Evictions

UPDATE: Rabblerousers drag Google down from astral plane

Erica Hanna
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62
UPDATE: Rabblerousers drag Google down from astral plane

At one point protesting tech buses was new and shiny, but now it barely registers a shrug from San Franciscans. The newest eviction protest took a different turn.

On Saturday, protesters jumped up on stage to interrupt Googlers meditating at the annual Wisdom 2.0 conference. The Google corporateers sat on the stage, ready to share their secret to mindfulness “the Google way.” No one said “meditate on all the money you’re making,” but maybe it was implied. 

Meng Tan, who was identified on the Wisdom 2.0 website as “Google employee #107” (oh, inner circle!), is a corporate trainer who wrote the bestselling book Search Inside Yourself. He looked totally serene on stage, legs crossed. Next to him sat Bill Duane, a senior manager in charge of well-being, among other things. Hundreds were in the audience, watching. Duane began by trying to introduce Tan.

“I’ll start by introducing… not this person,” Duane said as the protesters unexpectedly strolled across the stage, carrying the now familiar banner championing an Eviction Free San Francisco, and the audience applauded.

“Wisdom means stop displacement, wisdom means stop surveillance, what do we want? Stop the evictions!” chanted Erin McElroy through a bullhorn, one of the lead organizers of the Anti-Eviction Mapping Project. She was at the forefront of the Google bus protests, as well as the TechCrunch protest, the Crappies.

The protesters were ushered off the stage, and security engaged in a tug of war with the protesters for their banner. 

The protest group, Heart of the City, noted in their press release that video from the protest was not available on the conference’s website (though the protesters had their own camera on hand). 

Was it intentional on Wisdom 2.0’s part to censor the protest?

“The only reason it’s not up is our AV guys cut the feed as soon as the protesters walked on stage,” Rita O’Connell, communications coordinator for Wisdom 2.0 told us. She said that other feeds were captured, and that it would be posted “as soon as humanly possible.”

“We are going to put it out,” she said. “We’re not intentionally trying to keep it from anyone’s view.”

We reached out to Google spokepeople, but our emails weren’t returned before press time. 

Many reading this no doubt will wonder about the point of interrupting a Google presentation  on meditation and spiritual well being to talk about evictions in San Francisco. What, if anything, do they have to do with one another?

The spiritual advocacy group The Bhuddist Peace Fellowship put it eloquently in its post “Why Google Protesters Were Right to Disrupt Wisdom 2.0”:

“All the talk about kindness, happiness, and well being (with twin values of creativity, productivity, and profitability) focused on the users and innovators of technology. There was never any mention of the people who manufacture the gadgets that techies then outfit with meditation bell apps. What about the mindfulness, happiness, and well being of the people mining coltan in the DRC, or the people assembling iPhones at the infamous Foxconn sweatshops?

I mean, if we exclude them from the picture, then yes, we can calmly check in with our bodies. 

Things look very mindful and peaceful. Very reasonable, polite, and progressive.

But such deep exclusion invites deep delusion. Something important is missing. Entire groups of relevant people are cut out of the conversation altogether.

The fact is that waves of gentrification have pushed thousands of low-income, disproportionately (black and brown) residents out of San Francisco, and now the city is courting wealthy tech companies (like the ones at Wisdom 2.0) to move in.

Are we just going to ignore the people who are being displaced? Act like we don’t know about this history?

Are we going to pretend that there’s nothing we can do about it?

Hopefully, our friends with the banners won’t let us.”

After the protesters were ushered off the stage, the Google Senior Manager, Duane, then asked the audience to center themselves and consider their point of view. 

“Check in with your body and see what happens, and what it’s like to be around heartfelt people with ideas that may be different than what we’re thinking. Take a second and see what it’s like,” he instructed the audience. 

Meditating on other’s ills isn’t much, yet, but it’s a start. 

Update 2/19: The Wisdom 2.0 folks reached out to us to provide a correction, saying that the employee who engaged in a tug of war with the protesters for their banner was part of the Mariott A/V crew, and not security personnel. They also included this post on their blog:

We very much understand the concern about rent prices and evictions in San Francisco — we’re sure many Wisdom 2.0 conference attendees share the sentiment. There are many issues facing our culture that we try to address at Wisdom 2.0, and we freely admit that we do not always successfully cover every important topic that is worthy of public discussion. We do invite feedback about the topics we cover, and we also provide many opportunities for conference participants to engage in conversations with each other about topics that matter to them.  

In trying to communicate with the protesters after they left the stage, we were met with a great deal of aggression. The protesters chose to enter the conference using fabricated badges instead of reaching out to us to request that this conversation be included in conference programming. Rather than create more anger and division, we invite open dialogue in our community, and wish to support those who will engage with honesty and respect about the matters that are important to them.

That said: as part of Wisdom 2.0’s commitment to holding productive and inclusive conversations, we are currently designing a meetup that will focus on the creation and support of constructive dialogue around pressing social concerns like this one. If you are interested in participating, please email info@wisdom2conference.com to learn more.  

Can we rediscover radical action on this marriage equality anniversary?

Sasha Cuttler
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38
Can we rediscover radical action on this marriage equality anniversary?

San Francisco’s political establishment will rightly celebrate itself this afternoon [Wed/12] at 5pm with a ceremony in City Hall marking the 10th anniversary of the unilateral decision to start issuing marriage licenses to same-sex couples, kicking off what became known as the Winter of Love.

It was the greatest thing that then-Mayor Gavin Newsom did during his seven-year tenure in Room 200, a bold and principled stand for civil rights that started California down the long and arduous road toward marriage equality.

“It was a proud moment for San Francisco, and some of my most meaningful moments in public service,” Mayor Ed Lee wrote in a guest editorial in today’s Examiner, referring to the minor role that he played as a city administrator at the time.

But that kind of political leadership and willingness to take radical action in the face of injustice — or even the recognition during this kumbaya moment that what Newsom did far exceeded his actual legal authority — seems to be absent in today’s City Hall, which overvalues civility and compromise.

Real estate speculators and greedy capitalists are rapidly changing the face of San Francisco, killing its diversity and some would say its very soul, and the Mayor’s Office hasn’t done anything of any real substance to address the problem. While Mayor Lee gives lip service to protecting the city “for the 100 percent,” it is his supporters from the 1 percent that are acting with impunity to evict our workers, artists, and valued cultural institutions.

