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Is San Francisco’s Soul for $ale? Fighting Bullies and Standing Up for Our Rights
Vote No on Propositions B and C
When my partner Phil and I drove to Sacramento in August to sig n paperwork declaring my candidacy for State Assembly, we were acutely aware of just how personal politics Guest Columnist can be. Just a few days before, we were granted the David Campos r ight to marr y one another. The hateful and bigoted efforts of Proposition 8 and DOMA had been defeated, and we were over the moon.
(Editor’s Note: For opposing views on these San Francisco Propositions, please see the back page.) Wit h just days left before t he November 5t h election, the battle over Propositions B and C has A San Francisco Kind of Democrat been rag ing in mailboxes, editorial pages and caRafael Mandelman ble television ads across the City for what seems like an eternity. And yet, for all the noise, many voters remain confused about what exactly they are voting on and why it even matters.
Now, just a few months after this sweet victory, the extreme right-wing bullies are at it again. They are threatening to fight a law allowing transgender youth on school sports teams by placing it on the statewide ballot and making transgender youth the target of a hateful, statewide bullying campaign.
JEFFERY DELVISCIO, FLICKR
As upsetting as this is, I suppose we shouldn’t be surprised. California has long been the battleground for LGBT rights. While we once had Anita Bryant and John Briggs, we now have their successors, like Proposition 8 mastermind Frank Schubert. And as Bryant and Briggs once tried to prevent gay teachers from having equal rights in our schools, Schubert is now trying to prevent our transgender students from having the same rights as their peers. Our opponents in California remain dedicated, calculated and well funded. (continued on page 2)
The basic issue is quite simple: Should long-standing height limits along the waterfront be lifted to allow development of 134 units of luxury housing on the Embarcadero? Proponents say the benefits of the project – increased tax revenue, new open space, greater-thanrequired contributions to the City’s affordable housing fund – justify the proposed zoning change. Opponents have a number of concerns – the obscene unaffordability of the residential units, the fact that most of the promised “open space” will not, in fact, be open to the public, potential damage to a nearby sewer line carrying 20 million gallons of raw sewage a day – but in my mind, the main issue remains the height limits and the precedent lifting them establishes for other projects up and down the Embarcadero, and elsewhere in the City. (continued on page 2)
Get Ready to Rumble Tenant concerns abound now, and especially in San Francisco. Each week, I hear things like: “My landlord sent me an email telling me that I have thirty days to vacate.” “My landlord texted me that I have to either get rid of my dog or move out in three days.” “My landlord called me and said I needed to make plans to leave in 60 days because she was selling the house.” In the San Francisco Bay Area rental market, with high rents and low vacancy rates, tenants with such problems are rightfully concerned, especially those who are informed that they have 3, 30 or 60 days to find a new place. The news is dire, one might think. Most tenants who contact me about these notices are not wondering if they are legally valid, but they instead are upset and want to know if there is anything that can be done to slow or stop an eviction. Landlords occasionally deliver invalid notices unwittingly, due to ignorance
son or by mail—US mail—aka snail mail. Of course, if you get a real written notice in your mailbox, seek legal advice and really get ready to rumble. Your position may not be as bad as it might seem. You got a heads up and now have a leg up on the litigation that may come soon. Being forewarned is being forearmed.
Tenant Law Nancy Conway, Atty. at Law of the law, but more often it is a test balloon. Notices to terminate tenancy issued by email, telephone, verbal, or phone texts are not worth the paper they are not written on in the legal arena. If you get such a faux notice, do you call your landlord and gloat? Hell no. You seek legal advice and get ready to rumble. Remember that all Notices Terminating Tenancy in California must be in writing, signed and delivered in per-
Presently I represent a tenant who has severe habitability issues at her rented home. She asked for repairs. Her landlord told her that she did not intend to fix the problems, as she did not have the money for the repairs, and that the tenant should just move out. The landlord, in turn, would waive a month’s rent and give the tenant her deposit back. Before the month was up, however, the landlord issued a three-day notice to pay rent or quit and commenced an unlawful detainer lawsuit. Now my client has a lawsuit, and she needs proof that she notified the land-
lord about the repair issues. I asked her if she wrote the landlord a letter about these problems. She replied, “No.” I then asked her, “Was anyone present when you told your landlord about these repair problems? Where were you when you discussed these issues with your landlord?” And then came the revelation: She did not really talk with the landlord. They texted and emailed each other. My client did not consider this to be “writing” the landlord. These written communications, however, are evidence, writings that can be brought into court. The emails and texts in that context are a great way to prove communications. Just be careful what you type. Think about your text/email being exhibit number one in a jury trial. A tenant who wants to end the tenancy must give a written notice stating the move-out date and mail it by certified or registered mail to the landlord or the designated agent.
Month to month tenancies can be terminated at any time of the month on thirty days notice. It does not need to be thirty days from when rent is due. Delivery of your notice is complete upon deposit in the mail. Of course, if you are breaking a lease or leaving on shorter time than the rental term, include the reasons for your having to vacate and be prepared to be on the hook for some additional rent, which could be taken from your deposit. If you are forced to vacate due to conditions at the property beyond your control, then you may have been constructively evicted and that terminates tenancy immediately. But seek legal advice on this type of situation as soon as possible, and preferably before you vacate. San Francisco-based attorney Nancy M. Conway specializes in civil litigation, tenant rights litigation, bankruptcy, family law, real estate and personal injury.