Ellis Act

Artists say vote for Campos

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By Sara Jean Yaste



OPINION David Campos stands up for the underdogs. And in this current state of capitalism U$A, we the people need to give power only to leaders who won’t abuse it for personal profit. Foucault once said "society must be defended." Campos defends that society, and was granted a valid power from the people of San Francisco, based on actually helping us and being trusted, not just being a political yes person, like so many other modern politicians seem to be. Most politicians are all too eager to grant favors in exchange for shiny objects.

As some of you may or may now know, Campos is running for the 17th State Assembly District seat, which would enable him to create legislation at the state level. Campos shows that he is a man of the people by creating legislation that increases payouts for folks unjustly displaced by Ellis Act evictions, as well as giving displaced residents priority for affordable housing units as they become available. He champions the underdogs of the art scene by supporting legislation that enables emerging promoters to continue operating, without having to purchase $1 million insurance policies that are currently required of larger concert promoters. Basically, Campos is on the side of ensuring good times may still be had in SF, and that we don’t fall into the culturally disadvantaged realms of whitebread blandness that strangled vitality in suburbia for decades.

Campos is running against Divide Chiu for this seat. Seemingly, both candidates uphold progressive ideals, but in today’s tepid political waters, trying to stay informed often feels more like watching a bloated puppet show with talking heads, rather than participating in a genuine process of civic engagement. The solution? In my humble opinion, in order to really separate the fakers from the real, one must follow the money. Case in point, Campos proves his integrity and commitment to everyday people from all walks of life, in his refusal to accept cash from the financial industry (read: banks). He also has accepted only $82,000 from locally based real estate developers, who have committed to building affordable housing as well as market-rate housing (ex: the old Mission Theater project). Chiu, on the other hand, shows his true colors (they always say "money talks" right??) by accepting $34,000 from the finance industry, and $143,000 from out-of-state real estate developers.

Chiu promotes himself as being someone who can "get things done" in office. But that’s a pandering tired cliché at this point and it’s offensive that someone would insult our intelligence by using such tired rhetoric as a means to gain our trust and confidence. Yet Campos’ background alone (he was an undocumented immigrant from Guatemala’s civil war, who arrived speaking no English as a child, then later went on to graduate from Stanford University and later Harvard Law), shows that he is a true underdog who overcame adversity and has the capacity, resolve, and integrity to continue fighting on our behalf (yes, this writer identifies as a non-commodified emerging artist, aka underdog).

Campos represents those who actually pulling themselves up by their boot straps, as the saying goes, in reality. He demonstrates strength of character and values in not accepting funds from shady interests (unlike Chiu) and continues to help the people who truly need it, those who are unjustly displaced and in desperate need of housing in the community that is their long-term home. He supports emerging artists by being in touch with our needs, and crafting legislation that enables us to stay in our homes, and helps the current law become more just (because let’s face it, justice is always ahead of the law; for example, see: slavery being sanctioned in colonial U$A and marriage discrimination in California by Proposition 8).

From one concerned and civilly engaged resident of San Francisco to the next, I urge you to vote for David Campos in the upcoming primary on June 3.

Sara Jean Yaste is a writer, musician, and creative social interventionist living and breathing in San Francisco. Her band, Future Twin, performs May 31 from 3-6pm at a Happy Hour for David Campos at DNA Lounge.

Chiu for Assembly

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OPINION

San Francisco is at a crossroads. While some residents benefit from prosperity, an affordable housing crisis coupled with income inequality make this a time of struggle for other San Franciscans.

Our inclusive, diverse culture that has historically made San Francisco a haven for artists, immigrants, and innovators is at stake. Given this, effective progressive leadership is critical to ensuring that our city remains a place where all San Franciscans can afford to live and prosper. That’s why I urge you to vote for my friend, President of the Board of Supervisors David Chiu, to represent San Francisco in the California State Assembly.

As president, David has demonstrated an inclusive, unifying leadership style that has had a transformative impact at City Hall. He really listens to everyone, and brings people together to address our city’s most critical challenges. He combines rock solid progressive values with a fervent drive to do more than talk — to actually get the big stuff done.

The proof is in the pudding: he’s passed more pieces of legislation than any other current supervisor in every major policy arena, and his colleagues have elected him president three times.

David has delivered consistently on our city’s most critical issue: affordable housing. A tenant in San Francisco himself for the past 18 years, David has fought to protect and expand affordable housing across the city, leading efforts to build more housing for homeless veterans, transitional age youth, and seniors.

He supported rebuilding dilapidated public housing projects that have been in total disrepair. He has supported the strengthening of habitability standards in housing across the board. He led the charge to create a 10-year moratorium on condo conversions and to prioritize victims of Ellis Act evictions for our city’s affordable housing opportunities.

After multiple failed attempts by supervisors over two decades, he passed legislation to finally legalize in-law units, preserving one of our city’s largest existing stocks of affordable housing. David will continue to work to stem San Francisco’s affordable housing crisis in the Assembly, including pushing hard to reform the Ellis Act.

David has been a leader on a host of other important issues. An avid biker who doesn’t own a car, David has spearheaded groundbreaking environmental legislation, banning the sale of plastic water bottles on city property, expanding urban agriculture, and prohibiting the delivery of unwanted Yellow Pages. He’s increased funding for community arts, an issue close to my heart as an artist. He has championed language access for our city’s immigrants, and fought for the reunification of LGBT immigrant families.

Under his leadership, San Francisco is the first city in the country to establish the right to civil counsel for low-income residents being denied basic human rights such as housing, as well as to give workers the right to request flexible and predictable working arrangements to take care of their families. He passed progressive business tax reform that will bring $300 million of new revenues over the next decade.

When it comes down to it, we have two Assembly candidates, David Chiu and David Campos, who share the strongly held progressive values of the Guardian’s readers. I am a longtime supporter of the Guardian and have valued its endorsement in my previous races. The difference lies in style and effectiveness.

I know how urgently San Francisco needs a leader in the Assembly who can bring people together to get significant things done. The challenges and opportunities our city faces demand it. I know David Chiu can do this because he has done it, over and over again, in five and a half remarkably effective years of progressive leadership on the Board of Supervisors.

Please join me in supporting David Chiu for State Assembly.

Debra Walker is an artist who serves on the Building Inspection Commission, recently reappointed to that seat by David Chiu.

Lawsuits target Airbnb rentals

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LAWSUITS TARGET AIRBNB RENTALS

The San Francisco City Attorney’s Office last week filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere (see “Into thin air,” 6/6/13).

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and other tenant protection, removing units from the permanent housing market while still renting them out at a profit.

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market. “The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.” (Steven T. Jones)

 

SF LOOKS TO MARIN FOR RENEWABLES

Just in time for Earth Day, a renewed effort to reduce the city’s carbon emissions was introduced at the April 22 Board of Supervisors yesterday. Sup. John Avalos introduced a resolution calling for a study of San Francisco joining Marin Clean Energy, which provides renewable energy to that county’s residents.

The move is seen largely as an effort to circumvent Mayor Ed Lee’s opposition to implementing a controversial renewable energy plan called CleanPowerSF (see “Revisionist future,” April 15).

“Mayor Lee and the Public Utilities Commission objected to CleanPowerSF, but they have offered no other solution to provide San Franciscans with 100 percent renewable electricity,” Avalos said in a public statement. “With this ordinance, we can either join Marin or we can implement our own program, but we can no longer afford to do nothing.”

The resolution is the latest effort in the long saga to implement CleanPowerSF, San Francisco’s proposed renewable energy alternative to PG&E, whose current energy mix is only 19 percent renewable. Much of PG&E’s current mix is dirty and directly contributes to half of San Francisco’s carbon footprint, according to the city’s own recent Climate Action Strategy.

Joining Marin under a Joint Powers Authority would provide a vehicle for San Francisco to enact CleanPowerSF’s goals, long blocked by the mayor. San Francisco’s renewable energy effort may have lingered in legal limbo for years, but Marin made the switch to renewables in 2010.

“It’s something people want, and it also reduces greenhouse gas emissions,” Marin Clean Energy Executive Officer Dawn Weisz told the Guardian. Much of Northern California, she noted, has little choice but to use PG&E for their electricity.

