Eviction

Time to enforce the law

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EDITORIAL The new tech companies that are making waves in San Francisco — Airbnb in the short-term rental business and Lyft and Uber in the taxi industry — may describe themselves as innovative and disruptive, and they may be appealing to investors.

But there’s a more accurate word that describes their relationship to the city:

Cheaters.

The way these companies are luring customers isn’t really about high-tech applications or brilliant business models. They’ve just found a way to get around the rules that everyone else has to obey.

Some city officials are talking about hearings and new legislation, all of which is fine. But in the rest of the business community, when someone flagrantly, openly violates the regulations, the City Attorney’s Office cracks down. That’s what needs to happen here, and soon.

Airbnb has a slick and appealing promise: You can rent out your house or apartment on the Internet to someone who wants to stay in the city for a few days, but is looking for an alternative to a traditional hotel. The homeowner or tenant gets some extra bucks; the visitor gets to stay in a cool neighborhood at a bargain price. What’s not to like?

Well, for one thing, most leases in San Francisco bar unauthorized sublets, so renters who offer their places on Airbnb face problems with their landlords, including possibly eviction. City laws also bar the use of residential property for commercial purposes. And, as we’ve pointed out repeatedly, Airbnb isn’t collecting the transient occupancy tax that every other hotel operator in the city has to pay. The total tab: At least $1.8 million a year.

Lyft and Uber say they’re using creative apps to offer an alternative to the screwed-up taxi system. Drivers offer rides to people who can “volunteer” to pay at the end — but if nobody pays, the whole business model fails and the venture capitalists who put up the money lose. So everyone knows that these are pay-for-hire taxis.

Except that San Francisco requires every taxi driver to have a permit, called a medallion — and drivers have to go through training, background checks, and carry extensive insurance. If a driver overcharges or refuses a fare, a customer can complain to the city, and get recourse. The startups don’t follow the same rules.

There are reasons the city regulates cabs and charges hotel taxes. Cab drivers are ferrying people, some of them vulnerable; it’s only a matter of time before a rogue driver who sneaks into the new unregulated startups winds up in a horrible crash or criminally preying on riders.

Driving a cab without a medallion is illegal. Failing to pay city taxes is, too. City Hall can debate and dither and try to avoid offending the mayor (who, unfortunately, is trying to help Airbnb slide). But this is a clear-cut case of businesses flouting city law. Herrera needs to put an end to it.

 

Boooooooooooks: 2 spots to buy ’em cheap

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Since you might be having a hard time finding the funds for your 1. your ticket to Phu Quoc and 2. the Opening Ceremony-Spring Breakers mall trash collection you’ll need for those white sand beaches, you should at least let us help you out with the third essential component of your hypothetical spring escape: books!

You’ll need them for those hypothetically long hours in the sun, and lucky you, two epic sales are going on shortly so you can save your ducats for neon logo cropped tees and duty-free Toblerones. You might also hit up Adobe Books, which has been served its final eviction notice in the face of incoming yuppie muck *sad face*

Friends of the San Francisco Library book fair

What: 250,000 specimens of all kinds of media, the sale of which will not only augment your lit-loving vacay, but also go towards supporting the good old SF Public Library, YAY. If you’re a Friend of the public library with a capital “F,” you can hit up the space on Tuesday night for a special preview, which we hope goes down like those videos from the ’80s of crazed parents trying to bumrush Toys ‘R’ Us for the best Cabbage Patch Doll.

Cop: There’s gonna be hardcover books for $3, and $1 DVDs and CDs since no one knows what those things are anymore — but for the purposes of your Vietnam getaway, immerse in the $2 paperback section. (Please, not The Beach.)

Fri/3-Sun/7, 10am-6pm, free. Fort Mason Center Pavilion, SF. www.friendssfpl.org

Chronicle Books “Back to School” warehouse sale

What: James Franco specifically told us that spring break was forever, but apparently Chronicle Books didn’t get the memo — it’s celebrating the childrens’ return to classes with this storewide sale — selected titles are 65 percent off. 

Cop: You can get the discounted price on all of Chronicle’s titles in travel, literature, food and drink, etc. We are particularly intrigued by the new NPR book, though the book of Andy Warhol fashion sketches may be better suited to your hypothetical vacay.

April 11-12, 9am-7pm; April 13, 10am-3pm, free. Chronicle Books warehouse, 680 Second St., SF. www.chroniclebooks.com

Airbnb’s tax and tenant law violations headed for hearings

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As Airbnb continues to avoid making any public comment on the $1.8 million annual Transient Occupancy Tax obligation to the city that it appears to be dodging, with the complicity of the Mayor’s Office, Board of Supervisors President David Chiu is getting closer to introducing legislation to regulate so-called “shared housing” and holding public hearings on the issues it raises.

In addition to the tax issue, there are concerns that Airbnb, VRBO.com, and other Internet-based sites that facilitate short-term rentals of San Francisco apartments are increasingly being used to circumvent local tenant protections, often after evicting tenants from the apartments using the Ellis Act. That state law allows owners to leave the rental business and convert to other uses, and landlords can argue that Airbnb is a commercial use and not a residential use.

“I’ve been deep into a lot of these issues in my conversations with a lot of community stakeholders around Airbnb and the area of shareable housing and I’m hoping very soon to have a package of proposals in this area. And at that point, we’ll have public hearings on the topics that you describe,” Chiu told us when we asked about the tax and tenants issues.

Among those involved in Chiu’s negotiations with Airbnb is Ted Gullicksen, executive director of the San Francisco Tenants Union, who says the negotiations have been slow-going but he’s generally happy with how they’re proceeding and hopeful that the resulting legislation will rein in rampant current abuses of zoning, tax, and other regulations that city officials have been ignoring.

“All you have to do is sit in front of the computer for a few hours and you can identify a lot of the lawbreakers. But there’s no enforcement by the city,” he said, noting that the Tax Collector’s Office is the notable exception among city departments, such as the Planning and Building departments. “The taxes shouldn’t even be an issue because they’re illegal uses.”

For example, while landlords may be able to get around rental restrictions triggered by an Ellis Act eviction by calling the use for shared housing websites “commercial,” that’s usually a violation of local planning codes prohibiting commercial use of residential property. Chiu’s legislation approved late last year banning “hotelization,” in which entire apartment buildings are cleared of tenants and rented out on a short-term basis, allows nonprofit groups like the Tenants Union to help enforce the ban.

“We’ve been researching the buildings we want to go after with complaints and lawsuits,” Gullicksen said. “It’s a pretty widespread problem.”

He said the VRBO.com appears to be a bigger culprit in terms of being used by landlords to avoid tenant protections than Airbnb, whose hosts are evenly split between tenants and landlords. But as the biggest shared housing service in San Francisco, the tax issues are bigger for Airbnb and the city.

“We don’t mind the limited use of someone’s principal residence for short-term rental, where we’re concerned is about the whole buildings,” Gullicksen said.

Whether the issue is avoiding taxes or circumventing tenant protections, the complicated issues surrounding shared housing are long overdue for some public discussions and scrutiny, and it sounds like that’s what we’re see later this spring or summer.

No golden years for LGBT seniors

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According to studies, queer seniors are poorer than their straight counterparts. They’re half as likely to have health insurance, and two-thirds as likely to live alone. Not to mention facing discrimination in medical and social services, retirement homes, and nursing care facilities. So much for the “golden years.”
Here in San Francisco, LGBT seniors face another grave threat: evictions. Many of our elderly live in rent-controlled apartments that are targeted by real-estate speculators and investors out to make big bucks turning them into tenancies-in-common.

With median rents close to $3,000 a month and vacancy rates low, the odds are pretty good that an evicted senior won’t find an affordable place in the city. For a senior with AIDS, an eviction is especially threatening since our city offers the best treatment and services. Studies show that people with AIDS who lose their apartments tend to die sooner, especially if they become homeless. 

The only LGBT organization that actually addresses the housing needs of queer seniors is Open House. Its 110 units at 55 Laguna will be the first affordable queer senior housing development in the city. I hope it’s not the last. As for seniors with AIDS, there’s only one AIDS organization in the vast list of groups and services — the AIDS Housing Alliance — that actually finds housing for its clients. It was started by Brian Basinger, a gay man with AIDS, after he was evicted and his apartment was sold as a TIC.

No one knows how many LGBT seniors have been, and are being, evicted. Ditto for how many seniors with AIDS end up on the streets. We also don’t have stats on how many transgender seniors are victims of real estate greed or live in absolute terror of losing their homes. 

The Rent Board doesn’t break down its eviction stats by sexual orientation or even age. The city’s homeless count doesn’t mention if someone’s queer or transgender. There is no way to determine how many LGBT seniors live in SROs or with life-threatening conditions such as mold or lack of heat. Or how many live in homes that have been — or are being — foreclosed.

That’s why the housing subcommittee of the city’s LGBT Aging Policy Task Force is holding a hearing into the housing needs and concerns of queer seniors. Information is power.

All LGBT seniors — housed and homeless — are invited to come testify about their housing issues. Whether they live in an SRO or a home that they own, whether they sleep in a shelter or a rent-controlled apartment, whether they’re in a subsidized unit or an illegal in-law, the subcommittee wants to hear from them about their concerns and needs.

The subcommittee will ultimately be making recommendations that will be included in a task force report on what the city can do to address LGBT issues.
LGBT seniors deserve their golden years.

The hearing is Monday, April 1, 9am to 12 noon, room 416, City Hall. Written testimony accepted. For more info, call Tommi at 415-703-8634.
Tommi Avicolli Mecca is a longtime queer and tenants rights/affordable housing activist who works for Housing Rights Committee. He is a member of the LGBT Aging Policy Task Force.

The “mystery” of the homeless families

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The Chron’s having a hard time figuring out why there are so many more homeless families looking for help.

“It’s been difficult to pin down any kind of trend,” said Elizabeth Ancker, assistant program director at the nonprofit Compass Connecting Point, the group that manages the waiting list and helped find Bailey a shelter room. “We’re really just seeing more of everybody – every demographic, in every situation.”

No shit.

Of course there are more homeless families. The cost of housing is beyong the reach of even many full-time employed people, and anyone who lacks a sizable weekly paycheck is completely out of luck. When dozens of high-paid workers are competing for every single available apartment, there’s no room at all for anyone else.

And more and more families are losing their homes to eviction as landlords seek to cash in on the demand for tenancy-in-common units.

Gavin Newsom calls it “the burden of success.” But it’s not a burden for the successful; it’s a burden for those who are struggling — and this city has never asked the winners in the economic boom to pay a fair share to help those who are being displaced and hurt.

The city’s scrambling to find public-housing and nonprofit alternatives, but there aren’t anywhere near enough places to meet the need. And there won’t be, not for a long time, not without a whole lot more money. Building affordable housing is expensive and time-consuming.

