Landlords

WTF, Chuck: Repeal the bottle bill?

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Now, I thought we were all going to have to pay money to read the wisdom of C.W. Nevius, but here it is, for free, right on sfgate: Nevius is calling on California to repeal the “bottle bill,” the measure that requires a (modest) deposit on cans and bottles and that has been widely credited for making this one of the leading places in the world for recycling.

His argument: People are stealing recyclable material and selling it. This leads to drugs. (Seriously, this leads to drugs: “It hurts everybody,” says Adam Alberti, a spokesman for Recology, the city’s garbage collection firm. “We have heard reports of (scavengers) being paid in drugs instead of cash.”)

And, of course, criminal syndicates that underpay desperate people. The old Haight Asbury Recycling Center, which Chuck hated so much, demonstrated how the syndicate racket doesn’t have to work, since small-time individual bottle-pickers could get there without a truck and keep all the money. Oh, but that was also leading to drugs. So now it’s gone. Amazing, Chuck, the law of unintended consequences.

Anyway: Criminal syndicates aren’t a good thing. Wall Street, for example. Certain landlords and businesses that prey on the weak and don’t pay their taxes. Or the people who cheat their low-wage trash-diving workers.

But on the scale of all the things wrong in the world, and the city, this has to be pretty small-time. Because the bottom line for me is this:

The stuff is getting recycled.

That’s what we want, right? We don’t want bottles and cans in a landfill. From a strictly environmental viewpoint, it makes no difference if Recology picks the stuff up and makes money off it, or if a poor person picks up the stuff and makes money (except not in the Haight any more) or if some explotive syndicate hires people to pick the stuff up. It gets to the same place.

Again: Not supporting the criminal syndicates. Their workers should get fair pay, like all workers. Still, repealing the bottle bill seems like a pretty crazy way to address this modest problem.

 

 

Time to enforce the law

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

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

Cheaters.

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

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

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

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

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

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

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

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

 

Airbnb’s tax and tenant law violations headed for hearings

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

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

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

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

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

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

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

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

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

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

The “mystery” of the homeless families

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

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

No shit.

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

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

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

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

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

Plan C, and the C stands for Condo conversions

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No politically savvy San Franciscan has ever really bought the rhetoric espoused by the so-called “moderate” political action group Plan C that it’s all about finding middle ground between what its website calls “a ‘downtown’ machine, and a far-left, dogmatic, so-called ‘progressive’ machine.” As if that unbalanced labeling wasn’t enough of a indicator, the fact that its funding comes from all the biggest cogs in the downtown machine should be.

But now, as the group’s members aggressively work to open the flood gates on converting San Francisco’s rent-controlled apartments into privately controlled condominiums, it’s become more clear than ever that the C stands for Condo and that the financially motivated group is moving the agenda of the real-estate and investment interests that dominate its Board of Directors.

City Hall sources connected to the ongoing meetings that Sups. David Chiu and Mark Farrell have been holding with stakeholders on the controversial condo lottery bypass legislation sponsored by Farrell and Sup. Scott Wiener say there were indications of possible compromise that came out of the first mediation meeting.

That one primarily involved the tenant advocates who have led the charge against the legislation and the representatives for tenancy-in-common owners seeking to buy a bypass to the city’s condo conversion lottery that only allows 200 new condos per year. There were whispers that came from that meeting of a compromise that would allow a one-time bypass in exchange for shutting down the lottery for several years, or indexing it to the construction of new housing for low-income San Franciscans.

Since then, the sources say, Plan C and their partners in the real-estate industry have dominated the meetings with their dogmatic advocacy for indefinitely allowing the maximum number of condo conversions. Despite public statements by Farrell and Wiener that they just want to clear out some backlog without encouraging more landlords to convert apartments to TICs in the future, Plan C just wants to feed more affordable apartments into the expensive real estate market.

Some basic research on the group and its Board of Directors seems to show that this position is about financial self-interest rather than values or ideology.

Plan C Co-Chair Steve Adams is a regional manager for Sterling Bank & Trust, which has consistently been one of the city’s top TIC lenders and which recently sponsored a forum encouraging more conversion of apartments, promising to increase its loan volume, and painting a rosy picture of the TIC financing market that belies Wiener’s claims that TIC owners can’t get financial relief and need the city’s intervention.

One of the key presenters at that symposium was TIC attorney Lyssa Paul, who is also a Plan C board member and someone who makes her living creating more TICs. Other members of the 12-member board who make their living in the real estate industry and benefit directly for TICs conversions are Amanda Jones and Brian Hecktman. Other bankers or investment managers on the board that benefit from the TIC business are Ashley Lyon and Bob Gain.

Co-Chair Mike Sullivan is a venture capital attorney who created Plan C in 2001 and used it to help then-Sup. Gavin Newsom sell his Care Not Cash homelessness plan and run for mayor. Randy Brasche is in software marketing and got involved in the issue being frustrated with the condo lottery and [[CORRECTION/DELETION: last year]] forming the San Francisco TIC Coalition.

Board member David Fix is [[CORRECTION/ADDITION: the former]] president of the Small Property Owners of San Francisco, so it’s possible that his interest is as much ideological as financial, particularly given his past public statements against rent control. That may also be the case with Baha Hariri, a principal at A&F Properties and the former political director of the downtown-funded-and-created Committee on Jobs.

Among the downtown players that fund Plan C, which was sitting on $73,872 in the bank as of the start of this year, are the Committee on Jobs, the San Francisco Association of Realtors, PG&E, San Francisco Apartment Association, Small Property Owners of San Francisco, Shorenstein Realty, the San Francisco Chamber of Commerce, and venture capitalist Ron Conway.

