Capital improvement eviction threatens our home

  • by Corey Ruda
  • Wednesday August 31, 2011
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In February my boyfriend and I received an email from our landlord. It stated that he had some plans for some deck work, and he would like to speak to us in person or on the phone. We phoned him the next morning and he said that there is going to be some work done on our building. He wanted to add a room onto the existing living room, and make the decks wrap-around. He also wanted to add a deck to the garage, and to the rooftop. This proposed plan would make our building uninhabitable during construction, he said, and he would like us to vacate the property, probably sometime in July.

What?

It's called a capital improvement eviction. I had never heard of this. I always thought, we're cool, we're safe, we've got a killer rent controlled apartment. We're never leaving. Um, no. We are not safe. This guy could actually decide to "improve" this place, and we're out. For how long, and how much will the rent be if and when we return? These questions have all been ignored.

I have lived in this rent-controlled apartment on Telegraph Hill since January 2004. Michael Barron, my boyfriend, moved in sometime in April the same year. The landlord purchased this property as an investment in 2008. I filled out an estoppel agreement when he took ownership. I'm the master tenant, and stated that Michael also now lives here along with our dog, Jeremy. He then called me, and asked who Michael was, and he seemed a bit confused and/or disturbed that two guys lived in this one bedroom apartment. I told him Michael is my boyfriend, and we now live together here. He suggested maybe he should increase the rent because two people were now living here. I explained again that Mike was my boyfriend, and asked him this �" if he was renting a place alone, then got married and his wife moved in, would he expect his rent to increase? He let it go at that. This is our home. We are attached to the space, the beauty, and the community (and the price).

This proposed project would result in the loss of green space on the hillside that supports beautiful old trees, wildlife, and provides privacy between neighbors, and the overall vibe of this incredible historic district of San Francisco. We feel that this project is too massive for this area. A McMansion, so to speak; a Disneyland facade in front, and a massive eyesore and incongruence in the rear.

Yes, it's inconvenient and a total drag to move, and we can't afford to find a different apartment is San Francisco for an unknown period of time. I checked out Craigslist, and felt like puking after seeing how much rents are now. I haven't looked for a place in years, and I had no clue how expensive places are now here. I'm thinking, Jesus, we can't even afford to cram ourselves into a studio.

We decided to exercise our rights as tenants, and fight. We researched. We read the Tenant's Union handbook cover to cover. We consulted with a tenant-friendly politician. We want to stop this. We're frustrated, and in limbo.

There have been two hearings in front of the Historic Preservation Commission. This project needs to be approved by the panel in order to obtain a certificate of appropriateness, which is needed to apply for a permit with Department of Buildings. The second one was continued due to the planning department failing to give proper notice to the neighbors of this project and for the public hearing. The next hearing is scheduled for Wednesday, September 7 at 12:30 p.m. at City Hall, Room 400. It's open to the public, and we would like anyone interested in our situation and/or tenants' rights to attend.

We do have support from the neighbors that have a house located behind the building. The construction would bring us 15 feet closer to them, allowing us to stare directly into their windows, as well as them into ours. The yard would pretty much be gone.

This is not just a piece of property to us. It's our home. I feel the landlord has little regard for the people living here, and this kind of greed will totally disrupt our lives.

People can submit comments to the Historic Preservation Commission or attend the meeting. For more information, visit http://sf-planning.org/index.aspx?page=1892