bureaucracybusters

COMBATING SLUMLORDS: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 24, 2016 at 12:28 am

The San Francisco Department of Building Inspection (DBI) has long been outmaneuvered by predatory, law-breaking landlords.

And San Francisco renters–many of them elderly, poor and/or disabled–have been the victims of landlord greed, neglect and/or harassment.

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Among the reforms that DBI should immediately enact:

  • Hit slumlord violators with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.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.
  • 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.  
  • 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.  
  • In addition. he would be hit again with a fine at least twice the amount of the first one.  
  • Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health (DPH). They could then pass the information to DPH for its own investigation.  
  • If the DBI inspector later discovered that the landlord had not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  • 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.

  • 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 the necessary assistance. As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.  
  • 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.
  • The Inspection Division should operate independently of DBI. Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  • DBI should create a Special Research Unit to 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.
  • Turning DBI into a revenue-producing agency 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.  
  • DBI should legally require landlords to rehabilitate a unit every time a new tenant moves in, or 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.
  • Slumlords, unlike drug-dealers, can’t move their buildings from one street or city to another. If they want to make money in San Francisco, they will have to submit to the jurisdiction of landlord-regulating agencies.  
  • DBI should require 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 correction, s/he is the only one who is notified.  If that slumlord refuses to comply with that directive, s/he is the only one who knows 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–so they can promptly notify inform DBI if a violation is occurring. 

  • Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, the Rent Board and the Department of Public Health) that exist to help tenants solve problems with their housing.
  • DBI should launch–and maintain–a citywide advertising campaign to alert residents about its services. Everyone knows the FBI pursues bank robbers. But too many San Franciscans don’t 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’s always malfunctioning? Have you complained to your landlord and gotten the runaround? Then call DBI at—- Or drop us an email at_____.”

COMBATING SLUMLORDS: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 23, 2016 at 12:04 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 were sentenced in September, 2013, 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?”  

Everybody in San Francisco knows who the slumlords are. But the District Attorney’s Office hasn’t criminally prosecuted a slumlord in decades. 

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 charged with ensuring that apartment buildings are in habitable condition.  

Under San Francisco law:

  • 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.  

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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.

BOYS WILL BE BOYS–WITH BOMBS

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on August 22, 2016 at 12:04 am

Americans are suckers for children.  

Even if many of them might come wrapped in suicide vests.

On September 2, 2015, the body of a three-year old Syrian boy named Alan Kurdi washed ashore on a beach in Bodrum, Turkey.

He and his family had boarded a small rubber boat to reach Europe amid the carnage of the Syrian civil war. The boat capsized. 

The resulting photo flashed around the world and triggered international demands by humanitarian organizations that the West “do something.”

Drowned Alan Kurdi lies on a Turkish beach

Only eight days later, on September 10, 2015, the Obama administration announced that it would take in at least 10,000 displaced Syrian refugees over the next year.

That was in addition to the 2,000 Islamic refugees the United States had already accepted.

Almost one year later–on August 17, 2016–another photo captured the world’s attention.

It depicted a five-year-old Syrian boy named Omran Daqneesh sitting in an ambulance. Covered head to toe in dust, his face bloodied, he seemed dazed. He had been pulled out of a building hit by an airstrike in Aleppo, Syria.  

Once again, demands arose among liberal interventionists, especially in the United States: “We must do something.”

All of which overlooks the increasing threat posed to the United States by Islamic terrorism.

According to U.S. Census data, America legally welcomes about 100,000 Muslim immigrants each year. This represents the fastest growing segment of immigrants coming to the United States.

The Pew Research Center estimates there are 2.5 million Islamics in the United States. The Council on American-Islamic Relations (CAIR) puts the figure at seven million.

The Troubling Math of Muslim Migration | National Review Online

Meanwhile, the FBI is being overwhelmed by the demands of countering Islamic terrorism against the United States.

On July 8, 2015, FBI director James Comey testified before Congress about the increasing burdens his agency faces in combating terrorism.

“We are stopping these things [Islamic terror plots] so far through tremendous hard work, the use of sources, the use of online undercovers.

“But it is incredibly difficult.  I cannot see my [agency’s] stopping these [plots] indefinitely.”

The FBI has only 35,000 agents and analysts–against seven million potential suspects. And only a portion of those agents and analysts are charged with investigating terrorism.  

And even children, for all their supposed innocence, are not to be ignored as potential weapons of Islamic terrorist organizations.  

On August 20, a suicide bomber aged between 12 and 14 attacked a Kurdish wedding party in Gaziantep, Turkey, killing at least 51 people.

Preliminary evidence indicates that the Islamic State of Iraq and Syria (ISIS) was behind the attack. 

Palestinian child suicide bomber

America may well become a similar target for child suicide bombers.

How did all of this come to be?

On March 15, 2011, protests broke out in Syria, with demonstrators demanding political reforms and the ouster of dictator Bashar al-Assad.

These protests, met with government repression, continued to grow into a wholesale civil war. 

By April 23, 2016, the United Nations estimated that 400,000 Syrians had so far died in the conflict. 

Put another way:

  • More than 400,000 potential or actual Islamic terrorists will never again pose a threat to the United States or Western Europe.  
  • Additional thousands are certain to follow their example.
  • And the United States cannot be held in any way responsible for it.

But Americans and Europeans have chosen to see these positives as negatives.

The United Nations refugee Agency, UNHCR, estimates that 366,402 refugees and migrants crossed the Mediterranean Sea to Europe in 2015.

And while the West has thrown open its doors to fleeing Syrians, the reaction of neighboring Islamic nations has been entirely different.

This was brutally but accurately depicted in a cartoon of wealthy Arab rulers looking on indifferently at the body of Alan Kurdi.

While European nations are being swamped by hundreds of thousands of these uninvited “guests,” the Arab world’s wealthiest nations are doing almost nothing for Syria’s refugees.

According to Amnesty International, the “six Gulf countries–Qatar, United Arab Emirates, Saudi Arabia, Kuwait, Oman and Bahrain–have offered zero resettlement places to Syrian refugees.”

These nations are far closer to Syria than are Europe and the United States. And they contain some of the Arab world’s largest military budgets and its highest standards of living.

Note the contradiction: Democratic, non-Islamic countries are exposing themselves to increasing numbers of potential–if not actual–Islamic terrorists.

Meanwhile, the Arab world–awash in petrodollars and land–is closing its own doors to Syrian refugees

The Arab world’s wealthiest nations are doing next to nothing for Syria’s refugees – The Washington Post

* * * * *

During the 1980s, the United States waged a cold war against Islamic nations. Their acts of anti-American terrorism were seen as simply crimes, and not acts of war.

The September 11, 2001 terror attacks on the Pentagon and World Trade Center changed that. For the last 15 years, the United States military has actively fought Islamics in Afghanistan, Iraq and Libya. And now Syria.

To be admitting huge numbers of a population with which the United States is now waging all-out war is worse than stupid. It is a guarantee of national suicide.

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