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Posts Tagged ‘SAN FRANCISCO DEPARTMENT OF PUBLIC HEALTH’

SLUMLORDS–THE REAL UNTOUCHABLES: PART THREE (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 18, 2014 at 6:23 am

San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco Department of Building Inspection (DBI)–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI merely a law-enforcing agency but a revenue-creating one.

Parts One and Two of this series outlined a series of long overdue reforms at DBI.  Here are the remaining four:

  1. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  2. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  3. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  4. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one. The FBI doesn’t ask criminals to comply with the law;  it applies whatever amount of force is needed to gain their compliance. As Niccolo Machiavelli once advised: If you can’t be loved by your enemies, then at least make yourself respected by them.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions ofdesperately-needed dollars into the City’s cash-strapped coffers

And such reforms are equally overdue at the San Francisco District Attorney’s office.  Among these:

  • Creating a special unit to investigate and prosecute slumlords.
  • This should be modeled on existing units that attack organized crime, with slumlords targeted as major criminals.
  • Wiretaps and electronic surveillance should be routinely used.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

But slumlord atrocities are by no means confined to San Francisco.  This is a crisis that needs to be confronted at State and Federal levels.

Many cities lack adequate funding to effectively investigate and prosecute slumlord abuses.  And even when the money exists for such efforts, the will to redress such abuses is often lacking.

Thus, legislation is essential at State and Federal levels to ensure that law-abiding tenants are protected against law-breaking slumlords.

At the core of this effort must be a revised view of slumlords.  They should be seen, investigated and prosecuted in the same way as Mafia predators.

Their crimes are not “victimless.”  And their victims are usually those who are too poor to effectively fight back.

And, like the Mafia, they easily buy public officials–including law enforcement agents–and/or hide their crimes behind teams of expensive attorneys.

At the Federal level, the Justice Department should designate a special section within the FBI to investigate and prosecute slumlord abuses.

Or this could be set up within the U.S. Department of Housing and Urban Development.

  • This should be modeled on existing strike force units that attack organized crime, with slumlords targeted as major criminals.
  • Court-ordered wiretaps and electronic surveillance should be routinely used.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Slumlords’ properties should be sold at public auctions, with the monies divided among various Federal agencies.
  • The tenants living in those properties would not be evicted.  They would instead now live under a new, law-abiding landlord.

At the State level, similar tenant-protection units should be created within the Department of Justice.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

It’s long past time for local, state and Federal governments to forcefully speak up on behalf of American tenants who cannot defend themselves against predatory slumlords.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.”

SLUMLORDS–THE REAL UNTOUCHABLES: PART TWO (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 17, 2014 at 11:49 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

In fact, San Francisco is long overdue for serious reforms in protecting tenants.

Part One of this series outlined three overdue reforms needed at the Department of Building Inspection (DBI), San Francisco’s primary tenant-protecting agency.  Here are an additional 17:

  1. If the landlord fails to comply with the actions ordered within 30 days, the entire fine  should go into the City’s coffers–to be divided among DBI and other agencies charged with protecting San Francisco residents.
  2. In addition, he shuld be hit again with a fine that’s at least twice the amount of the first one.
  3. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health (DPH).  They can then pass the information on to DPH for its own investigation.
  4. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  5. If DPH objects to this, DBI should propose that DPH’s own Inspectors be armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  6. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  7. DBI should insist that its Inspectors Division be greatly expanded.  DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  8. The Inspection Division should operate independently of DBI.  Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  9. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  10. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  11. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.
  12. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.  Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Tenants have a right to know if their landlord is complying with the law.
  13. DBI should launch and maintain a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.
  14. This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  15. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  16. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.
  17. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  18. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 

SLUMLORDS–THE REAL UNTOUCHABLES: PART ONE (OF TWO)

In Bureaucracy, Law, Law Enforcement, Social commentary on July 16, 2014 at 9:16 am

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

A 98-year-old San Francisco woman is being evicted from her apartment of 50 years, because the building’s owners want to sell the place to take advantage of the city’s booming real estate market.

“I’ve been very happy here,” Mary Phillips told KRON 4, an independent San Francisco TV station. “I’ve always paid my rent.  I’ve never been late.”

The landlord, Urban Green Investments, is evicting her and several other tenants through the Ellis Act.  This is a 1986 California law that allows landlords evict tenants to get out of the rental business.

Urban Green Investments has bought several buildings in San Francisco, evicted their residents through the Ellis Act, and is reselling the buildings for profit.  Many of those being evicted are low income families and seniors.

Phillips has vowed to fight her eviction: “They’re going to have to take me out of here feet first,” she told KRON. “Just because of your age, don’t let people push you around.”

