Wednesday, May 26, 2021

SF is swimming in cash to fight homelessness - Good or Bad?

Featured in the San Francisco Examiner:

San Francisco is swimming in cash to address its homelessness crisis — so much so that advocates have dubbed the rare moment a “golden opportunity.”

Questions remain around where and how some of that money will be allocated. Experts agree that the pool should be divvied up into some combination of permanent housing, mental health services and prevention efforts. Yet given the magnitude of the crisis, it’s clear that policymakers need to think differently.

Voters in 2018 agreed systemic changes were needed with the passage of Prop. C, a gross receipts tax that promised true solutions to homelessness in San Francisco. After a lengthy legal challenge, a plan to spend $1.1 billion may finally be put into practice. Gov. Gavin Newsom’s proposed budget, unveiled last week, also allocates $12 billion to address homelessness across the state.

“We want to be clear that this isn’t business as usual,” said Shanell Williams, who chairs the Our City, Our Home Oversight Committee monitoring Prop. C funds. “We want this to move the needle. If we do the same things, we’re not going to see change. This investment plan is really bigger than just the dollars.”

Under recommendations by the committee, 54 percent of the funds will go to permanent housing, a quarter to mental health services, 14 percent to prevention and 7 percent to shelter and hygiene on top of existing services. The goal is to bring 4,000 people out of homelessness. The City has tapped into the fund since December, now totaling $245 million spent on homelessness.

The investment plan was crafted by department heads, mayoral officials, and shaped by more than a dozen listening sessions with people who had or have experienced homelessness. It incorporates city goals, like ending family homelessness and cutting chronic and youth homelessness in half by December 2022.

Contributors to the listening sessions describe challenging conditions, including sharing small spaces with other families. Maricela Anaya, a survivor of domestic violence and formerly undocumented mother of three, said her shared arrangement was particularly tough. Sometimes her family goes hungry having to wait to use the kitchen.

“It’s been very hard for the children,” Anaya said through a translator from the Homeless Prenatal Program. “I feel like my voice has to count as they make a choice with the funding.”

Under recommendations, 26 percent of permanent housing funds would be reserved for families and 23 percent for youth. Resources would be targeted to rental subsidies and buying, rehabilitating, operating and constructing permanent housing, including 350-450 new units for families. Another $25 million would be reserved for about 300 sheltered and unsheltered families like Anaya’s.

Resources for shelters would be directed to slots at city-sanctioned encampments, nearly 500 beds at navigation centers like one for the transitional age youth and a safe site in Bayview for vehicle dwellers to safely park. A navigation center is recommended for people discharged from jail or impacted by the criminal justice system.

There would also be hotel vouchers for survivors of domestic violence, pregnant people, and drop-in shelters for families.

As for behavioral health, the plan calls for six 24/7 street crisis response teams and another 132 mental health and substance abuse beds. Capacity for intensive case management and urgent care would also be expanded, among other investments.

But whether Prop. C funds will truly go toward overhauling the system in a question in some minds. Jennifer Friedenbach, executive director of the Coalition on Homelessness and OCOH committee member, is hoping to see detailed line items in the budget proposal in order to determine how Prop. C is being allocated elsewhere or on too many administrative expenses.

“The mayor’s office never says when they’re paying for something with Prop. C so we have to dig and find out,” Friedenbach said.

One recent example is around Mayor London Breed’s stated commitment to cap all supportive housing rents at 30 percent, which Friedenbach says is important but wondered if it would be funded using Prop. C rather than existing resources. The mayor’s office confirmed that it would be pulled from the gross receipts measure.

“Yes, this will come from Prop. C funds, as the mayor believes that this program should be funded with a sustainable source of funding to provide stability in future years for Permanent Supportive Housing tenants,” said Andy Lynch, spokesperson for Breed. “In general, the mayor’s budget proposal will largely align with the recommendations from the Our City Our Home committee and we have been working closely with the committee throughout the process.”

The tension around Prop. C goes back to when it was on the ballot. Proponents anticipated it would be challenged legally without reaching a two-thirds majority approval, delaying a life-or-death infusion of resources. Criticism was levied at high-profile officials like Breed, state Sen. Scott Wiener and Assemblymember David Chiu for not endorsing it to bring it over the line.