So as San Francisco officials pat themselves on the back this afternoon at City Hall, celebrating what was indeed an important and historic effort, our hope is that they will remember the radical spirit of that fateful moment and apply it to the pressing problems that have ignited such populist outrage today.   

Staying power

Michael Redmond
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68
Staying power

rebecca@sfbg.com

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

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

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

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

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

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

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

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

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

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

 

MAINTAINING DIVERSITY

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

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

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

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

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

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

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

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

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

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

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

 

ELLIS ACT UNDER FIRE

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

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

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

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

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

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

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

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

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

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

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

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

 

LOCAL POLICY CHANGES SOUGHT

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

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

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

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

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

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

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

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

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

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

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

 

TENANTS FIGHTING BACK

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

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

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

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

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

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

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

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

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

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

Seeking solutions

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

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

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

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

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

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

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

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

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

Higher wages and tenants’ rights, for the win

Michael Redmond
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10

As we document in this week’s cover story, a citywide coalition has sprung up to fight for tenants’ rights in the face of mounting evictions and soaring rents, and momentum on this issue is steadily growing.

But that isn’t the only sign of a newly invigorated movement that’s beginning to count its victories and advance forward on behalf of tenants, workers, and thousands of San Franciscans who are less focused on turning a quick profit and more concerned with bringing about positive change. Last week brought several high notes on this front.

Citywide legislation that will limit discriminatory practices by employers and housing providers by reforming background check policies won initial approval at the Feb. 4 San Francisco Board of Supervisors meeting.

Introduced by Sup. Jane Kim, the Fair Chance Act is part of a “ban the box” movement, backed by local grassroots organizations that came together to champion the rights of individuals who’ve encountered barriers to improving their lives due to past convictions that have left them with a permanent stigma.

At the meeting, Kim mentioned a woman who’d been told she “need not apply” for a job working as a cook — because of a simple shoplifting conviction from when she was in high school. The ordinance will require certain employers and housing providers to refrain from criminal history checks until after an initial job interview, and would make certain kinds of information off-limits, such as arrests that never resulted in a conviction.

Meanwhile, an initiative to curb height limits on waterfront development amassed enough signatures last week to qualify for the June ballot. That effort grew out of a successful referendum last November against the 8 Washington project, a key pushback where San Francisco voters rejected luxury condominiums at the ballot.

The Chinese Progressive Association and Jobs With Justice held a celebration last week to commemorate the 10-year anniversary of the passage of the city’s minimum wage ordinance.

While it remains the highest in the nation, San Francisco’s 2014 minimum wage of $10.74 an hour still isn’t enough to make ends meet, so allies of low-wage workers are launching the Campaign for a Fair Economy to push for a higher minimum wage at the ballot and to implement a higher wage standard for major retailers and chain stores.

There remains much to rail against, to be sure. A Craigslist ad for a $10,500-per-month two-bedroom apartment in the Mission generated a barrage of angry commentary from those who read it as doomsday for the historically Latino area, especially since the tone-deaf author used the word caliente to describe the neighborhood.

But the start of 2014 has already delivered some promising victories for progressives, and many have their sights set on even greater horizons.

 

A radical proposal: Squat Airbnb hosts’ homes to create affordable housing

Sasha Cuttler
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139
A radical proposal: Squat Airbnb hosts’ homes to create affordable housing

When I interviewed attorney Joseph Tobener for the story in our current issue on Airbnb being used to take affordable housing units off of the apartment market, he had a interestingly radical idea for get the attention of this scofflaw company and its political supporters, striking a blow for housing justice in the process.

What if hundreds of people, including many who are now homeless, rented out apartments in San Francisco for a night or two and then simply refused to leave?

Under tenant laws in San Francisco, renters have rights from the very beginning, and legally getting rid of someone who paid for just one night through Airbnb could require a long, difficult, and costly eviction process. Hundreds at once would overwhelm the courts and the deputies who carry out evictions for the Sheriff’s Department.

“That tenancy on day one law to me as a radical seems like a great way to address homelessness,” said Tobener, who got a call for advice from a doctor who sometimes hosts guests through Airbnb and faced that precise problem.

He isn’t the only one, as we at the Guardian learned and reported last summer, when San Francisco Rent Board spokesperson Robert Collins confirmed Tobener’s interpretation of the law and said the agency has already seen several such cases.

As I wrote in “Into Thin Air” on Aug. 6, “Tenants who rent out their apartments for a few days can even lose their rights to reclaim their homes. Collins cited multiple cases where subletters refused to leave and returning tenants had little legal recourse because ‘they would not have a just cause to evict the subtenant because, if they’ve rented the entire unit, they aren’t themselves a resident in the unit.’”

Even in cases where landlords rent out units they own, San Francisco’s 1979 rent control ordinance gives tenants rights to due process from the very beginning, making it difficult to get rid of Airbnb guests who decide to become squatters.

Sure, such a radical response to Airbnb’s impacts on the city may be breaking a few rules and hurting the credit records of those involved — but is that really any worse than the whole host of laws that Airbnb and its customers are violating in San Francisco everyday? It’s at least interesting food for thought. 

UPDATE 2/11: Just to clarify, Tobener isn’t actually advocating or organizing a campaign to squat in Airbnb apartments. This idea was, as I wrote, “food for thought,” something to ponder, a little thought experiment as we try to address Airbnb’s illegal business model and the city’s affordable housing crisis. 

The trouble with compromise

Jesse Hawthorne Ficks
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44

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

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

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

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

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

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

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

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

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

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

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

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

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

Alerts: February 5 – 11, 2014

Michael Redmond
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0

THURSDAY 6

 

Speaking event: After the Arab Spring 312 Sutter, 2nd Floor Auditorium, SF. www.globalexchange.org/events. 7-8pm, $15 or $5 for students. Three years ago, the Arab Spring started with a single protest in Tunisia and quickly spread across the rest of the region, bringing with it promise of a brighter future. As part of the national Engage America Series, internationally renowned blogger and professor Marc Lynch will discuss the current state of affairs in the Middle East, what’s gone wrong across the region, and what it means for the United States.

