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Rent Control Explained: History Of LA’s Tenant Protections

Rent Control Explained: History Of LA’s Tenant Protections

Rent Control Explained: History Of LA’s Tenant Protections

by  Caitlin Hernández  | Aug 30,2023

Rent control can either be your friend or your enemy.

The laws are often the bane of landlords who’d like to charge more and a potential safety net for tenants who can’t afford steep rent hikes. But why it’s around isn’t necessarily because politicians want to protect the little guy — rent control has historically been used to mitigate another problem.

If you want a breakdown of how rent control may work in your area today, here’s the guide for that. But in this one, we’ll explore more of the backdrop: how high inflation, wartime efforts and a housing crisis birthed different eras of rent control.

The wartime effect

L.A.’s first round of modern rent control came more than 80 years ago — and it was perhaps the strictest we’ve seen.

When World War II began in 1939, industrial employment ballooned. The Great Depression was easing, so workers migrated to Los Angeles in the tens of thousands for employment. But the surge in population, combined with the war effort, created a perfect housing storm that lasted for years.

More people were coming at a time when our housing stock couldn’t keep up. About 15,000 residential projects went unfinished because labor and supplies were diverted to the war, according to research from the UCLA Luskin Center. With demand way up, many people had no choice but to live in severely overcrowded and unsuitable conditions. The situation was so dire when a federal study was conducted that a veteran shar

A 1945 poster letting tenants know about their rights under rent control. (United States Office of Price Administration/ Illinois Digital Archives, Illinois State Library, and Secretary of State Alexi Giannoulias)

ed how he was living in a house with 18 other people while trying to turn a chicken coop into a place to stay.

The ultimate solution would be more housing, but that would take years to improve. In the interim, the federal government deployed a rent freeze (and other price controls) in 1942 to ensure essentials remained affordable. Alisa Belinkoff Katz, lead author of UCLA’s study of rent control in L.A., says this move made rent control part of the war effort and more acceptable to landlords.

“It was considered sort of the patriotic thing to do, at least at first while the war was going on,” she said. “It became something that was widely publicized and that people were engaged in.”

That publicity campaign helped to make tenants aware of their rights. Landlords and renters were also required to sign a property registration form that recorded the rent amount under the freeze. To Katz, the tenants who kept tabs on compliance, along with federal enforcement, is what made the rent freeze effective.

The support of landlords didn’t last long, though. The L.A. County apartment association’s president at the time, David Culver, complained about treatment in a meeting with landlords, and together they vowed to take action. They argued that the rent cap was too low to afford taxes and maintenance, and some threatened to take their rentals off the market.

Once the war ended, rent control became a ticking clock. After a postwar federal housing act went into effect, allowing local governments to lose the rules, the L.A. City Council voted to decontrol. Residential rents went back under the sway of the market.

Rent Control

Property owners cheer as the L.A. city council votes 10 to 4 in favor of rent decontrol on July 2, 1950. More than 2,500 owners and tenants packed the council chamber. (Herald Examiner Collection / Los Angeles Public Library)

 

‘Stagflation’ in the 1970s and Proposition 13

Decades later, L.A. was in a different predicament.

An oil crisis was going on, aiding a surge in inflation while economic growth was at a snail’s pace. This is when the term “stagflation” was coined (a portmanteau of stagnation and inflation). Among a number of other things that became more expensive, L.A. home prices were skyrocketing along with owners’ property tax bills.

Landlords again organized around this issue. Howard Jarvis, then-executive director of the L.A. County apartment association, went down in history as the champion of 1978’s Proposition 13 — a measure that aimed to cap property tax rates. But in order for it to pass, he knew that the state’s renters — which made up 45% of households, according to Katz’s research — needed to be convinced to vote for the proposition.

Rent Control

Howard Jarvis and Paul Gann, co-sponsor of the measure, celebrating after Proposition 13 was declared a winner on June 6, 1978. (Ken Papaleo / Herald Examiner Collection/Los Angeles Public Library)

Landlords got involved to persuade their tenants. They argued that getting their tax bills reduced would trickle down to their tenants, too. Some even offered rent rebates if it was successful. But after Proposition 13 prevailed at the polls, the rose-colored glasses fell off. Despite what they’d said previously, many owners continued to raise their rents — some by more than 20% that same year.

“It should be an incentive to keep rents low, one would think,” Katz said. “But it hasn’t worked out that way because property values continue to rise all over the city. [It helps landlords] because their taxes aren’t going up. So if their taxes are stable and their rents are allowed to increase all the time, then of course it helps them.”

In effect, the law was a type of rent control but for landlords, because it lowered their property taxes and limited increases.

Renters feeling the pinch

Demand for tenant protections was high in this decade, especially in middle-class communities. Renters had few rights and people were feeling the pinch.

