Tenants

Rising tide of plutocracy

Michael Redmond
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21

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

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

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

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

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

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

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

Sasha Cuttler
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21
Yee had a reputation for political corruption even before the federal indictment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

San Francisco’s untouchables

Michael Redmond
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64
San Francisco’s untouchables

Rebecca@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

sabrina

Sabrina: “The streets can be mean.”

Guardian photo by Rebecca Bowe

 

HOMELESS MAGNET?

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

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

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

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

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

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

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

 

LIFE OUTSIDE

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

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

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

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

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

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

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

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

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

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

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

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

 

ORDINARY EMERGENCIES

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

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

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

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

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

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

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

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

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

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

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

kookie

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

Guardian photo by Rebecca Bowe

HOUSING, HOUSING, HOUSING

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

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

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

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

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

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

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

 

WAITING GAME

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

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

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

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

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

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

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

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

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

 

START OF THE CYCLE

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

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

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

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

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

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

Gary

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

Guardian photo by Mike Koozmin

SEARCH FOR SOLUTIONS

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

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

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

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

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

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

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

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

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

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

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

 

STILL OUT THERE

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

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

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

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

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

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

Mike

Guardian photo by Mike Koozmin

The sordid saga of Airbnb — a $10 billion “outlaw middleman” — continues

Sasha Cuttler
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103
The sordid saga of Airbnb — a $10 billion “outlaw middleman” — continues

SF-based Airbnb is making news again this week, from the San Francisco Chronicle following up our stories about how landlords are sending eviction notices to tenants who are breaking their leases and local laws in using the short-term rental services to national outlets trumpeting Airbnb’s estimated $10 billion in valuation, which is more than some of the biggest hotel chains.

But nobody seems to be calling out how those two things are connected, except perhaps in ValleyWag’s passing but spot-on reference to the SF-based company as an “outlaw middleman.” That’s a good label for a scofflaw company that is making buckets of money by openly flouting tenant and tax laws in San Francisco, New York City, and other cities around the world.

Meanwhile, as the City Attorney’s Office continues preparing to take legal action against Airbnb, new companies are popping up to make it even easier for residents to illegally monetize their rent-controlled apartments, such as AirEnvy.com, which encourage people to “profit from your home or apartment by renting out unused space through a full service management marketplace.”

The company charges people 18 percent to manage their Airbnb rentals, checking guests in and out, cleaning up, and whatnot. And most of its testimonials are from San Franciscans, such as Rob, who writes, “I used to spend hours managing my Airbnb, exchanging keys with guests, and cleaning. Now, Airenvy does all that for me.”

Breaking local laws against short-term rentals has never been easier! All this infuriates Janan New of the San Francisco Apartment Association, who tells the Guardian that more than 1,100 rent-control apartments are listed on Airbnb at any time, and she’s been working with landlords to identify and evict such tenants.

Yet she denies that many landlords are using Airbnb to get around rent-control laws — such short-term rentals are also usually illegal, even for owners — and told us, “If people are breaking the law on our side, I want to know who it is.”

And as this highly lucrative clusterfuck continues, Board of Supervisors President David Chiu is still mired in his year-long efforts to create a legislative remedy for all of this. But Airbnb seems to be taking its local political problems seriously, this week hiring David Owen — a well-connected former legislative aide to Chiu’s predecessor, Aaron Peskin — away from Platinum Advisors to work on public policy for the company.

Stay tuned, folks, there’s lots more to come on an issue that the Guardian started covering years ago when few were paying attention to how an illegal business model was being used to create a multi-billion-dollar company.   

AirBNB apartment advertised for “XXX Freakfest” orgy

Erica Hanna
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8
AirBNB apartment advertised for “XXX Freakfest” orgy

A Manhattan comedian put his apartment up for rent on SF-based AirBNB, only later to find his renter advertising out his apartment for an orgy, Gawker reported Friday. While hilarious, the incident highlights key points in the New York attorney general’s litigation againts AirBNB. And the San Francisco City Attorney may soon look into them as well.

The problem? Cities have no data on how AirBNB rentals are being used. Usually the concern is over landlords renting through AirBNB at the expense of evicted long-term tenants. In this case, the tenant asked comedian Ari Teman if it was alright to have family over for a wedding. It turns out he meant to use the apartment for much wilder aims.  