Phillips says she has nowhere else to live and now she and her attorneys are fighting the eviction.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

Many landlords are eager to kick out long-time residents in favor of new, wealthier high-tech workers moving to San Francisco.  An influx of these workers and a resulting housing shortage has proven a godsend for slumlords.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection (DBI), which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

Such reforms must start with the Department of Building Inspection (DBI)–the primary agency charged with protecting tenants.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI not merely a law-enforcing agency but a revenue-creating one.

And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord could reclaim 75-80% of the money only if he fully corrected the violation within 30 daysThe remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.

HELL IN THE RENTERS’ PARADISE: PART THREE (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 21, 2014 at 12:45 am

San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco Department of Building Inspection (DBI)–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI merely a law-enforcing agency but a revenue-creating one.

In Parts One and Two, I outlined a series of long overdue reforms at DBI.  Here are the remaining four:

  1. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  2. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  3. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  4. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one. The FBI doesn’t ask criminals to comply with the law;  it applies whatever amount of force is needed to gain their compliance. As Niccolo Machiavelli once advised: If you can’t be loved by your enemies, then at least make yourself respected by them.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions ofdesperately-needed dollars into the City’s cash-strapped coffers

And reforms are equally overdue at the San Francisco District Attorney’s office.  Among these:

  • Creating a special unit to investigate and prosecute slumlords.
  • This should be modeled on existing units that attack organized crime, with slumlords targeted as major criminals.
  • Wiretaps and electronic surveillance should be routinely used.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

But slumlord atrocities are by no means confined to San Francisco.  This is a crisis that needs to be confronted at State and Federal levels.

Many cities lack adequate funding to effectively investigate and prosecute slumlord abuses.  And even when the money exists for such efforts, the will to redress such abuses is often lacking.

Thus, legislation is essential at State and Federal levels to ensure that law-abiding tenants are protected against law-breaking slumlords.

At the core of this effort must be a revised view of slumlords.  They should be seen, investigated and prosecuted in the same way as Mafia predators.

Their crimes are not “victimless.”  And their victims are usually those who are too poor to effectively fight back.

And, like the Mafia, they easily buy public officials–including law enforcement agents–and/or hide their crimes behind teams of expensive attorneys.

At the Federal level, the Justice Department should designate a special section within the FBI to investigate and prosecute slumlord abuses.

Or this could be set up within the U.S. Department of Housing and Urban Development.

  • This should be modeled on existing units that attack organized crime, with slumlords targeted as major criminals.
  • Court-ordered wiretaps and electronic surveillance should be routinely used.
  • Rewards should be offered to citizens who provide tips on major outrages by the city’s slumlords.
  • Prosecutors should strive for lengthy prison terms and heavy fines.
  • Slumlords’ properties should be sold at public auctions, with the monies divided among various Federal agencies.
  • The tenants living in those properties would not be evicted.  They would instead now live under a new, law-abiding landlord.

At the State level, similar tenant-protection units should be created within the Department of Justice.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on.”

HELL IN THE RENTERS’ PARADISE: PART TWO (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 20, 2014 at 12:19 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

In fact, San Francisco is long overdue for serious reforms in protecting tenants.

Thousands of San Francisco tenants have lived with rotting floors, nonworking toilets, chipping lead-based paint and outright harassment for not simply months but years.

But San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

In Part One, I outlined three overdue reforms needed at the Department of Building Inspection (DBI), San Francisco’s primary tenant-protecting agency.  Here are an additional 17:

  1. If the landlord fails to comply with the actions ordered within 30 days, the entire fine  should go into the City’s coffers–to be divided among DBI and other agencies charged with protecting San Francisco residents.
  2. In addition, he shuld be hit again with a fine that’s at least twice the amount of the first one.
  3. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health (DPH).  They can then pass the information on to DPH for its own investigation.
  4. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  5. If DPH objects to this, DBI should propose that DPH’s own Inspectors be armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  6. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  7. DBI should insist that its Inspectors Division be greatly expanded.  DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  8. The Inspection Division should operate independently of DBI.  Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  9. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  10. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  11. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.
  12. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.
  13. Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Given the pressing demands on DBI, weeks or months will pass before the agency learns about this violation of its orders.  Tenants have a right to know if their landlord is complying with the law.
  14. DBI should launch and maintain a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.
  15. This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  16. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  17. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.

HELL IN THE RENTER’S PARADISE: PART ONE (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on May 19, 2014 at 12:19 am

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

On April 25, the tenants of the Fillmore Apartments–a rent-controlled building in the Lower Haight area of San  Francisco–received letters from their landlord.

The letters demanded that those tenants prove that they had a $100,000 minimum annual income and a credit score of at least 725.  Those who couldn’t prove such status would be evicted.

Then fate–in the guise of Hoodline, an online San Francisco newsletter–intervened.

When Hoodline published the story, local and even national media attention was immediate–including ABC News, Fox News and Business Insider.