So Plan C appears to be little more than Plan A’s deceptive effort to push Plan Condo. BTW, I’ve been waiting more than 24 hours now to get a call back from the Plan C board, after leaving a message with its only paid administrator, Richard Magary, who told me Sullivan and his colleagues are all quite busy now. But I’ll be happy to update this post if and when I hear back.

2/22 UPDATE: Still no call back from Plan C, but Fix made a comment requesting the two minor corrections above. C’mon, Plan C, gimme a call, what are you so afraid of?

Supes scramble to find TIC deal

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Some San Francisco supervisors are scrambling to find an acceptable compromise that would prevent condo-conversion legislation by Sups. Scott Wiener and Mark Farrell from becoming a bitter battle that could be a no-win situation for centrists.

Board President David Chiu is meeting with tenant groups and trying to craft an alternative to the proposal, which would allow some 2,000 tenancy in common units to convert to condominiums. Wiener says the legislation is needed to provide housing stability to people in the almost-but-not-quite-a-condo world of TICs. Tenant activists who have met with Chiu say he’s discussing ways to limit speculation, which might include a five-year ban on the resale of converted condos. But that won’t be anywhere near enough for the tenant groups.

In fact, tenant and landlord groups are both talking to Sup. Norman Yee, who will be one of the swing votes, and who could introduce a series of amendments to the Wiener/Farrell bill that would be more palatable to tenants.

“They’ve had a couple of meetings,” Yee told me. “We’re just examining the issues to see if there’s a compromise. It would be great if we could work something out so the supervisors could feel better about voting on this.”

But any deal, Ted Gullicksen of the San Francisco Tenants Union told me, would require “structural reform of the future condo-conversion process.”

Yee could probably get away with that — he’s never relied on landlords or real-estate interests for his campaign money, and there aren’t that many TIC owners in his district, which is largely single-family homes. This won’t be a vote that will make or break his future in District 7.

On the other hand, it could be a huge issue for Sup. London Breed, who represents a district with a huge majority of tenants and the most progressive voting record in the city. Breed insists that she hasn’t made up her mind on the issue, and she told me she agrees she’s on the hot seat here: Much of her political and financial support came from Plan C and real-estate interests that want more condo conversions, but she would face furious policial fallout if she voted against tenants. “I am open to a compromise, but only if it’s good policy for the city,” she said.

Supervisors David Campos and John Avalos are strongly against the TIC bill, and it’s likely that Sups. Eric Mar (who got immense support from tenants in his recent re-election) and Jane Kim (who didn’t support the measure in committee) will oppose it unless it’s altered in a way that tenants can accept.

Naturally, Farrell and Wiener are on the yes side, as is, almost certainly, Sup. Carmen Chu.

That leaves Breed, Chiu, Yee, and Sup. Malia Cohen — and three of them have to vote Aye for the bill to pass. Chiu wants to run for state Assembly from the tenant-heavy side of the city, but, as always, he’s looking for a way to avoid an ugly fight.

The problem is that the tenants aren’t going to sign off on anything modest; if they’re going to accept the conversion of 2,000 units that used to be rental housing, they’re going to want to be absolutely certain it doesn’t happen again — and that there are new rules in place that halt the rampant assault on existing rent-controlled housing.

So either the folks in the center — Yee, Breed, Chiu, and Cohen — are going to have to force the landlords to accept some long-term reforms that they won’t like, or politicans like Breed are going to be forced to take a yes or not vote that could come back to haunt them.

 

 

 

 

Earthquake safety legislation could hit renters hard

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

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

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

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

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

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

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

Out of place

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news@sfbg.com 

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

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

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

LIMITED OPTIONS

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

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

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

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

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

TIC CONTROVERSY

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

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

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

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

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

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

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

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

CASH OR EVICTION?

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

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

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

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

Out of the Castro

By Tim Redmond

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

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

And now he’s going to have to leave.

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

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

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

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

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

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

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

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

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

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

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

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

 

Dark days in the Inner Sunset

By Rebecca Bowe

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

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

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

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

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

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

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

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

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

 

Fighting for a home in the Mission

By Tim Redmond

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

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

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

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

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

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

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

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

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

 

Affordability goes out of style

By Rebecca Bowe

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

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

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

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

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

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

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

Editor’s notes

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tredmond@sfbg.com

EDITORS NOTES People who rent apartments aren’t second-class citizens. In fact, under San Francisco laws, they have (and ought to have) many of the same rights as the landed gentry.

If you rent a place in this city, and you pay the rent on time, and abide by the terms of the lease, you should be able to stay in your home (and yes, it IS your home) as long as you want. The rent can only go up by a modest amount every year.

Landlords know that when they enter into rental agreements. Accepting a tenant means acknowledging that the person may want to say in his or her apartment for years, maybe for life; the rent the landlord sets for that unit has to be adequate to cover a share of the mortgage, expected maintenance costs, and a reasonable return on the owner’s investment.

When you buy a piece of rental property in the city, you are told that tenants live there; you’re told what rent they pay, you’re informed that you can’t raise it much, and unless your utterly ignorant of local law, you realize that the tenants have, in effect, lifetime leases since you can only evict them for “just cause” — which does not include your desire to make more money.

If the numbers don’t pencil out under those conditions, they you shouldn’t buy the place.

That’s how a sane rental housing system ought to operate. Unfortunately, the state Legislature has undermined local rent-control laws with the Ellis Act, which allows landlords to evict all their tenants, cease renting altogether, and turn the place into condominiums. Or, since there are limits on condo conversions in this city, into tenancies in common, which are not limited at all.