“Our phone started ringing off the hooks,” said Larry Gross, executive director of the Coalition for Economic Survival. “It appeared that the speculators discovered Los Angeles. They were buying up rental units throughout the area, raising rent, putting a fresh coat of paint on it, some minor repairs, and then selling it again.”

Gross was one of the key people leading the fight for rent control and helped organize tenant unions. He says some apartment buildings were getting flipped four to five times a year. And after Proposition 13, he says the “lid blew off” with rent.

It was the first of many broken promises that landlords provided to their tenants. — Larry Gross, executive director of the Coalition for Economic Survival

Renters rallied, urging L.A. leaders to take action. The city council members who represented white, middle-class districts supported the measures, but the ones leading Black and Latino districts did not. Back then, rising rent was viewed as a middle-class problem, and community leaders in lower-income districts worried that rent control would drive away investment in their communities.

Still, the council got enough support to roll back and temporarily freeze rents. Mayor Tom Bradley claimed it was a necessary step to halt “outrageous rent increases.”

The freeze gave the council time to draft a long-term response, which is where the Rent Stabilization Ordinance in place today came from. With this law, landlords can only increase rent in certain properties (built on or before Oct. 1, 1978) generally between 3% and 8%, based on inflation. (There’s a rent freeze on these properties currently because of COVID-19.)

Where we are now

Since the ’70s, a lot has changed. Rent control has grown to multiple cities, but so have the legal battles surrounding it.

“It’s literally been somewhat of a cat-and-mouse game with landlords,” Gross said. “Because landlords will find loopholes in the law and then use that to evict tenants or increase rent. And then we’d identify those loopholes and we get the city council to close them.”

Property owners looked to change these rules, too, and they got key laws passed from higher up.

New rent laws

1985: The Ellis Act, a California law that allows landlords to evict residential tenants in order to leave the rental business, passes. A landlord filed a lawsuit against Santa Monica, which instituted rent control six years earlier, for refusing to let him demolish his rental property, claiming it was in bad repair. He lost the case when it reached the California Supreme Court, but shortly after the state legislature passed the Ellis Act.

1995: The landlords’ grand slam, the Costa-Hawkins Rental Housing Act, passes. This was the state legislature’s response to landlords’ building frustration with rent control laws, which were more regulated in some cities.

West Hollywood and Santa Monica, had the strict “vacancy control” rule. Under that provision, owners couldn’t raise rents to market rates between tenants, but small increases were allowed during tenancy. The act made that provision illegal statewide.

It literally puts a bullseye target on the back of particularly low-rent, long-term [rentals]. — Larry Gross, executive director of the Coalition for Economic Survival

“It literally puts a bullseye target on the back of particularly low rent, long-term [rentals],” Gross said on the removal of vacancy control. “If they get those tenants out by any means, they can jack up rents to whatever they want.”

The act also prohibited rent control on residential properties built after Feb. 1, 1995, excluded single-family homes and condos, and generally tied city leaders’ hands.

“It froze existing local rent control laws,” Katz said. “It had a huge impact because it prohibited what local governments were able to do to protect renters in their jurisdictions.”

2019: The Tenant Protection Act created a statewide rent increase cap. This cap is adjusted yearly based on inflation. It’s intended to prevent very large increases. And, coming soon, California will be voting on rent control in 2024 (for a third time).

Navigating rent control

It can be tough to easily understand how, when, and where rent control affects you. Everything can change depending on what city you’re in, your building type and when it was built.

Some basics you should be aware of are the main types of rent control:

  • Rent freeze (rents are not allowed to rise at all in a given period).
  • Vacancy control (rent can’t rise to market rates between tenants, but smaller increases are allowed during tenancy — this is illegal in California).
  • Vacancy decontrol (rents can rise to market rates between tenants, and increases are allowed during tenancy — the standard in the state now).

Another way that rent control can change is with how much of the consumer price index, which measures inflation, gets factored in.
For example, the city of L.A. typically lets rent controlled properties increase between 3% and 8% a year, depending on the full rate of inflation. But Katz says that other cities have used a lower percentage of CPI. And the city of L.A. has a freeze on increases in rent controlled buildings until February 2024.

Cities with floors for increases, like L.A., can wind up with a problematic deal for renters and a better one for landlords if rents rise above CPI.

“Several times in the last few years, CPI has actually risen less than 3%, but landlords were allowed to raise the rents by 3%. So that’s another question, whether that should be adjusted,” Katz said.

Figure out where you stand

Rent control is a tangled web of seemingly boring rules, but it does have real effects. To supporters of the protections, the aim is about keeping things affordable and fair.

“It helps to give some security to tenants in a sense that it extends the protections that homeowners have,” Gross said. “What rent control does is level the playing field.”