“The people never chose to have a monopoly in place,” she said. “People like having choices.” (Joe Fitzgerald Rodriguez)

BEACH FIRES CONTAINED

The National Parks Service is once again moving to limit and maybe even ban fires on Ocean Beach, replaying an episode from 2007 that was temporarily solved by volunteers and artistic new fire rings placed by the group Burners Without Borders, despite a lack of follow-through by NPS’s Golden Gate National Recreation Area.

Citing complaints about burning toxic materials, leaving messes, and people drinking on the beach (gasp!), the GGNRA this week announced a summer pilot program that would include moving the curfew up from 10pm to 9pm, installing a dozen new fire rings, and improved public outreach and monitoring of the conditions on the beach.

“We [have] over the years seen a rising problem over safety and general breaking of park rules like broken bottles. And with incidents of assault and underage drinking, mostly occurring during the night, GGNRA Area Director Howard Levitt told the Guardian.

But Tom Price, who helped create the 2007 compromise, said GGNRA never kept its end of the bargain — such as installing more rings to supplement the half-dozen created by artists, or creating visible signage so visitors would know what the rules area — and now it’s acting in a rapid, unilateral, and unreasonable way to ban beach fires.

“They never did the outreach or education or put out more fire rings,” Price said, urging people to let GGNRA know they support allowing fires on Ocean Beach, one of just two spots within GGNRA jurisdiction where they’re allowed (Muir Beach is the other). “The Parks Service has to be reasonable, and banning fires after 9pm in not reasonable.” (Steven T. Jones and Bryan Augustus)

TAX WEALTH, PIKETTY SAYS

French economist Thomas Piketty got a warm welcome in San Francisco last week when nearly 200 people turned out to hear him discuss what is fast-becoming the defining book of this new Gilded Era of escalating disparities in wealth: Capital in the 21st Century.

“The book has been so popular that Harvard University Press has run out,” The Green Arcade owner Patrick Marks said in introducing Piketty at a the April 22 event held across Market Street from the bookstore, in the McRoskey Mattress Company, in order to accommodate the large crowd.

Indeed, Capital has recently been lauded by a string of influential publications, ranging from The Nation through The New York Times to the Wall Street Journal, all acknowledging this as perhaps the most exhaustive study on wealth data ever collected — and a clear-eyed warning that capitalism isn’t the self-correcting system that its biggest boosters claim it is.

Piketty’s work shows how when the return on capital is greater than the annual growth rate of the overall economy, which is usually the case (except when interrupted temporarily by the major wars of the 20th Century, or the 90 percent tax rate on the highest US incomes after World War II), that dynamic consolidates wealth in ever-fewer hands, which is bad for the health of the economic system. The only real cure, Piketty concludes, is a progressive global tax on wealth. Yet Piketty tries to avoid being too prescriptive, choosing to let his research speak for itself. “All I’m trying to do is present this book so everyone can make up his own mind,” Piketty told the gathering. In fact, he thinks the cure he outlines at the end of his book is less important than what comes before it: “You can disagree with everything in Part IV and still find interest in Parts I, II, and III.” (Steven T. Jones)

Lawsuits go after SF landlords doing illegal short-term apartment rentals

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The San Francisco City Attorney’s Office today filed a pair of lawsuits against local landlords who illegally rent out apartments on a short-term basis, units that had been cleared of tenants using the Ellis Act. Meanwhile, the San Francisco Tenants Unions has hired attorney Joseph Tobener to file more such lawsuits, and he is preparing to file at least seven lawsuits involving 20 units.

The lawsuits are the latest actions in a fast-moving crackdown on Airbnb and other online companies that facilitate short-term apartment rentals that violate city laws against converting apartments into de facto hotel rooms, including VRBO.com and Homeaway.com.

Board of Supervisors President David Chiu recently introduced legalization that would legalize, limit, and regulate such rentals, a measure that will be considered this summer. That legislation comes on the heels of Airbnb’s decision to stop stonewalling the city (and us at the Guardian, which has been raising these issues for the last two years) by agreeing to start paying the transient occupancy taxes it owes to the city for its transactions and creating new terms of service that acknowledge its business model may violate local laws in San Francisco and elsewhere.

As we’ve reported, City Attorney Dennis Herrera has been working with tenant groups and others on a legal action aimed at curtailing the growing practice of landlords using online rental services to skirt rent control laws and othet tenant protection, removing units from the permanent housing market while still renting them out at a profit.   

“In the midst of a housing crisis of historic proportions, illegal short-term rental conversions of our scarce residential housing stock risks becoming a major contributing factor,” Herrera said in a public statement. “The cases I’ve filed today target two egregious offenders. These defendants didn’t just flout state and local law to conduct their illegal businesses, they evicted disabled tenants in order to do so. Today’s cases are the first among several housing-related matters under investigation by my office, and we intend to crack down hard on unlawful conduct that’s exacerbating—and in many cases profiting from—San Francisco’s alarming lack of affordable housing.”

The lawsuits allege violations of the city’s Planning and Administrative codes, as well as the state’s Unfair Competition Law, targetting 3073-3075 Clay Street, owned by defendants Darren and Valerie Lee; and 734 and 790 Bay Street, which is owned or managed by defendants Lev, Tamara and Tatyana Yurovsky (founder of SRT Consultants).

Guardian calls to both parties were not immediately returned, but we’ll update this post if and when we hear back. Tobener tells the Guardian that the San Francisco Tenants Union hired him to discourage local landlords from removing units from the market.

“The San Francisco Tenants Union is just fed up with the loss of affordable housing,” Tobener told us. “It’s not about the money, it’s about getting these units back on the market.”

The San Francisco Apartment Conversion Ordinance prescribes penalties of $1,000 per day for units rented out for less than 30 days. That now applies to buildings with four or more units, although Chiu’s legislation would lower that to buildings with two or more units while legalizing such rentals and requiring host to register with the city and live in the units for at least 275 days per year, meaning rentals would be limited to 90 days per year.

Tobener’s lawsuits list 210 violations in the 20 units it targets, seeking fines totaling $210,000. But he emphasized that money is not the issue: “The San Francisco Tenants Union doesn’t care about the penalties, they just want to put the message out that we’re going after landlords who do this and we want those units returned to the market.”

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)

 

Supervisors outfox landlords on eviction compensation measure UPDATED

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When the San Francisco Board of Supervisors gave final approval yesterday [Tues/15] to legislation that would substantially increase the payments landlords are required to give tenants they evict using the Ellis Act, the supervisors made a key change designed to counter a recent eviction push by landlords.

The legislation, approved on a 9-2 vote with Sups. Mark Farrell and Katy Tang opposed, increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivilent of two years rent for a comparable unit, which means tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District where they pay $909 per month would be entitled to $44,833 in relocation costs.

The legislation was originally scheduled to go into effect 120 days after passage in order to give city officials enough time to implement it. But after sponsoring Sup. David Campos heard that landlords were rushing to evict tenants before those fees went up, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. And after getting the greenlight, he amended  the measure yesterday to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He has 10 days to decide, and given that the legislation was approved by a veto-proof majority, the question is really whether the mayor will support stalling the inevitable, thus encouraging more evictions at lower levels of relocation assistance.

But Mayor Lee has publicly touted his concerns about the eviction epidemic and support for Sen. Mark Leno’s Ellis Act reform legislation, SB1439. So I’m sure Lee is warming up his pen and preparing to sign the measure as I write this, right? We’ve got a message into his office with that question and I’ll update this post when we hear back.

UPDATE 4/18: Christine Falvey, the mayor’s press secretary, just finally responded to our inquiry and said, “The Mayor is reviewing and considering this legislation. I will keep you updated.” Apparently, he doesn’t feel the same sense of urgency that supporters of the measure feel. 

UPDATE 5/6: Mayor Lee waited 10 days and then allowed the measure to become law without his signature. 

Stop the eviction of Benito Santiago

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OPINION

I attended a rally in support of eviction fighter Benito Santiago as he battles to keep his home of more than 30 years from the clutches of real estate investment company Vanguard Properties. Vanguard and its co-owner Michael Harrison, who also goes by the alias “Pineapple Boy LLC,” notified Benito of their intention of evicting him and two other tenants by invoking the state’s Ellis Act. We know the scenario — building gets sold, tenants get evicted, and the speculator/investor pimps ride off into the sunset, latte in hand, behind the wheel of a sports car (or utility vehicle).