Sup. Scott Wiener wants to make it easier to turn TICs into condos; he says the poor TIC owners are having a tough time and can get better mortgage rates if they rules are changed. I don’t feel bad for them; they knew the rules when they bought their TICs. They have no right to convert to condos; that’s a privilege granted to a limited number each year, by waiting list and lottery. Buy a TIC? You should assume it will remain your ownership model for a long, long time.

The city can’t stop the TIC conversions, but it can set ground rules — for example, local law mandates a payment to tenants who are evicted, which can reach $5,000. Sounds big — but it won’t even pay two months’ rent on a new place in this market.

SO let’s be fair here: If you want to evict a tenant, who has and ought to have the right to a stable place to live, you should pay enough to make that person whole. Calculate market rent on a similar place; subtract the current rent the tenant is paying, and cover the difference — for, let’s say, five years.

If that makes TICs too expensive, and thus lowers property values by making evictions difficult and keeping rents low, fine: Property values are too high in this town anyway. And if it means more stability for lower-income people at the expense of property owners … well, I can live with that.

Feds continue war on California’s medical marijuana industry

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San Francisco medical marijuana dispensaries may be bouncing back from last year’s crackdown by the federal government, but the industry statewide continues to be besieged by the federal authorities, winning some battles but losing others.

Oakland-based Harborside Health Center, the nation’s largest not-for-profit model medical cannabis dispensary, experienced a big victory last month when a judge refused a federal motion for injunctive relief that would have shut down the club and enforce a forfeiture action and a 30-day notice to evacuate that the feds filed in July 2012.  

The City of Oakland decided to file its own motion against the U.S. attorneys, banks, and landlords that were all trying to evict Harborside, one of the top two tax-payers in Oakland, a first for city to officially back one of its clubs against the feds. But the judge also denied a city motion to dismiss the case, so it continues to work its way toward trial.

Hopes that the November votes in Washington and Colorado to legalize even recreational weed smoking would cause the feds to back off in California haven’t materialized. Aaron Sandusky, a dispensary operator from Southern California, was sentenced to 10 years of federal prison last month for conspiracy and possession with the intent to distribute marijuana. The feds claim the charges were so high because he had upwards of 1,000 plants.

Stockton resident Matthew Davies owned various dispensaries (keepmattfree.org), but they were shuttered after the feds, which charged him with two counts of manufacturing marijuana. U.S. Attorney Benjamin Wagner is offering Davies a plea bargain for a minimum of five years, and threatening 10 years in prison if he doesn’t comply. A recent Politco article makes the point that this case probably won’t be the one to turn over federal law, as it is unclear whether Davies was in compliance with California state law on marijuana.

These harsh examples are just a couple of dozens of dispensaries being shut down across the state. Just last month, in a case filed by Americans for Safe Access, the U.S. Court of Appeals in Washington DC ruled that marijuana has no proven medical value and should still classified as a Schedule I substance. ASA plans to appeal the ruling, hoping the US Supreme Court will take up the issue.

People across the country are signing online petitions and vocalizing their opposition to the contradictory stance on the legality of pot. Joining in on this public debate, Morgan Spurlock, director and star of Supersize Me, is the host of a new CNN documentary series, “Inside Man”, in which Spurlock investigates various issues in American life. In one episode, Spurlock focuses on the state of medical marijuana in California, and the ongoing struggle between federal and state lawmakers. He will feature both the Harborside and the Davies case.

For now, marijuana advocates are waiting on the court decisions on these various cases and if they will affect changes regarding the federal law. The City of Oakland had a hearing last week but no ruling was made. Harborside will continue to remain open and serving patients until its case goes to trial, a date that is uncertain at the moment.

 

City considers making building owners do seismic upgrades

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City Hall sources have confirmed the basic details of a San Francisco Public Press report from Friday afternoon that the Board of Supervisors will consider requiring the owners of soft-story buildings of three stories or more to seismically retrofit them by 2020 – at the expense of building owners, something sure to rouse controversy.

The legislation was developed and introduced by the Mayor’s Office and it’s being sponsored by the board’s two most prolific and effective supervisors, Board President David Chiu and Sup. Scott Wiener, which is probably a signal that city officials know this one is going to be “challenging,” as one source told us.

Details are still being hammered out before the measure is introduced at tomorrow’s board meeting, including some of the financing options that would be open to property owners. But after voters in 2010 narrowly rejected Measure A, a bond that would have provided low-cost loans for the seismic retrofits, property owners could be forced to dig deep to ensure their buildings don’t collapse in an earthquake.

Wiener confirmed that the legislation would be mandate on building owners without public money attached: “It would be a mandate that they within a certain time frame do an earthquake retrofit,” Wiener told the Guardian.

As the Public Press reported, the legislation would apply to all wood-framed buildings of three stories or more built before 1978, with smaller buildings and single-family homes exempted. In the most recent print edition of the Public Press, extensive coverage of the city’s earthquake vulnerabilities estimated that about 58,000 San Franciscans live in the nearly 3,000 soft-story buildings deemed dangerous places to be when the next big earthquake hits.

Wiener said city officials have been deeply involved with negotiations with various effected groups, including building owners and their tenants, who could face displacement as the work is done or higher rents if landlords pass through those costs. Wiener said the legislation is bound to evolve as talks and hearings continue: “There are a lot of variables and the introduction is really just a preliminary step.”