 

FRIDAY 7

 

Speaking Event: Islamaphobia Holy Spirit Parish, 2700 Dwight Way, Berk. (510) 499-0537. 7pm, free. Newman Nonviolent Peacemakers and the Fr. Bill O’Donnell Social Justice Committee are honored to present Attorney Zahre Billoo, who will examine the roots of anti-Muslim hate (or Islamaphobia), the funding which makes it possible, how it overlaps with other forms of bigotry, and how best to challenge it.

 

SATURDAY 8  

LGBTQ Rally for Winter Olympics UN Plaza, 7th St and Market, SF. maketheworldbetterSF@gmail.com. 11-1pm, free. Show your support for the victims of escalating fascism in Russia on the opening day of the Winter Olympic Games in Sochi. Recent legislation from the Kremlin unfairly persecutes the LGBTQ community in Russia, with sweeping laws that repress virtually any expression of queerness. Join the rally — and stand up for people who are prohibited for standing up for themselves.  

Citywide Tenant Convention Tenderloin Community School, 627 Turk, SF. www.sftu.org. 12pm, free. The San Francisco Anti-Displacement Coalition was formed by tenant organizations and their allies, who banded together and led the successful fight to curb condo conversions. Its mission is to organize against soaring evictions and rent increases which have resulted in the displacement of thousands of residents. Help build tenant power in SF, and participate in crafting a ballot measure to protect tenant concerns.  

Stop privatization of public goods Mission Cultural Center for Latino Arts, 2868 Mission, SF. (415) 282-1908. 1-6pm, $10 donation (no one turned away for lack of funds). Veolia is a multinational corporation that works to privatize water supply, waste management, transport services, and energy. They are currently pushing for water privatization in Richmond, CA, working against unions and environmental groups. A Veolia VP was also hired to represent BART management during the recent negotiations. Educate yourself and learn more by attending this conference.

Residents vs. tourists

Michael Redmond
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64

steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

 

STALLED IN LIMBO

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

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

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

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

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

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

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

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

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

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

 

MISLEADING NUMBERS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SFMTA approves tech shuttle plan

Michael Redmond
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8

The San Francisco Municipal Transportation Agency Board of Directors approved a pilot program Jan. 21 that allows operators of private commuter shuttles to use public bus stops, something they’ve been doing illegally for years on a very predictable basis.

The program will establish an “approved network” of 200 designated San Francisco stops where private shuttles may pick up and drop off passengers. It will issue permits and identifying placards to the private buses and require them to adhere to certain set of rules, like yielding to Muni buses if they approach the stop at the same time. (There’s already a Curb Priority Law stating that any vehicles not operated by Muni will be fined $271 for blocking a bus zone. But the city has chosen to ignore that law when it comes to private commuter shuttles.)

Finally, the program will charge shuttle operators $1 per stop per day, which seeks to cover the costs of the program implementation and no more. The meeting drew a very high turnout that included the protesters who have been blockading the buses, Google employees, private commuter shuttle drivers, and residents of various San Francisco neighborhoods.

Sup. Scott Wiener said at the meeting he was fully supportive of the pilot program, which was developed over the course of many months in collaboration with tech companies who operate the shuttles.

“These shuttles are providing a valuable service,” Wiener said. He said he was sensitive to widespread “frustration and anxiety” around the high cost of housing and rising evictions, but thought it was unfair to blame tech workers: “We need to stop demonizing these shuttles and these tech workers.”

Then Sup. David Campos addressed the board. “I think it’s really important for us to have a dialogue to find common ground,” Campos said, adding that pushing shuttle riders into private automobiles was not a good outcome. But he also urged the SFMTA board to send the proposal back to the drawing board: “It’s a proposal that simply does not go far enough.”

Campos was also critical of the SFMTA’s process of studying the growing private shuttle problem for years and drafting a proposal in collaboration with members of the tech community, with Campos pointing out, “Public input is being sought after the fact.”

Bus plan ignores real cost

Many community members have criticized the new $1 per stop tech shuttle fee as being too low, but city officials say their hands are tied by a state law prohibiting them from charging any more than that.

Yet under Proposition 218 — the state law that limits local governments’ ability to impose new fees — the city has more discretion about how to calculate “cost recovery” than officials have let on.

“Prop. 218 is part of a legal scheme that doesn’t so much limit how we calculate cost recovery,” San Francisco City Attorney’s Office spokesperson Gabriel Zitrin told us, “but limits the city to cost recovery.”

At the Jan. 21 SFMTA meeting, Project Manager Carli Paine explained how her team had arrived at the $1 per stop, per day fee amount.

“We identified everything it would take to implement this program,” Paine said. After identifying all the program components, the agency “took the number of stop events and came up with a ‘per stop event’ cost…The kinds of costs we included are upfront costs, ongoing program costs.”

Under Prop. 218, however, the SFMTA could determine whether there are other costs associated with allowing private commuter shuttles to use public transportation infrastructure, beyond just the cost of issuing and enforcing permits and placards.

Zitrin said the city can identify any costs not already being recovered elsewhere. If shuttles’ use of public bus stops cause transit delays, for instance, what are the costs associated with those delays? More overtime pay for bus drivers?

Low-income kids getting to school late and missing breakfast? What’s the cost of that?

If rents rise in neighborhoods located along the shuttle routes (and studies show they do), what are the associated costs of that phenomenon? What’s the cost of displacement resulting from those higher rents?

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

SFMTA Board approves tech shuttle plan

Sasha Cuttler And Mary Magee
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132
SFMTA Board approves tech shuttle plan

The San Francisco Municipal Transportation Agency Board of directors approved a pilot program today that allows operators of private commuter shuttles to use public bus stops, something they’ve been doing illegally for years on a very predictable basis.

The program will establish an “approved network” of 200 designated San Francisco stops where private shuttles may pick up and drop off passengers. It will issue permits and identifying placards to the private buses and require them to adhere to certain set of rules, like yielding to Muni buses if they approach the stop at the same time. (There’s already a Curb Priority Law stating that any vehicles not operated by Muni will be fined $271 for blocking a bus zone. But the city has chosen to ignore that law when it comes to private commuter shuttles.)

Finally, the program will charge shuttle operators $1 per stop per day, which covers the costs of the program implementation and no more.

The meeting drew a very high turnout that included the protesters who have been blockading the buses, Google employees, private commuter shuttle drivers, and residents of various San Francisco neighborhoods.

Sup. Scott Wiener spoke at the beginning of the meeting, saying he was fully supportive of the pilot program, which was developed over the course of many months in collaboration with tech companies who operate the shuttles.