If you’re a renter and would like to know more about where your home stands with rent control, check out my colleague David Wagner’s cheat sheet to rent hike. If you’re in the city of L.A., you can also put your address into ZIMAS and check the housing tab to see what laws apply.

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Should I Sign a New Lease To Guarantee Services?

Should I Sign a New Lease To Guarantee Services?

Should I Sign a New Lease To Guarantee Services?

Our building was sold to the notorious Lembi Group back in the day and they tried to evict all rent-controlled tenants under Costa Hawkins.  We hired a lawyer and went to the rent board who determined that we were indeed tenants and that Costa Hawkins didn’t apply.

As part of that case, the lawyer from the Lembi Group (CitiApartments) informed us that the previous landlord didn’t have a lease on file for us.  We were never given a copy of the lease either, as the apartment’s original tenant moved away and subsequent tenancies were handled verbally with the landlord.

It’s a 4-bedroom apartment with a fairly consistent group of roommates – in the past, when a roommate left, the new roommate was approved verbally by the landlord.  No 6.14 notices were ever presented.

When CitiApartments went under, our building was sold again.  The new owners pressured me to sign a new lease, but the Tenants’ Union said I shouldn’t sign one – they said a lease is essentially just a list of reasons for the landlord to be able to evict you.  After my experience with CitiApartments, I was suspicious of all landlords and I didn’t want to sign anything that might give them an excuse to evict us, so I never signed a new lease.

I have now been living under the new management for about 4 years with no written lease.  Several months ago our washing machine broke.  This is a washing machine that was provided by the original landlord years ago, along with the other appliances.  When I contacted the management company about it, they said they weren’t responsible for it since I didn’t have a written lease stating that they provided it.  They said they would take responsibility for it if I would sign a new lease that included the washing machine and other appliances.

They were using the situation as leverage to force me to sign a lease, so we chose to pay for the repairs ourselves. They have done other repairs without pressuring me – plumbing issues, water damage – but the washing machine is the only appliance we’ve had issues with so far.

It’s been several years now and this management group seems to be pretty good.  They’ve done some long-needed repairs on the building and appear to be a decent company.  So now I’m wondering if I should sign a lease.  I don’t want to have to pay for all repairs to appliances myself, but I don’t want to put myself in a position to be evicted.

Do I need a written lease? If so, what tricks/clauses/loopholes should I watch out for?

I’m glad you mentioned your past experience with the Lembi Group and Citiapartments. It may seem like the distant past now, but as the US Congress for the Rich continues to push for more banking deregulation, we could easily see more real estate investment financed by junk bonds, credit default swaps abetted by derivatives. And once again tenants and regular working people will be required to bail out the institutions that aided and abetted the landlords who harassed and evicted them. For a great take on the Lembis and real estate investment circa 2009,  take a look at “War of Values,” by my friend Danelle Morton.

I tend to agree with the Tenants Union on this one. Why? Because you’ll be presented with a 20+ page lease, like the San Francisco Apartment Association lease, in which several clauses come close to being void as against public policy along with others may weaken your rights under the San Francisco Rent Ordinance.

Right now, your oral agreement does not contain any terms that you could could breach, subjecting you to a potential unlawful detainer (eviction) lawsuit. The oral agreement doesn’t contain any clauses limiting subletting. Not that such a clause would present as much of a problem as it did in the old days. An oral agreement cannot be enforced to collect any late fees, which must be stated in a written agreement, but there are arguments that late fees cannot collected or when they can be collected, they can only be based upon the California legal interest rate of 10%. About the only way the landlords could evict you with cause would be for nonpayment of rent.

Generally, I only recommend that tenants sign new leases that may modestly increase the rent for single family dwellings, houses or condominiums.

“Most landlords who rent single family houses in San Francisco don’t have any incentive to require tenants to sign a longer term lease because they can increase the rent to whatever the market will bear. Remember, your tenancy is not covered by the price controls in the Rent Ordinance because you live in a house. Thank your state legislators for the Costa Hawkins Rental Housing Act which fucked over thousands of tenants in California. Because Democrat legislators don’t have the guts to repeal Costa Hawkins, like herpes, it’s a gift that keeps on giving.”

So let me get this straight. You’re thinking of signing a new lease because you want the landlord to repair the washing machine?

When you seek a decrease in services at the Rent Board to require that the landlord reduce your rent for the period of time the washing machine was unusable, you state that your oral agreement provided the use of the washing machine. This would be especially true if the washer is located in your unit. How are the new landlords going to deny that? They weren’t around at the time the agreement was made.

Is this argument foolproof? Maybe not, but it’s worth a shot and the advantages far outweigh signing a brand new lease. That is, unless the lease contained only two clauses: 1) The rent is due on the first; and 2) The washing machine is a housing service provided in the tenancy.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

Can My Landlord Refuse To Allow Me An Emotional Support Animal?