Condo conversion legislation on hold for now

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

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

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

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

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

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

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

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

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

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

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

TIC legislation is a rent control issue

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

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

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

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

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

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

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

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

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

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

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

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

Was it a great year?

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

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

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

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

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

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

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

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

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

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

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

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

 

No surprise: Your garbage rates are going up 23 percent

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As expected, Recology sent in its application for a rate increase Dec. 11, and most residential customers will see a hike of 23.5 percent, or about $6.50 a month. The hikes will be more complicated for commercial operations and apartment buildings, depending largely on how much waste those outfits can divert into recycling or compost.

The proposal would change the way rates are charged: Residential customers, who now pay a fee for the black cans holding landfill-bound garbage, will start paying a monthly $5 fee overall and $2 for compost and recycling.

The most dramatic increases will fall on large apartment buildings, which under the current rate structure are heavily subsidized, Eric Potashner, a spokesperson for Recology, told me. “We needed to restructure so the larger residential sector was paying fairly,” he said.

Most large landlords absorb the cost of garbage service as part of the rent they charge. So the new costs may not get passed on to existing tenants.

Recology is facing a mandate to eliminate all landfill waste by 2020 — and that’s a bit of a problem: For years, the company only charged for black bins, which, if all goes according to plan, will eventually go away altogether. “And the trucks, the fuel costs, the drivers are all color-blind,” Potashner said. “It costs the same to pick up the blue bins as the black bins.”

The rate application is complicated, and I haven’t been able to analyze every page. The city has hired an outside contractor to do exactly that, and the process takes months. The current proposal would take effect in June, 2013.

It’s a significant increase, although not as high as some had predicted — and not as high as 2001, when the company asked for almost 50 percent. Back then city staffers recommended the hike be cut almost in half, but then-Public Works Director Ed Lee gave Recology most of what it wanted.

Some of the money will go to cover additional costs Recology faces since the city has asked the company to pick up large refuse (you know, those old couches) that are left on the street.

But overall, according to Recology’s application, the higher rates cover “increased costs and lower than anticipated revenues” — in other words, the sucess of the recycling program has meant less income for the garbage company. Still, while Recology is a private company that doesn’t release financial information, there’s no indication that it’s actually running in the red.

 

 

Sorting out a strange election

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steve@sfbg.com, tredmond@sfbg.com

The way the San Francisco Chronicle pundits put it, Mayor Ed Lee was the clear winner in a grand San Francisco election. “All his measures on the ballot won hands down,” noted Willie Brown, the high-paid lawyer and political operative who also functions as a Chron columnist. “It was a great day for Ed Lee,” proclaimed columnist C.W. Nevius.

Well, not really.

There are a lot of ways to explain and analyze the inconsistent results of one of the most heavily propagandized elections in recent San Francisco history. But no matter how you look at it, the election was at best a wash for the mayor. Indeed, we’d argue that voters rejected the basic premise of the mayor’s political agenda – that tax cuts and favors for big business are the best economic policy – despite record-breaking outside spending selling that agenda and targeting those who stood in its way.

Let’s take a look at the real facts:

• Every single initiative backed by the mayor, the ones he’s getting credit for – from the City College parcel tax to the housing fund to the business tax – was either a compromise with progressives or a measure that originated on the left. There was nothing the mayor pushed that had any significant progressive opposition; his wins were equally, if not more dramatically, wins for the left.

• Both people the mayor appointed to office were soundly rejected by the voters. Rodrigo Santos, his high-profile appointee to the troubled City College Board of Trustees, spent almost $200,000 and finished a distant sixth. Sup. Christina Olague lost to the candidate Lee had rejected for appointment, London Breed, in a complicated race where the mayor’s actual role was unclear (he never withdrew his endorsement of Olague even as his allies trashed her in nasty ways).

• A million-dollar effort funded by some of the mayor’s allies to oust Sup. Eric Mar was a spectacular failure, suggested some serious problems in the mayor’s political operation, and undermined his emphasis on “civility.”

• The voters made clear on every level that they believe higher taxes on the wealthy and closing tax loopholes on big business are the right approach to the economy and to funding government. From Prop. 30 to Prop. 39 to Prop. A to Prop. E, the message was pretty clear: The tax revolt that started in California in 1978 may be winding down, and the notion of making property owners and the wealthy pay for education and public services is no longer a radical idea.

Robert Cruikshank, who writes for the Calitics blog, argues that the November election signals a major sea change in California. “[The] vote to pass Prop 30 — by a larger margin than most observers expected — does more than just provide $6 billion of badly needed funding to the state’s public school,” he wrote. “It brings to a close a 34-year long tax revolt that came very close to destroying California’s middle class, locking its low income families into permanent poverty, and left the state on the edge of financial ruin.”

That sounds like a progressive message. The agenda put forward by the mayor’s closest allies, including right-wing billionaire Ron Conway, who played a heavy-handed role in this election, not only failed to carry the day; the big-money types may have overplayed their hand in a way that will shape the political narratives going forward.

A LOT OF CONSENSUS

Let’s start with the ballot measures (before we get to the huge and confusing mess that was D5).

Proposition A, the parcel tax for City College, didn’t come out of the Mayor’s Office at all; it came from a City College board whose direction the mayor tried to undermine with the appointment of Santos, a pro-development engineer so conservative that he actually endorsed the Republican opponent of Assembly member Tom Ammiano.

Lee didn’t even endorse Prop. A until a few weeks before the election, and played almost no role in raising money or campaigning for its passage (see “Words and deeds,” 9/11/12). Yet it got a higher percentage of the vote than any of the three measures that Lee actively campaigned for: Props. B, C, and E.

