS

One number that the study and Airbnb have repeatedly sought to highlight is the claim that “90 percent of Airbnb hosts in San Francisco use Airbnb to occasionally rent out only the home in which they live,” as the company put it to us.

“Airbnb users generally do not identify themselves as utilizing short-term rentals as a business. In fact, 90 percent of Airbnb hosts [in San Francisco] indicated that they live in the home listed on Airbnb,” was how the study put it.

“It’s trash. They pick and choose the data they want to share,” Tobener said of the study and the 90 percent figure, which he says was derived from a 2011 user survey before the local housing market exploded. Rosner Consulting told us it stands by the study but won’t discuss it.

The figure also lumped in those with multiple rooms in their homes that have traditionally been rented by local residents and covered by rent-control laws. It also discloses that 10 percent of Airbnb hosts are renting out outside units simply as a business, a figure that has likely risen over the last three years.

The study does disclose that there were 1,576 properties booked through the company in August 2012, which the study notes was just 0.4 percent of the 378,000 homes in San Francisco, which Airbnb uses to dismiss its impacts on the market.

But the study includes only macroeconomic data, rather than looking at the company’s impact on certain socioeconomic groups — such as those making 120 percent or less of median area income, the people being evicted from and priced out of the city — or the supply of rent-controlled housing.

“The average gross income per Airbnb property in the previous 12 months was $6,722, or an average of $564 per month,” the study discloses, choosing to use average rather than median figures even though they’re considered less accurate gauges of income and housing data.

Customers who only use Airbnb once or twice will skew those averages way down. Yet the study then compares that number to the “average market-rate apartment rent in San Francisco, which was $2,498 per month in mid-2013. The average income generated is insufficient to cover monthly rental expenses in full.”

Which tells us nothing about how Airbnb is impacting either rent-controlled housing or the median income San Franciscans who rely on it. According to the US Census Bureau, the median rent in San Francisco was $1,463 in 2012 and 64 percent of San Franciscans rent their homes.

“The study is bullshit,” Tobener said. “They could pull data and tell us how many people are renting full units on Airbnb, but they don’t.”

Yet the company claims that it is concerned about these issues and working with the city.

“We believe our community of hosts should pay applicable taxes and we are eager to discuss how this might be made possible. We’ve reached out to officials in San Francisco and we continue to have productive discussions with city leaders,” Airbnb told the Guardian. “These issues aren’t always easy, but if we work together, we can craft fair, responsible, clear rules that ensure San Francisco continues to benefit from home-sharing.”

Yet neither Airbnb nor its political supporters seem to want to have this public discussion. The company has stopped responding to our inquiries, again, and when we asked the Mayor’s Office about Airbnb’s impacts to the affordable housing market, we got this response and a refusal to directly answer either the original or follow-up questions: “The Mayor has prioritized preserving, stabilizing and growing the City’s housing stock. His policy priorities include protecting residents from eviction and displacement, including Ellis Act reform and stabilizing and protecting at-risk rent-controlled units, through rehabilitation loans and a new program to permanently stabilize rent conditions in at-risk units.”

Yet Airbnb continues to have an impact on those “at-risk rent-controlled units” that few people seem to want to discuss.

Local journalists starting to catch onto Airbnb’s subversion of SF’s rental market

Sasha Cuttler
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45
Local journalists starting to catch onto Airbnb’s subversion of SF’s rental market

Airbnb and other so-called “shared housing” sites allow hundreds of rent-controlled apartments in San Francisco to be essentially removed from the housing market, part of a concern that has caught populist fire recently with protesters and politicians pledging to do something about evictions and displacement.

Yet I’ve been one of the few local journalists to hound Airbnb over its illegal business model and refusal to pay nearly $2 million per year in transient occupancy taxes that it owes the city. But that may be beginning to change, as pair of mainstream local publications in the last week have cautiously waded into what outside journalists from Time magazine (which specifically mentioned my reporting on the issue) to German public television have already seen as a big and important issue.

The San Francisco Chronicle today has a story about a lawsuit from a tenant subjected to an owner-move-in eviction, with said owners then turning around to rent units in the building out through Airbnb. And San Francisco Magazine also mentioned Airbnb in its controversial article criticizing concerns over evictions.

“Isn’t it far more likely that more units are being lost [from the rental market] through Airbnb?” the magazine quoted a UC Berkeley professor as saying, comparing Airbnb to Ellis Act evictions. Hey, SF Mag, don’t you think that’s a good question that might be worth exploring?