“These shuttles are providing a valuable service,” Wiener said. He said he was sensitive to widespread “frustration and anxiety” around the high cost of housing and rising evictions, but thought it was unfair to blame tech workers. “We need to stop demonizing these shuttles and these tech workers,” Wiener said.

Then Sup. David Campos addressed the board. “I think it’s really important for us to have a dialogue to find common ground,” Campos said, adding that pushing shuttle riders into private automobiles was not a good outcome. But he also urged the SFMTA board to send the proposal back to the drawing board. “It’s a proposal that simply does not go far enough,” he said.

Campos was also critical of the SFMTA’s process of studying the growing private shuttle problem for years, drafting a proposal in collaboration with members of the tech community, and waiting until the eleventh hour once the plan had already been formulated to seek comment from community members who are impacted.

“Public input is being sought after the fact,” he said.

That feeling of being frozen out of the process was echoed in comments voiced throughout the public comment session, which went on for hours.

“I’m opposed to the $1 charge,” one woman said. “I believe it’s way, way, way too low.” She told a story of receiving a ticket for being parked in a bus zone very briefly. “It wasn’t a $1 ticket,” she said.

Another woman, who said she was born and raised in SF, said she’d been riding Muni since she was in diapers. “It makes me really sad that we have regional shuttles and corporations that are saying, you can’t just fix that system, we’re going to go around it,” she said. She urged members of the transit agency board to find a better system that would work for everyone, “because you are in charge.”

A Google employee told board directors that she is very pleased that the shuttles have made it possible for her to live in San Francisco. “Not everyone at Google is a billionaire,” she said. “Ten years after the fact I am still paying my student loans. This is a choice, I know, to live in San Francisco and commute to Mountainview. But I wouldn’t have it any other way.”

Her perspective, however, came in sharp contrast to that of Roberto Hernandez, who spoke on behalf of Our Mission No Eviction and said he was worried that displacement caused by rising rents have forced many members of his community to move to the East Bay.

Hernandez also brought up a little-known consequence of transit delays caused by private shuttle buses.

In the elementary schools near 24th Street in the Mission, he said, “They have the breakfast program for people who are low-income. So if you show up late, you don’t get breakfast.”

Here’s Hernandez addressing the SFMTA board members.

In the end, the transit directors approved the pilot with very little discussion. “At the end of the day, this is before us as a transit issue,” said board member Malcolm Heinicke. “And we’re better with something than nothing.”

Tenant battle brewing

Michael Redmond
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44
Tenant battle brewing

rebecca@sfbg.com

Benito Santiago, 63, was born and raised in San Francisco. But now that he’s received an eviction notice from the apartment he’s lived in since 1977, he isn’t sure what the future holds.

“This is roots for me,” Santiago told us. “I have more affinity for San Francisco than the Philippines,” his family’s place of origin.

He works part-time with disabled youth enrolled in San Francisco public schools. “The idea that I built a rapport with these students here … to be put in a position where I wouldn’t be able to work with them, I’m a little saddened and depressed by it,” he said. “If I’m homeless, I can’t be taking care of these kids. I mean — it’s a worst-case scenario.”

He’s been exploring alternative housing options, and trying to stay positive. He says he’s even trying to “change the rate of vibration” of the real estate speculators seeking to oust him as part of his pre-dawn meditation and ritualistic movement practice, a routine he developed to mitigate the chronic pain he dealt with after being hit by an automobile when he was crossing the street in 1980.

“Hopefully, they can have some compassion,” he said.

Santiago is hoping to get a temporary extension to stave off his eviction, and he’s been looking into publicly subsidized below-market rate apartments. But rent for even the most affordable of those places would eat up 75 percent of his monthly income, he said. Unless he can find an affordable arrangement somewhere, he might end up having to leave the city.

 

GROWING MOVEMENT

Santiago has been a part of a growing movement underway in San Francisco to reform the Ellis Act and introduce meaningful legislation at the local level to protect the city’s renters.

In recent weeks, the San Francisco Anti Displacement Coalition, made up of a wide range of organizations including the San Francisco Tenants Union, has hosted a series of neighborhood tenant conventions to solicit ideas that will be boiled down at a citywide tenants’ gathering scheduled for Feb. 8. At that meeting, organizers plan to hash out a strategy and possibly solicit ideas for a ballot initiative.

The tenant conventions are happening on a parallel track with efforts to reform the Ellis Act, which allows landlords to remove apartments from the rental market and evict tenants.

“Our goal is to ban the use of the Ellis Act in certain circumstances,” explained Dean Preston of Tenants Together, a nonprofit focused on strengthening the rights of renters.

“More than half of Ellis Acts are performed by people who bought the properties within the past six months,” he told us. “Their whole purpose is to buy it and kick everyone out. It was supposed to be for long-term landlords to get out of the business” of being landlords, he added. Instead, “it’s being completely abused.”

Sen. Mark Leno is working with Mayor Ed Lee on a response that would seek to lessen the impact the Ellis Act has had in San Francisco. Meanwhile, Assemblymember Tom Ammiano is spearheading a separate effort.

“At this time, he’s not really ready to say which avenue he’s taking” in terms of a legislative strategy, said Carlos Alcalá, Ammiano’s communications director. “Because that can rule out that avenue.”

Preston said he’s been through waves of evictions before, but the organizing now taking place has been especially effective at drawing attention to the issue. Oftentimes, “the speculators are not from within the city or even within the state,” he pointed out. “That has fueled a lot of activism and courage.”

For Santiago, the organizing has given him heart during a difficult time. “I’m hearing a lot of sad stories,” he said, “and I am not alone.”

Manhattanization revisited

Michael Redmond
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116
Manhattanization revisited

joe@sfbg.com

The housing crisis is spurring pro-development arguments that threaten to hasten the “Manhattanization of San Francisco,” a buzzphrase from another era that led to local controls on high-rise development.

The city is getting richer and less diverse, and the unaddressed displacement of longtime residents has fueled populist outrage. Now, politicians are finally getting the message, but some are offering solutions that may reopen old civic wounds.

They say that the answer to the housing affordability crisis is to build massive amounts of new housing, and to build it higher and more densely than city codes and processes currently allow.