Teman walked through the lobby of his building, just before leaving for a trip, only to overhear his new tenant say “they’re shutting us down,” according to Gawker. Suspicious, Teman Googled his tenant’s phone number and found a Tweet advertising a “BBW panty raid” party. 

For the unitiated, BBW stands for Big Beautiful Women. Talk about the wrong time to leave. One wonders if Teman was just bummed he missed out on all the fun. He needn’t have worried, as the next advertisement listed was for a “XXX Freak Fest” — in Teman’s own apartment.

The damage to his apartment may also have gotten him miffed. His furniture was damaged and overturned, and bags of condoms and loads of liquor were strewn about his apartment. 

The tenant, who Gawker identified as “David,” said an agreement between he and Teman specified he could have up to 50 guests, which Teman denies. 

To its credit, AirBNB put up Teman in a hotel while his apartment is cleaned, changed his locks, and ponied up $23,817, all within 24 hours, Gawker reported.

The best part? Afterwards, the now infamous company Taiwanese Animators already has a 3D animated cartoon up about the incident. Though we will say, the video is a bit problematic by primarily featuring black actors in the overweight roles. What’s with that!?

But really, this is another example of the troubles around lax regulation of AirBNB which hopefully will be ironed out soon. The NYPD cleared the apartment, which costs New York City a chunk of change. That’s money that isn’t paid for by AirBNB, because hosts have so far skirted paying hotel taxes. The same is true in San Francisco. 

As we’ve reported previously, New York Attorney General Eric Schneiderman issued a subpoena to Airbnb last October, demanding information on New York City’s 15,000 hosts and 25,000 listings.

So far, San Francisco hasn’t pursued AirBNB with the same zeal. Maybe all we need to do is throw a few AirBNB hosted sex parties. 

Dispatches from SXSW: Painted Palms

Steven T. Jones
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After a long day of waiting in line in the sun, catching various 15-minute sets, and just being downright baffled by the enormity and complexity of SXSW (this is my first time), I lumbered my way to Maggie Mae to catch San Francisco’s psych band du jour, Painted Palms, at the Forcefield PR showcase (disclosure: I interned for Forcefield one summer a long time ago). The venue itself looked like Bottom of the Hill’s cousin but without the absurdly short ceilings and claustrophobia.

San Francisco power-punk act Tony Molina fronted by (you guessed it) Tony Molina packed a raucous and chaotic set into 20 minutes, which of course was too short, but then this is SXSW.

tony molina
Tony Molina

This was Painted Palms’ second show so far at SXSW. They are touring on debut LP Forever, which came out last January on Polyvinyl Records. The band is comprised of two cousins, Chris Prudhomme (vocals, guitar, hails from Bernal Heights), and Reese Donahue (electronics, hails from Western Addition).

Despite some minor technical difficulties, the psych-pop duo jammed out a sunny set full of spirited electronic sounds, a great soundtrack to lounge on for day-long retreat at Alamo Square or Dolores Park. Just minutes after the show, the  cousins joined me for a quick Q&A, where we discussed the origin of the name Painted Palms, whether or not they would ever cover The Talking Heads, and everyone’s favorite topic of conversation: the cost of living in San Francisco.

San Francisco Bay Guardian: Why are you called Painted Palms?
Prudhomme: I don’t know, people guess, and I think the best guess that someone has had so far is that William Randolph Hearst had a mansion and at the end of his life, he didn’t want to see death on his property. So whenever the palm trees died, he would have people paint the bark of the palms to keep it looking like they were still alive.

SFBG: This is your second show at your first-ever SXSW, how’s it going so far?
Prudhomme: We had some technical difficulties, but I think it’s something that with a full band is recoverable.
Donahue: I think [the show] was sketchy in the beginning…but it’s fine.

SFBG: So music journalists like myself often describe bands in a wrong manner. Tell me how do you describe yourselves?
Prudhomme: It’s psychedelic pop music.
Donahue: I think it focuses on pop structure, the structure of ’60s pop music. We have a fascination with ’90s electronic psychedelic stuff.

painted palms
Painted Palms

SFBG: Your influences?
Donahue: I’d say The Zombies, they’re just the coolest motherfuckers.
Prudhomme: Some of our influences also don’t have anything to do with the way our music sounds, a lot of it is just music personalities. I really like David Bowie a lot, but I don’t think our music sounds anything like David Bowie.

Donahue: My favorite band of all time is The Talking Heads, and I think the drummer was at our showcase earlier.

