As of 2022, seven states—California, Maine, Maryland, Minnesota, New Jersey, New York, Oregon and the District of Columbia—offer tenant protections via residential rent control.
Only 34 out of 482 cities in California have strong tenant protections.
And only 15 cities in California have rent controls on landlords’ greed: Alameda, Berkeley, Beverly Hills, East Palo Alto, Hayward, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond. San Francisco, San Jose, Santa Monica, and West Hollywood.
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.
Kip and Nicole Macy are two former San Francisco slumlords who pled guilty to felony charges of residential burglary, stalking and attempted grand theft.
Nicole and Kip 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.
- 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 ammonia.
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 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.
How could it be changed?
By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.
Consider:
- In 2022, at least 25,000 untested rape kits sat in law enforcement agencies and crime labs across 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.
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.