Janan New, executive director of the San Francisco Apartment Association, told me this week that she found 1,100 rent-controlled San Francisco apartments listed on Airbnb — almost all of it in violation of local tenant and zoning laws — a fact that she personally conveyed to Mayor Ed Lee, who supports Airbnb, shares a funding source with the company (venture capitalist Ron Conway), and has been dismissive of the issue.

“They need to enforce the law like they do in New York City,” New told us, referring to a city that has cracked down on Airbnb’s subversion of its rent control laws. She’s lobbied City Hall, documented the problem, and threatened to sue the city: “I’ve done everything I can possibly think of.”

Meanwhile, Board of Supervisors President David Chiu has been negotiating with Airbnb for almost a year on legislation that would attempt to legalize and regulate its activities here in San Francisco, telling us “it has been difficult to corral the different stakeholders to get on the same page” and no longer offering any predictions when it might be complete.

I was already working on a story about Airbnb (which still won’t respond to my inquiries) for our next issue [UPDATE: It looks like I’ll hold that story for our Feb. 5 issue], so I’ll have more to say about this then. And in the meantime, here’s my latest message to the Mayor’s Office of Communications trying to get some kind of response to this issue, which it has ignored for the last 24 hours:

“I’m about to write about the rampant illegal behavior by Airbnb customers again, which seems increasingly relevant to the “affordability agenda” that Mayor Lee is touting, so I wanted to check in to see whether the mayor is still offering his unqualified support to this company, despite its violations of local housing, zoning, and planning laws and refusal to collect and pay the transient occupancy tax.

“Janan New with the SF Apartment Association says she’s raised this directly with Mayor Lee, including informing him recently that more than 1,100 rent-controlled apartments in San Francisco are listed on Airbnb, all in violation of local law, and she’s frustrated that he’s unwilling to enforce the law, as New York City has been doing. Meanwhile, the Airbnb legislation that David Chiu has been working on for the last year is hopelessly stalled, at least partly because Airbnb has the mayor’s support and is unwilling to compromise while it’s making some much profits off of its illegal behavior in San Francisco.   

“A recent San Francisco Magazine article (http://www.modernluxury.com/san-francisco/story/the-eviction-crisis-wasnt) even quotes a UC Berkeley professor saying that Airbnb is likely taking more rent-controlled units off the market than the Ellis Act. Considering the mayor is pursuing Ellis Act reform, why does he continue to ignore the impact that Airbnb is having on the city?”

 

 

 

 

 

 

 

 

Preserve existing rental housing

Michael Redmond
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8

San Francisco’s housing affordability crisis has become the main threat to the livability of the city for hundreds of thousands of residents. One glimmer of hope came last month, as the Board of Supervisors reformed decades-old laws that permit, and often encourage, the loss of affordable rental units.

When San Francisco adopted its zoning laws in the 1960s, it assigned a zoning district to every parcel in the city. Each zoning district set a maximum number of dwelling units allowed per parcel. These density limits effectively forbade adding units to existing buildings across most of the city, and deemed approximately 51,000 dwelling units “nonconforming.”

Nonconforming units are allowed to remain for the lifetime of the building, but could not be enlarged or improved. The controls on merging dwelling units actually encouraged the loss of units if the units were nonconforming or denser than the neighboring buildings. The planners’ intent was that nonconforming units would be eliminated over time, as buildings are remodeled or rebuilt.

The 2009 General Plan Housing Element moved in a different direction, calling for preservation of dwelling units, especially affordable and rent-controlled housing, and favoring in-kind replacement of affordable units lost to conversion, demolition, and merger. Two ordinances, sponsored by Sup. John Avalos and based on proposals from Livable City, have now brought the Planning Code in line with the Housing Element policies.

One ordinance amended the controls on residential demolition, conversion, and merger to reflect the Housing Element goals. It strengthens requirements that lost units be replaced with similarly affordable units, and restricts mergers in buildings with a recent history of Ellis Act or owner-move-in evictions. It also clarifies the legal status of dwelling units where the permit records are ambiguous, making them legal unless there is conclusive evidence that the units are illegal. This will improve housing security for thousands of San Franciscans who dwell in older, rent-controlled buildings that are denser than the Planning Code currently allows.

A second ordinance permits the improvement and expansion of nonconforming units that exceed current density limits, so long as they remain within the existing building envelope. This allows owners to enlarge units by converting space in existing buildings to dwelling space. To protect tenants from speculative evictions, improvement and expansion are not permitted in buildings with a recent history of Ellis and owner move-in evictions.