The bottom line: In a crisis like this one, the cheapest affordable housing is existing affordable housing, and the best way to prevent homelessness and keep families off the streets is to prevent evictions and TIC/condo conversions. Why the Chron can’t figure that out is anyone’s guess.

Earthquake safety legislation could hit renters hard

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Pending legislation that would require seismic retrofitting of thousands of properties at the building owners’ expense could hit renters harder than anyone, causing evictions and increasing rents by up to 10 percent, impacts that tenant advocates are trying to get the Mayor’s Office and sponsoring Supervisors David Chiu and Scott Wiener to address.  

As stated in the Earthquake Safety Implementation Program (ESIP) Workplan, retrofit costs are expected to range from $10,000 to $20,000 per dwelling unit. In a five-unit building, this could add up to as much as $100,000. According to a public statement by Mayor Ed Lee, before the first retrofit is required, they will “develop financial incentives and assistance programs to help defray costs for property owners.”

But with apartment owners allowed to pass the cost of the work on to their tenants — a class of San Franciscans already being hit with rising rents, a wave of evictions, and legislation that would encourage more conversation of apartments into condos — this earthquake safety measure could make their situation even worse.

“We have concerns about this, mainly that landlords will be able to pass on the costs to tenants and that landlords will use it as a pretext to evict long-term tenants with affordable rents, so we’ll be working to increase tenant protections in this plan,” says Ted Gullicksen from the San Francisco Tenants Union.

According to the San Francisco Rent Board (SFRB) website, for seismic work that is required by law, 100 percent of the capital improvement cost may be passed through to the tenants, regardless of property size, over a period of 20 years. The increases are subject to an annual limitation of 10 percent of the tenant’s base rent. Gullicksen says that rent increases will be up to $100 a month for many tenants, which is on top of the annual 1.9 percent increase landlords are allowed to impose in rent-controlled apartments.

Another worry for long-term tenants is the possibility of eviction. The SFRB also states some of the just cause evictions these landlords could use would be “…non-payment or habitual late payment of rent… to perform capital improvements which will make the unit temporarily uninhabitable while the work is being done, and… to perform substantial rehabilitation of a building that is at least 50 years old, provided that the cost of the proposed work is at least 75 percent of the cost of new construction.” This would mean rent increases and nearly any construction could be the reason a long-term tenant would be evicted.

This seismic retrofitting could drive up rent prices around the city and be one more obstacle tenants have to face. As Gullicksen said, “I think the mayor and sponsors don’t understand the impact this will have on tenants, so we will look to educate them and press for amendments to lower the rent increases.”

No sympathy for TICs

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Got a fascinating letter from a local lawyer named Richard Hurlburt, who has some thoughts on the TIC-condo conversion legislation sponsored by Sups. Scott Wiener and Mark Farrell. He writes:

I’m a tenant’s rights lawyer and real estate broker. Whenever possible I help tenants facing eviction buy their TIC units. I also own and reside in a TIC unit. My building has twelve units and would not be affected by the proposed law.

I just read the actual text of the legislation sponsored by Sups. Farrell & Wiener and I’m against it.

TIC financing isn’t that difficult anymore. Fractional loans are the norm and not that much more expensive than condominium loans. It does cost a little more to finance a TIC, but the units cost less to begin with. So I don’t really see a hardship on the part of TIC owners who generally have smaller mortgages because they paid less for their units to start with.

The supposed $20,000 per unit condo conversion impact fee to benefit low-income housing is largely illusory. The proposed law contains a reduction for each year the building has participated in the lottery, so a building that participated in the lottery for five years, which is the majority, would get an 80% reduction and pay only $4,000.

Although the law would provide lifetime leases for the few tenants occupying converted units, this benefit is seriously disproportionate. For the tenants getting lifetime leases, good for them but that is a huge windfall for a very few lucky individuals. For tenants generally the legislation is actually quite bad. Once any of the affected units becomes vacant, all future tenants would be exempt from the rent increase protections of the Rent Ordinance. And allowing certain owners to bypass the condo lottery will only encourage more Ellis-TIC conversions.

 

An Ellis Act boycott list

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Jeremy Mykaels, who is featured in our story this week on Ellis Act evictions, is fighting back with his reseach and web-developer skills: He’s put together a site, ellishurtsseniors.org, that details not only his story and the overall plight of tenants but lists every Ellis Act eviction involving seniors or disabled people, the address, the name and contact info. for the landlord — and a call for potential TIC buyers to avoid those properties.

I hope this gets circulately widely — and that people buying property consider the human costs of eviction.

Out of place

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news@sfbg.com 

In his State of the City address last week, Mayor Ed Lee cheerfully characterized San Francisco as “the new gravitational center of Silicon Valley.” He touted tech-sector job creation. “We have truly become the innovation capital of the world,” Lee said, “home to 1,800 tech companies with more than 42,000 employees — and growing every day.”

From a purely economic standpoint, San Francisco is on a steady climb. But not all residents share the mayor’s rosy outlook. Shortly after Lee’s speech, renowned local author Rebecca Solnit published her own view of San Francisco’s condition in the London Review of Books. Zeroing in on the Google Bus as a symbol of the city’s housing affordability crisis, she linked the influx of high-salaried tech workers to soaring housing costs. With rents trending skyward, she pointed out, the dearth of affordable housing is escalating a shift in the city’s cultural fabric.

“All this is changing the character of what was once a great city of refuge for dissidents, queers, pacifists and experimentalists,” Solnit wrote. “It has become increasingly unaffordable over the past quarter-century, but still has a host of writers, artists, activists, environmentalists, eccentrics and others who don’t work sixty-hour weeks for corporations — though we may be a relic population.”

LIMITED OPTIONS

The issue of housing in San Francisco is highly emotional, and there is perhaps no greater flashpoint in the charged debate than Ellis Act evictions.

When the housing market bounces upward, Ellis Act evictions tend to hit long-term tenants whose monthly payments, protected by rent control, are a comparative bargain. Even if they’ve submitted every payment on time and upheld every lease obligation for 20 years, these renters can find themselves in the bind of being forced out.

And they don’t just lose their homes; often they lose their community. San Francisco has become so expensive that many Ellis Act victims are tossed out of this city for good.

Enacted in 1986, the state law allows a landlord to stop renting units, evict all tenants, and sell the building for another purpose. Originally construed as a way for landlords to “go out of business” and move into their properties, the Ellis Act instead gained notoriety as a driving force behind a wave of evictions that slammed San Francisco during the tech boom of the late 90s. Between 1986 and 1995, just 29 Ellis evictions were filed with the San Francisco Rent Board; in the 1999-2000 fiscal year alone, that number ballooned to a staggering 440.

Under the current tech heyday, there are indications that Ellis Act evictions are gaining fresh momentum. The San Francisco Rent Board recorded 81 this past fiscal year, more than double that of the previous year, and there appears to be an upward trend.

TIC CONTROVERSY

Buildings cleared via the Ellis Act are typically repackaged as tenancies-in-common (TIC), where several buyers jointly purchase a multi-unit residence and each occupy one unit. Realtors often market TICs as a path to homeownership for moderate-income individuals, creating an incentive for buyers to enter into risky, high-interest shared mortgages in hopes of later converting to condos with more attractive financing.

The divide between TIC owners and renters came into sharp focus at a contentious Jan. 28 hearing, when a Board of Supervisors committee met to consider legislation that would allow some 2,000 TIC units to immediately convert to condos without having to wait their turn in a requisite lottery system.

One TIC owner said he was financially burdened, but had only entered into the arrangement because “I wanted to stay here and raise my family, but we couldn’t afford a single family home.” Yet tenants brought their own set of concerns to the table, saying the temptation to create TICs was putting a major dent in the city’s finite stock of rent-controlled units — the single greatest source of affordable housing in San Francisco.

“My feeling is, let’s stop doing TICs,” Tommi Avicolli Mecca, a tenants right activist with the Housing Rights Committee, told the Guardian following the hearing. “The city has to just start making sure that the condos that are built are the kind of thing [TIC buyers] can afford. Instead, we cannibalize our rental stock? That’s a reasonable way? You evict one group of people to house another: How does that make sense?”

The grueling five-hour hearing illustrated the sad fact that San Franciscans in a slightly better economic position were being pitted against economically disadvantaged renters. The two groups were bitterly divided, and all seemed weary, furious, and frustrated by their housing situations.

The condo-conversion legislation, co-sponsored by Sups. Scott Wiener and Mark Farrell, did not move forward that day. Instead, Board President David Chiu made a motion to table the discussion until Feb. 25, to provide time for “an intensive negotiation process.” Chiu, who rents his home, added: “While I myself would like to become a homeowner someday … I do not support the legislation in its current form.”

Sup. Jane Kim sought to appeal to the tenants as well as the TIC owners. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said. She hinted at what a possible alternative to might look like. “We should be looking at a ban of scale,” she said. “If we allow 1,800 potential units to go thru this year, are we willing to do a freeze for the next 8 to 10 years?”

It’s unclear what will happen in the next few weeks, but if this legislation makes it back to the full board in some form, the swing votes are expected to be Sups. London Breed, Malia Cohen and Norman Yee.

CASH OR EVICTION?

New protections were enacted following the late-90s frenzy to discourage real-estate speculators from using the Ellis Act to turn a profit on the backs of vulnerable seniors or disabled tenants. Yet a new wave of investors has discovered they can persuade tenants to leave voluntarily, simply by offering buyouts while simultaneously wielding the threat of an Ellis Act eviction. “The process got more sophisticated,” explains San Francisco Rent Board Deputy Director Robert Collins.

Once a tenant has accepted a check in lieu of eviction, rent-controlled units can be converted to market rate, or refurbished and sold as pricey condos, without the legal hindrances of an eviction blemish. Buyouts aren’t recorded with the Rent Board, and the agency has no real guidance for residents faced with this particular dilemma. “We don’t have the true number on buyouts,” says Mecca. “We don’t know how many people have left due to intimidation.”

Identity-wise, renters impacted by the Ellis Act defy categorization. A contingent of monolingual Chinese residents rallied outside City Hall recently to oppose legislation they believed would give rise to evictions; in the Mission, many targeted tenants are Latinos who primarily speak Spanish. From working immigrants, to aging queer activists, to disabled seniors, to idealists banding together in collective houses, the affected tenants do have one thing in common. When landlords or real-estate speculators perceive that their homes are more valuable unoccupied, their lives are susceptible to being upended by forces beyond their control.

The upshot of San Francisco’s affordability crisis is a cultural blow for a city traditionally regarded as tolerant, forward thinking, and progressive. In the words of Rose Eger, a musician who faces an Ellis Act eviction from her apartment of 19 years, “it changes the face of who San Francisco is.

