San Francisco Chronicle

Live-work tenants sue over evictions

- By Carolyn Said

Several tenants in a live-work Mid-Market building in San Francisco are suing the landlords, alleging harassment to force them out, as the property will be more lucrative as office space. A building owner said there is no merit to the claims.

“The landlords let this building go to pot,” said Gregory Brod, an attorney representi­ng 11 tenants at 1049 Market St. who filed suit in San Francisco Superior Court on Wednesday. All pay around $700 for compact loft-style units with kitchenett­es and shared bathrooms and have lived there for many years, Brod said.

Located on a gritty block between Sixth and Seventh streets, the sixstory, 75-unit building is in the center of the transforma­tion being wrought by Twitter and other tech companies. Although it is zoned commercial, it has been used as residentia­l “office lofts” for many years.

The residents, many of whom are artists, received eviction notices in early autumn.

John Gall, a former Major League Baseball player who is part of the family group that owns the building, said the city compelled him to convert it to offices. An August notice from the Department of Building Inspection threatened to revoke its occupancy permit because about half of the units, located in the building’s interior, lack windows and thus violate laws requiring natural light in living spaces.

The situation stirred concerns about gentrifica­tion forcing out lowincome and creative people — an issue that has continued to gather steam as average rents top $3,000 a

month, evictions have increased across the city and protests have mounted.

San Francisco officials, including Supervisor Jane Kim, who represents the area, interceded to broker meetings between the 1049 Market owners and the Department of Building Inspection, trying to grandfathe­r in the lack of windows so the units could remain as livework spaces. In November, the city suspended the owners’ permit for proposed office conversion work.

Building in disrepair

Brod said his clients allege that the owners let the building fall into disrepair, intentiona­lly inflicting emotional distress.

“The door locks to get into the building are in disrepair and the elevators are broken,” he said. “We have photos of naked homeless people sleeping in the bathrooms, of syringes and blood in the stairwells. The tenants have had issues with heating, hot water, bedbugs, malfunctio­ning elevators.”

Gall said the allegation­s are false.

Charges disputed

“Our service staff is the same and gives the same attention to the building” that it always has, he said. “I know there was a hot water heater that went out, but it got fixed; that kind of thing happens. Nothing even remotely close to these issues has happened.”

A Chronicle reporter and photograph­er toured the building in October, at which time it appeared to be clean and in good repair.

The tenants and housing-activist groups have called on Gall to rescind the eviction notices. He has not done so, but also has not pursued unlawful detainer suits against tenants who remained.

Gall said many tenants had accepted relocation money and had moved out. “There are maybe a couple of dozen people left in the building,” he said.

His next meeting with city officials is scheduled for February; he’s also trying to meet with his lender about the situation.

“We’re still in the middle of trying to figure things out,” he said.

 ?? Photos by Sarah Rice / Special to The Chronicle 2013 ?? Tenants at 1049 Market St., including Ben Cady, got eviction notices in October based on some units’ lack of windows, in violation of laws requiring natural light in living spaces. The tenants’ lawsuit alleges harassment.
Photos by Sarah Rice / Special to The Chronicle 2013 Tenants at 1049 Market St., including Ben Cady, got eviction notices in October based on some units’ lack of windows, in violation of laws requiring natural light in living spaces. The tenants’ lawsuit alleges harassment.
 ??  ?? Melissa Bracero is one of the tenants who got eviction notices. One of the landlords says many tenants have accepted relocation money and moved out.
Melissa Bracero is one of the tenants who got eviction notices. One of the landlords says many tenants have accepted relocation money and moved out.
 ?? Craig Lee / The Chronicle 2008 ?? Student Curtis Cole has been one of the tenants at 1049 Market, in a single-room live-work space with shared bathrooms.
Craig Lee / The Chronicle 2008 Student Curtis Cole has been one of the tenants at 1049 Market, in a single-room live-work space with shared bathrooms.
 ?? Sarah Rice / Special to The Chronicle 2013 ?? The 1049 Market St. building (center) is a hot spot in the gentrifica­tion battle. Tenants in the livework space say the landlords were harassing them.
Sarah Rice / Special to The Chronicle 2013 The 1049 Market St. building (center) is a hot spot in the gentrifica­tion battle. Tenants in the livework space say the landlords were harassing them.

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