Articles Posted in Landlord-Tenant

Earlier this week, we discussed the ongoing San Francisco housing crisis. Sadly, as too many of you know from personal experience, the housing issues in California go beyond one city. California mobile home residents, particularly those living in San Jose mobile homes, are also living in fear of losing their homes because of owners selling to luxury home developers. Our San Jose tenant’s lawyer is ready to protect the rights of residents throughout Northern California who are facing unjust or unlawful eviction.

The Fight at Winchester Ranch

The San Jose Mercury News recently covered the fight between residents of the Winchester Ranch Mobile Home Community and the park’s owners. There are 150 residents, mostly seniors and largely people on fixed incomes, in the 16-acre West San Jose community. Most own their coaches but pay between $833 and $1,000 to rent their site. The homes are mobile in name only because the coaches are anchored to the ground and, if they could move, are unlikely to be accepted elsewhere because of their age. Owners of the park lands are negotiating with developers who want to buy the prime real estate and build projects that would likely include luxury condominiums catering to high-salary tech professionals.

It has been the subject of local discussions for some time and concerns about the San Francisco’s housing crisis are now being talked about on a national level. As a San Francisco tenant’s law firm, The Brod Firm knows that for many the crisis is much more than coffee-talk, it is their life. This reality makes our work protecting the legal right of San Francisco’s renters even more critical. We encourage San Francisco tenants to assert their rights and believe doing so is crucial to helping renters survive the housing crisis and making the market work for renters.

The Crisis Gains National Attention

This month, Time Magazine focused on the affordability crisis in San Francisco where housing is more costly than anyplace else in the nation. Mayor Ed Lee recently reiterated a vow to provide the affordable housing the city needs, including below-market rate units for lower income renters. Lee’s latest solution involves cutting the red tape that complicates the cumbersome review process for new housing projects and giving priority to projects that include low-income options.

At one point, perhaps in our earliest years on our own, most of us lived someplace “less than perfect.” It may have had virtually non-existent water pressure, windows that didn’t open, or lingering odors from a prior tenant’s incontinent cats. There is, however, a level of living conditions that no one should have to face. It is a deplorable level of circumstances that render a unit uninhabitable and can violate both state and local laws. People facing such conditions should consult an experienced Oakland landlord-tenant lawyer for help.

Tenants Tell of Deplorable Conditions in Oakland Apartment Building

In a San Francisco Chronicle report, the tenants of the 55-unit Booker Emery building are speaking out about the terrible living conditions they claim have plagued the West Oakland apartment complex for years. A 28 year-old resident named Tiffany says the complex is infested with roaches, bedbugs, and mold and that the landlord has refused to fix these problems and others, such as leaky pipes, during her four years as a tenant. She says the mold and bacteria made her ill and that she was bitten by bedbugs and roaches at the 715 Peralta Street location located near the West Oakland BART station.

It can happen in a matter of minutes. A house fire can engulf a residence, causing extensive property damage, burn or smoke-related injuries, and even death. All too often, home fires are the result of careless decision-making characterized by people taking unnecessary and unwarranted risks that often involve neglecting safety to save a little bit of money. As a San Francisco tenant injury lawyer, Attorney Brod has helped many renters who were left facing the consequences of their landlord’s dangerous choices.

Fire Injures One, Leaves Four Others Displaced in Hayes Valley

2013 came to a terrifying close for residents of a home in San Francisco’s Hayes Valley neighborhood. The San Francisco Chronicle reports that the one-alarm fire erupted at 5:42 A.M. on December 31 on the second-story of a residence on the 600 block of Fulton Street. Authorities say that one resident was taken to the hospital for treatment of unspecified injuries. Four others who were also displaced by the fire are receiving assistance from the American Red Cross. The cause of the blaze could not be immediately identified.

In recent years, bed bugs have become a serious public health concern. In 2011 and 2012, some of the most severe outbreaks occurred in New York City, Philadelphia and Detroit. What is most notable about these outbreaks is that they occured in unexpected placeslike the New York City office of the United Nations and the Lincoln Center . Many of the high profile locations deny accusations of bed bugs, while others acknowledge that although there are bed bugs on their premises, it does not indicate uncleanliness. Along this line of thought, the fear that bed bugs are a sign of personal untidiness complicates resolving the issue further. In fact, many people either delay their reports of bed bugs for fear it may suggest their homes are unclean. This begs the question: do bed bugs truly arise from uncleanliness?

The belief that unclean environments cause bed bug infestations is inaccurate. Bed bugs are attracted not to dirt, but rather to warm spaces, carbon dioxide, and blood. The barely macroscopic creatures (1mm-7mm) thrive in such environments, especially when there are a given space offers many hiding spaces such as those found in homes. Often, these bugs will enter the home by attaching themselves to an item of clothing while an individual is outdoors, such as in a school or theater. Once they have entered the home, it may take some time to immediately realize the presence of an infestation.

Although bed bugs feed on blood during the night, they are not shy-they can be visible during all hours of the day. One of the most visible indications of a bed bug infestation is seeing the creatures in various parts of the house as tiny, dark brown/reddish bugs along with their dark excrement in beds, sofas, and enclosed spaces round the home. In addition to seeing them, many people experience their nightly bites. However, not everyone shows signs of bed bug bites—some people will have minor to no symptoms, while others may exhibit more visible, sometimes allergic reactions. Particularly in the latter case, it is essential to seek medical attention to manage the health issues presented by the infestation. Despite their parasitic presence, and aside from the potential to cause an allergic reaction in some individuals, bed bugs do not transfer disease while they feed on their host.