Sup. Scott Wiener wrote a scathing indictment of the city’s alleged aversion to housing production in the San Francisco Chronicle on Jan. 13, slamming a planning process that he says slows necessary construction.

“This disconnect — saying that we need more housing while arbitrarily finding reasons to kill or water down projects that provide that housing — is having profound effects on our city and its beautiful diversity, economic and otherwise,” Wiener wrote.

Though he mentioned affordable housing, the need to build all kinds of housing was the crux of his argument. It’s the same kind of developer-friendly rhetoric that whips people into a frenzy with faux common sense: build more, and the market will take care of everyone.

But there are flaws to that simplistic argument. Housing advocates (and Guardian editorials) have long argued that market rate units — the median price of which just surpassed $1 million — don’t trickle down to maintain the city’s economic diversity. More supply may help, but with insatiable demand for housing here, it won’t help much with affordability for the working class.

The next day, Wiener introduced legislation to loosen density requirements when developers build below-market-rate housing units on site, creating an incentive to build more of the units that affordable housing advocates say are most valuable.

“Long term, I’m concerned about young persons that can come here,” he told the Guardian. “It’s not just about building more housing.”

Pushing a pro-development agenda while playing lip service to an affordable housing push is all the rage in San Francisco nowadays, with Mayor Ed Lee calling for building 30,000 new housing units by 2020, supporting the rapid growth calls by SPUR, Housing Action Coalition, and other pro-growth groups.

But Peter Cohen, co-director of the Council of Community Housing Organizations, says supply and demand logic doesn’t apply to the San Francisco housing market for a number of reasons.

He pointed to a paper by CCHO cohort Calvin Welch, who teaches a class on the politics of housing development at USF and SFSU. Welch cites data from the City Controller’s Office showing that when San Francisco increases supply, the market responds by raising the average housing price. Contrary to all the supply and demand claims, when we produce more, things get more expensive.

Why?

“In classic economic theory prices are set by supply and demand only when the market is ‘competitive’ when neither consumers nor suppliers have the ‘market power’ to set the price by themselves,” Welch wrote. “Clearly, that is not the case in San Francisco…of the City’s 47 square miles, only 13 square miles is available for housing uses.”

“There is no ‘free land’ in San Francisco,” he wrote. “The owners have total ‘market power’ over its price.”

But that’s the kind of complex argument that has a tough time penetrating the public consciousness. The idea isn’t as catchy as “supply and demand.”

“I think frankly this whole thing about build, build, build — it’s an easy answer to something that’s complex,” Cohen told us. “It resonates. It sounds like the easy path to sound like you know what you’re talking about.”

That simplistic thinking is dangerous, though, because San Francisco is quickly becoming Manhattanized. Since 2002, New York City Mayor Michael Bloomberg rezoned over 37 percent of New York City, according to The New York Times, causing the construction frenzy many are seeking for San Francisco.

Bloomberg added 40,000 buildings in his time as mayor, but that boom had mixed results. It arguably hastened the Big Apple’s gentrification, especially in Manhattan, one of the few US locales denser than San Francisco.

From 2000 to 2010, Manhattan’s ranks of white people swelled by 58,000. During the same period, the wealthy home of Wall Street lost 29,000 African Americans and 14,000 Latinos. More alarming is the income disparity there.

From 1990 to 2010, the city that never sleeps, and its neighborhoods, increasingly became a land of have and have-nots. Census maps showed that while 1990 Manhattan had economic diversity, now the median income hovers over $75,000 for most blocks of that famous borough.

Articles from the Times and NYC-based housing advocacy organizations frequently describe Manhattan as a haven of wealthy white yuppies. Sound familiar?

San Francisco is quickly following suit. The same census maps that show the swell of wealth in Manhattan show a swell of wealthy folk in San Francisco.

BMR housing set-asides help, and Mayor Lee has promised to ramp up BMR production, calling for about 10,000 units by the year 2020. But any serious increase in housing production carries its own cost in a city where public transit and other vital infrastructure are already underfunded and would need serious new investments.

In his Jan. 17 State of the City speech, Mayor Lee warned against demonizing the tech industry or with pitting one group against another. “San Francisco changes us more than any group of newcomers will change San Francisco,” he said to the invite-only crowd.

The difference now is the wealth that threatens to gentrify San Francisco’s weird soul, the one we’ve hung onto since a man named Joshua Norton declared himself Emperor of the United States and was hailed as a San Franciscan icon.

“Manhattanization” is not just a buzz term or a scare tactic: It’s representative of a specific set of zoning and construction policies that many San Franciscans are now advocating for, which will change the demographics and politics of this city, whether we like it or not.

San Francisco’s chief economist addresses supply and demand in terms of housing — it’d take over 100,000 new housing units to make a dent in housing prices in San Francisco.

Debunking SF Mag’s Ellis Act apologist article, point by point

Erica Hanna
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107
Debunking SF Mag’s Ellis Act apologist article, point by point

Well, everyone’s got an opinion. And when it comes to San Francisco’s housing crisis, that’s doubly true.

San Francisco Magazine’s opinion though, amounts to a cry for help for (they say) the oft-demonized landlords from what they call the ever-overblown Ellis Act eviction crisis.

In his Tweet earlier today, San Francisco Magazine Editor-in-Chief Jon Steinberg said “We’re calling BS on San Francisco’s eviction crisis.” The article, by San Fran Mag Web Editor Scott Lucas, lays out a San Francisco that’s hard to recognize, one where evictions and rental increases aren’t displacing people in droves. At least, not enough to qualify as a “crisis.”

Sorry Jon, we’re calling BS on your article.

The Guardian reached out to Ted Gullicksen, executive director of the San Francisco Tenant’s Union and Erin McElroy, the head of the Anti-Eviction Mapping Project, to debunk some of the claims made in SF Magazine’s attempt to de-fang the threat of Ellis Act evictions. 

You can read the full article here, but we’ve reproduced lines from the piece and included responses from Gullicksen and McElroy addressing their points one by one. 

San Francisco Magazine The narrative was a straightforward one: Because the Bay Area has seen an influx of people—largely young, white, and working in tech—who need housing (and can pay for it), greedy landlords, many of them out-of-town speculators, are throwing longtime San Franciscans into the streets and turning the city over to gentrification. It looked cut-and-dried.

It’s not. In fact, Ellis Act evictions represent only a small proportion of the city’s total evictions—and they’re not even historically high to begin with. 