Suddenly, a “change of heart” overcame the landlord.  In a second letter to his tenants, he stated:

“After reflection and guidance, I hereby rescind the April 25, 2014 correspondence to you.

“The information contained was flawed.

“My apologies for the confusion created.”

Click here: San Francisco landlord apologizes after leaving note saying tenants must make over $100,000 | abc13.com

Although the income and credit score requirements outlined in the original letter could have been legally applied to  new tenants, they would not have been legal grounds for evicting current tenants.

That could be the “flawed” information to which the second letter was referring.

How could a landlord try to pull off such a flagrantly illegal maneuver in a city that’s supposedly a renter’s paradise?

Easy.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

Many landlords are eager to kick out long-time residents in favor of new, wealthier high-tech workers moving to San Francisco.  An influx of these workers and a resulting housing shortage has proven a godsend for slumlords.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection (DBI), which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

Such reforms must start with the Department of Building Inspection (DBI)–the primary agency charged with protecting tenants.

Presently, there is no bureaucratic incentive for DBI to rigorously control the criminality of slumlords.  But this can be instilled–by making DBI not merely a law-enforcing agency but a revenue-creating one.

And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord could reclaim 75-80% of the money only if he fully corrected the violation within 30 daysThe remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.

HELL IN THE “RENTERS’ PARADISE”: THREE (END)

In Bureaucracy, Law, Law Enforcement, Social commentary on June 25, 2013 at 12:00 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

If you doubt it, you need only review the case of slumlords Kip and Nicole Macy.  They waged a two-year war on their rent-paying tenants to force them out of their South of Market building.

The reason: The Macys wanted to get them out of their rent-controlled apartments so they could rent these out to tenants who could afford extortionate rents.

For two years, the police and district attorney’s office stood by while the Macys aimed threats, vandalism, illegal lockouts and violence at their law-abiding tenants.

The Macys have since been convicted and will be sentenced to four years and four months imprisonment.  But this case is a rarity for the San Francisco District Attorney’s Office.

Meanwhile, thousands of San Francisco tenants have lived with rotting floors, nonworking toilets, chipping lead-based paint and other outrages for not simply months but years.

But San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco District Attorney’s Office shcould create a special unit to investigate and prosecute  slumlords.  Prosecutors should offer rewards to citizens who provide tips on major outrages by the city’s slumlords.

And the San Francisco Department of Building Inspection–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

In Part 2 of this series I outlined 14 such reforms.  In this concluding column, I will outline the remaining eight:

  1. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.   Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Given the pressing demands on DBI, weeks or months will pass before the agency learns about this violation of its orders.  Tenants have a right to know if their landlord is complying with the law.
  2. DBI should launch–and maintain–a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.  This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in  your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  3. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  4. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.
  5. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  6. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  7. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  8. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one.  The FBI doesn’t ask criminals to comply with the law;  it applies whatever amount of force is needed to gain their compliance. As Niccolo Machiavelli once advised: If you can’t be loved by your enemies, then at least make yourself respected by them.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves.  What is equally true is that every community gets the kind of law enforcement it insists on.”

HELL IN “THE RENTERS’ PARADISE”: PART TWO (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on June 24, 2013 at 12:25 am

The “war on drugs” has some valuable lessons to teach the San Francisco Department of Building Inspection (DBI) which is charged with protecting tenants against predatory landlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for DBI to apply the same attitude–and methods–toward slumlords.

DBI should become not merely a law-enforcing agency but a revenue-creating one.  And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord would be told he could reclaim 75-80% of the money only if he fully corrected the violation within 30 days.  The remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.
  4. If the landlord failed to comply with the actions ordered within 30 days, the entire fine would go into the City’s coffers–to be divided among DBI and other agencies charged with protecting San Francisco residents.
  5. In addition, he would be hit again with a fine that’s at least twice the amount of the first one.
  6. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health.  They can then pass the information on to DPH for its own investigation.
  7. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  8. If DPH objects to this, DBI should propose that DPH’s own Inspectors be armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  9. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  10. DBI should insist that its Inspectors Division be greatly expanded DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  11. The Inspection Division should operate independently of DBI.  Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  12. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  13. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  14. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.

HELL IN “THE RENTERS’ PARADISE”: PART ONE (OF THREE)

In Bureaucracy, Law, Law Enforcement, Social commentary on June 21, 2013 at 12:01 am

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

And in case you’re inclined to anyway, consider the story of Kip and Nicole Macy, two San Francisco slumlords who recently pled guilty to felony charges of residential burglary, stalking and attempted grand theft.