Then there’s Prop. C, the Housing Trust Fund. Lee’s office played a central role in drafting and promoting the measure -– but it wasn’t exactly a Lee initiative. Prop. C came out of the affordable housing community, and Lee, who has strong ties to that community, went along. There were tough negotiations -– the mayor wanted more guarantees and protections for private developers -– and the final product was much more what the progressives who have spent decades on the housing front wanted than what the mayor would have done on his own.

The way the mayor envisioned business-tax reform, the city would have eliminated the payroll tax, which tech firms hate, and replaced it with a gross-receipts tax -– and the result would have been revenue-neutral. It was only after Sup. John Avalos and the progressives demanded that the tax actually bring in more money that the outlines of Prop. E were drafted and it received strong support from groups across the ideological spectrum.

“You had a lot of consensus in the city about these ballot measures,” political consultant David Latterman, who usually works with downtown-backed campaigns, said at SPUR’s post-election round-up.

The supervisorial races were a different story, with unprecedented spending and nasty messaging aimed at tipping the balance in favor of real estate and development interests. Mayor Lee didn’t get directly involved in the District 1 race, but he was clearly not a supporter of incumbent Sup. Eric Mar.

The real-estate and tech folks who are allied with Lee spent more than $800,000 trying to oust Mar — and they failed miserably, with Mar winning by 15 points. While Mar did have the backing of Chinatown powerbroker Rose Pak, who raised money and helped organize ground troops to help, Mar’s victory was primarily the result of a massive outpouring of support from labor and progressive activists, many reacting to the over-the-top effort to oust him.

Mar, who voted to put Lee in office, won’t feel a bit indebted to the mayor for his survival against a huge money onslaught. But in District 5, the story was a whole lot more complicated, and impact more difficult to discern.

THE D5 MESS

Before we get into what happened in D5, let’s dispel some of the simplistic and self-serving stories that circulated in the wake of this election, the most prominent being that Olague’s loss -– the first time an incumbent was defeated in a ranked-choice election –- was payback for crossing Mayor Lee and voting to reinstatement Sheriff Ross Mirkarimi.

It’s certainly true that Lee’s allies went after Olague and supported London Breed, and that they tried to make an issue of domestic violence, but there was much, much more to this district election. Breed is an SF native with a compelling personal story who ran a strong campaign –- and that three strongest progressive candidates in the race each had major flaws that hurt their electability. By most accounts, the Olague campaign was a disaster until the very end. Equally important, the progressive community was divided over D5, leaving room for Breed to slip in.

“It’s hard to unravel what happened here,” Latterman said.

San Francisco Women for Responsibility and an Accountable Supervisor was an independent expenditure group fronted by domestic violence advocates and funded by more than $100,000 from the families of Conway and fellow right-wing billionaire Thomas Coates. It attacked Olague’s Mirkarimi vote as being soft on domestic violence — but it also did a last minute mailer criticizing Olague’s vote for CleanPowerSF, muddling its message of moral outrage.

On election night, Olague told us she believed her split with the Mayor’s Office really had more to do with CleanPowerSF –- which the board approved with a veto-proof majority over the objections of Lee and the business community –- and with her insisting on new revenue from Prop. E than it did with Mirkarimi, whose ouster she dismissed as “a power play” aimed at weakening progressives.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said.

Yet Olague said the blame from her loss was also shared by progressives, who were hard on her for supporting Lee, courting his appointment to the D5 seat, and for voting with him on 8 Washington luxury condo project and other high-profile issues. “The left and the right both came at me,” she told us. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Fair or not, Olague’s divided loyalties hurt her campaign for the D5 seat, with most prominent progressives only getting behind her at the end of the race after concluding that John Rizzo’s lackluster campaign wasn’t going anywhere, and that Julian Davis, marred as he was by his mishandling of sexual impropriety accusations, couldn’t and shouldn’t win.

Olague told us she “can’t think of anything I would have done differently.” But she later mentioned that she should have raised the threats to renters earlier, worked more closely with other progressive candidates, and relied on grassroots activists more than political consultants connected to the Mayor’s Office.

“The left shouldn’t deal with consultants, we should use steering committees to drive the agenda,” Olague said, noting that her campaign finally found its footing in just the last couple weeks of the race.

Inside sources say Olague’s relations with Lee-connected campaign consultant Enrique Pearce soured months before the campaign finally sidelined him in the final weeks, the result of his wasteful spending on ineffective strategies and divided loyalties once a wedge began to develop between Olague and the Mayor’s Office.

Progressive endorsements were all over the map in the district: The Harvey Milk Club endorsed Davis then declined to withdraw that endorsement. The Tenants Union wasn’t with Olague. The Guardian endorsed Rizzo number one. And none of the leading progressive candidates had a credible ranked-choice voting strategy — Breed got nearly as many second-place votes from Davis and Rizzo supporters as Olague did.

Meanwhile, Breed had a high-profile falling out with Brown, her one-time political ally, after her profanity-laden criticism of Brown appeared in Fog City Journal and then the San Francisco Chronicle, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed. That incident and Olague’s ties to Lee, Brown, and Pak may have solidified perceptions of Breed’s independence among even progressive voters, which the late attacks on her support from landlords weren’t ever able to overcome.

Ironically, while Breed and some of her prominent supporters, including African American ministers in the district, weren’t happy when Lee bypassed her to appoint Olague, that may have been her key to victory. Latterman noted that while Olague was plagued by having to divide loyalties between Lee and her progressive district and make votes on tough issues like reinstating Mirkarimi –- a vote that could hurt the D5 supervisor in either direction -– Breed was free to run her race and reinforce her independence: “I think Supervisor Breed doesn’t win this race; challenger Breed did.”