SFBG: The city is extremely expensive right now, which is especially tough on creative types such as musicians like yourselves. Has this impacted you? Is this a big worry for you?
Prudhomme: It hasn’t really impacted us that much because we’ve been doing the same kind of recording process for a really long time. We have a really cheap, raggeddy practice space in the Tenderloin.
Donahue: But we have to share it with five other bands to make the rent. I tried to move out and get my own place at one point but it didn’t work out. If I ever decide to leave San Francisco and live somewhere else, I don’t think I could come back. I do have rent control so it’s not something I’m worried about.
Prudhomme: I worry about it. I live in a big house with lots of tenants, which is the only way I can afford to live in SF. So whenever I have master tenants who are about to move out, I worry about my rent being jacked up.

SFBG: Is the East Bay an option?
Donahue: Oakland is fucking awesome…but I don’t know.

SFBG: Ever thought about covering a Talking Heads song?
Donahue: No, we’d never do that. I don’t think we could make those songs better.

SF bans water bottles

Michael Redmond
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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors on March 4 voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

"We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment," Board President David Chiu, who authored the legislation, said at the hearing. "That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco."

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, "for centuries, everybody managed to stay hydrated." (Francisco Alvarado)

Mass action against Keystone XL

Nine environmental activists were arrested in San Francisco for marching through the financial district and entering One Spear Tower on March 3, the building that houses local offices of the State Department, to express opposition to the proposed Keystone XL pipeline.

A day earlier, a mass protest against the oil pipeline was staged outside the White House in Washington, D.C. Roughly 200 protesters were arrested after using plastic zip ties to lock themselves to the White House fence.

Meanwhile, thousands more have made a vow — at least in the sense of clicking to add their name to a petition — to engage in peaceful civil disobedience if President Barack Obama grants ultimate approval for the oil infrastructure project, which would transport 830,000 barrels of crude oil from Canada to the Gulf Coast.

Nonprofit Credo Action has created an online petition urging people to get ready to respond with peaceful civil disobedience if the pipeline wins final approval. (Rebecca Bowe)

City weighs lawsuit over Airbnb

The San Francisco City Attorney’s Office is finally preparing to take action against the illegal short-term housing rentals facilitated by Airbnb, something we’ve been hearing that the Examiner also reported on March 6 ("SF landlords could face legal fight over rentals on Airbnb, other services"), an action that would address the company’s apparent stall tactics.

Despite a business model that violates a variety of San Francisco laws — most notably zoning, planning, and tenant regulations — and Airbnb’s flagrant flouting of a two-year-old city ruling that it should be collecting and paying the city’s transient occupancy tax (see "Into thin air," Aug. 6), the City has appeared unwilling or unable to enforce its laws or address these issues.

"We’re aware of multiple housing allegations, including some that community leaders have brought to us," City Attorney’s Office spokesperson Matt Dorsey told the Guardian, confirming that the office is considering taking legal action to enforce local laws governing short-term housing rentals but refusing to provide details.

Board of Supervisors President David Chiu took on the problem over a year ago, working with the company and its critics to develop compromise legislation that would legalize and tax the activities of Airbnb and its hosts, but the multi-layered legal and logistical challenges in doing so have so far proven too much for the otherwise effective legislator.

"My staff has held meetings with Planning staff and its enforcement team to discuss enforcement and related challenges. We’ve also been in touch with the City Attorney’s Office on these issues," Chiu told the Guardian, saying he and his staff have recently been focused on other tenants and secondary unit legislation, but they "plan to refocus on our shareable housing efforts soon." (Steven T. Jones)

Blaming pedestrians

ABC7 News Investigative Team’s new "investigative report" on pedestrian safety stirred controversy last week as street safety advocates called out the video for its insensitivity towards pedestrian deaths and lax attitude towards unsafe drivers.

Streetsblog SF and others in San Francisco said the report engaged in "victim blaming."

ABC7’s pedestrian safety coverage comes on the heels of a number of high-profile traffic collision deaths, including that of 6-year-old Sofia Liu, killed on New Year’s Eve. Since then, the Walk First program to create safer streets has garnered more attention, culminating in Mayor Ed Lee’s announcement today to partially fund safety improvements to the city’s most dangerous intersections, to the tune of $17 million — improvements that languished due to funding gaps since the program was announced in April.