But how to use these dollars was not drummed up in silos. Members included liaisons to departments to come to agreements along the way, not after the fact. The Department of Homelessness and Supportive Housing also said their recommendations “largely align” with the Our City Our Home committee.

“All the members have been working with the city departments throughout this process,” Williams said. “It’s not like it’s just going to be dropped on them and they’ve never seen it. It won’t be news to them.”

As for the state funds, Newsom’s plan includes $3.5 billion to expand a pandemic-era program to purchase hotels and convert them into permanent supportive housing — another critical piece in long-term solutions. The City has bought the Granada Hotel and Hotel Diva using $78 million using the state’s Project Homekey program, gaining 362 units.

The Coalition on Homelessness and other advocates are pushing The City to be aggressive at this critical time in acquiring hotels. As restrictions are relaxed, coronavirus transmissions dwindle, and tourists come back, hotel owners may drive a harder bargain.

San Francisco’s to-be-determined portion of state funds would build on what Prop. C can bring on hotel acquisitions. The committee recommends spending $123 million on acquiring or rehabilitating 612-712 units, with $21 million in operating expenses for almost 1,000 units over three years.

Breed will unveil her anticipated budget proposal on June 1, which will go through the Board of Supervisors before final approval. Advocates like Anaya hope she and other leaders keep families at the forefront of their minds.

“My hope is that they really think about how to create those units for the families,” she said. “They have a right to have a place they can call their own.”

 


Tuesday, May 18, 2021

SF Homeless Camp to Be Removed

Featured in NBC Bay Area:

SF Homeless Camp to Be Removed, Advocates Say Residents Have Right to Stay

As of right now, the California Highway Patrol is scheduled to clear the encampment on Monday.

People who have been living in their cars and in tents in a state-owned parking lot under Interstate 80 in San Francisco are slated to be removed on Monday, but their advocates are arguing they have the right to stay under state law.

The Coalition on Homelessness said the city's moratorium on evictions during the pandemic applies only to residential spaces; the law wasn't designed to deal with this particular situation.

"I can't afford a (house)… but I have a place," Greg Smith, a long- term resident at the Merlin Street encampment, said in a statement. 

"I've always had mobile homes before. I've rented here for about five years until they declared bankruptcy and gave the place up."

Smith said he'd rather live in his vehicle than in a single-room-occupancy hotel, where some of the spaces are shared.

"I like to have my own place, come in when I want, have my stuff,'' he said.

Ora Prochovnick, director of litigation and policy at Eviction Defense Collaborative, said there's a good legal case for the residents to stay.

"California law clearly provides that it is illegal to remove a tenant without first providing proper written notice and a court process," Prochovnick said in a statement. "The situations of many of the people who have been residing for a substantial period of time at the property on Merlin Street raise strong evidence of a legal tenancy, and any doubts must be resolved in favor of the residents' due process rights."

As of right now, the California Highway Patrol is scheduled to clear the encampment on Monday. The encampment is located at 450 Fifth St. In San Francisco.

 

Homeless in San Francisco

 

 

Tuesday, May 11, 2021

Tenants Rights As Landlords Start To Make Left Turns

If you're a tenant and confused over what your home rights are, now that landlords are ramping up to run evictions, try push rent increases etc. please read this by Tenants Together:

People around the country are losing wages due to illness, caring for children at home due to school closures, or as a result of shelter-in-place orders. Federal, state, and local governments are falling behind in passing legislation that meets the needs of our community, and keeps member protected against the homelessness, economic, and health crisis that pervades our neighborhoods.
 
It’s important to note that eviction is a process. TENANTS DO NOT NEED TO IMMEDIATELY LEAVE THEIR HOME WHEN THEY RECEIVE AN EVICTION NOTICE. Landlords locking out, intimidating, or evicting tenants outside of the court process are against the law. Do not leave your home! 
 
Tenants in the state of California do have some protections detailed below to avoid evictions due to rent debt and other COVID-19 impacts on their household. We know these protections are not enough. Please sign our petition to demand Governor Newsom enact a REAL moratorium on evictions for the remainder of the state of emergency.
 