But even if Breed lives up to progressive fears, the balance of power on the Board of Supervisors could be up in the air. District 7 soundly rejected Mike Garcia, the hand-picked successor of the conservative outgoing Sup. Sean Elsbernd.

At press time, progressive favorite Norman Yee seemed headed for victory, although FX Crowley was within about 30 votes, making this too close to call. But either way, the once-solid conservative seat will now be a swing vote on many issues, just as Breed will be in the once-solid progressive D5.

“The Board of Supervisors as a whole is becoming a helluva lot more interesting,” was how political consultant Alex Clemens put it at SPUR election wrap-up. “Determining what’s going to happen before it happens just got more difficult.”

GOBS OF MONEY

The other big story of this election was money, gobs of it, and how it can be spent effectively — or used to raise suspicions about hidden agendas.

Third-party spending on D1 loser David Lee’s behalf was $454,921, with another $219,039 to oppose Mar, pushing total spending to defeat Mar up over the $1 million mark, roughly doubling the previous record. Labor groups, meanwhile, spent $72,739 attacking Lee and $91,690 backing Mar. But many political analysts felt that lop-sided spending only served to turn off voters and reinforce the idea that powerful interests were trying to buy the seat.

In District 5, the landlords, Realtors, and tech moguls spent $177,556 in support of Breed, while labor spent $15,067 attacking her as a shill for the landlord lobby. The only other D5 candidate to attract significant spending by outside groups was Olague, who had $104,016 spent against her, mostly by the families of Conway and Coates, and $45,708 spent in support of her by SEIU 1021. Yet ultimately, none of these groups bought very much with their money. Conway, Salesforce CEO Marc Benioff, and San Francisco Association of Realtors each spent hundreds of thousands of dollars of their money, and the most obvious result was to convince San Franciscans that they’re working together to move an agenda in San Francisco. They may have the mayor on their side, but in a politically sophisticated city like San Francisco –- with its cost of living being driven up by the schemes of Lee, Conway, and the Realtors -– they seem to have a long way to go before they achieve they’re stated desire of destroying the progressive movement, particularly with its rising new leaders on the left, including Matt Haney and Sandra Fewer on the school board and Steven Ngo and Rafael Mandelman on the City College board. As Haney said on Election Night, “It was a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

Preliminary RCV points to Breed, Crowley

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How incredibly strange: District Five, the most left-leaning district in the city, just elected a moderate supervisor who supports the sit-lie law and has the backing of the landlords. District 7, the most conserative district, elected a labor guy who may sometimes be a swing vote.

The preliminary RCV results show London Breed winning in D5 and FX Crowley in D7. The D7 results are close and could change; the D5 results are not. Promoted by landlord money and helped by two billionaires attacking incumbent Christina Olague, Breed is now in a position to move the board to the right.

The practice of politics

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steve@sfbg.com

ESSAY San Francisco’s progressive movement needs restoration and renewal. Our focus on immediate fights and indignities has blurred our perspective on the larger, longer struggle for a more just, sustainable, and inclusive society. It’s time to regain that vision by taking a new path and practicing a different kind of politics.

Back-to-back local scandals involving progressive male politicians treating women badly have spawned waves of ugly reactions and recriminations on all sides. Those frustrations have bubbled up against an overwhelming tidal wave of money from wealthy individuals and corporations used to deceive and divide the voting public on the local and national levels.

Real concerns about domestic violence have been reduced to an election-year weapon, cheapening an important issue. Stubborn injustices like lack of gender equity in pay and promotions and access to contraception have been countered with mythical “binders full of women,” a new take on the old dodge of personal responsibility. Unacceptable groping or grabbing is alternatively denied, dismissed, or blamed on the women. Little has changed except the modern polish on our dated pronouncements.

The turbulence of this political year has tested our tolerance and we’ve lost our balance, if not our minds from time to time. But we can learn from our mistakes. San Franciscans should be leading the way forward, not just with our gadgets and technological innovations, but with the example we set in how we practice our politics.

Perhaps I’m not the best one to call out my comrades and propose our next steps. I’m a single, straight man, and I’ve fought as fiercely as anyone on behalf of the Guardian’s progressive values and worldview, sometimes resorting to the same nastiness that we’ve seen bubbling over this year.

But as I’ve covered this year’s high-profile political scandals involving Ross Mirkarimi and Julian Davis for the Guardian — and read the vitriolic comments reacting to my stories and expressed in public forums — it has caused me to rethink my own approach and that of the progressive movement. So I want to offer my insights, make amends, and contribute to the dialogue that our community desperately needs to have.

***

Let me start by saying that I understand why people perceive political conspiracies against Mirkarimi, Davis, and other progressive politicians in San Francisco. Wealthy interests really do have a disproportionate influence over the decisions that are shaping this city’s future, to the detriment of the working and creative classes.

A small group of powerful people installed Ed Lee as mayor using calculated deceptions, and he has largely been carrying out their agenda ever since, practicing dirty politics that have fractured and debilitated the progressive movement. In this election cycle, we saw the willingness of Lee’s deep-pocketed benefactors, such as right-wing billionaire Ron Conway, to shatter previous spending records to achieve their unapologetically stated goal of destroying San Francisco’s progressive movement.

But if we want to replace economic values with human values — emphasizing people’s needs over property and profits, which is the heart of progressivism — we can’t forget our humanity in that struggle. Choosing conflict and the politics of division plays into the hands of those who seek to divide and conquer us. We need to embody the change we want to see and build new systems to replace our ailing political and economic models.