Ted Gullicksen That is incorrect on a couple levels. First off, it’s important to understand that the main way people are evicted these ways are via the Ellis Act followed by a buyout. The reason for that is that San Francisco passed strict condominium conversion prohibitions several years ago. If you do an Ellis, you generally are not going to be able to convert to condos ever. 

(You need to) include the Ellis threats… for every single Ellis Act eviction filed with the rent board, they’re where the speculators tried to get the tenants to bite… for every Ellis Act eviction, there are about five buyouts where Ellis Act was used as a club.

I come to that number by the number of people coming to the Tenants Union concerned about buyouts, and comparing those with the rent board’s numbers. Pretty consistently we see 33 percent of what the rent board sees. 

Erin McElroy California is the only state where the Ellis Act is utilized, it’s hard to say whether it’s historically high or not. We also see it’s being utilized by landlords repeatedly. It’s being used as a business model, not a way of going out of business which was its intended use in 1986. 

SFM In the 12-month period ending on February 28, 2013, the total number of Ellis Act evictions was 116—an almost twofold increase over the previous year, but a nearly 70 percent decrease since 2000, when such evictions hit an all-time high of 384. All told, the Ellis Act was behind less than 7 percent of the 1,716 total evictions in the city between February 2012 and February 2013. “Isn’t it far more likely,” asks Karen Chapple, a professor of city planning at UC Berkeley, “that more units are being lost [from the market] through Airbnb?”

TG That number, the 1,716 number, includes “for fault” evictions. If you just include no-fault evictions, Ellis Act evictions are the highest amounts. No-fault evictions are the ones we’re all talking about here. There are a number of rental units lost from the market and that’s a big problem, but the TIC and condominium conversions far surpass tourist conversions (like AirBNB).

EM First of all, for every Ellis Act being recorded, there is not a recording of the units evicted. While you can say there is a number of evictions, it doesn’t represent the units or people being displaced: it doesn’t record the number of people losing their homes.

What we’ve done through the Anti-Eviction Mapping Project is to match those petitions with the number of units. If you go to our website you can see the number of units lost since 1997 in each petition. While the city (of San Francisco) only recorded about 1,300 Ellis Act evictions since then, there have been at least 4,000 units lost. We don’t know how many people are in each unit. There could be between 1 and 6 people in each on average. 

SFM Laying the blame on nefarious Rich Uncle Pennybags types isn’t exactly right either. A recent report commissioned by Supervisor David Campos is clear on that point: The increase in Ellis Act evictions, it found, “occurred simultaneously with significant increases in San Francisco housing prices.” In other words, the problem isn’t speculators. It’s the market. 

TG The problem is indeed the speculators. Most of these buyouts are done by speculators, of the current Ellis Act evictions right now, most of the buyouts are done by one of twelve speculators. 

The Anti-Eviction Mapping Project showed that these real estate speculators form Limited Liability Corporations for each building. The Anti Eviction Mapping Project went through all these LLC’s and identified actual owners and compared them to Ellis Act evictions at the rent board. One person involved is doing six Ellis evictions right now. 

EM Speculators are taking advantage of the market. If there weren’t people to buy luxury condos, Ellis Act evictors wouldn’t buy up the units and turn them into condos. 

It’s one thing for a landlord to issue an Ellis Act one time because they’re done being a landlord, it’s another to see serial evictors use it over and over again through Limited Liability Corporations. Urban Green has 40 or so LLC’s, they’re using them all to push the Ellis Act. See our serial evictor chart and you’ll see 12 different people that use that serial evictor model. It’s a way for them to make money. 

SFM The city simply doesn’t have enough housing to keep up with job growth. And as real estate values rise, the incentive for a property owner to sell grows considerably. No villainy. Just economics.

TG The city is building a ton of housing, as anyone can tell you. The city, though, is building nothing but luxury condos. There’s plenty of housing, but nothing affordable.

EM If displacing long term residents and folks with disabilities and seniors is just economics, it’d be an argument against our economic system. The city offers services for trans folk, queer folk, people with HIV, all reasons people moved to San Francisco and it has a popular place in people’s imagination. Native San Franciscans are also not being valued. If that’s economics, San Francisco has lost its heart and its soul.

SFM Even if incremental changes happen, San Francisco’s affordability problem will likely continue almost unabated. Ellis Act evictions are, in Chapple’s words, not a cause of the housing crisis, but rather “a symptom. Fixing it is like using a Band-Aid for brain cancer.”

TG The Ellis Act is in fact a cause, because it’s taking thousands of units off the rent control market. When we’re losing more and more rent control units, supply dwindles and the rents go up. 

EM I would agree the Ellis Act isn’t the cause of the problem. The problem is it’s being utilized with other forms of evictions for landlords to take advantage of a political economy with the relationship between the city and tech. The problem is the relationship with the new tech class and the impunity it maintains through city government.

Left turn?

Michael Redmond
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27
Left turn?

rebecca@sfbg.com

Dan Siegel, an Oakland civil rights attorney and activist with a long history of working with radical leftist political movements, joined a group of more than 150 supporters in front of Oakland City Hall on Jan. 9 to announce his candidacy for mayor.

With this development, the mayor’s race in Oakland is sure to be closely watched by Bay Area progressives. Siegel’s bid represents a fresh challenge from the left against Mayor Jean Quan at a time when concerns about policing, intensifying gentrification, and economic inequality are on the rise.

Siegel is the latest in a growing list of challengers that includes Joe Tuman, a political science professor who finished fourth in the 2010 mayor’s race; Oakland City Councilmember Libby Schaaf; and Port Commissioner Bryan Parker.

In a campaign kickoff speech emphasizing the ideals of social and economic justice, Siegel laid out a platform designed “to make Oakland a safe city.” But he brought an unusual spin to this oft-touted goal, saying, “We need people to be safe from the despair and hopelessness that comes from poverty and long-term unemployment. We need safety for our tenants from unjust evictions and … gentrification.”

Siegel voiced support for raising the city’s minimum wage to $15 an hour. He also called for shuttering Oakland’s recently approved Domain Awareness Center, a controversial surveillance hub that integrates closed circuit cameras, license plate recognition software, and other technological law enforcement tools funded by a $10.9 million grant from the federal Department of Homeland Security.