Below is a complete set of resources for anyone who is suffering from financial hardship, unable to pay rent, facing eviction, or looking to organize in their building or community. If you have difficulty finding a local tenant organization or do not qualify for legal aid, you can always call the Tenants Together hotline at (888) 495-8020. Our volunteer counselors are experiencing a severe backlog, but will order cases by level of urgency. We serve all California tenants regardless of income or immigration status.
  1. Know Your Rights FAQ
  2. Federal Center for Disease Control (CDC) Eviction Protections 
  3. California Tenant Relief Act of 2021 (SB 91) & State-Level Eviction Protections
  4. State of California Rent Relief Program (ERAP) & Other Rental Assistance Programs
  5. Local City & County Eviction Protections
  6. Mutual Aid for Communities  

For additional resources related to unemployment filings, Disaster Relief Assistance for Immigrants (DRAI) program, mental health helplines, and other resources not directly related to your tenancy, read our COVID-19 mutual aid guide here.

Know your rights

Click on each option if you are having a problem with: 

What are my protections at the state level? Senate Bill 91, effective February 1, 2021, states that:

  • Tenants cannot be evicted for ANY rent they were unable to pay starting in March 1st and through August 31st, 2020. However, landlords can take you to small claims court for the owed rent during said time frame begining August 1st, 2021.
  • If tenants are currently unable to pay full rent from September 1st, 2020 through June 30, 2021, your landlord still may not evict you so long as tenants complete the following:
    • Tenant must provide landlord with a declaration of impacts COVID-19 has had to their household, within 15 days of receiving a nonpayment of rent eviction notice from their landlord.  For proof of documentation tenants are recommended to send by certified mail. 
    • Tenants must pay a minimum of 25% of rent for the months of September 2020 through June 2021 no later than June 30th, 2021. The 25% payment can be made as installments or in one lump sum so long as your 25% payment is made by January 31st, 2021.
  • On July 1, 2021, tenants are expected to pay their rent in full to avoid eviction.
  • Starting August 1, 2021, landlords can take tenants to small claims court for unpaid COVID-19 rent debt accurred March 1st, 2020 to January 31st, 2021.  
  • Until July 1st, 2021, landlords must give a just-cause reason to evict a tenant in California per the protections outlined in AB 1482.  
  • Other types of evictions will proceed, including no-fault and Ellis Act evictions. This is a loophole we are fighting to close! You may be able to access stronger protections at the local level. 

Our full presentation about SB 91 can be found here.

What are my federal protections What does the CDC order do? The Centers for Disease Control (CDC) order was issued on September 4, 2020 and expires on June 30, 2021. The CDC order covers renters who expect to make less than $99,000 in income in 2020, received a stimulus check, or is "likely to become homeless or live in close quarters" if they are evicted. This covers evictions for inability to pay rent in full and other types (like no-fault evictions) as well. The CDC order asks that you make "timely partial payments as close to the full rent" as you can.

 
 

I CAN pay 25% or more of my rent. What should I do to protect myself from eviction? If you receive a written eviction notice citing your inability to pay rent as the reason, submit this declaration of hardship to your landlord as soon as possible. If you receive a verbal notice, you should send an illegal notice response to your landlord. You are supposed to file these monthly for each month you cannot pay.

I CAN'T pay 25% of my rent owed. How do I tell my landlord? If you meet the requirements listed above under "What does the CDC order do?", you may be protected under the CDC order, which functions as a "floor" for protections. If you are not adequately covered by AB 3088 or local protections, consult the federal order. If you make under 80% of the Area Median Income for your area, you will qualify for rent relief funds beginning in March 2021 for up to 25% of your owed rent, even if your landlord refuses to participate in the rent relief program (more details below).

What documentation should I save? If you can get in touch with your employer or former employer, have them sign this form and submit it to your landlord. Make sure you keep a hard copy for yourself. If you cannot obtain documentation from an employer about a loss of income, keep any records of a job loss, unemployment applications, or any other paperwork that you can keep on hand. You can also use the form at NoRent.org, compiled by tenant organizers across the country, to have a letter pre-filled out for you.

My landlord is asking me to move out. What do I do? Do NOT move out immediately! It is illegal for the landlord to physically remove you from your home, unless you have received an order to leave from a court AFTER an eviction case has taken place in that court. Receiving an eviction notice does NOT mean you have to move out. Contact a tenant or legal aid organization immediately if your landlord is harassing you, or pressuring you to move.