Out of the Castro

By Tim Redmond

You can’t get much more Castro than Jeremy Mykaels. The 62-year old moved to the neighborhood in the early 1970s, fleeing raids at gay bars in Denver. He played in a rock band, worked at the old Jaguar Books, watched the rise of Harvey Milk, saw the neighborhood transform and made it his home.

He’s lived in a modest apartment on Noe Street for 17 years, and for the past 11 has been living with AIDS. Rent control has made it possible for Mykaels, who survives on disability payments, to remain in this city, in his community, close to the doctors at Davis Hospital who, he believes, have saved his life.

And now he’s going to have to leave.

In the spring of 2011, his longtime landlords sold the building to a real-estate investment group based in Union City — and the new owners immediately sought to get rid of all the tenants. Two renters fled, knowing what was coming; Mykaels stuck around. In September of 2012, he was served with an eviction notice, filed under the state’s Ellis Act.

He’s a senior, he’s disabled, his friends are mostly dead and his life is in his community — but none of that matters. The Ellis Act has no exceptions.

Mykaels spent a fair amount of his life savings fixing up his place. The walls are beige, decorated with nice art. Dickens the cat, who is chocolate brown but looks black, wanders in and out of the small bedroom. Mykaels has been happy there and never wanted to leave; “this,” he told me, “is where I thought I would live the rest of my life.”

There’s no place in the Castro, or even the rest of the city, where he can afford to move. Small studios start at $2,500 a month, which would eat up all of his income. There is, quite literally, nowhere left for him to go.

“A lot of my friends have died, or moved to Palm Springs,” he said. “But this is where my doctors are and where I’m comfortable. I’m not going to find a support system like this anywhere else in the world.”

Mykaels is the face of San Francisco, 2013, a resident who is not part of the mayor’s grand vision for bringing development and high-paying jobs into the city. As far as City Hall is concerned, he’s collateral damage, someone whose life will have to be upended in the name of progress.

But Mykaels isn’t going easily. The former web designer has created a site — ellishurtsseniors.org — that lists not only his address (460 Noe) and the names of the new owners (Cuong Mai, William H. Young and John H. Du) but the addresses of dozens of other properties that are facing Ellis Act evictions. His message to potential buyers: Boycott.

“Do not buy properties where seniors or the disabled have been evicted for profit by real estate speculators using the Ellis Act,” the website states.

Mykaels is a demon researcher — his site is a guide to 31 properties with 94 units where seniors or disabled people are being evicted under the Ellis Act. In some cases, individuals or couples are filing the eviction papers, but at least 14 properties are owned by corporations or trusts.

Mai told me that he knew a disabled senior was living in the building when he and his two partners bought it, but he said his plan all along was to evict all the tenants and turn the three-unit place into a single-family house. He said he hasn’t decided yet whether to sell building; “I might decide to live there myself.” (Of course, if he wanted to live there himself, he wouldn’t need the Ellis Act.)

Mai said he “felt bad about the whole situation,” and he had offered to buy Mykaels out. The offer, however, wouldn’t have covered more than a few months of market rent anyplace else in the Castro.

By law, Mykaels can stay in his apartment until September. If he can’t stave off the eviction by then, San Francisco will lose another longtime member of the city community.

 

Dark days in the Inner Sunset

By Rebecca Bowe

The living room in Rose and Willie Eger’s Inner Sunset apartment is where Rose composes her songs and Willie unwinds after playing baseball in Golden Gate Park. Faded Beatles memorabilia and 45 records adorn the walls, and a prominently displayed poster of Jimi Hendrix looms above a row of guitar cases and an expansive record collection.

It’s a little worn and drafty, but the couple has called this 10th Ave. apartment home for 19 years. Now their lives are about to change. On Jan. 5, all the tenants in their eight-unit building received notice that an Ellis Act eviction proceeding had been filed against them.

“The music that I do is about social and political things,” explains Rose, dressed from head-to-toe in hot pink with a gray braid swinging down her back. Determined to derive inspiration from this whole eviction nightmare, she’s composing a song that plays with the phrase “tenants-in-common.”

Cindy Huff, the Egers’ upstairs neighbor, says she began worrying about the prospect of eviction when the property changed hands last summer. Realtor Elba Borgen, described as a “serial evictor” in online news stories because she’s used the Ellis Act to clear several other properties, purchased the apartment building last August, through a limited liability corporation. The notice of eviction landed in the mailbox less than six months later. (Borgen did not return Guardian calls seeking comment.)

“With the [average] rent being three times what most of us pay, there’s no way we can stay in the city,” Huff says. “The only option we would have is to move out of San Francisco.” She retired last year following a 33-year stint with UCSF’s human resources department. Now, facing the prospect of moving when she and her partner are on fixed incomes, she’s scouring job listings for part-time work.

The initial notice stated that every tenant had to vacate within 120 days, but several residents are working with advocates from the Housing Rights Committee in hopes of qualifying for extensions. Huff and the Egers are all in their fifties, but some tenants are seniors—including a 90-year-old Cuban woman who lives with her daughter, and has Alzheimer’s disease.

Willie works two days a week, and Rose is doing her best to get by with earnings from musical gigs. Both originally from New York City, they’ve lived in the city 35 years. When they first moved to the Sunset, it resembled something more like a working-class neighborhood, where families could raise kids. The recent tech boom has ushered in a transformation, one that Rose believes “changes the face of who San Francisco is.” Willie doesn’t mince words about the mess this eviction has landed them in. “I call it ‘Scam-Francisco,'” he says.

The trio recently joined tenant advocates in visiting Sup. Norman Yee, their district supervisor, to tell their stories. Yee, who is expected to be one of the swing votes on an upcoming debate about condo-conversion legislation vehemently opposed by tenant activists, reportedly listened politely but didn’t say much.

As for what the next few months have in store for the Egers? “I can’t really visualize the outcome,” Rose says. “I can only visualize the day-to-day fight. And that’s scary.”

 

Fighting for a home in the Mission

By Tim Redmond

Eleven years ago, Olga Pizarro fell in love with Ocean Beach. A native of Peru who was living in Canada, she visited the Bay Area, saw the water and decided she would never leave.

Fast forward to today and she’s built a home in the Mission, renting a small room in a basement flat on Folsom Street. The 55-year-old has lived in the building for eight years; polio has left her wearing a leg brace and she can’t climb stairs very well, but she still rides her bike to work at the Golden Gate Regional Center. She’s a sociologist by training; the walls in her room are lined with bookshelves, with hundreds of books in Spanish and English.

The place isn’t fancy, and it needs work, but it’s hard to find a ground-floor apartment in the Mission that’s affordable on a nonprofit worker’s salary. Since 2011, when she moved in, she and her three housemates have been protected by rent control. And Pizarro’s been happy; “I love the neighborhood,” she told me.

The letter warning of a pending eviction arrived Jan. 16. A new owner of the building wants to turn the place into tenancies in common and is prepared to throw everyone out under the Ellis Act. There’s no place else in town for Pizarro to go.

“I’ve looked and looked,” she said. “The cheapest places are $2,500 a month or more. Maybe I’ll have to move out of the city.”

Pizarro’s building is owned by Wai Ahead, LLC, a San Francisco partnership registered to Carol Wai and Sean Lundy. I couldn’t reach Wai or Lundy, but their attorney, Robert Sheppard, had plenty to say. “San Francisco is going the way of New York,” he told me. “Manhattan is full of co-ops that used to be rentals, and lower-income people are moving to Brooklyn and Queens. That’s happening here with Oakland and further out.” He argued that TICs, like co-ops, provide home-ownership opportunities for former renters.

Sheppard, who for years represented tenants in eviction cases, said the Ellis Act is law, and America is a capitalist country, and “as long as there is a private housing market, there will be shifts of people as the housing market shifts.” He agreed that it’s not good for lower-income people to lose their homes, but “the poor will always be hurt by a changing economy. It’s called evolution.”

Pizarro told me she’s shocked at how expensive housing has become in the Mission. “It’s gotten so gentrified,” she said. “People show up in their BMWs. It’s starting to feel very isolated.”

She’s fighting the eviction. “I didn’t intend it to be this way,” she explained. “I just want to live here.” Lacking any family in the area, the Mission has become her community — “and I’m frustrated by the violence of how expensive it is.”

 

Affordability goes out of style

By Rebecca Bowe

Hester Michael is a fashion designer, and her home doubles as a project space for creating patterns, sewing custom clothing, weaving cloth, and painting. She’s lived in her Outer Sunset two-bedroom unit for almost two decades, but now she faces an Ellis Act eviction. Michael says she initially received notice last June. The timing was awful -– that same month, her husband passed away after a long battle with terminal illness.

“I’ve been here 25 years. My friends are here, and my business. I don’t know where else to go, or what else to do,” she says. “I just couldn’t picture myself anywhere else.”

Michael rents the upstairs unit of a split single-family home, a kind of residence that normally isn’t protected by rent control. Yet she leased the property in 1994, getting in under the wire before that exemption took effect. Since she pays below-market-rate rent in a home that could be sold vacant for top dollar, a target was essentially inscribed on her back when the property changed hands in 2004. That’s about when her long battle with the landlords began, she says.

From the get-go, her landlords indicated that she should look for a new place, Michael says, yet she chose to remain. The years that followed brought things falling into disrepair, she says, and a string of events that caused her feel intimidated and to fear eviction. Finally, she consulted with tenant advocates and hired an attorney. A complaint filed in superior court alleges that the property owners “harassed and retaliated [Michael] when she complained about the defective and dangerous conditions …telling [her] to move out of the property if she did not like the dangerous conditions thereat … repeatedly making improper entries into [the] property, and wrongfully accusing [her] of causing problems.”

Records show that Angela Ng serves as attorney in fact for the property owner, Ringo Chung Wai Lee. Steven Adair MacDonald, an attorney who represents both landlords and tenants in San Francisco housing disputes, represents the owners. “An owner of a single family home where the rent is controlled and a fraction of market has virtually no other choice but to terminate the tenancy,” MacDonald said when the Guardian reached him by phone. “They’ve got to empty it, and the only way to empty it is the Ellis Act.”

While Michael received an extension that allows her to remain until June 5, she fears her custom sewing business, Hester’s Designs, will suffer if she has to move. There’s the issue of space. “I have so much stuff in this house,” she says. And most of her clients are currently located close by, so she doesn’t know where her business would come from if she had to relocate. “A lot of my clients don’t have cars,” she says, “so if I live in some suburb in the East Bay, forget it. I’ll lose my business.”