But what about Benito?

Benito is a teacher with the San Francisco Unified School District. He is a senior with a disability resulting from a car accident more than a decade ago. Benito is a musician — a percussionist — and he teaches music to developmentally disabled children. Despite the effects of the car accident on his mobility, he has dedicated his life to sharing music with children who have benefitted greatly from his love and patience. He is an excellent teacher with a love for life and music is contagious.

Benito lives in his rent-controlled Duboce Triangle unit, but to investors and speculators, there is no room for him. To them, rent control is a cancer, a disease, a rape of the holy mother. Yet it is the evictions that have spread across the city — a 178 percent increase in Ellis Act evictions alone in the last three years — that are the true cancer.

It is not without irony that Benito moved into his unit in 1977, the same year of the eviction of elders of the I-Hotel on Kearny Street. As a Filipino, Benito remembers that event vividly, an event that garnered worldwide attention and support from wide segments of the community in San Francisco for the elder tenants who refused to leave the I-Hotel, the last building standing that was part of a Filipino neighborhood called Manilatown.

There was no room for Manilatown, no room for those brown elders walking around on property that had so much value. Manilatown was systematically removed by speculation and real estate interests. The I-Hotel eventually fell in 1977 with the forcible eviction of its elderly tenants, with baton-wielding police ramming though a human barricade of more than 3,000 supporters who chanted “We Won’t Move!”

The year Benito moved into his unit, 1977, was the year that the fight to rebuild the I-hotel began. After a 30-year struggle, it was finally rebuilt — 102 units of affordable senior housing. Many tenant protections arose from the ashes of the I-Hotel struggle. Another irony is that Mayor Ed Lee began his career defending the tenants of the I-Hotel.

Now, 37 years later, we see the desecration of the I-Hotel struggle by the same greedy speculators who do not care for the city. They have been the stewards — not of community, or sharing, or culture — but of eviction, misery, and even death to elders. They disrespect the I-hotel struggle and the elders of the community and the legacy of the I-Hotel. They are a blight to San Francisco.

Benito is fighting his eviction. He is refusing the buyout. The sound of resistance is the sound of Benito’s drum, which calls for all of us to rise in defense of our homes. Benito is a part of the Manilatown/I-Hotel Family, and we support his fight, along with Eviction Free SF, his lawyers at the Tenderloin Housing Clinic, and others in the community. The Manilatown Heritage Foundation/I-Hotel calls for an end to out of control evictions and reparations for elders who have been displaced through eviction via the Ellis Act.

What speculators have done is criminal, nothing less than elder abuse. Their presence is the true blight. Tony Robles works for Senior and Disability Action and is president of Manilatown Heritage Foundation, which will hold an event honoring eviction struggles April 25 in the I-Hotel Manilatown Center, 868 Kearny St.

Another Google bus blockade, this time targeting a Google employee

This morning (Fri/11) kicked off with yet another Google bus blockade in San Francisco’s Mission District, only this time housing activists said a Google employee is directly to blame for displacing residents. 

The blockade, which took place at 18th and Dolores streets, was short-lived but featured speeches by tenants facing eviction, as well as a giant cardboard cut-out depicting 812 Guerrero, a seven-unit building where tenants are facing eviction under the Ellis Act.

The property owner is Jack Halprin, a lawyer who is the head of eDiscovery, Enterprise for Google. He moved into one of the units after purchasing the building two years ago and served eviction notices on Feb. 26, according to tenant Claudia Triado, a third grade teacher at Fairmount Elementary in San Francisco who lives there with her two-year-old son.

The Bay Guardian left a voice message for Halprin requesting comment. We will update this post if he returns the call.

After the bus blockade, activists proceeded to 812 Guerrero and staged a short rally on the front steps.

Evan Wolkenstein, who teaches Jewish literature at the Jewish Community High School of the Bay, said he’s lived at 812 Guerrero for eight years. Other tenants facing eviction from the property include an artist and a disabled person, he added.

During the Google bus blockade, minutes before police officers arrived to clear a path for the bus by urging protesters onto the sidewalk, Wolkenstein gave a speech about the overall impact the tech sector is having on San Francisco.

This evening, Eviction Free San Francisco will continue its protest activities with a march to the homes of teachers who are facing eviction, beginning at 20th and Dolores streets at 5pm.

Leno’s Ellis Act reform bill clears first legislative hurdle

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Sen. Mark Leno’s Senate Bill 1439 — which would protect rent-controlled housing in San Francisco by amending the Ellis Act, including making property owners wait at least five years after buying a property to evict tenants under the act — cleared its first legislative hurdle today.

The Senate Transportation and Housing Committee passed the measure on a 6-4 vote, and it heads to the Senate Judiciary Committee next. The bill has strong support in San Francisco, from progressive constituencies through Mayor Ed Lee to support by leaders in the business community and tech world.

Yet the measure faces a tough road in Sacramento, where the landlord lobby and other conservative interests oppose it. “A bill that could strip San Francisco landlords of their freedom to leave the rental housing business heads to a key Senate committee next month,” the California Apartment Association wrote last month in an alert to its members.

But as Tenants Together demonstrated in a recent study of how the Ellis Act has been used in San Francisco since its passage in 1985, a legislative reaction to a California Supreme Court case upholding rent control laws, the legislation has larger been a tool used by real estate speculators to clear rent-controlled buildings of tenants. The study found that 51 percent of Ellis Act evictions took place within a year of the property being purchased, 68 percent within the first five years, and 30 percent of Ellis Act evictions were from serial evictors, often by businesses specializing in flipping properties for profit.

“California’s Ellis Act was specifically designed to allow legitimate landlords a way out of the rental business, but in San Francisco this state law is being abused by speculators who never intend to be landlords,” Leno said today in a prepared statement. “As a result, longtime tenants, many of them seniors, disabled people, and low-income families, are being uprooted from their homes and communities. The five-year holding period in my bill would prevent these devastating evictions from forever changing the face of our diverse city.” 

Privatization of public housing

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news@sfbg.com

Like so many San Franciscans, Sabrina Carter is getting evicted.

The mother of three says that if she loses her home in the Western Addition, she’ll have nowhere to go. It’s been a tough, four-year battle against her landlord — a St. Louis-based development company called McCormack Baron — and its law firm, Bornstein & Bornstein. That’s the same law firm that gained notoriety for holding an “eviction boot camp” last November to teach landlords how to do Ellis Act evictions and sweep tenants out of rent-controlled housing.

But Carter’s story isn’t your typical Ellis eviction. Plaza East, where she lives, is a public housing project. Public housing residents throughout the country are subject to the “one-strike and you’re out” rule. If residents get one strike — any misdemeanor or felony arrest — they get an eviction notice. In Carter’s case, her 16-year-old was arrested. He was cleared of all charges — but Carter says McCormack Baron still wouldn’t accept her rent payment and wouldn’t respond to her questions.

“I was never informed of my status,” she said.

That is, until her son was arrested again, and Carter found herself going up against Bornstein & Bornstein. She agreed to sign a document stipulating that her eviction would be called off unless her son entered Plaza East property (he did). It was that or homelessness, said Carter, who also has two younger sons.

“They criminalized my son so they could evict my family,” Carter said.

McCormack Baron and Bornstein & Bornstein both declined to comment.

On March 12, Carter and a band of supporters were singing as they ascended City Hall’s grand staircase to Mayor Ed Lee’s office.

“We’re asking the mayor to call this eviction off. Another black family cannot be forced out of this city,” Lisa “Tiny” Gray-Garcia, co-founder of Poor Magazine, said at the protest.

Nearly half of San Francisco’s public housing residents are African American, according to a 2009 census from the city’s African American Out-Migration Task Force. These public housing residents represent a significant portion of San Francisco’s remaining African American population, roughly 65 percent.

Carter’s eviction was postponed, but it raises an important question: Why is a public housing resident facing off with private real estate developers and lawyers in the first place?

 

PUBLIC HOUSING, PRIVATE INTERESTS

Plaza East is one of five San Francisco public housing properties that was privatized under HOPE VI, a federal program that administers grants to demolish and rebuild physically distressed public housing.

The modernized buildings often have fewer public housing units than the ones they replaced, with private developers becoming their managers. San Francisco’s take on HOPE VI, called HOPE SF, is demolishing, rebuilding, and privatizing eight public housing sites with a similar process.