In addition, Sup. David Chiu introduced legislation in November to permit legalization of thousands of existing rent-controlled units that were built without planning permission. This ordinance will protect these rent-controlled units from conversion and merger, and allow them to be brought up to building and housing code.

Bolder measures will be needed to make San Francisco an affordable city for all, but preserving more of our affordable housing moves us in the right direction.

Tom Radulovich is the executive director of Livable City.

SF Board of Supervisors approves new tenant protections

Sasha Cuttler
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11

The Board of Supervisors today (Tues/17) gave unanimous final approval to legislation aimed at giving renters in the city additional protections against being displaced by real estate speculators, and initial approval to legislation protecting tenants from harassment by landlords, both part of a wave of reforms moving through City Hall to address rising populist concerns about gentrification and evictions.

The anti-eviction legislation, created by Sup. John Avalos and co-sponsored by Sups. Eric Mar and David Campos, seeks to preserve rent-controlled and affordable housing by restricting property-owners’ abilities to demolish, merge, and convert housing units, three of the most common ways that affordable housing units are being eliminated in the city.

There was no discussion of the Avalos legislation today as it was approved on second reading, belying last week’s initial discussion, which got a little heated at times. “San Francisco is facing a crisis,” Avalos said last week as he conveyed the importance of passing the ordinance before the end of the year. “We’ve been called on by our constituents to declare a state of emergency for renters in the city.”

Last month, Campos held a high-profile hearing at the board on the city’s affordable housing and eviction crisis, and won approval for his legislation to double how much tenants being evicted under the Ellis Act receive. Today’s board meeting also includes a first reading of legislation by Campos to help protect tenants in rent-controlled apartments from being harassed by landlords seeking to force them out and increasing rents.

“We have heard about tenants being locked out of their apartments. We have heard about loud construction work being done…for the purpose of forcing the tenants out,” Campos said today of his legislation to allow targetted tenants to have complaints heard by the Rent Board rather than having to file a lawsuit. Later, Campos said the legislation sends the message “that is not something that is going to be tolerated in San Francisco.”

Campos’ legislation also received unanimous approval and little discussion, even by supervisors who generally side with landlords over tenants, perhaps including just more potent this issue has become. Board President David Chiu also today introduced a resolution to support his work with Mayor Ed Lee and Sen. Mark Leno to amend the Ellis Act at the state level, hoping to give the city more control over its rent-controlled housing. 

Avalos last week said he is so convinced of the urgency of the current situation that he responded to concerns voiced during the Land Use and Economic Development Committee Meeting on Dec. 9 about how the new legislation would work in the cases of temporary evictions and residential hotels by immediately making amendments to the ordinance without objection.

Nonetheless, further questions arose during the Dec. 10 meeting. Sups. Norman Yee and Katy Tang expressed reservations about the legislation applying in the case of owner move-in (OMI) evictions.

“I would love to support the piece, but this part just doesn’t make sense to me,” Yee concluded. “I’m not getting how it hurts the tenants.”

While Avalos explained that OMI evictions still take affordable housing off the market, he agreed to compromise by reducing the ordinance’s 10-year moratorium on demolishing, merging and converting housing units to five years.

Then, Sup. London Breed spoke up.

“This might not be popular for me to say as a legislator, but I’m very confused,” she began. “I know we have this crisis of Ellis Acts around the city, but I really feel pressured, and that this legislation is being rushed. I can’t support something that I don’t completely understand the impacts of. I just need more time.”

While Breed did not have the chance to review the legislation before the meeting, she had found the time to prepare speeches about President Nelson Mandela’s passing last week and her alma mater Galileo High School’s recent football victory.

Concurring with Breed, Cohen stated, “I understand that we are in a crisis of protecting our rental stock units, but I’m hesitant. Connect the dots for me, how does this save rentals? Or conserve affordable housing? What are we trying to do here?”

Kim reprimanded her fellow board members for not attending the meeting prepared, then stated, “I would support moving the ordinance forward today. The situation we are facing here in the city is extremely challenging…and this legislation is one of the tools we have for it.”

Sup. Scott Wiener and David Chiu echoed Kim’s support, commending Avalos for promptly addressing their former issues with his amendments and additions.

When Cohen used her time on the floor to respond to Kim’s admonition by stating, “I certainly do my homework. I don’t want to be made to feel bad for not getting it on the first time,” Campos suggested that it might be a good time to put the discussion on hold and open the floor for public comments.

While members of the community stepped up to the visitors’ podium, Yee and Campos met at the back of the room while Breed conversed with Sophie Hayward of the Planning Department, who had reviewed the ordinance before it was presented for recommendations. After further discussion with Avalos himself, Yee returned to his seat to speak with Tang. Satisfied with what she learned from Hayward, Breed came over to discuss the ordinance with Campos and Avalos. Cohen remained seated for the duration of the time, speaking with no one.