But making all the needed improvements though would cost $240 million, according to city estimates, and that funding has yet to be identified. Suffice to say, the traffic enforcement debate still rages in San Francisco, with emphasis on the word ‘rage.’

"We’ve seen ‘blame the pedestrians’ from police and in the media," Leah Shahum, executive director of the San Francisco Bike Coalition, said at a pedestrian safety hearing in January. Police Chief Greg Suhr that night apologized for his officers’ lax enforcement of drivers, and focus on pedestrians, and pledged to change policies to focus on drivers going forward.

It’s too bad ABC 7’s I-Team didn’t get that memo.

"In San Francisco, simply stepping off the curb can be deadly," ABC reporter Dan Noyes narrates in their video report. The word ‘deadly’ is capped off with a Hollywood-style musical flourish, like a horror movie moments before the big scare.

"Pedestrians are making mistakes over and over again," Noyes narrates. The video cuts to pedestrian after pedestrian looking at cell phones, jaywalking, or otherwise engaging in unsafe behavior. It’s fair to say the piece, headlined "I-Team investigates what’s causing pedestrian deaths," places responsibility of pedestrian safety squarely on the shoulders of pedestrians. (Joe Fitzgerald Rodriguez)

High-speed challenges

The California High Speed rail project has been facing resistance that threatens to derail the project. Not only has public support for the $68 billion project wavered in recent years, now the project faces a legal battle that could delay the project before the first rail is laid.

On March 4, Sacramento County Superior Court Judge Michael Kenny ruled that a lawsuit brought on by King County can go to trial. The lawsuit raises questions about the legality of using 2008’s voter-approved Prop 1A funding, $9.95 billion worth of bonds, to upgrade and electrify Caltrain’s tracks and incorporate them into the high speed system.
Another concern was that the proposed high-speed system would not be able to pull through with its promise of a 2 hour 40 minute nonstop ride from downtown San Francisco to Los Angeles’ Union Station if the high speed system had to share tracks with Caltrain.

The lawsuit also threatens to leave San Francisco’s new $4.5 billion Transbay Terminal without its planned underground high speed rail station, which could be disastrous for that project as well.

None of this seems to faze Rod Diridon, executive director of the Mineta Transportation Institute based out of San Jose State University and former founding board member of the California High-Speed Rail Authority Board. He told the Guardian: "I think that [the project] will happen now. I think that our wonderful governor and our legislative leaders are going make it happen now…. If it was delayed it would only be a matter of time before it came back." (Francisco Alvarado)

Housing round-up: LGBT tenants, a singing protest, and a very sad mural

Sasha Cuttler And Mary Magee
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Housing round-up: LGBT tenants, a singing protest, and a very sad mural

At today’s (Tue/11) Board of Supervisors meeting, Sup. David Campos is introducing legislation to encourage large-scale developers to protect the housing rights of the LGBT community.

Same-sex couples nationwide are more likely to experience discrimination in their search for senior housing, a study by the Washington, D.C. based Equal Rights Center found.

To investigate, testers posed as gay or straight couples with otherwise nearly identical credentials, then submitted inquiries on senior housing in 10 different states. They discovered that in 96 out of 200 tests, those posing as lesbian, gay or bisexual residents experienced at least one type of adverse, differential treatment.

Meanwhile, according to the National Center for Transgender Equality, one in five transgender U.S. residents has been refused a home or apartment, and more than one in ten has been evicted, because of their gender identity.

Federal law does not expressly prohibit discrimination based on sexual orientation or gender identity. California law does, as do laws in 19 other states. Given these gaps in legal protection, real-estate providers can adopt their own policies to prohibit LGBT discrimination.

Campos’ proposal would require large-scale developers who wish to build in San Francisco to prove their commitment to equal housing opportunities.

“We want to know whether a developer hoping to build in San Francisco is protecting LGBT housing rights when they own or manage housing in states where legal protections don’t exist,” Campos explained. “By collecting this information, we can highlight best practices and urge those who do not have these policies to do the right thing.”

Under the legislation, developers would indicate whether they have national policies prohibiting LGBT discrimination. The Human Rights Commission would compile those policies and present it annually to the Board of Supervisors.

Elsewhere on the housing front, POOR Magazine founder Lisa Gray-Garcia (aka “Tiny”) led a group of anti-eviction activists into City Hall this morning, where they broke into song to call attention to the eviction of a family from a public-housing unit in the Fillmore neighborhood. They linked the eviction with a broader trend of African American out-migration from San Francisco, and sang spirituals.

