Tenant News and Events
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Also Check BeyondChron.com For Excellent Tenant & Housing News Coverage
EVENTS
May 2008
Tenants from across the city will be coming together on March 15, 1 PM at the Main Library, Koret Auditorium to learn about Prop 98 and to get plugged into the campaign against Prop 98. If you want to save rent control, please come--we need your help!
Jose Morales Evicted But Gets To Stay Pending His Appeal
Judge Ronald Quidachay has ordered the eviction of Jose Morales after denying Jose a jury trial. However, Jose has appealed the decision and will be allowed to remain in his home pending the outcome of the appeal. The appeal will go to the California Court of Appeals and should take several months at least. Although Jose had 4 good defenses which could have resulted in him defeating the eviction--and which certainly should have brought his case before a jury--Jose lost and never got to tell his story to a jury. Despite the landlord misidentifying the address of the building being Ellised, incorrectly stating the rent on the Ellis eviction filings and indicating in depositions that re-rental of the unit was a possibility, and making clear statements that the eviction was retaliatory, Jose lost on all 4 defense, with the judge ruling that, first, the defenses would not go before a jury but would be ruled on by the judge and then ruling against Jose on all 4 issues.
What the case really showed was how scared the pro-landlord courts are to let these eviction cases get to a jury, knowing full well that when citizens looked at the facts and saw the impact of evicting a 78 year old man from his home of 40 years they would not order the eviction--so the judge had to order the eviction.
The only good news is that Jose was granted an appeal and allowed to stay in his home pending the outcome of the appeal. This will take several months and will get Jose to a court with Judges a little less tied to San Francisco landlords. Even if his appeal ultimately loses, he will at least get several more months to find new housing--if he can, because the question when a 78 year old on living on disability is where can he find housing?
NEWS
PROP H PROVIDING FOR INCREASED RELOCATION BENEFITS FOR NO-FAULT EVICTIONS PASSED BY VOTERS AND BECOMES LAW
Prop H on the November 7, 2006 ballot easily passed to become law. Prop H will provide each tenant with $4,500 in relocation when tenants are evicted for Owner Move-In, Capital Improvements, Demolition, or Substantial Rehabilitation. In addition, tenants who are senior or disabled will get an additional $3,000. Household with children under 18 will also get an additional $3,000. The measure applies to all eviction notices issued on or after August 10, 2006. If your are now facing one of these evictions, you will be entitled to these higher relocation benefits (for information on how to collect it, we advise you to come into our drop in clinic.
LEGISLATION PROVIDING FOR 60 DAY NOTICES FOR NO FAULT EVICTIONS TAKES EFFECT JANUARY 1, 2007
Most No-Fault evictions will now require a 60 day notice, rather than a 30 day notice, effective for all notices issued on or after January 1, 2007. The bill does not effect Ellis Act evictions, which require 120 day notices or 1 year notices for senior and disabled tenants. Nor does it cover tenancies which are less than 1 year. No-Fault evictions are those where a tenant is being evicted other than for a breach of the rental agreement or some other "fault" such as not paying the rent. The most common no fault evictions in San Francisco (other than Ellis) are for Owner Move In, Demolition, or Capital Improvements. Assembly Bill 1169 was passed by the California legislature and signed into law by Gov. Schwarzeneger during the 2006 session and amended California Civil Code 1946.1 to provide for the new 60 day notice requirement. For a copy of AB 1169, click here.
Landlords' Now Need a Just Cause In Order to Take Away Parking, Storage, Laundry & Other Similar Services
Sup. Ross Mirkarimi's legislation to severely limit the ability of landlords to take away parking spaces, laundry facilities, storage facilities or other similar tenant "services" became law as of July 27, 2006. The new law prohibits landlords from taking away "services" such as parking spaces, laundry, storage, decks, and yards unless the landlord has one of the 14 just causes of eviction (i.e., that the tenant's use is constituting a nuisance. Click here for copy of law.
Buildings With Evictions Now Banned From Converting To Condos
Sup. Aaron Peskin's ;egislation banning condo conversions for buildings with certain evictions has become law. The measure prohibits any conversion of a building which has had, since May 1, 2005, either multiple evictions (i.e. in 2 or more units) or any single eviction of a senior or disabled tenant. The evictions triggering the ban include all no-fault evictions under the rent law, not just Ellis evictions. The eviction prohibitions will become part of the basic eligibility criteria for conversions. Thus the eligibility criteria will be 2-6 unit buildings which have not had evictions and which have been owner occupied for 3 or more years. The legislation will severely limit Ellis evictions as buildings where all tenants have been evicted will not be able to convert to condominiums—the primary motivation for Ellis evictions. Tenants facing TIC conversions should make sure the landlord and any potential buyers know about these restrictions.
CALIFORNIA SUPREME COURT UPHOLDS INCREASED RELOCATION BENEFITS FOR ELLIS EVICTIONS AS LEGAL
Court of Appeals Had Upheld SF Relocation Law; Landlords Appealed To Supreme Court
Legislation passed by the Board of Supervisors to increase relocation benefits has been ruled legal by the California Supreme Court. The increased relocation benefits had initially been held illegal by SF Superior Court Judge James Warren but then upheld as legal by the California Court of Appeals. Landlords appealed that decision to the Supremem Court but the Supremem Court denied review, thus upholding the Ellis relocation amounts. There are no more appeals possible so the decision is the final word on the matter.The law upheld did not directly increase the benefits but expanded them to all tenants (not just low-income) and provided for $4,500 per tenant, rather than per household.
Regulations Will Give Tenants Decrease In Rent If Landlord Blocks Move In
The Rent Board adopted regulations implementing the Family Protection Act, which allows tenants to move in their spouse, domestic partner or immediate family members. The regulations will make it easier for tenants to do this without having to resort to defending themselves in an eviction action in court by providing that a landlord's refusal to allow the move in will warrant a decrease in rent. Alternatively, tenants or landlords could petition the Rent Board for a declaratory judgment as to whether or not the move in is allowed under the law. The legislation broadly allows such move-ins, giving an unconditional right to move in spouses, registered domestic partners, or immediate family members, even when the lease would otherwise prohibit such a move in.
GET ACTIVE!
The SFTU asks all tenants to help lobby for this legislation. We need tenants to call, e-mail, fax and write Supervisors. Come to the hearings! See Get Active for Supervisors' names, phone numbers and e-mail addresses.
Get Active! Contact Supervisors!