He spoke about pushing for improvements in public education “to level the playing field between children from affluent backgrounds and children from poor backgrounds,” and described his vision for reorganizing the Oakland Police Department to foster deeper community engagement.

Among Siegel’s supporters are East Bay organizers with a deep history of involvement in social justice campaigns. His campaign co-chair is Walter Reilly, a prominent Oakland National Lawyers Guild attorney who said he’s been involved with civil rights movements for years. “This is a continuation of that struggle,” Reilly told the Bay Guardian, adding that leadership affiliated with “a progressive and class-conscious movement” is sorely needed in Oakland.

Left Coast Communications was tapped as Siegel’s campaign consultant. Siegel’s communications director is Cat Brooks, an instrumental figure in Occupy Oakland and the grassroots movement that arose in response to the fatal BART police shooting of Oscar Grant, whose Onyx Organizing Committee is focused on racial justice issues.

Olga Miranda, an organizer with San Francisco janitors union, SEIU Local 87, also spoke on Siegel’s behalf during the kickoff event. “San Francisco has become for the rich, and we understand that,” she said. “But at the same time, Oakland isn’t even taking care of its own.”

Referencing a recent surge in Oakland housing prices due in part to an influx of renters priced out of San Francisco, she added, “Dan understands that if you live in Oakland, you should be able to stay in Oakland.”

Siegel’s decision to challenge Quan for the Mayor’s Office has attracted particular interest since he previously served as her legal advisor, but their relationship soured after a public disagreement.

In the fall of 2011, when the Occupy Oakland encampment materialized overnight in front of Oakland City Hall, Siegel resigned from his post as Quan’s adviser over a difference in opinion about her handling of the protest movement. Police crackdowns on Occupy, which resulted in violence and the serious injury of veteran Scott Olsen and others, made national headlines that year.

“I thought that the Occupy movement was a great opportunity for this country to really start to understand the issues of inequality in terms of wealth and power,” Siegel told the Bay Guardian when queried about that. “And I thought the mayor should embrace that movement, and become part of it and even become a leader of it. And obviously, that’s not what happened.”

Since then, his relationship with Quan has been “Cool. As in temperature, not like in hip,” he said during an interview. “I don’t want to make this personal. But we have a difference about policy and leadership.”

With Oakland’s second mayoral election under ranked-choice voting, the race could prove fascinating for Bay Area politicos. Also called instant runoff voting, the system allows voters to select their first, second, and third choice candidates. If nobody wins more than 50 percent of the vote, the last-place candidates are eliminated in subsequent rounds and their vote redistributed until one candidate crosses the majority threshold.

Quan, who ran on a progressive platform in 2010, was elected despite winning fewer first-place votes than her centrist opponent, former State Senate President Don Perata. She managed to eke out an electoral victory with a slim margin (51 percent versus Perata’s 49), after voting tallies buoyed her to the top with the momentum of second- and third-place votes, many gleaned from ballots naming Councilmember Rebecca Kaplan as first choice.

Early polling conducted by David Binder Research showed Quan to be in the lead with the ability to garner 32 percent of the vote, as compared with 22 percent for Tuman, who placed second. That’s despite Quan’s incredibly low approval ratings — 54 percent of respondents said they disapproved of her performance in office.

When Schaaf announced her candidacy in November, Robert Gammon of the East Bay Express opined, “Schaaf’s candidacy … likely will make it much more difficult for Quan to win, particularly if no true progressive candidate emerges in the months ahead.” But Siegel’s entry into the race means there is now a clear progressive challenger.

The Guardian endorsed Kaplan as first choice in 2010, and gave Quan a second-place endorsement. While there has been some speculation as to whether Kaplan would run this time around — the David Binder Research poll suggested she would be a formidable opponent to Quan — Kaplan, who is Oakland’s councilmember-at-large, hasn’t filed.

Siegel, meanwhile, cast his decision to run as part of a broader trend. “I feel that not only in Oakland, but across the country, things are really ripe for change,” he told the Guardian.

Indeed, one of the biggest recent national political stories has been the election of Kshama Sawana, a socialist who rose to prominence during the Occupy Wall Street movement, to the Seattle City Council.

“When you have a city like Oakland where so many people are in poverty or on the edge of poverty, or don’t have jobs or face evictions,” Siegel told us, “it’s no wonder that the social contract falls apart. It seems to me that what government should do is elevate the circumstances of all people, and particularly people who are poor and disadvantaged.”

Confronting the speculators

Michael Redmond
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34

rebecca@sfbg.com

A group of tenant advocates has upped the ante in the ongoing protest movement against San Francisco evictions, publicizing the names, photographs, property ownership, and corporate affiliations of a dozen landlords and speculators they’ve deemed “serial evictors.”

The Anti Eviction Mapping Project, a volunteer-led effort that snagged headlines last fall when it released data visualizations charting long-term displacement in San Francisco, released its Dirty Dozen list Jan. 10.

The project spotlights property owners who’ve moved to evict tenants under the Ellis Act, a controversial state law that allows landlords to oust tenants even if they aren’t in violation of lease terms. In practice, the Ellis Act tends to be waged against longtime residents with low monthly rental payments, frequently impacting elderly or low-income tenants who benefit from rent control.

The Anti Eviction Mapping Project’s list gets up close and personal, publishing details such as landlord’s cell phone numbers, home addresses, and histories of legal entanglement.

It’s an edgy use of public records that seems to raise a slew of questions about free speech, privacy, and the use of information sharing and public shaming as a protest tactic in the digital age.

Erin McElroy, a volunteer and lead organizer of the project, said the goal was to spotlight landlords “who are disproportionately impacting senior and disabled tenants,” and to raise public awareness about “people who are making millions at the expense of tenants.”

She added that there is a budding effort to push for Ellis Act reform in Sacramento, and noted that a goal of this project was to fuel that statewide effort by providing easily accessible information.

Among those individuals named on the Dirty Dozen list was David McCloskey of Urban Green Investments, a company that owns more than 15 San Francisco properties. Urban Green has been a frequent target of San Francisco housing activists, in part due to the company’s ongoing attempt to evict Mary Elizabeth Phillips, a Dolores Street tenant who will turn 98 in April.

Another landlord who made the list, Elba Borgen, has also attracted past attention from tenant activists due to her history of pursuing Ellis Act evictions at six different San Francisco properties. A tenant currently residing in a 10th Avenue property, where Borgen’s LLC has filed for eviction, is 90 years old and suffering from Alzheimer’s, according to an interview with her daughter Vivian Montesdeoca posted to the mapping project website.