US Department Housing and Urban Development is rolling out a new program to privatize public housing. The San Francisco Housing Authority is one of 340 housing projects in the nation to be chosen for the competitive program. The city is now starting to implement the Rental Assistance Demonstration program. When it’s done, 75 percent of the city’s public housing properties will be privatized.

Under RAD, developers will team up with nonprofits and architectural firms to take over managing public housing from the Housing Authority. RAD is a federal program meant to address a nationwide crisis in public housing funding. Locally, the effort to implement the program has been spurred by the Mayor’s Office of Housing and Community Development.

MOHCD Director Olson Lee has described RAD in a report as “a game-changer for San Francisco’s public-housing residents and for [Mayor] Lee’s re-envisioning plan for public housing.” Later, Lee told us, “We have 10,000 residents in these buildings and they deserve better housing. It’s putting nearly $200 million in repairs into these buildings, which the housing authority doesn’t have. They have $5 million a year to make repairs.”

Funding is sorely needed, and this won’t be enough to address problems like the perpetually broken elevators at the 13-story Clementina Towers senior housing high-rises or SFHA’s $270 million backlog in deferred maintenance costs.

But RAD is more than a new source of cash. It will “transform public housing properties into financially sustainable real estate assets,” as SFHA literature puts it.

RAD changes the type of funding that supports public housing. Nationally, federal dollars for public housing have been drying up since the late ’70s. But a different federal subsidy, the housing choice voucher program that includes Section 8 rent subsidies, has been better funded by Congress.

Under RAD, the majority of the city’s public housing will be sustained through these voucher funds. In the process, the Housing Authority will also hand over responsibility for managing, maintaining, and effectively owning public housing to teams of developers and nonprofits. Technically, the Housing Authority will still own the public housing. But it will transfer the property through 99-year ground leases to limited partnerships established by the developers.

The RAD plan comes on the heels of an era marked by turmoil and mismanagement at the Housing Authority. The agency’s last director, Henry Alvarez, was at the center of a scandal involving alleged racial discrimination. He was fired in April 2013.

In December 2012, HUD declared SFHA “troubled,” the lowest possible classification before being placed under federal receivership. A performance audit of the agency, first submitted in April 2013 by the city’s Budget and Legislative Analyst, determined that “SFHA is expecting to have no remaining cash to pay its bills sometime between May and July of 2013.”

Six of the seven members of the Housing Authority Commission were asked to resign in February 2013, and were replaced with mayoral appointees.

Joyce Armstrong is not a member of this commission, but she sits on the dais with them at meetings, and gives official statements and comments alongside the commissioners. Armstrong is the president of the citywide Public Housing Tenants Association, and she talked about RAD at a March 27 meeting, conveying tenants’ apprehension toward the expansion of private managers in public housing.

“Staff in HOPE VI developments are very condescending,” Armstrong said. “We’re not pleased. We’re being demeaned, beat up on, and talked to in a way I don’t feel is appropriate.”

 

NONPROFITIZATION

When RAD is implemented, it won’t just be development companies interacting with public housing residents. San Francisco’s approach to RAD is unique in that it will rely heavily on nonprofit involvement. Each “development team” that is taking over at public housing projects includes a nonprofit organization. Contracts haven’t been signed yet, but the Housing Authority has announced the teams they’re negotiating with.

“We call it the nonprofitization of public housing,” said Sara Shortt, executive director of the Housing Rights Committee.

The developers are a list of the usual players in San Francisco’s affordable housing market, including the John Stewart Company, Bridge Housing Corporation, and Tenderloin Neighborhood Development Corporation.

Community-based organizations that are involved include the Mission Economic Development Agency, the Japanese American Religious Federation, Ridgepoint Nonprofit Corporation, Glide Community Housing, Bernal Heights Housing Corporation, and the Chinatown Community Development Center.

On March 13, when the Housing Authority Commission announced who would be on these teams, the meeting was packed with concerned members of the public. Two overflow rooms were set up. One group with a strong turnout was SEIU Local 1021, which represents public housing staff.

Alysabeth Alexander, vice president of politics for SEIU 1021, said that 120 workers represented by the union could be laid off as management transfers to development teams, and 80 other unionized jobs are also on the line.

“They’re talking about eliminating 200 middle-class jobs,” Alexander said.

She also noted that SEIU 1021 wasn’t made aware of the possible layoffs — it only found out because of public records requests. (Another downside of privatization is that certain information may no longer be publicly accessible.)

“We’re concerned about these jobs,” Alexander said. “But we’re also concerned about the residents.”

 

RESIDENTS’ RIGHTS

HUD protects some residents’ rights in its 200-page RAD notice. These include the right to return for residents displaced by renovations and other key protections, but rights not covered in the document — some of which were secured under the current system only after lengthy campaigns — are less clear. In particular, rights relating to house rules or screening criteria for new tenants aren’t included.

Negotiations with development teams are just beginning. Lee said tenants’ rights not included in the RAD language would be discussed as part of that process.

“It will be a function of what is best practice,” Lee said.

But developers have already expressed some ideas about public housing policies they want to tweak when they take over. At one point, the city was considering developers’ requests to divide the citywide public housing wait-list into a series of site-specific lists. Lee says that this option is no longer on the table.

But as developers’ interests interact with local, state, and federal tenant regulations, things could get messy. James Grow, deputy director of the National Housing Law Project, says that whatever standard is the most protective of residents’ rights should apply.

Still, Grow said, “There’s going to be inconsistencies and gray areas.”

Grow said that inevitably some residents’ rights will be decided “on a case-by-case basis, in litigations between the tenant and the landlord…They’ll be duking it out in court.”

This will be true nationwide, as each RAD rollout will be different. But at least in San Francisco, “Most of the tenant protections in public housing will remain,” said Shortt. “We are trying to tie up any holes locally to make sure that there is no weakening of rights.”

Grow’s and Shortt’s organizations are also involved in San Francisco’s RAD plan. The National Housing Law Project, along with the Housing Rights Committee and Enterprise Community Partners, have contracts to perform education and outreach to public housing residents and development teams.

 

UNCERTAIN FUTURE

Just how much money will go to RAD is still under negotiation. The RAD funding itself, derived from the voucher program, will surpass the $32 million the city collected last year in HUD operating subsidies. But its big bucks promise is the $180 million in tax credit equity that the privatization model is expected to bring in.

The city will also be contributing money to the program, but how much is unclear.

“The only budget I have right now is the $8 million,” Lee said, money that is going to the development teams for “pre-development.”

Lee added that funding requests would also be considered; those requests could total $30-50 million per year from the city’s housing trust fund, according to Shortt.

To access that $180 million in low-income housing tax credits, development teams will need to create limited partnerships and work with private investors. The city wants to set up an “investor pool,” a central source which would loan to every development team.

It’s a complicated patchwork of money involving many private interests, some of whom don’t have the best reputations.

Jackson Consultancy was named as a potential partner in the application for the development team that will take over management at Westbrook Apartments and Hunters Point East-West. That firm is headed by Keith Jackson, the consultant arrested in a FBI string in late March on charges of murder-for-hire in connection with the scandal that ensnared Sen. Leland Yee and Chinatown crime figure Raymond “Shrimp Boy” Chow.

Presumably, Jackson is no longer in the running, although the entire transformation is rife with uncertainties.

Residents often feel blindsided when management or rules change at public housing properties. And RAD will be one of the biggest changes in San Francisco’s public housing in at least a decade.

“People are concerned about their homes. When they take over the Housing Authority property, what’s going to happen? They keep telling us that it’s going to stay the same, nothing is going to change,” said Martha Hollins, president of the Plaza East Tenants Association.

Hollins has been part of Carter’s support network in her eviction case.

“They’re always talking about self-sufficient, be self-sufficient,” Hollins said. “How can we be self-sufficient when our children are growing up and being criminalized?”

Public housing has many complex problems that need radical solutions. But some say RAD isn’t the right one. After seeing developers gain from public housing while generational poverty persists within them, Gray-Garcia says that her organization is working with public housing residents to look into ways to give people power over their homes. They are considering suing for equity for public housing residents.

“‘These people can’t manage their own stuff and we need to do it for them.’ It’s that lie, that narrative, that is the excuse to eradicate communities of color,” Gray-Garcia said. “We want to change the conversation.”