My landlord wants to increase my rent by more than 10%. This is illegal during the state of emergency for new and existing tenancies under California Penal Code Section 396. This includes both the COVID-19 state of emergency but also any county-level states of emergency related to wildfires in California. If your landlord puts forward an agreement with a rent increase, do not sign anything. Use this sample letter to notify your landlord and keep a copy. Lastly, the cost of hotel rooms is covered under the state of emergency provision as well. You can learn more about your price-gouging protections at the state Attorney General website.

I have notified my landlord that they cannot increase my rent above 10%, but they are trying to do so anyway. Contact a local legal aid hotline, the Tenants Together hotline, or a local tenant organization if your landlord pushes back. Keep all documentation of communication between you and your landlord handy. Use this link to file a consumer complaint immediately with the state Attorney General.

My landlord is asking me to sign a rental agreement to readjust my rent. Do not sign any new agreements with provisions that you find questionable, without consulting a local organization first. If your landlord is asking for a repayment agreement related to a COVID-19 stimulus check, do not sign. You are under no obligation to turn over any stimulus or unemployment money from the government to your landlord in a written agreement.

My landlord has filed an eviction that isn't related to me not paying my rent in full, but I am at risk if I leave. You may be protected by the CDC order until January 1, 2021. If you are NOT being evicted for any of these 5 reasons: (1) violating a lease agreement (other than nonpayment of rent), (2) criminal activity, (3) threatening health and safety of other tenants, (4) damaging property, (5) violating health & safety code, the CDC order protects you from eviction. We believe the CDC order should prevent "no-fault" evictions.

We now have a text helpline for shared resources for renters facing economic hardship and other COVID-related issues. Text HELPLINE to (650) 600-7821 for a list of basic resources, but please contact our normal hotline via phone if you are facing an issue that requires tenant counseling on your rights.

Organize your block

My landlord is threatening to lock me or a member of my community out of my/their apartments. This is illegal! It is known as a "self-help" eviction because the landlord is not using the court process as they are required to by law. If this is happening to you, contact a tenant or legal aid organization right away. If you want to learn how to organize your building, your neighbors and your community against illegal lockout evictions, Tenants Together is hosting lockout organizing trainings. A copy of the slideshow materials from those trainings can be found here. Feel free to share it with your neighbors, too!

I would like to form a tenant association or tenant union in my building, block or community. How can I do this while remaining socially distanced? A helpful first step is to print out flyers in your building or block, collect phone numbers or emails, and conduct socially distanced tenant meetings, including via phone or computer if you and your neighbors have access. Our guide to running a socially distanced tenant meeting is here.

Where can I find counseling resources explaining the different eviction protections and orders? Our bilingual presentation is here, which provides several tenant counseling scenarios and explains in depth the various protections at the local, state, and federal levels, including AB 3088 and the CDC order. This is a more technically advanced presentation, but feel free to share with anyone in your community who finds it useful.

Where can I find a list of local protections that may apply to my area? Use our COVID-19 local protections tracker here. Tenants Together staff and organizers update this tracker regularly as new protections are passed or old emergency protections expire.

Where can I find a tenant or legal aid organization near me? Use our directory of local organizations. Joining a local tenants' union is the best way to protect yourself and your neighbors from eviction before one happens.

Join the movement

Is there statewide legislation I can support? The state legislature is currently not in session, but we will update this page in the future as we work on new demands for January 2021.

How can I join the campaign to #CancelRent and #CancelMortgages? 75% of Californians who believe our state needs to #CancelRent and #CancelMortgages. First step: sign our petition to Governor Newsom! Every other Tuesday from 5:30-7:30PST, Tenants Together hosts #CancelRent organizing calls in English and Spanish with tenants and organizers across the state. We focus on collective organizing support and tenant clinics / counseling support. Click here to register and join! If you're a member of an existing tenant formation and you'd like to become a member of Tenants Together, let us know by emailing info@tenantstogether.org.

I'm not in California but I want to participate in the national movement to #CancelRent and #CancelMortgages. We are a member of the national Right to the City Alliance, whose Homes for All campaign is leading the fight on a national level. Homes For All hosts #BeyondRecovery organizing and advocacy trainings related to the COVID-19 pandemic weekly. You can sign up for the workshops here.

How do I spread the word about tenants' rights during COVID-19 and the #CancelRent campaign? Follow Tenants Together on Facebook, Instagram, and Twitter, and click here to access shareable social media graphics from our public Google Drive that you can use from your personal accounts. Make sure to tag @TenantsTogether when you share!