The narrow loophole that lets Breed control both branches of government

By Tim Redmond : 48hills – excerpt

She’s the acting mayor, has all the powers of the mayor — but didn’t take the oath of office. That’s why, according to the city attorney, she can do both jobs…

City Attorney Dennis Herrera says that London Breed can be both mayor and Board of Supervisors president for the duration – because of one little loophole in the law.

Attorney Dean Preston has questioned whether Breed can do both jobs, since the City Charter makes clear that mayor of San Francisco is a full-time position…(more)

I think the majority of the residents of the city share the concerns noted here regarding the duties of Mayor needing to be separate from the duties of supervisor. We look forward to a resolution on this soon as the Board of Supervisors can agree on who to appoint as interim mayor.

Meanwhile, a lot is going on at City Hall and some of it is not bad. These stories on 48hiils should get some attention. Read on…

Breaking: Key rent control bill dies in Assembly committee

Two key Democrats side with the landlords to block repeal of the Costa-Hawkins Act.

The effort to allow cities to impose effective rent controls failed in a state Assembly committee today after two Democrats refused to vote for the bill.

The repeal of the Costa-Hawkins Act needed four votes to move forward. It died, 3-2, when Assemblymembers Jim Wood of Healdsburg and Ed Chau of Arcadia abstained from voting

Protests erupted in the Capitol after the vote, with tenant groups occupying the rotunda… (more)

This is not over. The solution is to contact their constituents and apply pressure.

Planning Commission rejects condo application after 100-year-old was evicted

In a stunning, unanimous decision, planners say you can’t evict a centenarian, lie about it on your condo application, and get a lucrative permit…

The San Francisco City Planning Commission unanimously rejected an attempt by the building owners who evicted 100-year-old Iris Canada to convert their property to condos after every single commissioner said that the application submitted by the owners, and the information provided by the planning staff, were inaccurate… (more)

 

 

 

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Investigative Unit: San Francisco Landlords May Have Wrongfully Evicted Hundreds of Tenants

This may be old news, but it bears repeating, especially now that the Supervisors are working to stop the illegal evictions. They may not agree on everything, but they all appear to be interested in protecting renters rights where the illegal evictions are concerned.

NBC Bay Area’s Investigative Unit exposes widespread abuse by landlords as part of a six-month investigation into evictions across San Francisco. The Investigative Unit found that nearly one in four owner move-in evictions could be fraudulent.

More than 8,000 people in San Francisco have been evicted from their homes over the past four years, but hundreds of those residents may have been wrongfully evicted, according to an analysis by the NBC Bay Area Investigative Unit.

Landlords can legally evict their tenants for one of 16 reasons, including failure to pay rent and housing too many roommates. One of the fastest growing evictions, however, allows landlords to kick out their tenants if they, or, in some cases, their relatives, want to move into the home.

Owner move-in evictions have spiked more than 200 percent in just the past five years. The Investigative Unit spent six months interviewing over 100 people all across the city to determine whether landlords or their family members are actually living in the homes they claimed to move into. The investigation revealed what appears to be widespread abuse that is now shocking residents, lawmakers, and even those who investigate wrongful evictions…

Here’s how to save thousands on your rent

The Investigative Unit mapped out every owner move-in eviction in San Francisco for the past three years. You can use the interactive map below to find evictions in your neighborhood. While many of these evictions are legal, if your address is listed and you are not a landlord or a relative of the property owner, someone may have been wrongfully evicted from that unit, which might entitle you to lock in the previous tenant’s cheaper rent.

If your address is listed, let us know about it by emailing us here. You should also submit an official request to the city to have your rent reduced… (more)

Check the interactive map on the linked page above to find out if you are in an illegal unit.

 

How to prevent fraudulent owner move-in evictions

By Tim Redmond : 48hills – excerpt

The San Francisco supes start discussing fraudulent owner-move-in evictions Friday, and local tenant groups are asking that both of the bills coming to the committee be amended to include more effective protections for renters.

Sup. Mark Farrell has an OMI bill. So do Sups. Jane Kim and Aaron Peskin. The Government Audit and Oversight Committee will hold a hearing starting at 10 am on eviction enforcement, and tenant advocates plan to be there in numbers…

The two bills are aimed at addressing what everyone agrees is a serious problem: Landlords are getting rid of rent-controlled tenants by arguing that they want to move in (or let a close relative move in) to the apartment. That’s legal, for the most part – the owner of a building has the right to live in their property.

But in hundreds of instances every year, the landlord tosses out the tenant, waits a few months, and then rents the place out to someone else at a much higher price.

And there’s no easy way to stop that…

This is one of the major tenant issues of the year. The bills won’t actually come out of tomorrow’s hearing; they will be heard at a later point. But we will see the beginnings of the debate shape up… (more)

 

Legislation would give DA’s Office teeth to prosecute illegal owner move-in evictions

by Joe Fitzgerald Rodriguez : sfexaminer – excerpt

photo by zrants

The City is tackling fake owner move-in evictions. Finally.

Yes, I can hear the groans already. This will be the third week On Guard has written about these evictions, where landlords say they’re evicting a tenant to move in their relative — a mother, a brother — but actually lease the apartment on the market, and charge rents that would make your eyes pop.

Supervisor Mark Farrell is taking the lead, and today will introduce legislation to strengthen the rules around owner move-in evictions at the Board of Supervisors.

“We want to keep these tenants in San Francisco and fight for them,” Farrell told me Monday.

To that end, Farrell plans to give the District Attorney’s Office the tools to do the job.

The problem the District Attorney’s Office identified was simple — intent. The burden of proving whether a landlord actually intended to fraudulently evict someone, a criminal act, or if plans had simply fallen through, was too onerous…

The legislation is complex, but at its heart it requires landlords to write under penalty of perjury their intent to OMI, which would give the DA a way to hold them accountable for that intent in court. It also requires landlords to submit certain information to the rent board to prove tenancy of a relative, or themselves, annually after an OMI eviction. Third, it requires that information to be posted publicly on the rent board website…(more)