Rising tide of plutocracy

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EDITORIAL The pace of life under late capitalism seems to be speeding up these days, and so too have the bad news developments and warnings of impending doom come at a more rapid clip, at least according to the headlines over the last couple weeks.

First it was a report from the US Commerce Department showing that corporate profits are at the highest level in 85 years while employee compensation is at its lower level in 65 years. After-tax corporate profits are now 10 percent of gross domestic product (a record high) as a result of the effective corporate tax rate (figuring in loopholes) of 20.5 percent, the lowest tax rates since 1929, not coincidentally when the Great Depression began.

Then came the latest report from the Intergovernmental Panel on Climate Change, striking a more urgent tone than the four preceding reports as it documents the threats already unfolding and the major social upheaval to come. And then we were hit with the US Supreme Court’s 5-4 McCutcheon vs FEC decision, which “eviscerates our nation’s campaign finance laws,” as Justice Stephen Breyer wrote in his dissent, striking down aggregate contribution caps and giving even more political power to those with the most economic power.

So wealthy individuals and corporations are hoarding more of the nation’s resources than ever before, and now they’ll be able to spend even more of it to influence and corrupt our already broken political system, weakening its ability to take on big challenges such as addressing global warming because the solutions — including slowing down economic activity (we’ll have more on that in next week’s issue) and helping poor countries deal with rising seas and social instability — require resources from the greedy rich. Call it self-perpetuating plutocracy, with life as we know it on planet Earth at stake.

Meanwhile, on the local front, a Tenants Together study of the economic displacement now underway in San Francisco found it is mostly real estate speculators who are evicting renters using the Ellis Act, a state law ostensibly designed for letting property owners eventually get out of the rental business. Instead, the report’s analysis of eviction data since the Ellis Act was adopted in 1985 showed that 51 percent of Ellis evictions occurred within a year of the property changing hands, 68 percent within five years of new ownership, and 30 percent of Ellis evictions came from serial evictors — all told, displacing 10,000 San Francisco tenants, mostly from rent-controlled housing.

Prohibiting Ellis evictions for the first five years — which is part of Sen. Mark Leno’s SB 1439, which had its first hearing this week — is a good idea that will help. But it also feels a bit like sticking a finger in the hole of a crumbling dike, when what we really need is a strong, new, progressive seawall to protect us against the rising tide of plutocracy, or rule by the rich, and its myriad ravages.

Alerts: April 2 – 8, 2014

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WEDNESDAY 2

 

Anti-eviction march

24th and Mission BART Station, SF. evictionfreesf.org. 11:30am, free. Eviction Free San Francisco will lead “a spirited lunchtime march and picket” to the Mission offices of Vanguard Properties, in response to an Ellis Act eviction that has been filed against longtime tenant Benito Santiago, a Duboce Triangle resident who was born and raised in San Francisco.

THURSDAY 3

 

Public meeting on tech shuttle plan

City Hall, 1 Dr Carlton B Goodlett, SF. 3pm, free. The San Francisco Board of Supervisors will vote on a controversial pilot program that will allow private shuttles, such as Google buses, to use Muni bus stops for a fee of $1 per stop per day. The program, approved by the San Francisco Metropolitan Transportation Agency in January, has been appealed on the grounds that it should undergo a full environmental review under the California Environmental Quality Act. The Board will vote on whether the appeal should move forward.

 

FRIDAY 4

 

IMPACT

Laney College, 900 Fallon, Oakl. www.destinyarts.org. 7:30pm, $20. This is the opening night of IMPACT, a full-length work featuring a cast of 42 talented youth ages 9 to 18 performing a combination of hip-hop, modern and aerial dance, theater, spoken word, rap and song. This group has chosen to take a stand around issues that have powerful impact on themselves, their communities and their world: Environmental destruction, unhealthy food and water, negative attitudes about their bodies, and violence of all kinds.

 

 

Talk: Robots and new media

Banatao Auditorium, Sutardja Dai Hall, UC Berkeley. 2594 Hearst, Berk. robotsandnewmedia.com. 9am-5pm, free. The Center for New Media at UC Berkeley will host this daylong symposium to explore “a new range of more social, personal, expressive, nurturing, and emotional robotic platforms and applications.” Featuring talks by philosopher Hubert Dreyfus of UC Berkeley, Mark Pauline of Survival Research Labs, UC Berkeley robotics professor Ken Goldberg and more.

 

SATURDAY 5

 

SF LGBT Center’s Annual Soiree

City View at Metreon, 135 4th St, SF. tinyurl.com/lgbtsoiree. 6:30-8pm VIP reception; party admission 8pm-midnight; $150 or $95 respectively. Come out in support of San Francisco’s Lesbian Gay Bisexual Transgender (LGBT) Community Center, which offers free services like career counseling, job fairs, social activities, mentorships, youth meals, daycare and a space for LGBT people to organize and secure equal rights. With a hosted bar, gourmet morsels, silent auction, music, dancing and live entertainment it promises to be a fancy affair.

SUNDAY 6

Ending Solitary Confinement Berkeley Fellowship of Unitarian Universalists’ Hall, 1924 Bonita, Berk. www.bfuu.org. 2pm, $5-10 suggested donation, no one turned away for lack of funds. Laura Magnani of the American Friends Service Committee will be speaking on Solitary Confinement in California prisons, and what we can do to work to abolish it or promote its more limited use. She will be joined by Marie Levin, sister of a prisoner who has organized and participated in prisoner hunger strikes in the past few years.

Yee had a reputation for political corruption even before the federal indictment

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Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

San Francisco’s untouchables

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Rebecca@sfbg.com

In one sense, San Francisco’s homeless residents have never been more visible than they are in this moment in the city’s history, marked by rapid construction, accelerated gentrification, and rising income inequality. But being seen doesn’t mean they’re getting the help they need.

Not long ago, Lydia Bransten, who heads security at the St. Anthony’s Foundation on 150 Golden Gate, happened upon a group of teenagers clustered on the street near the entrance of her soup kitchen. They had video cameras, and were filming a homeless man lying on the sidewalk.

“They were putting themselves in the shot,” she said.

Giggling, the kids had decided to cast this unconscious man as a prop in a film, starring them. She told them it was time to leave. Bransten read it as yet another example of widespread dehumanization of the homeless.

“I feel like we’re creating a society of untouchables,” she said. “People are lying on the street, and nobody cares whether they’re dead or breathing.”

Condominium dwellers and other District 6 residents of SoMa and the Tenderloin are constantly bombarding Sup. Jane Kim about homelessness via email — not to express concern about the health or condition of street dwellers, but to vent their deep disgust.

“This encampment has been here almost every night for several weeks running. Each night the structure is more elaborate. Why is it allowed to remain up?” one resident wrote in an email addressed to Kim. “Another man can be found mid block, sprawled across the sidewalk … He should be removed ASAP.”

In a different email, a resident wrote: “The police non-emergency number is on my quick dial because we have to call so often to have homeless camps removed.”

It’s within this fractious context that the city is embarking on the most comprehensive policy discussions to take place on homelessness in a decade.

In 2004, city officials and community advocates released a 10-Year Plan to Abolish Chronic Homelessness. One only needs to walk down the street to understand that this lofty objective ultimately failed; people suffering from mental illness, addiction, and poverty continue to live on the streets.

Most everyone agrees that something should be done. But while some want to see homelessness tackled because they wish undesirable people would vanish from view, others perceive a tragic byproduct of economic inequality and a dismantled social safety net, and believe the main goal should be helping homeless people recover.

“The people living in poverty are a byproduct of the system,” said Karl Robillard, a spokesperson for St. Anthony’s. “We will always have to help the less fortunate. That’s not going to go away. But we’re now blaming those very same people for being in that situation.”

sabrina

Sabrina: “The streets can be mean.”

Guardian photo by Rebecca Bowe

 

HOMELESS MAGNET?

A common framing of San Francisco’s “homeless problem” might be called the magnet theory.

The city has allocated $165 million to homeless services. Over time, it has succeeded in offering 6,355 permanent supportive housing units to the formerly homeless. Nevertheless, the number of homeless people accounted for on the streets has remained stubbornly flat. The city estimates there are about 7,350 homeless people now living in San Francisco.