Kip Macy

Nicole Macy

Determined to evict rent control-protected tenants from their apartment building in the South of Market district, they unleashed a reign of terror in 2006:

  • Cut holes in the floor of one tenant’s living room with a power saw–while he was inside his unit.
  • Cut out sections of the floor joists to make the building collapse.
  • Threatened to shoot Ricardo Cartagena, their property manager, after he refused to make the cuts himself.
  • Changed the locks to Cartagena’s apartment, removed all of his belongings and destroyed them.
  • Created fictitious email accounts to appear as a tenant who had filed a civil suit against the Macys–and used these to fire the tenant’s attorney.
  • Cut the tenants’ telephone lines and shut off their electricity, gas and water.
  • Changed the locks on all the apartments without warning.
  • Mailed death threats.
  • Kicked one of their tenants in the ribs.
  • Hired workers to board up a tenant’s windows from the outside while he still lived there.
  • Falsely reported trespassers in a tenant’s apartment, leading police to hold him and a friend at gunpoint.
  • Broke into the units of three tenants and removed all their belongings.
  • Again broke into the units of the same three victims and soaked their beds, clothes and electronics with amonia.

The Macys were arrested in April, 2008, posted a combined total of $500,000 bail and then fled the country after being indicted in early 2009.

In May, 2012, Italian police arrested them and deported them back to America a year later.

Having pled guilty, they will be sentenced in August to a prison term of four years and four months.

How could such a campaign of terror go on for two years against law-abiding San Francisco tenants?

Simple.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

The power of slumlords calls to mind the scene in 1987′s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection, which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

In my next column I will lay out how this can be done.

TAXING CRIMINALS FOR REVENUES: PART ONE (OF TWO)

In Bureaucracy, Politics, Social commentary on April 18, 2013 at 12:00 am

The power of slumlords throughout the Nation calls to mind the scene in the 1987 movie, The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

This holds true even in San Francisco, the so-called “renters paradise.” The files of the City’s Department of Public Health (DPH) and Department of Building Inspection (DBI) are filled with the names of slumlords whose buildings pose real dangers to those living in them.

All that the City needs to do is find the courage to enforce its own laws protecting tenants.

By refusing to do so, the City is losing millions of dollars in revenues that it could be collecting every year from slumlords violating its health/safety laws.

Here’s the way DBI and DPH now work: A landlord is given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that continuing problem until it’s resolved.

If the landlord claims for any reason that he can’t fix the problem within one month, DBI and DPH automatically give him another month.

A slumlord has to really work at being hit with a fine—and that means letting a problem go uncorrected for three to six months. And even then the slumlord may well avoid the fine by pleading for leniency.

Many tenants have lived with rotting floors, nonworking toilets, chipping lead-based paint and other outrages for not simply months but years.

The City could vastly improve life for its thousands of renters—and bring millions of desperately-needed dollars’ worth of revenues into its cash-strapped coffers—by making the following reforms:

  1. Hit slumlord violators up-front with a fine—payable immediately—for at least $2,000 to $5,000 for each health/safety code violation.
  2. The slumlord would be told he can reclaim most of this money only if he fully corrected the violation within 30 days.
  3. If he fails to correct the problem within that time, he should be hit again with a fine that’s at least twice the amount of the first one. The fine should increase twice as much for each month the violation goes uncorrected. Thus, if it’s $2,000 in January, it should be $4,000 in February, and $8,000 in March. And so on.
  4. The slumlord would be allowed to reclaim 75% to 80% of the fine levied against him. This appeal to his greed would ensure his willingness to comply with the ordered actions. The other portion would go directly into the city coffers to maintain needed services.
  5. If he fails to comply with the actions ordered, the entire fine should go into the City’s coffers.
  6. Inspectors for DPH and DBI should be armed with cross-jurisdiction authority. Thus, if a DBI Inspector spots a health/safety violation covered by DPH, he should be able to cite the slumlord for this—and pass this information on to DPH for its own investigation. And the same would apply for Inspectors from DPH.
  7. This would instantly turn DBI and DPH into allies, not competitors—and would mean that whether a citizen called DBI or DPH, s/he could be assured of getting the assistance s/he needed. (Currently, DPH and DBI Inspectors often tell citizens, “I’m sorry, that doesn’t lie within our jurisdiction. You’ll have to call—.”)
  8. DPH and DBI should have their Inspectors divisions greatly expanded.  Cutting back these units is a no-win situation for San Francisco renters–and for desperately-needed City revenues.
  9. Turning these agencies into revenue-producing ones would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  10. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and rebuild them somewhere else. So they have to stay put.
  11. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, DPH and the Rent Board) that exist to help tenants resolve problems with their housing. 
  12. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without any repairs or upgrades whatsoever.
  13. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  14. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 

Andrew Jackson once said: “One man with courage makes a majority.” And one city—acting with courage—can ensure protection for its tenants and general revenues for vitally-needed services.

If San Francisco can do this, so can California. And then so can the rest of the Nation.

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