The prospect of eviction has created a major dilemma for Michael, who first moved to San Francisco in 1987. While moving to the East Bay seems untenable, she says renting in San Francisco feels out of reach. “People are renting out small, tiny bedrooms for the same price as I pay here,” she says. With a wry laugh, she adds: “I don’t think there’s any vacant apartments in San Francisco -– unless you’re a tech dude and make seven grand a month.”

Housing stability for all

9

OPINION San Francisco is in the midst of a housing affordability crisis. It’s way too expensive to live here, and for those fortunate enough to have housing they can afford, we need to provide stability. This need for housing stability applies to renters as well as homeowners. If we’ve learned anything from the foreclosure crisis, homeowners are not all rich, and they are not all stable in their housing.

Last week’s Guardian argued against legislation I’m co-sponsoring, which provides one-time relief to owners of tenancies-in-common (TICs) — mostly middle- and working-class first-time homeowners who reside in their units — while providing strong protection to renters. While the editorial correctly stressed the need to support rent control, it failed to acknowledge the need to support housing stability for homeowners as well.

Rent control is one of the pillars of our city. It stabilizes housing prices, recognizes that housing isn’t just another commodity, keeps communities intact, and helps maintain San Francisco’s diverse fabric. I’ve long supported rent control, as reflected by my voting record. I supported a series of rent control measures designed to reduce evictions, including requiring sales disclosure of a unit’s eviction history, requiring increased relocation benefits to evicted tenants, outlawing harassment of tenants, and restricting use of the Ellis Act by real-estate speculators. As a member of the Board of Supervisors, I authored successful legislation to ban conversion of rent-controlled units to student dorms and to provide temporary affordable units to renters displaced by disasters.

The current legislation I’m co-sponsoring will provide needed relief to struggling TIC owners, many of whom are experiencing serious financial distress, while protecting the small number of tenants who live in these units. TIC owners have group mortgages, meaning that if one owner defaults, all owners default. They pay double the interest rate other homeowners pay and usually cannot refinance. The legislation will allow them to convert their units to condos and obtain their own mortgages, at lower rates and less foreclosure risk.

While some caricature TIC owners as speculators and wealthy people, that’s untrue. Many TIC owners are quite middle class, former renters who scraped together a down payment to purchase a home. Many are teachers, social workers, public employees, and other workers who are anything but speculators. These are people who, if they didn’t own TICs, would be renting. They aren’t Martians who dropped out of the sky. They’re our neighbors, co-workers, and fellow San Franciscans. They are part of the city’s fabric.

Under the legislation, owner-occupied TICs that are in the condo lottery will be able to convert to condos by paying a fee of $20,000 per unit, with the proceeds dedicated to affordable housing. Buildings with Ellis Act and other problem evictions are typically prohibited from condo converting in San Francisco, under a 2006 law, and that restriction applies to this legislation. In other words, this legislation won’t encourage Ellis Act evictions. Moreover, buildings that aren’t owner-occupied can’t condo convert. Nor can buildings with more than six units. The legislation is one-time in nature and not an ongoing invitation to condo convert.

The legislation covers very few units with tenants — 85% are owner-occupied — and protects this small number of tenants by mandating they receive lifetime leases, with full rent and eviction controls identical to our rent control laws. This protection is stronger than what most tenants receive in buildings that win the condo lottery currently.

Renters and homeowners both deserve housing stability. This legislation moves us in that direction.

Supervisor Scott Wiener represents District 8.

 

Condo conversion legislation on hold for now

Following a contentious five-hour hearing, a committee of the Board of Supervisors postponed voting on a controversial housing proposal, and agreed to revisit the issue on Feb. 25. Over the next few weeks, opposing sides are expected to negotiate a possible alternative.

Authored by Sups. Scott Wiener and Mark Farrell, the proposed condo conversion impact fee would have allowed as many as 2,000 tenancy-in-common (TIC) units to be immediately converted to condos for a fee, allowing owners to bypass a housing lottery system that places an annual cap on conversions.

While TIC owners voiced frustration about the backlogged lottery system, tenants expressed fears that the legislation could give rise to a wave of Ellis Act evictions if landlords or speculators interpreted it as a signal that lucrative condo conversion would be easier to achieve.

Prior to the hearing, a group of tenants gathered in front of City Hall in a show of opposition to the condo-conversion legislation, waving signs that read, “Stop the Attack on Rent Control.”

“The reality is, if this legislation passes, there will be more evictions in San Francisco,” said Tommi Avicolli Mecca of the Housing Rights Committee, who spoke at the rally.

Tenant advocates worry that the legislation would result in a permanent loss of affordable, rent-controlled units from the city’s housing stock, at a time when rents are soaring. When landlords rent out their condos or TICs in San Francisco, there’s a key difference: TICs are covered by rent control, but condos are exempt.

“I’ve been evicted three times,” one woman said while addressing members of the Land Use & Economic Development Committee. “I know so many people who have gotten evicted. I don’t know anyone who’s won their case against eviction.”

During the hearing, Farrell adopted a defensive tone against critics who’d described the proposal as an attack on rent control. “The tactics that these opponents have deployed is out of line,” he said. To assuage concerns, he noted that he and Wiener had included a provision guaranteeing lifetime leases for existing tenants in units that qualified for condo conversion under the program.

But Sup. Jane Kim drilled down on this detail, questioning whether such an agreement would be legally enforceable in the long run. In response, a representative from the City Attorney’s office said he thought the provision was on solid legal ground, but noted that the specific matter “has not been litigated before,” meaning there is still a question as to whether it could withstand a court challenge. When Kim asked if any funding was set aside to enforce these lifetime leases, the response was “no.”

Board President David Chiu proposed holding off on a vote for several weeks. “I do not support the legislation in its current form,” he said. If the current generation of TIC owners were allowed to convert this time, he explained, the next generation’s frustrations with the housing lottery would only “lead us back to an identical debate in a short period of time.”

Kim echoed this point. “My concern was that … folks were looking at this legislation as an ice-break for more condo conversion,” she said just after a public comment session that lasted several hours. And she acknowledged that there is a larger problem to consider. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said.

Ed Lee’s State of the City: What evictions? What displacement?

196

Mayor Ed Lee punctuated his State of the City speech with a nice little quip: “Every San Franciscan deserves a clean, safe place to call home.” I agree.

So why, in a speech lasting more than an hour, did the mayor not once mention that thousands of San Franciscans are facing the loss of their homes — and will be forced out of the city — because of the same policies that he’s proudly promoting?

These things are always self-congratualtory and full of the requisite bullshit. But Lee’s description of the State of the City was nothing more than a fantasy to the two-thirds of San Franciscans who live in rental housing, many of whom are living with an unacceptable level of insecurity. Much of the city’s rental stock — and the effectiveness of rent control — is at risk at speculators are buying up properties, tossing the tenants out with the Ellis Act, and converting them to tenancies in common. This is a massive civic crisis, brought on in part by the boom in tech jobs and the consequent boom in high-paid young people who want to live in a city that has virtually no vacant housing.

We saw this before, under Mayor Willie Brown; we called it the Economic Cleansing of San Francisco. It was awful, and it’s happening again.

But you wouldn’t know that to hear the mayor completely ignore the issue.

Oh, Lee gave it a toss-off line; gee, the rent is too high, but we can’t ignore the laws of supply and demand. Gee, we’re going to build 45,000 new housing units, and that will fix everything.

But Lee, of all people, ought to know that housing in San Francisco has never followed the laws of supply and demand. This is a highly irregular market, because demand is essentially unlimited. Housing fills us as fast as you build it. And none of the new housing that’s currently under construction or in the pipeline will be affordable to current SF residents who live in rent-controlled units and are at risk for eviction.

When you’re evicted under the Ellis Act in San Francisco today, to make room for someone with more money, you wind up having to leave the city. That’s the bottom line. And everywhere you turn, tenants are facing that ugly prospect.

The mayor spent much of his time talking about jobs. That’s fine; he’s proud that the unemployment rate in the city has fallen to 6.5 percent, but he insists he won’t rest until everyone has a job. Actually, most economists would say that’s impossible; capitalism, by its nature, exists with a structural unemployment rate that rarely falls below 4 percent. In fact, 4 percent is generally considered “full employment.”

More important, the overall rate is 6.5 percent, but it’s way higher for people without college degrees, for youth, and for African Americans. (It’s above 50 percent for transgender people.) The tech boom isn’t providing jobs for all of the unemployed current San Francisco residents; a lot of the jobs are going to people who don’t live here and are moving here for employment. They are putting pressure on the existing housing stock. That always leads to displacement.

None of this is to say that tech jobs are bad or that we shouldn’t have companies that pay high wages locate in San Francisco. What it means is that the city first has to protect its existing vulnerable populations — and that’s not happening.

I would encourage Mayor Lee to talk to the Housing Rights Committee, or the Tenderloin Housing Clinic, or any of the other tenant lawyers who are fighting desperately every day to state off evictions. He’d get a very different picture of the state of the city.

TIC legislation is a rent control issue

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OPINION If legislation introduced by Supervisors Scott Wiener and Mark Farrell passes the Board of Supervisors next month, up to 2,000 tenancies in common will be allowed to bypass the lottery process and convert to condominiums.

Add those to the nearly 6,000 conversions that have occurred from 2001-2011 (according to stats from the Department of Public Works), and you have a sizable chunk of rent-controlled units that will have been yanked from our housing stock in the past decade or so in a city that can’t afford to lose rental units, especially those that preserve affordability while tenants live in them. TICs are still under rent control; condos lose it when they’re sold.

Which makes the Wiener and Farrell legislation a rent-control issue. Not to mention a really bad idea at a really bad moment in time.

San Francisco’s perennial housing crisis can’t possibly get worse. Rents are the highest in the country — and still rising. The average rent in the city these days is $3,000. The vacancy rate is low.

Ellis Act evictions, a tool for creating TICs by allowing a landlord or speculator to circumvent just-cause eviction protections, are on the upswing. They’re not as high as they were at the height of the dot-com boom of the late 90s, but, considering that these days many landlords and speculators threaten tenants with Ellis or buy them out rather than do the dirty deed, the number of folks displaced for TICs is higher than what is recorded at the Rent Board. Some tenants have actually received letters from new landlords with two checkboxes — one for Ellis and the other for a buyout. Take your pick, which way do you want to be tossed out and possibly left homeless?

The folks being displaced are from every district and represent the diversity about which we always brag: longterm, generally low-income seniors, disabled people, people with AIDS, families, and people of color. And they’re less likely to find other apartments they can afford.

Wiener claims that buildings where there are evictions will not be eligible for conversion, but many of the TICs currently in the lottery, which will be eligible for conversion under the Wiener/Farrell legislation, were created by evictions. Almost 20 percent of the units in the pipeline were formed before legislation was put into place to restrict conversions if tenants are ousted. How many of the other 80 percent are the result of threats and buyouts, de facto evictions? Or were entered into the lottery even when they shouldn’t have been?