Since the city has invested so much with such disappointing results, the story goes, there can only be one explanation: Offering robust services has drawn homeless people from elsewhere, like a magnet. By demonstrating kindness, the city has unwittingly converted itself into a Mecca for the homeless, spoiling an otherwise lovely place for all the hardworking, law-abiding citizens who contribute and pay taxes.

That theory was thoroughly debunked in a Board of Supervisors committee hearing on Feb. 5.

“The idea of services as a magnet, … we haven’t seen any empirical data to support that,” noted Peter Connery of Applied Survey Research, a consultant that conducted the city’s most recent homeless count. “The numbers in San Francisco are very consistent with the other communities.”

He went on to address the question on everyone’s mind: Why haven’t the numbers decreased? “Even in this environment where there have obviously been a tremendous number of successes in various departments and programs,” Connery said, “this has been a very tough economic period. Just to stay flat represents a huge success in this environment.”

As former President Bill Clinton’s campaign team used to say: It’s the economy, stupid.

 

LIFE OUTSIDE

For Sabrina, it started with mental health problems and drug addiction. She grew up in Oakland, the daughter of a single mom who worked as a housecleaner.

“Drugs led me the wrong way, and eventually caught up with me,” she explained at the soup kitchen while cradling Lily, her Chihuahua-terrier mix.

“I had nothing, at first. You have to learn to pick things up. Eventually, I got some blankets,” she said. But she was vulnerable. “It can get kind of mean. The streets can be mean — especially to the ladies.”

She found her way to A Woman’s Place, a shelter. Then she completed a five-month drug rehab program and now she has housing at a single room occupancy hotel on Sixth Street.

“You don’t realize how important those places are,” she said, crediting entry into the shelter and the drug-rehab program with her recovery.

Since the 10-year plan went into effect, Coalition on Homelessness Director Jennifer Friedenbach told us, emergency services for homeless people have been dramatically scaled back. Since 2004, “We lost about a third of our shelter beds,” she explained. About half of the city’s drop-in center capacity was also slashed.

“Between 2007 to 2011, we had about $40 million in direct cuts to behavioral health,” she said at the Feb. 5 hearing, seizing on the lack of mental health care, one of the key challenges to reducing homelessness.

“The result of all three of these things, I can’t really put into words. It’s been very dramatically negative. The increase in acuity, impact on health,” she said, “those cannot be overstated.”

The need for shelters is pressing. The city has provided funding for a new shelter for LGBT homeless people and a second one in the Bayview, but it hasn’t kept up with demand. And for those who lack shelter, life is about navigating one dilemma after another, trying to prevent little problems from snowballing into something heinous.

Consider recent skirmishes that have arisen around the criminalization of homelessness. Department of Public Works street cleaning crews have sprayed homeless people trying to rest on Market Street. Sitting or lying on the sidewalk can result in a ticket. There are few public restrooms, but urinating on the street can result in a ticket. There are no showers, but anyone caught washing up in the library bathroom could be banned from the premises. Sleeping in a park overnight is illegal.

“The bad things that happen are when people don’t see homeless people as people,” said Bevan Dufty, the mayor’s point person on homelessness. “That’s the core of it — to be moved away, to be pushed away, citing people, arresting people.”

Friedenbach said the tickets and criminalization can ultimately amount to a barrier to ending homelessness: “You’re homeless, so you get a ticket, so they won’t give you housing, because you wouldn’t pay the ticket. And so, you’re stuck on the streets.”

 

ORDINARY EMERGENCIES

A man slumped over his lunch tray and fell to the floor. Within minutes, a medical crew had arrived on the scene, set up a powder-blue privacy screen, and cleared away a table and chairs to administer emergency care.

Throughout the dining hall, most continued lifting forkfuls of mashed potatoes, broccoli, and shredded meat to their mouths, unfazed. Volunteers clad in aprons continued to set down heaping lunch trays in front of diners who held up laminated food tickets. At St. Anthony’s, where between 2,500 and 3,000 hot meals are served daily to needy San Franciscans, this sort of thing happens all the time.

“A lot of our guests are subject to seizures, for one reason or another,” Robillard told me by way of explanation. Behind him, a pair of medics hovered over the man’s outstretched body, his face invisible behind the screen. “In almost all cases, they’re fine.”

Seizures are just one common ailment plaguing the St. Anthony’s clientele, a mix of homeless people, folks living on the economic margins, and tenants housed in nearby single room occupancy hotels.

Jack, an elderly gentleman with a gray beard and stubs on one hand where fingers used to be, told me he’d spent years in prison, battled a heroin addiction, and sustained his hand injury while serving in the military. He previously held jobs as a rigger and a train operator, and said he became homeless after his mother passed away.

St. Anthony’s staff members mentioned that Jack had recently awoken to being beaten in the head by a random attacker after he’d fallen asleep on the sidewalk near a transit station.

A petite woman with a warm demeanor, who introduced herself as Kookie, said she’d been homeless last August when she faced her own medical emergency. “I was in the street,” she said. “I didn’t know I was having a stroke.”

She’d been spending nights on the sidewalk on Turk Street, curled up in a sleeping bag. When she had the stroke, someone called an ambulance. Her emergency had brought her unwittingly into the system. At first, “They couldn’t find out who I was.”

She said she’d stayed in the hospital for six months. Once she’d regained some strength, care providers connected her with homeless services. Now Kookie stays at a shelter on a night-by-night basis, crossing her fingers she’ll get a 90-day bed. She’s on a wait-list to be placed in supportive housing.

Kookie unzipped a tiny pouch and withdrew her late husband’s driver’s license as she talked about him. Originally from Buffalo, NY, she lived in Richmond while in her early 20s and took the train to San Francisco, where she worked as a bartender. She’s now 60.

“When I was not homeless, I used to see people on the ground, and I never knew I would live like that,” she said. “Now I know how it is.”

kookie

Kookie: “I used to see people on the ground, and I never know I would live like that.”

Guardian photo by Rebecca Bowe

HOUSING, HOUSING, HOUSING

Way back in 2003, DPH issued an in-depth report, firing off a list of policy recommendations to end homelessness in San Francisco once and for all. The product of extensive research, the agency identified the most important policy fix: “Expand housing options.”

“Ultimately, people will continue to be threatened with instability until the supply of affordable housing is adequate, incomes of the poor are sufficient to pay for basic necessities, and disadvantaged people can receive the services they need,” DPH wrote. “Attempts to change the homeless assistance system must take place within the context of larger efforts to help the very poor.”

Fast forward more than a decade, and many who work within the city’s homeless services system echo this refrain. The pervasive lack of access to permanent, affordable housing is the city’s toughest nut to crack, but it doesn’t need to be this way.

At the committee hearing, Friedenbach, who has been working as a homeless advocate for 19 years, spelled out the myriad funding losses that have eviscerated affordable housing programs over time.

“We’ve had really huge losses over the last 10 years in housing,” she said. “We’ve lost construction for senior and disability housing. Section 8 [federal housing vouchers] has been seriously cut away at. We’ve lost federal funding for public housing. There were funding losses in redevelopment.”

A comprehensive analysis by Budget and Legislative Analyst Harvey Rose found the city — with some outside funding help — has spent $81.5 million on permanent supportive housing for the formerly homeless.

That money has placed thousands of people in housing. Nevertheless, a massive unmet need persists.

 

WAITING GAME

Following the hard-hitting economic downturn of 2008 and 2009, San Francisco saw a spike in families becoming homeless for the first time. Although a new Bayview development is expected to bring 70 homeless families indoors, Dufty said 175 homeless families remain on a wait-list for housing.

Yet the wait-list for Housing Authority units has long since been closed. And many public housing units continue to sit vacant, boarded up. Sup. London Breed said at a March 19 committee hearing that fixing those units and opening them to homeless residents should be a priority.

DPH’s Direct Access to Housing program, which provides subsidized housing in SROs and apartments, was also too overwhelmed to accept new enrollees until just recently. Since the applicant pool opened up again in January, 342 homeless people have already signed up in search of units, according to DPH. But only about a third of them will be placed, the results of our public records request showed.

Meanwhile, the city lacks a pathway for moving those initially placed in SROs into more permanent digs, which would free up space for new waves of homeless people brought in off the street.

City officials have conceptualized the need for a “housing ladder” — but if one applies that analogy to San Francisco’s current housing market, it’s a ladder with rungs missing from the very bottom all the way to the very top.