When Mayor Lee decided in March to suspend Sheriff Mirkarimi without pay and without any investigation — and by the way, showing no interest in hearing from the alleged victim, Eliana Lopez — progressives had good reason to be outraged. Domestic violence advocates and the Chronicle’s editorial writers may not see it this way, but I understand why it seemed politically motivated.

I also understand why people wanted Mirkarimi gone, believing that someone who admitted to domestic violence couldn’t possibly remain San Francisco’s chief elected law-enforcement officer. This was a black-and-white issue for them, and they saw progressive opposition to his removal as condoning his actions, despite our arguments that his criminal punishment was separate from the question of what the standard should be for removing an elected official from office.

Both sides fervently believed in their respective positions and were largely talking past one another, unable to really communicate. Positions hardened and were charged with emotion until they boiled over during the Oct. 9 hearing on Mirkarimi’s removal.

But there’s never any excuse for booing or making derogatory comments to domestic violence advocates who braved a hostile crowd to offer their opinions on the issue. Tolerance and respect for differing opinion are core progressive tenets, and our faith in those values must override our emotional impulses, which only feeds a fight that we lose just by fighting.

It was against this backdrop — and partially as a result of this polarized climate — that revelations of Davis’ bad behavior toward women were made public. Davis is a friend of mine, and I was aware that he could act like an over-entitled jerk toward women, particularly during his worst period several years ago, although I had no idea how bad it really was.

As with many political scandals, the issue here wasn’t just the original incidents, but how someone responds to them. That’s the mark of someone’s character and integrity. Most people do the wrong thing sometimes, but if we learn from our mistakes and truly make amends — which isn’t something we claim, but something offered to us if our intentions seem true — then we become better people.

As we said in our editorial withdrawing our endorsement from Davis a few weeks ago, being a progressive has to be more about the movement than the person, and it’s time that we remember that. So as a movement, the moment has arrived to come clean, admit our flaws, start anew, and try to lead by our example rather than our rhetoric or our stands on the issues.

***

They say confession is good for soul, so let me give it a shot. Shortly after Sup. Jane Kim took office in 2010, we had a series of confrontational conflicts over some votes she made and her failure to come clean about what her relationship was with Willie Brown, which seemed to me related. She offered a misleading answer to my question and then said she wouldn’t answer any more questions from me, which infuriated me because I believe politicians have a duty to be accountable. And so I continued to be hard on her in print and in person.

Now, I realize that I was being something of a bully — as political reporters, particularly male reporters, have often been over the years. I want to offer a public apology for my behavior and hope for forgiveness and that our relationship — which was a friendly one since long before she took office — can be better in the future.

While I felt that I was treating Kim like I would any politician, and I probably was, the fact is that the style of combative political exchanges — embodied in the last decade by Mirkarimi, Chris Daly, Aaron Peskin, and many others, mostly men but some women like Carole Migden — is what has brought the progressive movement and San Francisco politics in general to the lowly point that we now find ourselves.

My old friend and ex-girlfriend Alix Rosenthal and other political women I know have long tried to impress upon me the value of having more females in office, regardless of their ideology, as long as they aren’t actual conservatives. I have always bristled at that idea, believing ideology and political values to be more important than identity politics, which has been used as a wedge to divide the progressive movement.

At first, I supported Davis because I saw in him a progressive warrior. But most progressives know in our hearts that nobody wins wars. We are all diminished just for fighting them, and their fallout can be felt in unexpected ways for years to come. Even though I agreed with the Board of Supervisors decision to reinstate Mirkarimi, I felt sad and sick watching the celebrations that followed, and I understood that winning that battle might do real damage to the progressive movement.

So I’m proposing that we just stop fighting. We need to stop demonizing those we don’t agree with. “We are not the enemy,” Domestic Violence Consortium head Beverly Upton told supervisors at the Mirkarimi hearing, and she’s right. We can still disagree with her position, and we can say so publicly and call for her to talk to Lopez or take other steps, but we shouldn’t make her an enemy.

***

Having written this essay before the Nov. 6 election, I don’t know the outcome, but I do know progressive power is waning just as we need it most. Landlords and Realtors are intent on rolling back renter protections, while technology titans and other corporate leaders will keep pushing the idea that city government must serve their interests, something the mayor and most supervisors already believe. And they’re all overtly hostile to progressives and our movement.

Against this onslaught, and with so much at stake, the temptation is to fight back with all our remaining strength and hope that’s enough to change the dynamics. But it won’t. Now is the time to organize and expand our movement, to reach out to communities of color and the younger generations. We need to grow our ability to counter those who see San Francisco as merely a place to make money, and who are increasingly hostile to those of us standing in their way.

It may sound trite, but we need to meet their hate with our love, we need to counter their greed with our generosity of spirit. In the year 2012, with all the signs we see in the world that the dominant economic and political systems are dying, we need to work on building our capacity to create new systems to replace them. If they want to build a condo for a billionaire, we should find a way to build two apartments for workers. If they want to bend the campaign rules and dump millions of dollars into one of their candidates, we should use free media and bodies on the street to stand up for someone with more integrity.

Our heroes are people like MLK and Gandhi, and — and most recently and perhaps more relevantly, Arundhati Roy, Amy Goodman, and Aung San Suu Kyi — and we should heed their examples now more than ever. I’m not going to presume to lay out a specific agenda or new tactics, leaving that leadership to those who embody the new approaches and visions that I’m willing to learn and lend my energies and experience to supporting.