Brian Basinger, founder of the AIDS Housing Alliance, was evicted from his apartment for a TIC, yet his place was converted to a condo, despite the fact that he’s a protected tenant.

Allowing as many as 2,000 conversions not only diminishes the rent-controlled housing stock, but it also jacks up rents. Not to mention it gives speculators incentive to do more Ellis evictions or buyouts — after all, though Wiener and Farrell say this is a one-time only deal, once Pandora’s box is opened, it’s going to be hard to keep it shut. I think landlords and speculators know that.

The Housing Element of the City’s General Plan, adopted in 2009, instructs officials to “preserve rental units, especially rent controlled units, to meet the City’s affordable housing needs.”

This legislation won’t preserve rent-controlled units. It’s a bad fit for our city.

Tommi Avicolli Mecca, who’s worked for the Housing Rights Committee for 13 years, is a longtime queer tenants right/affordable housing advocate.

Eviction of activist/gardener squatters follows HANC’s eviction

55

About 20 activist gardeners were thrown out of the old Haight Ashbury Neighborhood Council (HANC) Recycling Center space today, when Sheriff’s Department deputies and four park rangers surrounded the old HANC site and ordered them to leave.

It’s the second eviction on the same site this winter, as the recycling center that has been there for over 30 years before being ousted by city officials responding to neighborhood complaints about low-income recyclers. HANC was initially evicted on Dec. 27. In the wake of its closure, about 20 or so renegade gardeners set up a campground with their own urban gardening center in the space — with free seeds, soil, mulch and borrowable gardening tools for the community. 

The gardeners, wrapped in sleeping bags and inside tents, had a rude awakening this morning around 6am. At least 30 members of the Sheriff’s Department, led by Sheriff Ross Mirkarimi, announced that they were trespassing and had five minutes to leave. 

“It was right at sun-up, and I was in my sleeping bag,” said Joash Bekele, a 28 year old environmental activist. “We thought they were coming [yesterday], we were up all night — worrying that they’d come.”

They didn’t have long to gather their gear, and a lot of their tools were left in the now locked HANC site, said Ryan Rising, one of the key organizers of the group. Most importantly, they lost their newly built miniature greenhouse, which they constructed themselves.

“A lot of this is about food justice,” Rising said. It’s a better alternative to the community garden that the Recreation and Parks Department (RPD) plans to build in the space, he said, because it would encourage community input in everything they do. 

“It would be a neighborhood space,” he said. 

RPD officials did not respond to emails before press time (UPDATED BELOW).

The group is now out on the sidewalk beside HANC, on Frederick Street. Along the fence of the old recycling center sits bags of soil and mulch, books on gardening, and a sign that reads “Welcome to the Golden Gate Recology Center.” 

The now-evicted gardeners answered questions about gardening from passers by, and offered tips on sustainable cooking and gardening to anyone who happens by with a question.

The group of “renegade gardeners” are meeting tonight to discuss their next plan of action, which may include staying on the sidewalk outside HANC, or finding a new space altogether, Rising said. 

The Sheriffs Department didn’t reach us by press time for comment (UPDATED BELOW), nor did Mirkarimi. A park ranger at the site, William Ramil, said that the eviction was a peaceful, orderly one.

As Ramil described the scene, we stood outside the locked gate to HANC. Three cars pulled up, a Lexus, a Saturn, and a Honda Hybrid, all customers looking for the recycling center.

Andrew Herwitz, behind the wheel of the Saturn, was surprised to see HANC closed. “Having places that are community-run are so important,” he said.

He said he was heading to the Safeway on Market Street with his recycling now, begrudgingly.

UPDATE 1/7: Sheriff’s Department spokesperson Kathy Gorwood disputed reports that there were about 30 deputies at the scene, but confirmed that the evictions were peaceful and with no arrests made, declining further comment. RPD spokesperson Sarah Ballard told us, “The Department is pleased to be moving forward with the neighborhood-supported plan for a community garden at the site.”

Was it a great year?

149

At noon Dec. 19, a group of about 50 housing activists led by the Housing Rights Committee gathered at 18th and Castro, next to the giant Shopping Season Tree, to discuss the wave of evictions tenants are facing at the end of 2012. Tommi Avicolli Mecca held up a list of 26 buildings that are currently being clear of tenants under the Ellis Act, a state law that allows landlords to evict all their tenants and sell the property as a single-family home or tenancies in common. With him was a long line of tenants who are facing holiday homelessness thanks to landlord greed.

“There are too many tenants being evicted to fit in front of the tree,” he said.

We heard story after story: A man living with AIDS facing the loss of his home after 17 years. A family being forced out after 18 years. Seniors, kids, disabled people … all of them almost certainly displaced from San Francisco.

“San Francisco is becoming a city of the rich, and we are being pushed aside,” said Lisa Thornton, who works at Rainbow Grocery and is losing her home.

“This,” Mecca said, “is an epidemic of evictions.”

And we all know why: As the second tech boom roars in to San Francisco, high-paid young workers are able to afford to buy TICs or single-family homes, and long-term rent-control-protected tenants simply can’t compete. It’s not a pretty pciture.

So I almost barfed when I say Randy Shaw’s glowing paen to Mayor Ed Lee. “San Francisco had one of its greatest years in 2012, as the city’s job growth and vibrancy outpaced nearly everywhere else,” he wrote.

Oh, gee, he says, there are some problems:

Few want San Francisco to become a city where only the rich and subsidized poor can live. But these same fears were felt in the 1980’s. When I was moving to San Francisco in 1979, the lines for vacant apartments were just as long and the competition for vacant units as fierce as what we read about in 2012. We couldn’t believe we had to pay $375 for a Mission one bedroom apartment, a rate that is less than half the cost of an SRO room without private bathroom today. San Francisco has long been an expensive city that keeps getting pricier.

So what — because we were worried about displacement in the 1980s means we shouldn’t be worried today? Those worries were real — gentrification of San Francisco neighborhoods has been rampant for decades. It’s changed the city, for the worse.

In the 1980s, Shaw was part of a broad coalition that fought to get rent control laws and eviction protections and limits on condo conversions. Now he’s acting as if none of that was worth the fight, as if protecting affordable housing wasn’t, and isn’t, the most critical issue in the city today.

A great year? Fantastic vibrancy and job growth? Not if you’re one of the growing numbers of people who are losing their homes to Ed Lee’s vision of economic development.

 

Sorry, Chuck — HANC eviction hasn’t happened

14

The eviction of the Haight Asbury Neighborhood Council’s recycling center, which critics of the center said was scheduled to take place Dec. 5, hasn’t happened – and it’s entirely possible that the center could keep operating for several more weeks.

At the end of the day Wednesday, the doors were open, the center was continuing business as usual – and the office of Sheriff Ross Mirkarimi, who is charged with carrying out the eviction, was telling reporters that Dec. 5 was never a firm deadline.

Kathy Gorwood, Mirkarimi’s chief of staff, told us that the law gives tenants five days from the service of an eviction notice before any law-enforcement action can take place. “But that’s not a legal mandate that we evict on the sixth day,” she said.

The notice was served Nov. 30.

Gorwood said all evictions are planned with officer safety, tenant hardships and staff scheduling in mind – and on Dec. 5, the sheriff wasn’t ready to move.

“We surveyed the property, the sheriff personally surveyed the property,” she said. “We can’t say, and we don’t say, when an eviction will take place.”

Gorwood said Mirkarimi wasn’t defying the law or refusing to carry out the eviction. But since there are likely to be protests, possibly civil disobedience, the deputies need to be prepared and the schedule set carefully.

Mirkarimi has a history of supporting HANC. As a former supervisor of District 5, which includes the Haight, he voted to urge SF Rec and Park to and find a solution to keep the center in Golden Gate Park. The vote was nonbinding. He clearly wants to avoid a nasty confrontation, and if he can find a way to work out a voluntary move-out, it’s likely he’ll take the time to negotiate it.

For the past ten years, The Department of Recreation and Parks has aggressively sought to oust HANC.  Finally, this fall, Rec-Park filed an eviction through the City Attorney’s Office
Interestingly, the “Notice to Vacate” served on the center was signed off by the City Attorney’s Office on September 14, 2012. However, the actual eviction date that SF Rec and Park requested was December 5, 2012.

Why wait three months to evict a center that Rec-Park has been trying to get rid of for a decade?

Jack Fong, a spokesperson for the City Attorney’s office, declined to say if there were any procedural or administrative reasons that an eviction notice given to the sheriff in September would take three months to go through.

We called Phil Ginsburg, director of Rec and Parks, and Sarah Ballard, its spokesperson, to ask about the time disparity. We did not hear back from them before press time.

But you don’t need to be a genius to figure it out — just look at what was happening in November. Ginsburg was pushing Proposition B, which secured $195 million in bonds to shore up neglected playgrounds and open spaces in San Francisco’s parks. The measure needed a two-thirds vote – and Rec-Park was nervous about any bad publicity.

The measure passed by a landslide. Butousting HANC, eliminating a revenue stream for the poor, the homeless, and working class people, would have been bad publicity leading up the November election.

The Small Business Commission is scrambling to notify businesses in the area of their possible new role without the recycling center — they could all either become mini-recycling centers, or
face a $100 a day charge from the state of California
.

Exactly how and when the commission will reach out to those affected will be discussed at the Small Business Commission’s December 10 meeting.

Regina Dick-Endrizzi, the executive director of the Small Business Commission, told us that one business in the SOMA, which she declined to name, faced three months worth of the $100-a-
day charge for not buying back recyclables from the state while trying to navigate applying for an exemption. Even after being granted the exemption, that’s a $9,000 charge, which for a small
liquor store or grocer is not chump change.

There’s a precedent for a San Francisco sheriff refusing to carry out an eviction notice. Sheriff Richard Hongisto, who later served on the board of supervisors for three terms, famously
refused to evict the Filipino and Chinese elderly tenants of the International Hotel in 1976. The scandal was even the subject of a documentary, “The Fall of the I-Hotel.

The International Hotel was sold to developers who were going to cast the elderly tenants out onto the street. News outlets as far flung as the New York and LA times wrote about the
mass eviction, and many consider it a black eye on San Francisco to this day.

In January 1977, Hongisto was jailed for five days for his refusal to evict the tenants. Eventually, he relented, leading a team of SWAT and other officers to clear the hotel of
protesters, and even swung an ax himself to bust open the hotel.

But this is a different situation: Mirkarimi hasn’t refused to follow the law, and in fact, Gorwood said that he has every intention of carrying out the eviction. The law, Mark Nicco, assistant counsel to the sheriff, told us, only says that an eviction has to happen in a timely manner – and there’s no definition of what that might be.