Of course, the instinct of every resident has is to identify the means of removing the intruders from the home. As it happens, bed bugs removal efforts benefit greatly from an expert hand. They are resistant to many pesticides, including DDT. The treatment process can include the application of a high heat treatment, which would involve heating the area in question as high as, but not limited to 117 degrees for one hour . In some cases, using insect spray can help, although as previously mentioned, they have acquired resistance to many pesticides. This is one among other treatments used to treat bed bugs. To identify the best method of treating bed bugs in a specific situation, get in touch with a professional who handles bed bug extermination.

In 2012, San Francisco passed rigorous measures identifying bed bugs as a public health problem, and establishing guidelines for managing infestations. The guidelines require that tenants inform their landlords of a bed bug problem. Next, landlords are required to hire a pest control company to perform an inspection verifying the infestation, and proceed with an extermination procedure of the bed bugs. Six weeks following, the San Francisco Health Inspectors are then required to verify that there has been no resurgence of the infestation. In addition to actively removing an infestation, San Francisco’s measures address preemptive inspections to make sure that bed bugs are not found in residents’ units.
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Landlords and tenants often have a contentious relationship. In many cases, tenants feel like they have very little power when it comes to changes in rent, inadequate repair work, or other lingering problems. With the ever-increasing price of real estate and resulting rise in rents, tenants may feel even more at the mercy of their landlords and may live in fear of an eviction notice. As a San Francisco tenants’ rights law firm, we want tenants to know that they do have rights and that evictions, including Ellis Act evictions, must be done in a proper manner and for a valid reason.

Ellis Act Evictions on the Rise in San Francisco

An article in the San Francisco Chronicle suggests that a common hypothesis may be accurate – rising rents have been followed by a skyrocketing number of evictions, especially those in which the landlord purports to be taking the unit out of the rental market. To some, this confirms that the rise in rents is squeezing longtime residents out of certain neighborhoods in San Francisco. Supervisor David Campos requested that analysts prepare a report on Ellis Act evictions, often used by landlords who want to sell the property. The report found that between the year ending in February 2010 and the year ending in February 2013 Ellis Act evictions rose by a whopping 170%, compared to a 38% increase in evictions overall. The same time period saw a 22% increase in San Francisco home prices. There had been a sharp decline in Ellis Act evictions following the economic difficulties of 2009 and the rate has risen steadily since then, although the 116 Ellis Act evictions (of 1,716 total evictions) for the year from March 2012 to February 2013 is still much lower than the all-time high of 384 in 2000. The rate appears to be continuing to climb, with a 145% rise for September 2012 to September 2013 compared to the prior twelve months. Ellis Act evictions seem to be clustered in a few areas, with the Mission District leading with 71 Ellis Act evictions between 2009 and 2013; the same period saw a nearly 30% rise in housing prices for the neighborhood.

There is a lot to be proud of as a resident of Northern California. In 2012, Bloomberg Business Week declared San Francisco the Best City in America, citing its top score for education as well as praise for the arts scene, the beautiful scenery, and air quality. However, San Francisco and other North California cities also made a less brag-worthy list — Terminix’s cities with the biggest increase in bedbug infestations (San Francisco is #12, Sacramento is #1). Renters have borne a substantial portion of the bedbug crisis and our San Francisco bedbug law firm helps tenants fight against landlords who ignore the problem of bedbug infestation.

bugpic.jpgBedbugs Generally

As detailed in a Fact Sheet assembled by the California Department of Public Health, bedbugs are parasitic insects that range from 1/16 inch to ¼ inch during their ten month life span. They cannot fly so the bugs either crawl or are carried between places. Bedbugs feed on blood, including human blood, and usually feed during the night. Although they do not transmit diseases, their bites can leave behind large, itchy welts. The initial bite is usually painless, rarely waking a sleeping person, and it can take several days for the reaction (an immune response) to appear.

Our Sacramento tenants’ rights law firm believes everyone is entitled to a home that is safe and livable. We think it is unfortunate when it takes an order from housing code enforcement officials or, worse yet, an order from a judge to make a landlord provide a safe dwelling. A story affecting some local renters reminds us, however, that sometimes it takes action to get results and get owners to fix an unsafe apartment.

Apartments Shut-Down While Rotting Balconies Are Repaired

balconyview.jpg Officials in West Sacramento have, according to a Sacramento Bee report, intervened to force the owner of an apartment building to comply with building code requirements. City code enforcement officials told over a dozen residents at Hunter’s Point Apartments, an 80-unit complex located at 900 Todhunter Avenue, that they would need to stay elsewhere while work was performed on the balconies of certain upstairs units. Dry rot has eaten away support beams, leading officials to condemn a number of the structures and flag others needing attention. Charline Hamilton, the community development director for West Sacramento, said the damage may mean all ten balconies need to be replaced. Fifteen residents are temporarily living in unaffected units or at a nearby motel. Officials have called the balconies a top code enforcement priority.

One of the hallmarks of our times is a commitment to and concern about the safety of both indoor and outdoor environments. We worry about car exhaust causing respiratory illness and the danger of BPA leaching into our drinking water. One threat that many think is largely in the past is lead contamination. However, our Oakland lead contamination lawyer knows that lead poisoning remains a public health issue and that people are still falling ill due to lead paint in older California homes.

paintcans.jpg An Overview of the Lead Paint Lawsuit

This week, the Oakland Tribune released a report examining a lawsuit brought by ten California cities (including San Francisco county and the city of Oakland) against paint manufacturers (including Sherwin-Williams and Atlantic Richfield). It is a fight that dates back 13 years, a billion-dollar battle about the role of the paint industry in covering the state’s residential landscape with lead paint.

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