But the one essential truth that I’ve come to embrace is that our current struggles and paradigms are as unsustainable as the system that we’re critiquing. It’s time to embrace a new way of doing things, and to join the vast majority of people around the world in creating a new era.

Vote early and often

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The most expensive, ugliest, longest and most money-dominated election in my memory is finally winding down, and unless something really weird happens, Obama’s going to win another term. It’s likely the Democrats will control the Senate and the GOP will retain a narrow edge in the house, meaning four more years of gridlock (and possibly the end of Rep. Nancy Pelosi’s career).

But the real message will be the role of big money — not just ordinary big money, but billionaire money — in California and San Francisco elections.

The state ballot has become a billionaire playground, with four of the ten initiatives created, written, put on the ballot and funded by stinking rich individuals who have their own personal and political agendas. In San Francisco, billionaires Ron Conway and Thomas Coates are trying to buy the District 5 election. An Arizona group linked to the Koch brothers is trying to shut down Prop. 30 (and leave the state in fiscal disaster).

And I’ve never seen as much real-estate money go into one supervisorial district.

We know both presidential campaigns are billion-dollar operations, and a lot of the same bad money is going into each of them. But on the local level, it’s a very different situation. There’s a concerted campaign here to drive progressives out of local office and install people more friendly to landlords and developers — at a time when the city’s going to be facing the greatest displacement pressure since the first dot-com boom. You don’t see the Association of Realtors putting hundreds of thousands of dollars into local races very often; there’s an opportunity here and they see it and they want to weaken tenant protections so they can make more money.

One of the best arguments in favor of district elections is that money doesn’t necessarily buy electoral success. In a district with roughly 30,000 voters, it’s possible to practice old-fashioned grassroots retail politics, to win by knocking on doors and going to house parties and meeting people. It’s not all about TV ads. And if that holds up with this election, Sup. Eric Mar — with a far superior field operation — will survive the blistering assault he’s under in District 1. If David Lee — who has taken the Mitt Romney approach and refused to speak to reporters (they might ask him a question or two about his inaccurate campaign dirt) — wins, it will be the greatest blow to democracy in San Francisco that we’ve seen in years.

On the other hand, if the D1 voters reject all that money and sleaze and Mar wins — and if the District 5 voters reject the billionaire money and someone other than London Breed wins — San Francisco will be sending a profound message: We don’t want your dirty money here, and our votes are not for sale.

Polls are open until 8. Vote early and often.

Record-breaking spending floods District 1 with political propaganda

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District 1 supervisorial candidate David Lee and independent expenditure campaigns supporting him have spent nearly $800,000 – shattering previous spending records for a district election – bombarding Richmond District voters with a barrage of mailers and other media pushing a variety of claims and criticisms about incumbent Sup. Eric Mar that sometimes stretch credulity and relevance.

But is it working? Or is the avalanche of arguments – much of it funded by “big money from Realtors, Landlords, and Downtown Special Interests,” as a recent Mar mailer correctly notes – feeding speculation that Lee would do the bidding of these powerful players on the Board of Supervisors?

Mar campaign manager Nicole Derse thinks that’s the case, arguing the Lee campaign would have leaked internal polls to the media if they were favorable, and it wouldn’t be escalating its attacks on so many fronts hoping for traction, such as yesterday’s press conference hitting Mar on the issue of neighborhood schools.

“They’re pretty desperate at this point and throwing anything out there that they can,” Derse told us, later adding, “I feel good, but we really have to keep the fire up.”

Mar and the independent groups supporting him, mostly supported by the San Francisco Labor Council, have together spent about $400,000. Most of the mailers have been positive, but many have highlighted Lee’s political inexperience and his connections to big-money interests, raising questions about his claims to support tenants and rent control.

Lee campaign manager Thomas Li, who has been unwilling to answer our questions throughout the campaign, did take down some Guardian questions this time and said he’d get us answers, but we haven’t heard back. On the issue of why the Realtors and other groups who seek to weaken tenant protections were supporting Lee, Li simply said, “Our position has been steadfast on protecting rent control and strengthening tenant protections.”

The Lee campaign has repeated that on several mailers – possibly indicating it is worried about that issue and the perception that Lee’s election would give landlords another vote on the board, as tenant and other progressive groups have argued – but most of its mailers recently have attacked Mar on a few issues where they must believe he is vulnerable, even when they distort his record.

Several mailers have noted Mar’s support for a city budget that included funding for a third board aide for each of the 11 supervisors – a budget the board unanimously approved – as well as his support for public campaign financing, despite the fact that Lee’s campaign has taken more than $150,000 in public financing in this election, 30 percent more than Mar’s. They have also criticized Mar for supporting the 8 Washington high-end condo project, even though Lee also voted for the project as a member of the Recreation and Parks Commission.

As this Ethics Commission graphic shows, Lee has been by far the biggest recipient of independent expenditures in this election cycle, with hundreds of thousands of dollars coming from the downtown-funded Alliance for Jobs and Sustainable Growth and the Realtor-created Citizens for Responsible Growth.

Mar and his allies have hit back with mailers noting that most of the funding for the Chinese American Voter Education Project, Lee’s main political and communications vehicle in recent years, has simply gone to pay his $90,000-plus annual salary, which he didn’t fully report on financial disclosure forms required of city commissioners. They have also hit Lee for his support for the Recreation and Parks Department’s closure of recreation centers and other cuts while he “consistently supported privatization of our parks.”

At this point, it’s hard to know how this flood of information and back-and-forth attacks will influence District 1 voters, but we’re now days away from finding out.