Can My Landlord Refuse To Allow Me An Emotional Support Animal?

Can My Landlord Refuse To Allow Me An Emotional Support Animal?

Can a landlord legally refuse to rent to a tenant who owns a dog (service animal), if the prospective tenant is disabled and the dog helps his disability?

If not, what if the disability is only psychiatric in nature?

And if not, how would the prospective tenant be able to prove to the landlord that his dog is for his disability?

If your lease prohibits pets (and many of them do) a landlord can initially refuse to allow a tenant to get a pet. Note that I said initially. If you are disabled and you need a service animal to provide service or emotional support, you have the right to ask your landlord to allow a pet in the premises regardless of the language in the lease. A service animal is not a pet.

A guide dog for a blind person is a classic service animal. A landlord who refused a request for such an animal is clearly discriminating against the tenant based upon disability.

A request to allow an emotional support animal is a little more tricky, but your rights are still clearly defined under the law.

Asking your landlord to add a pet based upon your disability is called a request for a reasonable accommodation. Your request must be reasonable. For example, you cannot request that the landlord, to accommodate your disability, purchase Malachy, the pekinese best in show winner at this year’s Westminster Kennel Club dog show and add him to your lease. That would be unreasonable.

It might also be unreasonable to get a big, untrained, vicious dog because the landlord could be liable if the dog bit someone in the building.

You must also be prepared to prove to the landlord that you are disabled within the meaning of the Americans with Disabilities Act.

If your disability is psychiatric your are absolutely entitled to request a reasonable accommodation that could include owning a service animal.

The Bazelon site is the “go to” resource for any questions about the law pertaining to mental disability and your rights under the various laws that prohibit discrimination based upon mental disability.

Usually you can get a letter from your treating doctor describing your disability and that having a pet would mitigate your, say, your anxiety disorder. The Bazelon link above provides a sample doctor’s letter that briefly describes the patient’s mental disability and “prescribes” a pet to provide some alleviation of the symptoms.

If you are planning to request a reasonable accommodation to get a companion animal, you should also check out PAWS (Pets Are Wonderful Support). In San Francisco they are now a division of the Shanti Project . Their site provides a step-by-step procedure to request a reasonable accommodation to get a support animal. The PAWS suggestions about a health provider’s letter are simple, accurate descriptions of the legal requirements for such a letter:

In order to prove that a dog is a service or support animal, you may be asked to have documentation from a licensed professional (doctor, nurse practitioner, psychiatrist, other mental-health professional or social worker) stating that the animal is an essential part of treatment for a disability. A doctor’s letter must have two essential components.
1. It must state that you have a disability. The disability does not need to be identified. 2. It must state that it is the professional opinion of the provider that is it essential for you to have a service/support animal.

From my point of view, the biggest mistake a tenant can make is getting a pet first and then attempting to justify the need for the animal later–after the landlord, during his annual, unannounced, illegal inspection, discovers Fluffy hiding in a closet.

If your lease prohibits pets, ask first, in writing. If your landlord accepts your request, get it in writing. If your landlord refuses and you can demonstrate your need based on disability, go through the steps as outlined above.

If you are not disabled and your landlord refuses your request, forget it. I’ve seen too many instances in which long-term tenants are forced to choose between their beloved dog and living in the streets.

UPDATE:

As I noted in my comments in the SF Appeal, I answered the question assuming that the reader already lived in her apartment.

Indeed a request for reasonable accommodation before one leases an apartment will be considerably more difficult. If prospective tenant applies to rent an apartment in “no pets” building, discloses his or her disability and asks for a reasonable accommodation to have a service animal, a landlord could simply refuse to rent based upon other criteria.

It might be difficult and expensive to prove that the landlord discriminated against the tenant based upon his or her disability.

If you suspect that a landlord has rejected your application to rent because you are disabled, you should file a complaint with the California Department of Fair Employment and Housing.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

My 24-Unit Building Is For Sale, Should I be Worried?

My 24-Unit Building Is For Sale, Should I be Worried?

My 24-Unit Building Is For Sale, Should I be Worried?

I live in 24-unit building in the Western Addition, built long before 1979. It is three stories and, all of the units are either studios or one-bedrooms.  I’ve been there 7 years and pay about $2000 a month for a one-bedroom unit. 

Yesterday we received notice from the property management company that the owner of the building has decided to sell it. I’ve always assumed that because the building is so large it wouldn’t be turned into condos, have owner move-in evictions, etc. Now that it’s being sold, of course I’m worried about what will happen next. Do you have any advice for what we should be aware of with new ownership?  

A few years ago I would have been cautiously optimistic in my answer to your question.