So if Ginsburg or the mayor think Mirkarimi is dragging his feet, the only recourse would be for Rec-Park to go to court and seek a judge’s order compelling the sheriff to evict the center in a stated period of time. All of which could take weeks.

So for the moment, HANC is still in business, Mirkarimi is avoiding an ugly eviction scene – and there’s still a chance for Rec-Park to come to its senses. But we’re not taking bets.

Additional reporting by Tim Redmond

Canned!

6

news@sfbg.com

So much for the holiday spirit.

In a win for the NIMBY neighbors of the Haight neighborhood, the Haight Ashbury Recycling Center was gifted with its final eviction notice, ordering it out on the street by the day this story goes to print, Dec. 5.

But those who hoped this eviction would rid the neighborhood of poor people recycling bottles and cans may be disappointed — and so might local small businesses that could face some unintended consequences of the move.

The site, run by the Haight Ashbury Neighborhood Council (HANC), houses a community garden, native plant nursery, and recycling center. HANC battled eviction for nearly a decade as newer neighborhood associations complained to the city, saying the center was too noisy and attracted too many homeless people.

The recycling center is located at the edge of Golden Gate Park behind Kezar stadium, and has been crushing cans and busting bottles since 1974.

The San Francisco Recreation and Park Department issued several eviction notices to HANC over the years, and the process seemed to drag on, but the eviction notice from the Sheriff’s Department on Nov. 28 is likely the last nail in the coffin.

“We’ve exhausted our legal options,” Ed Dunn, HANC’s director, told us.

Even Sup. Christina Olague, who has championed HANC as one of their few supporters on the current Board of Supervisors, said that the recycling center was done, although representatives from Sup. Eric Mar’s office told us they were still hopeful the eviction could be delayed long enough to relocate HANC somewhere else.

Olague told us that she’d talked to Mayor Ed Lee about the issue many times, and they discussed many options. But with the finality of the eviction notice, she said, “I just don’t know what we can do.”

 

COAL FOR CHRISTMAS

The recycling center’s employees will lose their jobs just at the start of the winter holiday season. “The notion that they’d put people out of work before Christmas was horrendous,” Dunn said.

What will happen to HANC’s 10 employees is up in the air. “I have no idea what I’ll do,” HANC employee Brian McMahon told us, lowering his orange protective headphones to talk. He’s worked there since 1989, and his last job was at a Goodwill store. “The quote under my high school yearbook picture says ‘take it as it comes,’ and that’s what I’m going to do.”

Susan Fahey, the sheriff’s media relations officer, declined to discuss the details of how the officers would handle the eviction, saying only that “we plan accordingly.”

A staff report prepared for the Recreation and Park Commission’s Nov. 20 meeting estimated that just 0.1 percent of San Francisco’s recycling tonnage is processed at HANC, according to a report by citizen journalist Adrian Rodriguez. The agenda also said that the Department of Environment was confident that recyclers would use other nearby sites instead.

But the customers at HANC that we talked to didn’t agree.

“I think it’s necessary they have the [recycling center] here,” HANC customer Eugene Wong told us. Wong lives in the Haight, and hauls in his recyclables every six months or so for some extra pocket money. As Wong and his friend Bob Boston spoke, one of their Haight Ashbury neighbors, Rory O’Connor, surprised them as he walked up.

“Just droppin’ off my beer cans, man,” O’Connor said. Asked if he would make his way out to the Bayview recycling center when HANC closed, he said, “You’ll spend more on gas than you would even get back.”

There were quite a few neighborhood locals there that day, and more people drove into the recycling center than there were people pushing shopping carts. But it’s the folks with the shopping carts that had HANC’s opponents up in arms.

And though some — like Chronicle columnist C.W. Nevius, a regular critic of HANC — are celebrating HANC’s demise, the unintended consequences should have all small businesses in the Haight Ashbury worried.

 

CLASS WARFARE BACKFIRES

State law requires that Californians have easy access to a “convenience zone,” basically somewhere nearby that they can collect the five-cent deposit all consumers pay for cans and bottles. HANC served that purpose for a half mile radius around its location on Frederick, near Stanyan.

“Whole Foods and Andronico’s were serviced by HANC’s existence,” Regina Dick-Endrizzi, the director of San Francisco’s Office of Small Business, told us. With HANC gone, “They will be required to buy back [bottles and cans] from local stores.”

San Francisco’s Department of Environment oversees recycling policy in the city, but did not respond to calls or emails.

The reason that HANC was being pushed out was due to a vocal few, like the Haight Ashbury Improvement Association, complaining that HANC was a magnet to the homeless population looking to sell bottles and cans collected in shopping carts. That group didn’t respond by press time. Now those same poor folks may take their business from Golden Gate Park to the Haight neighborhood itself by recycling at the local Whole Foods, the new legal alternative to HANC.

Sometimes local grocery stores defy the state mandate, and instead choose to pay a state-mandated fee, Dick-Endrizzi said. If Whole Foods chooses not buy back recyclables, small businesses all over the Haight will be required by state law to do it themselves.

Suhail Sabba has owned Parkview Liquors on Stanyan Street, just two blocks from HANC, for nine years. He said that he doesn’t have the employees, storage, or scale “to handle even a portion of HANC’s customers.”

He may not have much of a choice. If small businesses don’t buy back the recyclables, they would face charges of $100 a day under California state law. A year gone without complying would lead to charges up to $36,000, an amount that large-scale businesses often factor into their budgets, but which could bankrupt a small store.

When contacted, Whole Foods representative Adam Smith said that the company was aware of the issue and was still deciding on a course of action.

The company has a 60-day grace period to make a decision that, for good or ill, would ripple through the Haight neighborhood. “I might go out of business,” Sabba said.

Store owners can apply for an exemption, but the process can be as lengthy as a few months and fines could still accrue, Dick-Endrizzi said. The Office of Small Business will soon reach out to the affected store owners, but she encourages them to contact her office directly at 415-554-6134.

 

GARDEN FOR A GARDEN

The HANC site houses more than the recycling center. It also encompasses a native plant nursery, run for the past decade by caretaker Greg Gaar, who we’ve profiled before (“Reduce, reuse, replace,” 5/30/12). Gaar raises Dune Tansy, Beach Sagewort, Coast Buckwheat and Bush Monkey — all native plants bred from the dunes of old San Francisco, which Golden Gate Park used to be.

Adjacent to the nursery is a community garden with 50 plots serving just more than 100 neighbors. But the odd part is, when the city is done tearing down the recycling center and gardens, it plans to put in, well, another community garden, at taxpayer expense.

The new plan does offer a few tweaks. There will be a small stone Greek-style amphitheater, and removing the recycling center will leave more green space for the site. The new community garden will feature 10 fewer plots. As of now, there is no formal plan to transfer the 100 gardeners from HANC’s community gardens to the new plots once they’ve been built.

Some of HANC’s current gardeners count among the local homeless population, said Soumyaa Behrens, HANC’s social media coordinator. Those few homeless use their plots to grow food.

“You meet people you wouldn’t meet anywhere else,” said Miriam Pinchuck, a writer who will soon lose her and her husband’s garden plot at HANC. “It’s very shortsighted, and it’d deprive us of a chance to meet our neighbors.”

Though Dunn and Gaar are in negotiations with city officials on their gardners’ behalf, at this point it looks like the current gardeners will need to sign up for the new plots, just like everybody else.

Gaar looks like he may be the only employee to work at the new garden site once it replaces the recycling center. He’d have to volunteer, but he said that doesn’t necessarily bother him.

“For me, gardening is a joy,” Gaar said, although he did voice one concern: “I just want the nursery to survive.” With HANC’s eviction, it seems like everyone has something to worry about.

HANC evicted, but the poor recyclers could remain in the Haight

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In a win for the gentrifiers of the Haight Ashbury, the Haight Ashbury Neighborhood Council’s (HANC) Recycling Center has been issued an official eviction notice, posted by the Sheriff’s Department, and is slated to be out on the street by this Wednesday, Dec. 5. But those who hoped this would rid the neighborhood of poor people recycling bottles and cans may be disappointed.

The HANC site in Golden Gate Park — which houses a community garden, native plant nursery, and recycling center — has been battling eviction pushed by the Mayor’s Office and mayoral appointees for nearly a decade. Previously, the city Recreation and Park Department pushed for HANC to leave, a stand reinforced by court rulings, but the eviction notice looks like the last nail in the coffin. The recycling center’s employees will lose their jobs just as the winter holiday season begins.

“The notion that they’d put people out of work before Christmas was horrendous,” said Ed Dunn, HANC’s director. The eviction caught him totally flat footed, as he had just last week given a tour to San Francisco officials interested in mediating the dispute.

“It seemed like there was growing awareness that we’re a public good,” Dunn said. “I guess that went nowhere.”

Deputies posted the eviction notice at HANC’s doors on Wednesday, Nov. 28. Susan Fahey, the Sheriff’s Department media relations officer, declined to discuss the details on how the department would handle the eviction, saying only that “we plan accordingly.”

And though some, like Chronicle columnist C.W. Nevius, are celebrating HANC’s demise, the unintended consequences should have all small businesses in the Haight Ashbury worried.

 State law requires that Californians have easy access to a “convenience zone,” basically somewhere nearby that they can sell the cans and bottles and get back the “redemption” fee charge to consumers. HANC served that purpose for a half mile radius around its location on Frederick, near Stanyan.

“My position is we have to understand the full potential of the decision we’re making,” Regina Dick-Endrizzi, director of San Francisco’s Office of Small Business, told us. Namely, that without HANC, two local grocers will have to pick up the slack and buy back the bottles and cans they sell.

“Whole Foods and Andronicos were serviced by HANC’s existence,” Dick-Endrizzi said. With HANC gone, “they will be required to buy back [bottles and cans] from local stores.”

The whole reason that HANC was being pushed out in the first place was due to a vocal few, like the Haight Ashbury Improvement Association, saying that HANC was a magnet to the homeless population and their shopping carts filled with bottles and cans. Now those same poor folks may take their business from Golden Gate Park to the Haight neighborhood itself, frequenting the local Whole Foods, defeating the whole purpose behind the opposition’s scorn for HANC.

But sometimes local grocery stores defy the state mandate, and instead choose to pay state fines, Dick-Endrizzi said. If they choose not to take recyclables, small businesses all over the Haight would be required to individually pay customers for their used recyclables.

If they don’t, small businesses could be fined as $100 a day under state law. A year gone without dealing with the issue could cripple a business, with fines up to $36,000.

When contacted, Whole Foods representative Adam Smith said that the company was aware of the issue and was still deciding on a course of action for the neighborhood.