Gray-Garcia reported that the group, which she estimates at roughly 30 people, encountered resistance from the Sheriff’s deputies who provide security in City Hall. “They said we were an unlawful assembly because we were singing,” she said. So the protesters proceeded upstairs, whispering, to stand outside Mayor Ed Lee’s office. Then they broke into song again, she said.

“We’re talking about a family about to be evicted tomorrow, that’s how serious this is,” Gray-Garcia told us. She said she’d spoken to someone from the mayor’s office, Carl Nicita, who “to his credit, he listened to us and he said ‘I’m going to tell the mayor.’” (We’re working on finding out more about the eviction and how the city will respond.) 

As a final housing-related tidbit, head over to the Mission to check out the new Clarion Alley “Wall of Shame” mural, featuring a list of what the artists perceive to be the root forces of gentrification (Both Google buses and corporate giveaways to tech companies made the list).

Inscribed on some tombstones near the bottom: “So long San Francisco, As We Knew It. (Historic Counter-Culture & All.)”

On the flip side, the artists also included a list of solutions.

Bryan Augustus contributed to this report.

Three upcoming events on housing in San Francisco

Sasha Cuttler And Mary Magee
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Three upcoming events on housing in San Francisco

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

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

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

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

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

Details here.

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

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

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

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

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

Wed/19: Affordable housing from multiple perspectives

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

The panelists will include:

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

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

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

Tim Colen , Executive Director of San Francisco Housing Action Committee

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

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

Details here.

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

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

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

Feds indict SFPD cops, alleging a drug ring and shakedowns of the poor

Sasha Cuttler
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Feds indict SFPD cops, alleging a drug ring and shakedowns of the poor

Federal grand juries today indicted four San Francisco Police Department officers, an SFPD sergeant, and a former SFPD officer on a variety of corruption, civil rights violations, and theft charges stemming from illegal raids on poor residents of single room occupancy hotels in San Francisco.

“Our department is shaken,” Police Chief Greg Suhr told reporters at a morning news conference. “This is as serious a matter as I’ve ever encountered in the Police Department.”

Yet Suhr also distanced himself from scandal, telling reporters, “This conduct occurred before my time as chief.” Shortly after Suhr was sworn in as chief in April 2011, he changed department policies related to the SROs, including preventing officers from using pass keys to enter the buildings without a warrant or the rooms without probable cause.

The pattern of alleged criminal behavior by SFPD officers was exposed in early 2011 by Public Defender Jeff Adachi, whose investigators found video surveillance from the Henry Hotel and other local SROs that supported defendants claims that police were shaking them down and then submitting false police reports.

“The indictments today are a victory for ordinary San Franciscans,” Adachi told reporters today, emphasizing that in addition to personally profiting from the shakedown, these officers were also submitting false testimony in perhaps hundreds of cases, including 100 that his office has gotten dismissed. “These allegations not only involve violations of the constitutional rights of our clients, but also lying on police records that were used to sent individuals to prison based on the testimony of these officers.”

Once the videos were made public, the investigation was referred to federal investigators because District Attorney George Gascon’s office had a conflict of interest, given that he had just come from serving as police chief in the SFPD, where he presided over the officers involved in this scandal.

Gascon issued a public statement saying, “I am relieved to know that the officers have been indicted after I referred the matter to federal authorities. It is extremely disappointing that the officers violated the trust of the community and tarnished the reputation of all the hard working men and women in uniform. As law enforcement, we must all work hard to ensure our agencies operate with the highest integrity and are deserving of the trust the public bestows upon us.”

Raw video of the press conference via KTVU.

His office didn’t respond to Guardian questions about his culpability in the scandal, but Gascon is likely to be asked about it when he holds a press briefing this hour. [UPDATE 5:30PM: During a brief press availability, Gascon said the indictments shouldn’t be considered a reflection of his leadership of the department: “Anytime you have a large organization, you are going to have people who operate outside the boundaries of what is acceptable.” Asked by the Guardian when he became aware of allegations that his officers were being accused of shaking down tenants in the SROs, he said, “We became aware at the same time everyone else did, when the videos came out.” The press availability was cut off after 10 minutes because Gascon was giving a State of Public Safety speech upstairs, showing up 25 minutes later, but spokesperson Alex Bastian said he would try to get answers tomorrow to Guardian questions about Gascon’s record and independence when it comes to prosecuting police abuse cases.]