Then, as now, a 24-unit building was ineligible for condominium conversion. An owner-move-in eviction of a given unit sold as a tenancy-in common (the allocation of a single unit to an owner with a shared interest in a building) would have been next to impossible to accomplish, because an OMI requires ownership of a 25% interest in the entire property. An Ellis Act eviction (removing all of the tenants from the building to exit the rental business) would have been impracticable because the highest and best use of a 24-unit building remains as a rental income property.

So it’s likely I would have reassured you that your tenancy would be safe, barring the return of the Lembi family to the San Francisco real estate investor landscape.

But that was yesterday and yesterday’s gone. No tenant is immune from the huckster-carpetbaggers who epitomize today’s new real estate tycoons.

During the last few years, I have noticed an alarming trend. Companies/LLCs often purchase larger rent-controlled buildings like yours with the intent to renovate vacant units, turning studios into one-bedrooms and one-bedrooms into two-bedrooms, etc.

You may ask, how do the units become vacant? There may be a few vacant units in the building as a result of inevitable tenant turnover—the seed units, if you will.

Often the new owners will send the remaining tenants the old “win-win letter,” which goes something like this:

“We are reaching out to you ahead of the start of construction to notify you of the work and also take the opportunity to make you aware of a program the owners have created to help tenants transition into new housing. Some tenants are understandably sensitive to construction activity in close proximity to their unit, and thus one opportunity we would like to bring to your attention is to reach an agreement whereby you would agree to vacate your unit at some agreed upon date in the future, in exchange for a payment of money.”

You know…heads we win, tails you get to live in a noisy, dusty, filthy  construction zone—unregulated by an emasculated EPA, barely regulated by a building department with bigger fish to fry and ignored by a build, build, build planning department. And from a legal perspective, not quite uninhabitable enough to justify moving and suing. You’ve just entered the Tenant Twilight Zone.

“And thus one more opportunity we have to procure a vacant unit.”

How can you find out if your building is slated to double its population?

1. Get a copy of the sales listing or a prospectus for the building. Because this type of project will attract more sophisticated investors, a more detailed proposal may be available, one that includes renovation cost estimates per unit, along with projected income for a renovated unit. If the listing includes these details, then you can begin to plan for the inevitable.

2. You can gain valuable insight into a bare bones listing by analyzing the income and expenses. If the price of the building is comparatively low based on net income, it may not be a candidate for renovation.

3. If the building sells, get as much information as you can about the new owner(s). Find other properties they own or have owned. You can search for recorded documents online here and check the San Francisco Property Information Map for more detailed information.

4. Speak to other tenants in the building. Your combined knowledge will be much more complete…and powerful. Create a listserv. Begin to work as a group, a team. Go to the San Francisco Tenants Union to learn how to organize.

5. Try to get information from the real estate agents handling the sale or the current owners. Occasionally, somebody associated with the building may blab. The first rule of speaking to those in the know: keep your ears open and your mouth shut.

6. If the new owners offer you a chance to discuss a buyout, you or a representative tenant from your group may want to consider signing the Pre Buyout Disclosure form. Signing the form does not obligate you, in any way, to accept a buyout; but it may, in some circumstances, represent another method to gain information from the new owners or their representative. Get the owner to explain why your buyout offer is so low. He may want to rationalize his offer by explaining why his costs are so high. Ask lots of questions and listen carefully.

7. If the new owners begin their construction, don’t wait to complain about the noise and the dust and the trip hazards in the hallways. Always document your complaints in writing. Coordinate your complaints with the rest of the tenants. Give the owners one chance to remedy and if they don’t, call a housing inspector at the Department of Building Inspection.

8. Finally, call your San Francisco supervisor. He or she needs to hear your complaints loud and clear and often. He or she may begin to think twice about accepting that “contribution” from the SFAA or some other shill for the so-called real estate industry.

I don’t mean to alarm you by suggesting your building will be absolutely targeted in this manner, but the impending sale of a building these days, even 24-unit building like yours, should concern tenants. An impending sale also provides tenants with an opportunity to connect, organize and take power.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

SF Tenants: Jack Tarred and Feathered

SF Tenants: Jack Tarred and Feathered

SF Tenants: Jack Tarred and Feathered

“The Jack Tar is a symbol of things to come, and presumably the day is not far distant when the storied hills of Baghdad-by-the-Bay will be covered with lively replicas of its Southlandish bravado.”   –Herb Caen, The Crack in the Bay Window, The San Francisco Chronicle, April 12, 1960.

Herb Caen famously criticized the Jack Tar Hotel once located at Geary and Van Ness. Why? Not only because it was butt-ugly, but that it did not represent the character of the City that he had grown to love. “In San Francisco one has to look back to find the key, at least architecturally. The question before the house is simply this: is San Francisco to become a sort of unlikely parking lot for concrete blockhouses and balconied bath houses, traversed by the freeways they in some ways resemble, or will some attempt be made to preserve the character of the last “different” city in the country? Or, to put it another way: which sings the song of San Francisco more strongly — the cable car, literally rooted to the heart of the city, or the Jack Tar Hotel?”