In the last fiscal year, HSA allocated $25 million toward subsidized housing for people enrolled in the SRO master-lease program. “It’s often talked about as supportive housing,” Friedenbach notes. “But supportive housing under a federal definition is affordable, permanent, and supportive.”

In SROs, which are notoriously rundown — sometimes with busted elevators in buildings where residents use canes and wheelchairs to get around — people can fork over 80 percent of their fixed incomes on rent.

“An individual entering our housing system should have an opportunity to move into other different types of housing,” Dufty told the supervisors. “It’s really important that people not feel that they’re stuck.”

Amanda Fried, who works in Dufty’s office, echoed this idea. “Our focus has to be on this ladder,” she told us. “If people move in, then they have options to move on. What happens now is, we build the housing, people move in, and they stay.”

 

START OF THE CYCLE

Homelessness does begin somewhere. For Joseph, a third-generation San Franciscan who grew up in the Mission and once lived in an apartment a block from the Pacific Ocean, the downward spiral began with an Ellis Act eviction.

After losing his place, he stayed with friends and family members, sometimes on the streets, and occasionally using the shelter system (he hated that, telling us, “I felt safer in Vietnam”). He now receives Social Security benefits and lives in an SRO.

Homelessness is often a direct consequence of eviction. Last year, the city allocated an additional $1 million for eviction defense services. Advocates hope to increase this support in the current round of budget talks. The boost in funding yielded measurable results, Friedenbach pointed out, doubling the number of tenants who managed to stave off eviction once they sought legal defense.

There’s also a trend of formerly homeless residents getting evicted from publicly subsidized housing. Since 2009, the Eviction Defense Collaborative has counted 1,128 evictions from housing provided through HSA programs. Since most came from being homeless, they are likely returning to homelessness.

Dufty said more could be done to help people stay housed. “Yes, we’re housing incredibly challenged individuals. And we have to recognize that allowing those individuals to be evicted, without the city using all of our resources to intervene to help that person, that’s not productive,” he said. “It’s debilitating to the person. It’s just not good.”

Fried said the city could do more to provide financial services to people who were newly housed. “You were homeless on the street — you know you didn’t pay some bill for a long time. Really that’s the time, once you’re housed and stable, to say, ‘let’s go back and pull your credit.’ Once we have people in housing, how are we increasing their income?”

Gary

Gary: “If I knew how to fix it, I would.”

Guardian photo by Mike Koozmin

SEARCH FOR SOLUTIONS

The reopening of [freespace], a community space at Sixth and Market temporarily funded by a city-administered grant, attracted a young, hip crowd, including many tech workers. A girl in a short white dress played DJ on her laptop, against a backdrop where people had scrawled their visions for positive improvements in the city. Some of the same organizers are helping to organize HACKtivation for the Homeless, an event that will be held at the tech headquarters of Yammer on March 28. The event will bring together software developers and homeless service providers to talk about how to more effectively address homelessness.

“The approach we’re talking about is working with organizations and helping them build capacity,” organizer Ilana Lipsett told us. The idea is to help providers boost their tech capacity to become more effective. And according to Kyle Stewart of ReAllocate, an organization that is partnering on the initiative, “The hope is that it’s an opportunity to bridge these communities.”

Other out-of-the box ideas have come from City Hall. Sup. Kim, who stayed at a homeless shelter in 2012 during a brief stint as acting mayor, said she was partially struck by how boring that experience was — once a person is locked into a shelter, there is nothing to do, for 12 hours.

She wondered: Why aren’t there services in the shelters? Why isn’t there access to job training, counseling, or medical care in those facilities? Why are the staffers all paid minimum wage, ill-equipped to deal with the stressful scenarios they are routinely placed in? Her office has allocated some discretionary funding to facilitate a yoga program at Next Door shelter, in hopes of providing a restorative activity for clients and staff.

More recently, Sup. Mark Farrell has focused on expanding the Homeless Outreach Team as an attempt to address homelessness. Farrell recently initiated a citywide dialogue on addressing homelessness with a series of intensive hearings on the issue. He proposed a budgetary supplemental of $1.3 million to double the staff of the HOT team, and to add more staff members with medical and psychiatric certification to the mix.

But the debate at the March 19 Budget and Finance Committee hearing grew heated, because Sup. John Avalos wanted to see a more comprehensive plan for addressing homelessness. “I’m interested in people exiting homelessness,” he said. “I’d like there to be a plan that’s more baked that has a sense of where we’re going.”

Farrell was adamant that the vote was not about addressing homelessness in the broader sense, but expanding outreach. “We have to vote on: do we believe, as supervisors, that we need more outreach on our streets to the homeless population or do we not?” he said.

Sup. Scott Wiener defined it as an issue affecting neighborhoods. “When we’re actually looking at what is happening on our streets, it is an emergency right now,” he said. “It’s not enough just to rely on police officers.”

When other members of the board said homeless advocates should be integrated into the solution, Wiener said, “The stakeholders here are not just the organizations that are doing work around homelessness, they are the 830,000 residents of San Francisco … It impacts their neighborhoods every day.”

Asked what she thought about it, Kim told us she believed sending more nurses and mental-health service providers into the city’s streets was a good plan — but she emphasized that it had to be part of a larger effort.

“If you’re just going to increase the HOT team, but not services,” she said, “then you’re just sending people out to harass homeless people.”

 

STILL OUT THERE

Mike is 53, and he’s lived on the streets of San Francisco for five years. He was born in Massachusetts, and his brothers and sisters live in Napa. We encountered him sitting on the sidewalk in the Tenderloin. “I don’t like shelters,” he explained. “I got beat up a couple times, there were arguments.” So he sleeps under a blanket outside. “It’s rough,” he said. “I do it how I can.”

A few blocks away we encountered Gary, who said he’s been homeless in San Francisco for 17 years. He was homeless when he arrived from Los Angeles. He said he’d overdosed “a bunch of times,” he’s gone through detox five times, and he’s been hospitalized time and again. “Call 911, and they’ll take care of you pretty good.”

Gary is an addict. “If I knew how to fix it, I would,” he said. “Do yourself a favor, and lose everything. It’s like acting like you’re blind.”

Gary and Mike, chronically homeless people who have been on the streets for years, are HOT’s target clientele. “My slice of the pie is the sickest, the high-mortality, they’re often the ones that are laid out in the street,” said Maria Martinez, a senior staff member at DPH who started the HOT program.

“I went through years of the 10-Year plan,” she added. “Do I feel like I could take this money [the HOT team supplemental] and do something effective with it? Yes. Do I think there’s a lot of other things that we could address? Yes.”

Pressed on what broader solutions would look like, she said, “There has to be an exit into permanent housing. I’ve seen that we’ve been creative around that. We can make lives better. I say that vehemently. And permanent housing is critical to exiting out of homelessness.”

Mike

Guardian photo by Mike Koozmin

Alerts: March 12 – 18, 2014

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WEDNESDAY 12

San Francisco Neighborhoods on the Brink Bird and Beckett Books and Records, 653 Chenery, SF. www.birdbeckett.com. 7pm, free. A panel discussion on displacement, gentrification, rising rents, and the loss of affordable housing. Join us to discuss the dilemma facing longtime residents and renters of modest means — and the gutting and gentrification of San Francisco — as real-estate speculation and a quickly widening income gap drive rents to dizzying heights while the rental supply dwindles. Ellis Act evictions are buffeting many of our neighbors, and the lack of affordable housing affects us all.

 

THURSDAY 13

 

Screening: Terms and Conditions May Apply Unitarian Universalists Hall, 1924 Cedar, Berk. www.bfuu.org. 7pm, $5-10 donation, no one turned away for lack of funds. Have you ever read the “Terms and Conditions and Privacy Policies” connected to every website you visit, phone call you make, or app you use? Of course you haven’t. But those agreements allow corporations to do things with your personal information you could never even imagine. What are you really agreeing to when you click “I accept”? Find out in this disquieting exposé.

 

FRIDAY 14

 

Visual Activism Symposium Brava Theater Center, 2781 24th St., SF. www.sfmoma.com/events. 9am-7pm, free with pre-registration. Join us for a symposium exploring the relationship between visual culture and activist practices. Art can take the form of political and social activism, and activism often takes on specific, and sometimes surprising, visual forms. How is our broader visual culture shaped by activist practices that circulate in public space? Scholars, artists, and activists address these and related questions in a series of presentations, performances, workshops, and interactive projects.