Those indicted today were Officers Arshad Razzak, Richard Yick, Raul Eric Elias, and Edmond Robles, and Sgt. Ian Furminger. Also indicted was former officer Reynaldo Vargas, who was caught on videotape appearing to steal a laptop computer from a tenants in the Henry Hotel, and who Suhr said was dismissed from the SFPD before the federal investigation began.

Suhr also said that all of those involved have been on administrative duties throughout the investigation, which the SFPD cooperated with, and that some of them (he couldn’t say how many) were also required to turn in their firearms.

These indictments also don’t appear to be the end of this unfolding scandal. “There were other officers involved and they will be dealt with administratively,” Suhr said without providing details. When asked by the Guardian whether anyone in the command staff may face discipline, Suhr said “no.”

But with these six facing possibly lengthy prison terms, it will be interesting to see what they have to say about what others in the SFPD knew about their actions, which also allegedly involved running a drug ring out of Mission Station, where Furminger, Robles, and Vargas are accused of illegally seizing and selling marijuana.

Adachi wants to see this investigation continue: “It would be hard to believe that nobody who was involved in supervising these officers was aware of it.”

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

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

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

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

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

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

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

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

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

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

 

Ammiano Introduces Bill to Stem Evictions from Affordable Housing

 

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

 

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

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

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

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

New Legislation Closes Ellis Act Loophole for San Francisco

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

to Stop Speculative Evictions in San Francisco

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Chiu and others get stung for support from speculators and evictors

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Chiu and others get stung for support from speculators and evictors

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

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

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

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

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

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

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

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

Kelly challenges Cohen in D10

Sasha Cuttler
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Kelly challenges Cohen in D10

After being narrowly edged out in the race for the District 10 seat on the Board of Supervisors four years ago, Potrero Hill political activist Tony Kelly says he will launch his campaign for the seat tomorrow [Wed/18], challenging incumbent Malia Cohen.

In 2010, after former Sup. Sophie Maxwell was termed out, the D10 race was a wide open contest that had low voter turnout and the squirreliest ranked-choice voting ending that the city has seen. On election night, former BART director Lynette Sweet finished first, followed by Kelly, a third place tie between Cohen and Marlene Tran, and Potrero Hill View publisher Steve Moss in fourth.

But the strong negative campaigning between Sweet and Moss, the leading fundraisers in the race, allowed the likable but then relatively unknown Cohen to vault into the lead on the strength of second- and third-place votes, finishing a few hundred votes in front of Kelly, who came in second.

Cohen has had a relatively unremarkable tenure on the board, spearheading few significant legislative pushes and being an ideological mixed bag on key votes. But she’ll likely retain the support of African American leaders and voters in Bayview and Hunters Point, and enjoy the always significant advantage of incumbency.

Kelly hopes to turn that advantage into a disadvantage, tying Cohen to City Hall economic development policies that have caused gentrification and displacement. “Too many San Franciscans face an uphill battle, especially here in District 10,” Kelly said in a statement announcing his candidacy. “Our district is part of one of the richest cities in the richest state in the richest country in the world, and yet our neighborhoods are home to the highest unemployment rates in the City, our homeowners are at risk of foreclosure, and our tenants at risk of evictions. This is unacceptable, and we must do better.”

Kelly and his supporters plan to file his official declaration of candidacy tomorrow at 12:30pm in the Department of Election office in the basement of City Hall.

 

 

Staying power

Michael Redmond
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Staying power

rebecca@sfbg.com

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

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

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

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

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

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

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

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

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

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

 

MAINTAINING DIVERSITY

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

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

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

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

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

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

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

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

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

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

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

 

ELLIS ACT UNDER FIRE

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

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

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

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

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

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

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

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

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

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

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

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

 

LOCAL POLICY CHANGES SOUGHT

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

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

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

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

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

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

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

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

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

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

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

 

TENANTS FIGHTING BACK

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

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

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

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

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

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

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

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

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

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

Seeking solutions

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

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

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

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

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

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

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

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

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

Granny slap

Michael Redmond
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0

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

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

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

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

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

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

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

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

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

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

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

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

Higher wages and tenants’ rights, for the win

Michael Redmond
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10

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

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

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

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

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

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

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

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

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

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

 

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