GOLDIES 2012 LIFETIME ACHIEVEMENT: Frank Shawl and Victor Anderson, Shawl-Anderson Dance Center

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GOLDIES John Cage and Merce Cunningham, Ginger Rogers and Fred Astaire, and Fayard and Harold Nicholas are among the dance world’s most famous couples. In the Bay Area, nobody comes close to the relationship between Frank Shawl and Victor Anderson, of Berkeley’s Shawl-Anderson Dance Center.

Over the years the two men have a created a heaven for dance unlike anything that exists here, and probably could not be replicated anywhere else. Shawl and Anderson are the local dance community’s patriarchs.

They started modestly in 1958, above a liquor store on the corner of Alcatraz and College. After dance careers that spanned both coasts, they moved West from New York because they wanted to teach. Anderson had family roots in Berkeley, and the duo figured they might have a better chance at making a living in the Bay Area than in NYC’s competitive jungle.

Having performed and studied with May O’Donnell, a Martha Graham Dance Company member, they wanted to teach modern dance — at the time, a discipline that was not easily available to local dancers. They called their studio “Shawl-Anderson Modern Dance Center,” still its official name. In the beginning, Shawl remembers, “We did not even make enough money to pay its one-hundred dollar rent.”

From those early beginnings has grown the Bay Area’s oldest and — if you listen to dancers — most-beloved teaching institution, with over 100 classes per week. In addition to a full pre-professional curriculum for children, they teach modern dance; that style’s focus on individuality and personal expression has created an atmosphere that also welcomes ballet, hip-hop, jazz, and Horton, plus physical practices like Feldenkrais, pilates, and yoga.

Most remarkable is the breadth and longevity of its teaching staff, all of whom are on salary. Marina Eglevsky, whose artistic roots go back to the legendary André Eglevsky, considered the greatest ballet dancer of his generation, still teaches ballet twice a week. “Her classes are packed — people come from all over,” Shawl says. Wendy Diamond has taught modern since 1988; Joanna Harris’ decade-long Sunday morning class, “Lifelong Movement,” addresses the needs of older adults.

Younger teachers who are still actively choreographing — like Randee Paufve, Nina Haft, Antoine Hunter, and Nol Simonse — bring their own creative perspectives to the classes. The combination of life-long experiences and fresh approaches is invaluable to student dancers.

To get teachers — some start as substitutes — Shawl relies on his instincts and his experience. “I talk with them, and I can usually tell whether they would be a good fit,” he explains. “Very rarely have we had to let somebody go.”

He remembers Reginald Ray-Savage just walking in a few years ago. “I listened to what he had to say, and I just could tell that he was the real thing.” Today, Shawl-Anderson has the Savage Jazz Dance Company in residence.

But back to the earlier days: when the center was facing eviction from the liquor store (apparently, all that dancing made too much noise), student Sylvia McGraw suggested the two men look at a building across the street. “It was a home,” Shawl remembers. “I walked in and all I saw was a bunch of tiny little rooms.” McGraw pointed out that the house was zoned residential-commercial and, furthermore, that her husband was an architect.

With the budget spent on the essentials, in 1968 the school moved into the reconfigured space, with two small studios on the entry level and two huge ones — beautiful dance floors, lots of light, and high ceilings — one floor up. Shawl’s office is still the size of a closet, and the women’s dressing room still looks like it might originally have been a kitchen.

Most remarkably, the building still feels like a home. Walking up the small pathway from the street and the few steps that invite stoop-sitting, it uncannily feels like the rest of the Arts and Crafts residences that stretch toward the Berkeley hills. The wooden floors in the entry are well-worn, and the bench on the side looks like it has been there forever.

No doubt its funky charm and good usable studios have helped make what Shawl-Anderson has become. But it’s these two remarkable men who have given the place its soul. The minute you walk in, you pick up its sense of generosity of spirit, a commitment to craft and creativity, and a welcoming embrace of diversity in all its manifestations.

It’s what Paufve, whose company now is in residence, experienced when she first stepped through the door in 1986. “I don’t remember not ever having felt at home here,” she says. After moving from New York, she heard about the place the first week she was here. She also found teachers with whom she wanted to work. Over the years, she says, “People here have been incredibly generous. I honestly don’t know if I would still have Paufve Dance if it was not for Shawl-Anderson.”

Fog Beast, one of San Francisco’s newest dance companies (formed by Joe Goode dancers Melecio Estrella and Andrew Ward), recently paid tribute to “the decades of dance art cultivation at Shawl-Anderson.” Move Here, created when the duo was in residence, was a site-specific work using the building’s architectural space. It allowed the choreographers “to step into the role of host, exploring the aesthetics of hospitality, the art of friendliness and warmth.” Shawl enjoyed the performance. “They had pictures of the two of us on the walls — it was so nice,” he smiles.

Both men are now in their 80s. Anderson is semi-retired, but Shawl still takes class every day and substitute teaches when needed. Looking back over more than 50 years, is there something that they would have changed? “It is the way it was [meant] to be,” Shawl says. “I believe in the right path. We didn’t do it for the ego, we did it for love.”

Profiling those who rely on HANC, which the city is evicting (VIDEO)

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The Haight Ashbury Neighborhood Council’s (HANC) Recycling Center has fought for the past decade to stay in its tiny corner of Golden Gate Park, behind Kezar stadium, and it may be days from closing. It’s been served with eviction notices from the city and weathered political tirades from politicians on pulpits, and most recently, saw its eviction appeal denied by California’s Supreme Court.

The recycling center, which has been in operation since 1974, wouldn’t be the only loss to the Haight either. Both a community garden and San Francisco native plant nursery are on the site, under the umbrella name of Kezar Gardens. After an eviction for the recycling center, all three would go.

So in what may be their last days, the Guardian decided to take a look at  who is a part of the recycling center’s community. What keeps them coming back – even in the face of eviction? While the final eviction date is nebulous, the reasons for it are not: as the Haight gentrified, more and more neighbors complained about the site’s surrounding homeless population, the noise the recycling center makes, and every other NIMBY complaint in the book.

Contrary to the usual complaints of the recycling center and gardens attracting numerous homeless people, the people detailed in the stories below reflect a diverse community. And there were far more stories that we didn’t include: the busy head of a nonprofit who gardens to keep his sanity, or the two brothers who bring in their recyclables every week as a way for their parents to teach them responsibility. And they’re not the only people who depend on the recycling center and gardens.

“One of the problems [with evicting HANC] is that the small businesses in the area depend on the service of the center,” Sup. Christina Olague, who representing the area, told us. “We don’t want to see it relocated out of the area.”

Olague said that although ideas for a mobile recycling center or a relocation have been batted around, nothing is concrete yet. The Mayor’s Office, the Recreations and Parks Department, and HANC were all going to have more meetings and try to come to a solution that would benefit all sides, she said.

The recycling center and gardens aren’t going down without their supporters making a clamor. They developed a feature documentary about their struggles, titled 780 Frederick. Directed by Soumyaa Kapil Behrens, the film will play at the San Francisco International Film Festivals “Doc Fest” on Nov. 11.

Until then, here’s a glimpse at some of the people who make up the community at the HANC Recycling Center and Kezar Gardens.

 

Greg Gaar, Native Plant Nursery Caretaker

Longtime groundskeeper and recycling guru Greg Gaar will soon be out of a job, only a year after single-handedly starting a native plant nursery in the Haight Ashbury that serves more than 100 people.

Gaar is the caretaker of the Kezar Garden nursery. He raises Dune Tansy, Beach Sagewort, Coast Buckwheat and Bush Monkey –  all plants originally born and bred from the dunes of old San Francisco.

“I do it because I worship nature, to me that’s god,” Gaar said. He spoke of the plants reverently.

The native plants aren’t as bombastically colorful as the rest of Golden Gate Park, he said, which Gaar calls “European pleasure gardens,” but they’re hearty and durable, like Gaar himself.

Gaar has a weathered face from years of working in the open air, and he grinned large as he talked about his plants. His grey beard comes down a few inches, giving him the look of a spry Santa Claus. Gaar has a history of embracing the counterculture, much like the Haight itself. In 1977, he made his first foray into activism.

At the time, wealthy developers in the city wanted to develop buildings and houses on Tank Hill, one of the few remaining lands of San Francisco with native growth. “Two percent of the city right now has native plants,” he said. It’s a travesty to him, but he did his part to prevent it.

Gaar led the charge against the redevelopers by putting up posters and flyers, and fighting them tooth and nail for the land through old fashioned San Francisco rallying.

In the end, the counterculture activists won, and the city of San Francisco bought the land back from the developers, keeping it for the public trust. The long-ago battle over Tank Hill was a victory, but the fight for the Haight Ashbury Recycling Center may already be lost.

Gaar has deep ties to the recycling center. Among his friends are two ravens, Bobbie and Regina, who recognize Gaar since the first time he fed them 16 years ago. Occasionally, he says, they’ll accompany him on his rounds around the park. The ravens aren’t the only friends he’s made through the recycling center.

They have many patrons looking to make a few bucks off of cans and bottles, many of which are poverty-struck or homeless. Gaar darkened as he spoke of them, because over the years he has lost many friends he’s made through work. The recycling center is a community, and those that are lost are often memorialized in the garden that Gaar grew with his own hands.

In the San Francisco Chronicle, columnist C. W. Nevius frequently calls out the nursery as a “last ditch effort” on the part of the recycling center to stave off closure and legitimize its own existence. In reality, the nursery was brainstormed years before the controversy through Gaar’s inspiration.

Though Nevius may not agree with the ethos Gaar has brought to the recycling center, the city of San Francisco must trust him. The Recreation and Parks Department has offered him a job planting native plants around Golden Gate Park, which is Gaar is welcome to after the recycling center closes. But taking care of native plants is more than a job to Gaar, it’s a calling.

“Isn’t it amazing that we exist on one of the sole planets we know of that supports life?” Gaar said with wide eyes. He sees his job as preserving the natural order, working to keep alive the plants that were part of the city before the first arrival of the spaniards.

Gaar, much like his plants, is part of a shrinking population of the city: the San Francisco native. When the recycling center closes, he’ll be able to spread native plants across Golden Gate Park, another rebel cause in a life of green activism.

 

Kristy  Zeng, loyal daughter

Kristy Zeng, 30,  talked about everything she does for her family in a matter of fact tone, as if none of it took effort, patience or loyalty.

As she talked, Zeng unloaded over six trash cans worth of recyclables into colored bins. At home, she has two young girls waiting for her, ages three and one, she said. The money she gets from the recyclables is small, but necessary – not for herself, but for her mother.

“My mom’s primary job is this one,” she said. Zeng’s mother is 62 and speaks no English. In the eight years she’s been in San Francisco since immigrating from China, she hasn’t been able to find a job.