Herb Caen sang the song of the City, his Baghdad-by-the-Bay, when beatnik writers like Kerouac and Ginsberg could live here and write without two nickels rubbing together in their pockets; when Richard Diebenkorn was a student at the California School of Fine Arts beginning to develop his aeronautic landscapes; when Jefferson Airplane and the Grateful Dead played free concerts for hippies who could still find a way to pay the rent; and even when a newcomer like me could scrape up enough dough to pay rent and hang out at the Mab and vote for Jello Biafra for mayor in 1979.

You didn’t have to be rich and famous to live here. You certainly didn’t have to be rich and famous to have fun here…But I digress.

In 1960, Mr. Caen reminded us that some of San Francisco’s magic lies in its “continuity with a past that was as colorful and memorable as that of any city 10 times its age.” Herb Caen didn’t write as much about life “South of the Slot”–the vast, now mostly residential, neighborhoods south of Market, like the Mission. I live in the Mission and we sing the song of the City in our art and our work as loud and as proud as they do in North Beach.

And now it is our turn to become a “parking lot for concrete blockhouses.” Southlandlish developers make no attempt to preserve the character of our part of this “different” city. To make matters worse these monstrosities springing up in the Mission masquerade as “housing.” Because they are new buildings and built as condominiums, the units are not covered by the Rent Ordinance and never will be (unless the hideous Costa-Hawkins Act is repealed), so they can be rented at “market rate.” (Of course the only way to justify calling the rental business a “market” is to assume that land is a commodity that can be manufactured, bought and sold. But as all tenants know, land isn’t Doritos–you can’t eat all you want because they can’t make more.) Yet manufacturing housing seems to be the justification for building these ugly, unsustainable, expensive monuments to greed. Of course, as all rent-controlled tenants understand, one has to be rich to live in one of these shit boxes. I walked around the neighborhood a couple of days ago. I found three buildings within a few blocks of my apartment that prove Herb Caen’s prescience.

Not built for tenants

1515 15th Street at South Van Ness

This one may have well as been designed by former San Quentin inmates to serve as a visual aid to remind them that they never want to live in prison again. The only element missing is a machine gun turret. Hey, there’s a unit in the building coming up for rent! It’s only $5,200.00 per month with a $13,800.00 move-in cost!

Not built for tenants

2208 Mission Street at 18th Street

This building seems to embrace the suedo-Queen Anne Victorian style–that’s right, suedo, as in a 1972 BarcaLounger complete with grandpa’s little dribbles–with rounded bay windows. Perhaps the designers were paying homage to Herb Caen when they designed the bays: “Irreplaceable (if sometimes horrible) Victorian examples of an era that gave birth to the very image of San Francisco are disappearing daily; one by one, the bay windows are being smashed — the windows that formed the shining, unique face of a city.” I watched this building being constructed in fits and starts over about a two-year period. The construction stopped for quite some time leaving framing exposed to the weather, molding away. They did remove the contaminated material when they restarted the construction, but they still painted the building a mildewy, baby shit beige.

Not built for tenants

2558 Mission between 21st and 22nd Streets

I like to call this one No Giant Value. Shiny, yes, but what’s with the post-liquefaction style accentuated by clown colors? A 725 square foot one-bedroom purportedly sold in this building for $1,087,000.00. To be fair, none of these buildings replaced any affordable rental housing. The problem is that they did not create any affordable rental housing either.

Tenants, need any more reasons to vote Yes on Proposition I? I don’t.

$250,000 per year for each lost tenant household Here’s where the feathering comes in. If it isn’t enough to flaunt the lack of affordable, rent-controlled units, by building oversized, ugly, million dollar-a-condo projects, landlords have stepped up their campaigns to oust tenants from rent-controlled units so that they rent them as hotels with Airbnb and other similar agents.

In the last year, I’ve seen a huge uptick in calls from tenants complaining about landlord tactics to legally or illegally oust them from their in-law units, as well as any unit located in a two-unit building. The San Francisco League of Pissed of Voters tweeted this message to Airbnb in response to a series of loathsome ads it placed around town to admonish the City to use Airbnb taxes to create bike lanes, feed expired parking meters and to keep the library open later. Indeed the asterisk refers to a report by the San Francisco Controller, which states in part on page 8:

•  If short-term renting results in the withdrawal of a housing unit from the residential market, then the reduced supply would lead to higher housing costs.

•  The citywide economic harms associated with higher housing costs are fairly severe. According to the REMI model (Regional Economic Models, Inc.), removing a single housing unit from the market would have a total economic impact on the city’s economy of approximately -$250,000 to -$300,000 per year. This exceeds the annual total economic benefit from visitor spending, host income, and hotel tax, given prevailing short-term rental rates.