After the conclusion of public comments, Avalos reiterated the importance of passing the ordinance as soon as possible. “We have been called on by scores, hundreds of people, to preserve this stock,” he stated. “This legislation will help keep families in San Francisco.”

The ordinance was passed unanimously in its first reading, but the fight is not over. Breed for one made it clear that, while she understood the ordinance better after her preceding discussions, she was only giving it her support because she knew the legislation would be up for further review in a week, when all the supervisors will have had time to study it more closely.

With the affordable housing and displacement issues only generating more heat in the last week, today there was only prompt, unanimous approval and no discussion. 

Serial evictors named in mapping project

Sasha Cuttler And Mary Magee
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65

The San Francisco Anti-Eviction Mapping Project – the same tenant advocates who produced this time-lapse of Ellis Act evictions – have published a new interactive data visualization, displaying locations of properties where seniors and disabled tenants were ousted by no fault of their own.

Showing data over the last three years, the map plots locations of where tenants were evicted under the Ellis Act, and displays the identities of the responsible landlords for each affected unit.

“Waiting lists for public senior housing take years. Often senior and/or disabled tenants are forced to leave San Francisco altogether, or end up on the street homeless,” Anti-Eviction Mapping Project organizers wrote in a statement accompanying the interactive map. “If dispossessed from the city, they often lose access to vital city-subsidized healthcare and community support that they had been reliant upon.”

At today’s (Tue/26) Board of Supervisor’s Meeting, legislation seeking to assist seniors affected by Ellis Act evictions won preliminary approval by the full board. Called the Ellis Act Displaced Emergency Assistance Ordinance, it prioritizes evicted seniors when they seek to access affordable housing programs administered by the city.

“We need this measure to keep residents who have no other means of permanent housing from becoming homeless,” said Board President David Chiu, who cosponsored the legislation along with Sups. David Campos, Jane Kim, Eric Mar and London Breed.

The Anti-Eviction Mapping Project also released a time-lapse plotting the total number of no-fault evictions from 1997 to 2013. A counter that starts when you hit the play button breaks down the number of units where evictions were carried out under the Ellis Act, via owner move-in evictions, and through demolition.

The grand total for that timeframe is 11,766 no-fault evictions. That’s counting units, not individual tenants. Owner move-in evictions made up the lion’s share, with 6,952 units affected. Watch the visualization here.

Meanwhile, tenant advocates who are developing these data-driven presentations are also conducting a survey to gather information for another mapping project in the works.

Filipino group snubs mayor over evictions

Michael Redmond
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4

The board members of a local Filipino heritage organization, with ties to a high-profile eviction defense battle at San Francisco’s International Hotel in the late 1970s, have declined to an accept an award that San Francisco Mayor Ed Lee had planned to extend to them as part of a Filipino American History celebration because they are angry about a growing trend of senior evictions.

In a written statement sent to the media by board member Tony Robles, the Manilatown Heritage Foundation explained that it couldn’t accept the award as long as “elders are being preyed upon, evicted and given a de facto death sentence thereof.”

The Manilatown Heritage Foundation board members were informed by Board of Supervisors President David Chiu that Lee had planned to recognize the I-Hotel as part of an annual cultural history celebration at City Hall, the statement noted.

“Part of the occasion was to honor the I-Hotel and its many tenants and activists for its contribution to Filipino American history,” board members explained.

In 1976, the I-Hotel was targeted for demolition, prompting a historic eviction defense battle led by housing activists who rallied to the defense of the impacted tenants. As a young attorney who worked with the Asian Law Caucus, Ed Lee was involved in that fight — as an activist defending tenants’ rights to stay. He frequently referred to this chapter of his personal history while running for mayor in 2011, to demonstrate his sensitivity to concerns about affordable housing.

But now that Lee is well into his mayoral term, a surge of evictions of low-income seniors is worsening on his watch. Tenant defense organizations such as Eviction Free San Francisco are showing up outside landlords’ homes and offices to protest eviction notices that threaten to push low-income seniors with few options out of the city.

“The I-Hotel fight was for dignity and it lived by the premise that housing is a human right,” the group’s statement explained. “The fight for the I-Hotel galvanized the community around the fight for affordable housing, particularly for seniors who sacrificed much and on whose shoulders we stand. The fight included tenants, elders, activists, artists and students who recognized that the real estate developers and financial interests were out of control—power unchecked.” 

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