SATURDAY 15  

International Day Against Police Brutality Arroyo Park, 7701 Krause, Oak. www.march15oak.noblogs.org. 12pm, free. March 15th has been designated as International Day Against Police Brutality since 1997, as an initiative by radical groups in Montréal and Sweden. Police brutality is nothing new to Oakland, and for the second year in a row we will observe the International Day Against Police Brutality with a demonstration beginning at Arroyo Park in east Oakland. A rally will start at noon, followed by a march starting at 1pm.

SUNDAY 16

Anonymous Internet Communication Niebyl Proctor Marxist Library, 6501 Telegraph, Oak. cuyleruyle@mac.com. 10:30am-12:30pm, free. It’s no secret that the NSA was and is secretly spying on people here at home and around the globe. The justification given for this activity is that it can prevent terrorism and crime. While we wait for Congress or the courts to do something, we can right now actively protect our individual privacy, using freely available technical tools and best practices. Keith Davis will discuss the motivations for Internet Anonymity and the different levels of privacy that can be obtained. He also will provide caveats and warnings associated with the use of privacy tools and practices.

Three upcoming events on housing in San Francisco

There are a few upcoming opportunities to have your say in the ongoing dialogue about the San Francisco tenants’ struggle as long-term renters grapple with rising rents and the threat of displacement.

Amid the housing pressure, a thriving tenants’ rights movement has unfolded in the city to spur multiple legislative pushes for reform. These conversations (and the art exhibit to piece these issues together on a deeper level) are timely.

Wed/12: San Francisco Neighborhoods on the Brink: A Panel Discussion on Displacement, Gentrification, Rising Rents & the Loss of Affordable Housing

Hosted by San Francisco Poet Laureate Alejandro Murguia, this panel discussion will feature comments by District 11 Sup. John Avalos, Public Policy Director of the Chinatown Community Development Center Gen Fujioka, and SFUSD teacher and Ellis Act target Sarah Brant.

An announcement description says the discussion will focus on the “dilemma facing long-time residents and renters of modest means — and the gutting and gentrification of San Francisco — as real estate speculation and a quickly widening income gap drive rents to dizzying heights while the rental supply dwindles.”

Details here.

“There’s a difference between a neighborhood changing—which is natural and organic—versus the destruction of a neighborhood, its history and legacy, which is what is happening right now in the Mission District.” Alejandro Murguía

Wed/12: “Sólo Mujeres: HOME / inside out” – An interdisciplinary exhibit at the Mission Cultural Center for Latino Arts

Curated by Susana Aragón and Indira Urrutia, this exhibition features 24 women artists in exploring the symbolic space of home through a variety of mediums, including installation, painting, photography, sculpture, poetry, video and mixed media. Artists include Yolanda Lopez, Xuchi Eggleton, Ximena Sosa, Windsong, Susana Aragón, Sofía Elías, Tina Escaja, Tanya Marie Vlach, Rebeca García Gonzales, Solange Bonilla Leahy, Natalia Anciso, Melanie Lacy Kusters, Marta R, Zabaleta, Mariella Zevallos, Indira Urrutia, Gabriela Luz Sierra, Flor Khan, Fan Warren, Cristina Ibarra, Clara Cheeves, Carmen Lang, Camila Perez-Goddard, Anna Simson, Alejandra Rassvetaieff, Adriana Camarena.

From the announcement: “A home is a place that is close to our heart, it triggers self-reflection, thoughts about who someone is or used to be or who they might become. Each room or space is connected to memories, feelings, ideas, dreams, etc. As part of the exhibit, the gallery will be transformed into a house which rooms will be delimited by see through fabric to show the fragility of housing in The San Francisco’s Mission District.

It opens at 7pm with a live performance by María José Montijo and Diana Gameros. Details here.

Wed/19: Affordable housing from multiple perspectives

The Noe Valley Democratic Club is hosting what it calls “a distinguished and authoritative panel of experts” who will speak about affordable housing in the Bay Area. What’s interesting about this event is that it will bring together folks who are leading a citywide push at the grassroots level to strengthen tenants’ rights, as well as people from more developer-friendly entities such as SPUR (San Francisco Bay Area Planning and   Research Association) and the San Francisco Housing Action Committee.

The panelists will include:

Sarah Karlinsky, (panel moderator), Deputy Director of SPUR (San Francisco Bay Area Planning and   Research Association)

Douglas Shoemaker, President of Mercy Housing California, a non-profit dedicated to affordable      housing development, fundraising and services.

Teresa Yanga, Deputy Director of the Mayor’s Office of Housing

Tim Colen , Executive Director of San Francisco Housing Action Committee

Fernando Martí, Co-Director of the Council of Community Housing Organizations (CCHO)

Sara Shortt, Executive Director of the San Francisco Housing Rights Committee 

Details here.

One final tidbit, tangentially related at best. Salon has a great article, Gentrifying the dharma” How the 1 percent is hijacking mindfulness, which thoughtfully examines a trend that has led Buddhists to fear that their religion is turning into a designer drug for the elite.”

(A few weeks ago activists with Eviction Free San Francisco disrupted a Google panel about mindfulness, triggering a decidedly unenlightened onstage tug-of-war over a banner.)

Best quote is from the Dalai Lama, who sees things this way: “Capitalism only takes the money. Then, exploitation.”

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

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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

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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:

Staying power

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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.

tenants1

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.

tenants2

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.)

Granny slap

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Lisa Gray-Garcia, aka “Tiny,” led a press conference outside the San Francisco Hall of Justice on Feb. 5 to announce that she and fellow activists were filing elder abuse charges against San Francisco landlords.

Flanked by activists and senior citizens who were facing eviction or had lost housing in San Francisco, the Poor News Network founder condemned landlords who’ve invoked the Ellis Act as “dangerous criminals.”

Gray-Garcia said criminal charges were being filed against the landlords in accordance with California Penal Code 368, which creates a special category for crimes — such as infliction of pain, injury, or endangerment — committed against elders and dependent adults.

The theory is that carrying out an Ellis Act eviction against a senior citizen qualifies as a criminal act under that law, since an elder can suffer physical harm as a result of being turned out of his or her home.

“Seniors who live in houses that they’ve lived in for a really long time are being evicted,” said Erin McElroy, who joined the rally. “That could mean homelessness, that could mean poverty, that could mean death, that could mean losing your access to health care.”

“The real criminals are the ones who use paper, and money, and lawyers to evict us,” Gray-Garcia said. “We at POOR Magazine get five to 10 calls a week from elders — 70, 80, 90 years old — at the point where they’re actually going to be evicted,” she added. “In the elder abuse law, if you willfully or unwillfully cause harm or inflict harm on a body of an elder, you actually can do one year jail time or pay a $6,000 fine.”

The targeted landlords were taken from a list compiled by the San Francisco Anti Eviction Mapping Project, a volunteer-led group that published names, property ownership, and identifying information of 12 landlords who had repeatedly invoked the Ellis Act in San Francisco. Garcia read out their names as part of the press event.

Beyond that, however, the announcement was short on specifics. Gray-Garcia told the Bay Guardian she did not want to share the names of the affected seniors because she did not feel comfortable exposing the elderly tenants to potential backlash.

Joining the group of activists was an 82-year-old woman who used a walker and declined to share her name. She told the Bay Guardian she had lived in her Richmond District flat for more than 30 years, and had recently received a verbal warning from her landlord that if she did not move out, he would invoke the Ellis Act.

When Gray-Garcia and others filed into the San Francisco District Attorney George Gascon’s office inside the Hall of Justice, however, Chief Assistant of Operations Sharon Woo discouraged them from filing the charges.

“We don’t actually initiate investigations,” Woo told the activists, but when attorney Anthony Prince, who had accompanied the activists, pushed back on that point, she responded, “We could, potentially.”

However, she urged them to first “go to the normal channels, which is a law enforcement investigation,” then scheduled a follow-up meeting at a later date to discuss the issue further. She discouraged the activists from bringing a large group to the meeting. “There’s a 98-year-old woman being forced out of her home in April and she has nowhere to go,” McElroy told Woo during that interaction. “And we’re filing criminal charges against the people who are forcing her out.”