“People look at her and say she’s too old,” Zeng said. “She’s too near retirement age.”

So Zeng’s mother hauls cans in her shopping cart every day to earn her keep. She’s one of the folks you can spot around town foraging in bins outside people’s homes, collecting recyclables from picnic-goers in parks, and asking for empties from local bars. The money she earns is just enough to pay for her food.

Even between her husband’s two jobs, Zeng said her family doesn’t have quite enough to fully support her mother. The recyclable collecting is vital income, Zeng said. She and her extended family all live in the Sunset and Outer Richmond, though she wishes they could find a place big enough to live together.

The Haight Ashbury Recycling Center is just close enough to make the chore worth the trip. Zeng was surprised to hear that the center was near closure.

“I would have to find a job,” she said. She usually watches her infant and toddler while her husband is at work. “Mom can’t babysit them, her back isn’t so good. It’s too hard.”

It’s not so bad though, she said, because at 30 years old, Zeng is still young and can handle the extra work. But if the recycling center closed, Zeng and her mom would both have to find a new way to make ends meet.

 

Steven and Brian Guan learn responsibility

At about five feet tall, wearing an oversized ball-cap and dwarfed by the man-sized jacket he wore, Brian Guan, 12,  definitely stood out at the Haight Ashbury Recycling Center. All around him, grisly old men hauled bins full of cans and bottles – but he didn’t pay them any mind.

Brian had his older brother Steven Guan, 14, to look out for him. Together they hauled in four bags worth of recyclables in plastic bags, walking straight to the empty bins as if it were a routine they’d done a dozen times before.

Which, of course, they had.

“I’ve been doing this for at least a year,” Steven said. Though he looks totally comfortable, the chore definitely introduced him to a different crowd than he’s used to.

The recycling center’s clientele of homeless folks, and people generally older than 14, don’t really bother him, he said. “It’s kinda weird, but it’s no big deal.” Besides, he said, he’s happy to help out his family, who spend a lot of time working.

“My mom works in a hotel, and she collects the cans and stuff there.” His dad does the same.

Their mom is a maid, and dad is a bellhop, working in separate hotels downtown. Steven didn’t know if the money they collect each week was vital for his family’s income, but he does know that the haul isn’t very much.

“It’s usually only like $10,” he said.

So was it even worth the trip? Steven said that if he wasn’t helping out his parents by bringing in recyclables, he’d probably be “at home doing nothing.” A Washington High School student, he doesn’t play on any sports teams and isn’t in any clubs. He spends the majority of his time helping out his family.

The way he figures it, he said, the chore is meant to teach him responsibility.

It looks like it worked.

 

Dennis Horsluy, a principled man

A lot of the patrons haul cans and bottles to the Haight Ashbury Recycling Center out of need: to feed themselves, clothe themselves, and live. Dennis Horsluy, 44, does not count himself as one of those people.

“It’s pocket change,” Horsluy said. But despite the cost, he’s going to get every red penny back from the government that he’s owed through the California Redemption Value charges on cans and bottles. “It’s just the right thing to do.”

Horsluy said that Sunset Scavenger, now known as Recology, has a stranglehold on San Francisco’s recycling and trash.

“If you leave your recyclables on the curb, it’s like taxation without representation,” he said. You pay for it whether you want to or not. In his own version of “sticking it to the man,” Horsluy makes sure his recycling dollars get back into his hands.

Horsluy is a displaced auto-worker who has only just recently found work again. “I made plenty, and now I make nothing,” he said.

A family man, he has a daughter at Lowell High School, and a son at Stuart Hall High School. He thinks San Francisco has problems much weightier than closing the recycling center, such as the school lottery system that almost had him sending his kids far across town for school.

Horsluy wasn’t surprised that some of the Haight locals had managed to finally oust the recycling center, considering they’ve been complaining for years about how it attracts many of the local homeless population to the area. “I’m sure it’s a problem for the neighbors with their million-dollar homes,” he said.

But the homeless were a problem long before the Haight Ashbury Recycling Center, Horsluy said. San Francisco has a history of generosity, and so it draws more of the needy. Horsluy will be fine without the recycling center, he said, but the more poverty stricken patrons of the center may not be.

“They’re just trying to survive.”

 

Chris Dye, gardening his troubles away

Some people drink to forget. Chris Dye, 44,  does something similar — he gardens to forget.

While watering the plot of greens he calls his own, Dye spun a yarn that sounded like a San Francisco version of a country song. His ex-wife bleeds his paychecks dry, and he had to leave his dream job at the National Parks Service to make ends meet in Information Technology, a job he pictures as the last place he’d like to be.

He regained a bit of peace in his ordeals through a hardcore passion for San Francisco native plants. “I found a rare kind of phacelia clinging to life in the cement at City College,” Dye said. “You know, down by the art building? When I saw it, I sketched it.”

A day later though it was gone, he said. He fell silent in what was almost a reverent moment for the rare native plant he spotted. Dye is on a personal mission to revive native San Franciscan plants.

The Kezar Gardens give Dye a chance to grow for himself all the interesting native plants he’s interested in. Inspired by the native plant nursery’s caretaker, Greg Gaar, he rattles off all the near-extinct species he’s been able to see and raise. “For me, it’s a personal experiment to figure all this out.”

It’s not all about leafy activism though. Sometimes, it’s just about a good meal. Dye snapped off a leaf and crushed it with his fingers. “This is Hummingbird Sage,” he said, holding it up to his nose for a sniff. “Mix this into a little olive oil, and rub it all over your pot roast, or whatever. It’s fucking amazing.”

 

Lael and Genevieve Dasgupta

Four-year-old Genevieve marched around the table by the garden, watching as a woman carves a pumpkin for Halloween.

Genevieve and her mother, Lael Dasgupta, recycle there in the Haight once a week, as part of Dasgupta’s hope to get her to learn at a young age about eco-responsibility. They don’t use one of the garden plots in the community garden, because they have a communal backyard at home. They do use some of Greg Gaar’s native plants in their garden, for decoration.

Dasgupta has mostly practical reasons for recycling. “It brings us about $40 to $50 a week… That’s a lot of money,” Dasgupta said.

But despite the location of several other recycling centers in the city, why does Dasgupta bring Genevieve here?

“Dirt, dirt dirt,” she said. “Its just good for her to play in the dirt, and build a healthy immune system. The other recycling centers aren’t as charming.”

Dasgupta said that if Kezar Gardens and the Haight Ashbury Recycling Center were to close, she wouldn’t relish taking her daughter out to the Bayview recycling center. She’s been there, and didn’t enjoy the experience. It’s easy to see that the two are comfortable at Kezar Gardens. Folks around the gardens all seem to know Genevieve, who marches around the place without fear.

The woman who was carving the pumpkins handed one to Genevieve for her to play with. The young girl promptly set to the pumpkin with a marker, making what could be either a set of incomprehensible squiggly lines, or the Milky Way galaxy, depending on your perspective.

 

 

Alerts

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WEDNESDAY 29

Bernal Heights outdoor cinema Roccapulco Supper Club, 3140 Mission, SF; www.bhoutdoorcine.org. 7pm, $10 suggested donation. The first of five nights of film screenings in Bernal Heights. At this kickoff party, enjoy drinks, food and music from the Bernal Jazz Quintet before a lineup of short films celebrating community and organizing in the Bay Area. Films include Berkeley High School students on heritage and identity, "Occupy the Auctions Dance Party!" in which Occupy Bernal and ACCE stop evictions on the steps of City Hall, and a tour of Alemany Farm (also the beneficiary of the event’s ticket price), among others. The event also includes the announcement of winners of the Best of Bernal and Spirit of Bernal Awards and the first-year recipients of the Mauricio Vela Youth Film Scholarship.

Occupy, the state of the movement Mediterranean Café, 2475 Telegraph, Berk; www.occupyoakland.org. 7-10pm, free. Einar Stensson, a sociologist at Stockholm University and activist at Occupy Stockholm during the fall of 2011, studied Occupy Oakland for two months. Why did the movement start and spread so quickly around the globe? How is Occupy organized? Who matters in the movement and why? What is the future of Occupy? Come hear his perspectives on where Occupy is, locally and internationally.

FRIDAY 31

Occupy the Bay The 25th Street Collective, 477 25th St., Oakl; www.occupyoakland.org. 6pm, $25. "This week in Oakland, California will go down as a watershed moment. People across America were disgusted by what they saw here. Average Americans trying to stand up and peacefully assemble, to be brutally savaged and attacked by the police department that they pay for." So said Michael Moore to a fired up crowd in the wake of the Oct. 26 Occupy Oakland eviction that rained tear gas and rubber bullets on demonstrators. This is just one of the many historic events caught on tape by filmmakers Jonathan Riley and Kevin Pina, whose documentary Occupy the Bay is screening around the Bay Area before it starts showing in film festivals. On Friday, stick around for special musical performances from Jabari Shaw, Shareef Ali and Super Natural.

Enemies of the state: In their own words Station 40, 3030B 16th St., SF; station40events.wordpress.com. 7pm, free. After a year of Occupy and years more of struggle by people who are not down with the state, there are a lot of people in jail and prison. At this event, organizers will read writing from those locked up. Poems and statements from Truth and Kali of Occupy Oakland and a statement from Jesse Nesbitt, the May Day brick-thrower we profiled ("Who is the Brick Thrower?" 5/8/12). As the event description says, "Any effort at anti-repression in the face of lengthy prison terms must be aimed at bringing down separation at all costs." Come fight the separation and connect.

Original Plumbing birthday celebration Elbo Room, 647 Valencia, SF; www.originalplumbing.com. 10pm, $3-6. Original Plumbing, the trans male quarterly magazine, is throwing a party celebrating its third year on this planet. It now lives in the Brooklyn part of the planet, but it all started in San Francisco, and they’re coming back here to party. "We feel that there is no single way to sum up what it means to be a trans man because we each have different beliefs, life experiences, and relationships to our own bodies," say the organizers, and they started the magazine to document this diversity of experiences. Celebrate with the editors Amos Mac and Rocco Katastrophe, and performances by Rocco Katastrophe with special guests Billie Elizabeth, Nicky Click & Jenna Riot. Birthday cupcakes available!

TUESDAY 4

Rally to save City College City Hall steps, 1 Polk, SF; ProtectOurCityCollege@gmail.com. 12pm, free. A rally in support of Prop A, the local ballot measure that would create a parcel tax for revenue to City College of San Francisco. "If City College is to survive and maintain accessibility, educational quality and the mission of serving low-income and underrepresented students with the best educators and staff, we must pass Prop A," say organizers of the rally, which include students, teachers, staff and supporters.