• On a net basis, then, a housing unit withdrawn from the market to be used for short-term rentals produces a negative economic impact on the city, even if the unit generates host income, visitor spending, and hotel tax every day of the year. Unless the Airbnb visitors are being housed in the Jack Tars springing up all over town, they must necessarily stay in residential units removed from the market, period.

The League of Pissed Off Voters conservatively used an estimate of 1,000 units removed from the market, when the number of units rented in this manner could be as high as 10,000. Certainly the number of units removed in San Francisco could reach that number if the current, unenforceable law remains in place. In other words short-term landlord greed could cost the City $2.5 billion per year, not to mention the cost in community and culture rooted to the heart of the City. I get a kick out the fear tactics used by Airbnb’s TV and print advertising in opposition to Proposition F, particularly the one about neighbors spying upon one another. Any tenant who has experienced this, and many have, know that landlords spy on them all the time when they install “security” cameras in commons areas of a building, pointed right at a suspected tenant’s door. If you haven’t experienced this directly ask around, you’ll find someone who has. With respect to reporting illegal Airbnb rentals, just as I have an obligation to report a public nuisance to the appropriate agency, I have an obligation to report this nuisance that so severely will affect the City. Another easy issue to disregard is the enhanced reporting /licensing requirements in Proposition F. Evidently, only about 6% of hosts have currently registered their units and there’s little enforcement to make them do so.

You don’t have to read the law to understand how to vote on these issues.

That may sound strange coming from a lawyer. I actually did read the law, but I didn’t have to, because I’ve learned a few things since I moved to the City in 1979. I’m sick and tired of rich assholes hijacking representative democracy.

One way they do that is to flood the media with fear campaigns about a given proposition. They tell you you’ll lose your job, in this case you won’t, but you’ll have to commute from Modesto to do it. They tell you that your neighbors will be spying on you. Certainly in the “community” that Airbnb envisions–a transient community, in which nobody knows or cares about their neighbors–this could be a problem. This self-fulfilling prophesy can only be realized by destroying existing communities comprised of long-term rent-controlled tenants.

This is the capitalists’ wet dream–to destroy communities and replace them with transients who would spend their money for awhile and move on, rather than fight for their long-established friends and neighbors. What do I do to determine how I will cast my vote on any given proposition? I follow the money. I simply vote contrary to a given campaign that spent the most money on a given issue. In this case Airbnb rich assholes have spent far more to oppose Proposition F than their opponents, so I would vote yes even if I didn’t have time to review the law. Swear to god, it works every time. Another reason tenants should vote yes on Proposition F? For now, we outnumber the greedy landlords, developers and sharing economy shitheads. How long will that last?

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

3 Tenant Troubles–Roommate Rousting, Co-Tenant Challenges, Condo Craziness

3 Tenant Troubles–Roommate Rousting, Co-Tenant Challenges, Condo Craziness

3 Tenant Troubles–Roommate Rousting, Co-Tenant Challenges, Condo Craziness

Three Tenant Troubles in one.

I’m the master tenant in my three-bedroom apartment. Me and one other roommate are unhappy with the third roommate for a number of reasons I won’t get in to (none of which fall under the “just cause” list for reasons for eviction). She’s a headache and a mess but she does pay her rent.

I don’t believe she signed a lease when she moved in. I can’t find a copy of it in my files.

My landlord gave me permission to sublet and told me that the subletters don’t have the same rights for eviction and I can ask them to leave at any time without just cause. If we want to ask the third roommate to leave is that true?

Have you ever heard the old adage, “Free advice is worth the price”? Getting eviction advice from your landlord is like getting dating advice from that uncle who’s spent most of his adult life in prison–your landlord wants to evict anything that moves. San Francisco Rent Board Rules & Regulations §6.15C(1) is clear on this point:

For any tenancy commencing on or after May 25, 1998, a landlord who is not an owner of record of the property and who resides in the same rental unit with his or her tenant (a “Master Tenant”) may evict said tenant without just cause as required under Section 37.9(a) only if, prior to commencement of the tenancy, the Master Tenant informs the tenant in writing that the tenancy is not subject to the just cause provisions of Section 37.9.

If you do not have a sublease with your roommate, you’ll have to make like the late Rodney King and try to get along.

Remember, I will not represent nor will I provide advice to master tenants seeking to evict their subtenants.

I am named on the lease in the SF rent controlled building where we currently rent (Tenancy since 1979!).

My co-tenant is not named on the lease, but has been my co-tenant from February 1993, well before implementation of Costa Hawkins.

If I were to leave, would my co-tenant therefore be protected from egregious rent increases per your article, “Another Tenant Screwed By Costa Hawkins“?