The Bay Guardian‘s efforts to reach landlords who were spotlighted on the Dirty Dozen list were largely unsuccessful. We did manage to contact Tom Iveli, president of Norcal Ventures, who spoke briefly before excusing himself, saying he had to take another call. Iveli clearly wasn’t aware that he and his business partner Bob Sigmund had been singled out.

McElroy said the Dirty Dozen list was the product of an in-depth research project which entailed filtering through property records, San Francisco Rent Board data, and information gleaned from the website Corporation Wiki.

The Anti Eviction Mapping Project initiative has attracted around 15 volunteers and will be partnering with Stanford University students to produce an oral history project showcasing the narratives of San Francisco tenants facing eviction, McElroy said.

Some of the same activists involved in recent high-profile blockades of tech buses were also part of the Anti Eviction Mapping Project effort.

“We’re not, you know, anti-tech by any means,” said McElroy. “We’re anti- speculative real estate,” and wary of policies like the Ellis Act and city government’s tendency to give deep-pocketed corporations a free pass, regardless of the consequences.

“It’s that linkage that is kind of the crux of the issue,” she added.

Alerts: January 15 – 21, 2014

Michael Redmond
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0

WEDNESDAY 15

“Economic Crisis and System Decline: What We Can Do” First Congregational Church of Berkeley, 2345 Channing, Berk. Kpfa.org/events. 7:30pm, $12 advance, $15 door. KPFA Radio presents an evening with Richard Wolff, hosted by Mitch Jeserich. Wolff, a radical economist, recently published Capitalism Hits the Fan, offering an alarming analysis on global economic events that differs sharply from explanations offered by politicians, media commentators, and other academics. Professor of Economics Emeritus from the University of Massachusetts, Amherst, Wolff is currently a Visiting Professor in the Graduate Program in International Affairs at the New School University in New York. According to KPFA, he’s got a reputation for “blunt speaking, clarity, refreshing scorn, and an enjoyable wit.”

 

FRIDAY 17

 

Gather round the fire for eviction ghost stories Silver Stone Cafe, 3278 24th St, SF. 6-9pm, free. Join Erin McElroy, of the Anti-Eviction Mapping Project, and Adriana Camarena, of the Shaping San Francisco “Unsettlers: Migrants, Homies, and Mammas” project, for an evening of community stories about eviction and other housing horrors. Gather around a campfire to listen to and support San Francisco evictees in a family-friendly event. (No alcohol, yes s’mores.) Storytelling will be videotaped.

SATURDAY 18

Richmond/Haight Tenants Convention San Francisco Public Library Park Branch, 1833 Page, SF. 1-4pm, free. This gathering of tenants from District 1 and District 5 is being held to hash out strategies for fighting the evictions in our neighborhoods, educate tenants about their rights, and defend evictees. Participants will also make suggestions for a ballot initiative next November, which will be presented to a citywide tenants convention Feb. 8. Other neighborhoods, including the Mission, Chinatown and Tenderloin/SOMA are also holding or have held conventions and will be making recommendations to the citywide convention. Free and open to tenants. Sponsored by the San Francisco Tenants Union.

SUNDAY 19 Homeless Youth Alliance benefit El Rio, 3158 Mission, SF. 3-8pm, $3-to-infinity sliding scale donation. Evicted from their building on Christmas Day, the Homeless Youth Alliance continues to provide services out of the back of a van. The organization’s mission is to help these marginalized youth build healthier lives through harm reduction, one-on-one counseling, and medical and mental health care, as well as creative and educational workshops, needle exchange, and accurate up-to-date referrals and information. This El Rio birthday bash for a generous HYA supporter will feature performances by Kat Marie Yoas, The Whoa Nellies and No Bone.

Dan Siegel announces candidacy for Oakland mayor

Sasha Cuttler And Mary Magee
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13
Dan Siegel announces candidacy for Oakland mayor

Oakland attorney Dan Siegel, known for a long history of involvement in Bay Area social justice movements, joined a group of more than 150 supporters in front of Oakland City Hall this morning to announce his candidacy for mayor.

In a speech emphasizing his campaign ideals of social and economic justice, Siegel called for shutting down Oakland’s recently approved Domain Awareness Center, raising the city’s minimum wage to $15 an hour, making improvements in public education “to level the playing field between children from affluent backgrounds and children from poor backgrounds,” and shifting the city’s approach to policing by reorganizing the police department to foster deeper community engagement. We caught a few moments from his speech here:

Guardian video by Rebecca Bowe

Siegel’s campaign co-chair is Walter Reilly, a prominent attorney affiliated with the National Lawyers Guild who said he has a long history of involvement with civil rights and social justice movements. “This is a continuation of that struggle,” he said, adding that Siegel’s affiliation with “a progressive and class-conscious movement” is sorely needed in Oakland.

Left Coast Communications was tapped as Siegel’s campaign consultant. Siegel’s communications director is Cat Brooks, who was previously an organizer and sometimes spokesperson for Occupy Oakland.

In 2011, when the Occupy Oakland encampment sprung up in front of Oakland City Hall, Siegel resigned as a legal advisor to Mayor Jean Quan over a difference in opinion about her handling of the protest movement. Police crackdowns on Occupy, which resulted in violence and the serious injury of veteran Scott Olsen, made national headlines that year. 

Olga Miranda, an organizer with San Francisco janitors union, SEIU Local 87, also spoke on Siegel’s behalf. “San Francisco has become for the rich, and we understand that,” she said. “But at the same time, Oakland isn’t even taking care of its own.” Referencing gentrification, a term that seemed to be everyone’s lips, she added, “Dan understands that if you live in Oakland, you should be able to stay in Oakland.”

Asked why he’d decided to run, Siegel told the Bay Guardian, “I feel that not only in Oakland but across the country, things are really ripe for change. When you have a city like Oakland where so many people are in poverty or on the edge of poverty, or don’t have jobs or face evictions … it’s no wonder that the social contract falls apart. It seems to me that what government should do is elevate the circumstances of all people, and particularly people who are poor and disadvantaged.”

Preserve existing rental housing

Michael Redmond
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8

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

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

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

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

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

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

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

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

Tom Radulovich is the executive director of Livable City.

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