Yes, your co-tenant would be protected because he or she has a tenancy created before the enactment of Costa Hawkins.

Your co-tenant must be able to prove that fact. Start to gather records that show your co-tenant occupied the unit with the landlord’s consent before 1996. Get voter registration documents, driver’s license information, old PG&E bills–any documents that corroborate residence dated prior to 1996. For good measure, if you still have them, collect old Christmas cards with post marked envelopes.

We live in the a 595-unit condo complex constructed in 2005.

We rented our condo in The Beacon from the condo’s owner in July 2012. We signed a one year lease and have been month-to-month since July 2013. Our landlord emailed us just before New Year’s Eve to let us know he planned to list the condo for sale. He expressed interest in selling to us if we are interested, especially since the buyer may not want to continue renting the unit. We told him to let us know that asking price for the unit and to please give us proper legal notice once he has more information.

Since receiving this information, we have not heard from the landlord again. His realtor emailed saying they are finalizing the sale price and will be in touch.

We are exploring our options to buy in San Francisco, but have recently discovered that due to an ongoing lawsuit between the building owners and the developer/architect, lenders will not give mortgage loans for the Beacon, our lender included.

Now that we know we cannot buy the unit we live in, regardless of the sale price, we would like to know what our rights are as tenants. Our lease states that once our lease goes to month-to-month after the term of our one-year lease, the landlord must give us 60 days notice of an eviction and we must give him 30 days notice if we are to move.

As of yet, we have not received any “official” notice, just mention that he plans to sell.

What are our rights at this point? Anything we should know that is to our advantage or does he just have to give us 60 days notice…and that’s it?

That’s it.  You have a right to a 60 day notice but nothing else.

Welcome to California’s version of tenant rights–no just cause evictions. They have ‘em in New Jersey and a few other state

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060

How Do I Get My Landlord To Fix The Elevator?

How Do I Get My Landlord To Fix The Elevator?

How Do I Get My Landlord To Fix The Elevator?

My wife & I have been living in a rent controlled 1 bedroom in a large 5 story apartment building in downtown SF for about 6 years now. It is an old building (I believe it was built in the 1920s) but in fairly good shape, except for the elevator. It is one of those classic ‘otis’ elevators that never seems to work.

In the 6 + years I’ve lived here, the building has changed hands numerous times (from citi apartments, to laramar and now to Prado). Through all these changes of ownership, one thing has remained constant, the lack of attention to tenant needs (the exterior of our windows haven’t been cleaned since before I moved in, etc).

Anyway, needless to say, having an elevator frequently out of order is a huge hassle. Fortunately for us, we are healthy and 30 years old, so climbing 4 flights of stairs isn’t a huge burden. However, there are plenty of senior citizens living in the building and this I’m sure is a serious issue for them.

In the management’s defense, they do have people that come and try to repair the elevator but their ‘band-aid’ repair jobs rarely last more than 2 or 3 weeks. The last time they were here was Friday morning for repairs.

By Friday night, there was an actual fire caused by the elevator motor and a fire extinguisher had to be used to extinguish the fire and hasn’t been working ever since. My estimate is that the elevator is down about 4 or 5 days a month on average for the past several years. Starting this month we are starting to record the exact dates of malfunction.

My main question to you is how do we get our elevator fixed properly, once and for all? And secondly, doesn’t all of this inconvenience entitle us to a decrease in rent?

Unfortunately, I can’t provide an easy solution to this issue because, absent an injunction from the court, the landlords can’t be forced to properly fix the elevator once and for all. Elevators are very expensive to repair and/or replace. Most landlords would rather use a duct tape and bubblegum approach than spend the dough to do the job correctly.

Given your longstanding complaints, I assume that you have informed the owners about the elevator, in writing, many times. If you haven’t done so, begin to write letters to the management company each time the elevator is out of service.

You should also encourage your neighbors, especially those who are most vulnerable, to document their complaints in the same manner.

The next time the elevator breaks, call a Housing Inspector from the Department of Building Inspection (DBI) to issue a notice of violation. You and your neighbors should be prepared to show the inspector any other potential violations–leaking roof and windows; cracks and holes in the walls; peeling paint; security issues; heating issues, etc.

When you have all of your evidence together you can and should file a petition for substantial decreases in housing services at the Rent Board. If you prevail, you will be entitled to a reduction in rent that may remain permanent until the elevator is fixed.

I think that you should call the City Attorney’s office, (415) 554-4700, to alert them about the ongoing issue with the elevator. As you said, this is a serious safety issue, especially for senior citizens trapped on upper floors. Given the past litigation and settlement with CitiApartments, the City Attorney may also be interested to understand that things haven’t changed that dramatically for many of the Lembis’ former tenants.

Call the Tenant Lawyers now for a free consultation.
(415) 552-9060