Mission Dispatch

A subtle tone of depression was in his voice as José Morales explained briefly to the Mission Dispatch that he lost the court case with his landlord that had been set for Sept. 10 in the State of California, Superior Court of San Francisco County.

José Morales lost his case.
Photo: Jennifer Pickens

Originally, Judge Patrick J. Mahoney scheduled it to be a jury trial court day, as Mahoney denied the landlord a Summary Judgement this past August.

Despite the hopes for a favorable outcome for Morales, there were delays and the case went to Judge Ronald E. Quidachay to decide. A week had passed by Mahoney’s set court date. Then on Sept. 17 Judge Quidachay sided in the landlord’s favor. Apparently Quidachay saw no need for a jury to review the facts.

“I never thought I’d be entangled in this type of case,” said Bernal Heights resident Morales. In failing health at 78, he has been in a long dispute with his landlord Ara Tehlirian to stay in the San Jose Avenue flat Morales has lived in for over 42 years.

“This case is within a limited jurisdiction and José wants to appeal, which means that the case will then go to the appellate panel,” said Thomas Drohan of Legal Assistance to the Elderly. “After the appellate panel then the case might go on to the Court of Appeals,” added Drohan who has worked diligently to help Morales in his circumstance.

Morales a former tennis instructor and dancer has been in dispute in one form or another with Tehlirian since 1994, when Tehlirian bought the 100-year-old set of flats. Morales has been living in the same flat since 1965, when rent at that time was less than $100 per month. “I don’t deserve to be evicted from my home of over 42 years,” said Morales. “This is a sad decision,” he added.

Yet attorney Andrew Zacks of the law firm Zacks Utrecht & Leadbetter who has been representing Tehlirian noted, “this is an unlawful detainer case,” he said; meaning a tenant is remaining unlawfully on a property. Zacks Utrecht & Leadbetter specializes in such cases involving landlord versus tenant disputes, including land use regulation, permits and property rights.

“Mr. Morales is obliged to move. He does not own the property. It is my client Ara Tehlirian that does,” said Zacks. And as he explained from the owner’s point of view, that an owner of a property has the right to renovate, restore or sell a piece of property as he wishes.

Zacks claims that the landlord has been willing to help Morales, but said that Morales resisted all reasonable efforts. Zacks questioned the reasoning of Morales by saying, “my client Mr. Tehlirian has his limits too. How much of an obligation does he have to a tenant?”

Apparently Tehlirian has been trying to renovate/restore the two-unit building and be able to get a full-market value of his investment via rents paid at current rates. But Morales according to Zacks has stood in the way. Using the Ellis Act to evict Morales was as Zacks said, “the last option.”

“Much of what Jose contests in this case is highly technical arguments,” said Zacks. Morales feels that Tehlirian is unfair in his tactics and holds him in disdain as a loyal tenant. This baffles attorneys Zacks and Paul Utrecth of the firm as they maintain the landlord has been more than generous.

Morales contested that the landlord did not fill out the required paperwork by the City properly. Morales fears that Tehlirian’s intention to renovate/restore the units was really to demolish the century-old building completely.

“Jose’s strongest angle in the case was the possibility that the landlord was trying to take the units off the market,” said Ted Gullicksen of the SF Tenants Union. Yet there was not sufficient evidence to prove such an intention.

Gullicksen explained that the Ellis Act as a state law has a devastating impact, “there is little that the City can do. Slow it down perhaps, but not able to defeat it,” he said.

Rosario Perry an attorney in Santa Monica is sympathetic to both sides — both housing providers and tenants, as he knows the Ellis Act well. This is a statewide problem not just in San Francisco. “I have been dealing with the Ellis Act since it took hold in the 1980s,” said Perry.

Like Gullicksen, he too sees the Ellis Act as a way for landlords to get out of the business of being landlords. Yet, unfortunately as legislation the Ellis Act has been used to promote the greed of ambitious real estate speculators and developers.

Gullicksen has seen many Ellis Act evictions as an advocate over the years, especially since the Dot Com boom when real estate values skyrocketed. He worries that Morales might end up in a convalescent home rather than maintain his independence living on his own.

“Most of Ellis Act evicted tenants end up leaving the city,” said Gullicksen. “Or as in the case of seniors, go to a facility and that can be fatal,” he added. “Because with the loss of home and independence, many seniors give up and die,” said Gullicksen.

James Chionsini of the SF advocacy group Planning for Seniors agreed with Gullicksen. “Seniors have more to lose when they are evicted from their home,” he said. Describing Quidachay’s decision as a “tragic eviction,” Chionsini feels the Ellis Act shows blatant disrespect to elders and finds the legislation allowing them to be “tossed out on the street reprehensible.”

“I think the Ellis Act should be repealed or at least adjusted to protect the vulnerable of the population, like seniors and the disabled,” said Chionsini.

Morales wants to stay in his neighborhood as he feels at home in the Bernal Heights/Mission District area. “I have deep roots here,” he said. Currently he pays over $900 per month, which he claims also, included a capital improvements measure. But all the landlord did was paint and give attention to the outside, nothing to the interior of his unit, said Morales in a previous interview.

Morales claims that for him to leave his home of over 42 years would be very difficult. His advocates and supporters like Gullicksen, Chionsini and V Cook of the Bernal Heights Neighborhood Center will stand by him in the appeal process. But they all note that waiting lists for subsidized and affordable housing are long. It can take years for someone like Morales to get into an affordable unit.

Zacks expressed skepticism as he said, “There are hosts of services available to José as a senior. He is politically well-connected to be on the list for affordable housing.” Zacks made note that Morales has become a local symbol for tenants rights. “He protested with picket signs outside in front my home,” said Zacks.

Zacks see this case as a difficult one with strong feelings on both sides. “It has been unfortunate for all concerned,” he said. “Mr. Morales has got such strident views of his rights. He thinks the flat is his,” added Zacks.

Zacks and his firm have been very cordial and eager to resolve the situation for both sides. Praising Drohan and Legal Assistance for the Elderly, he said, “Mr. Morales has a great lawyer and lots of well-intentioned help.” Yet, Zacks feels that Morales is “taking a stand that is against his best interest and 100 percent self-imposed,” he said.

“The money and time being spend in this entire case doesn’t really add up,” Zacks said.

Zacks noted that an agreement was reached between the two parties for an expedited appeal. And, that that during that process Morales will be allowed to stay in the flat.

“This is good because there is no danger of eviction at this point while we are in the appeal process,” said Drohan.

Perry hopes the situation will be resolved reasonably. As said “I know the Zacks, Utrecth firm. They are a superb group of attorneys.

Yet Perry noted the poor get hurt. “And always become the unintended victims, in such cases,” he said. Blaming the housing provider, the landlords is not helping the issue for affordable housing. Perry also feels that rent control will not solve the problem.

“Until the government allows the free market system to build housing without artificially imposed restrictions of height and density, the poor will suffer,” said Perry. He feels the government should help.

“Everyone wants decent housing,” said Perry. “But the yuppies (the rich and powerful) do not want the density or height.” “Well where do you put the needed housing? Underground?” Asked Perry.

“They would oppose that too,” he said. “If housing is so important then we need to live with the high density and height required to produce enough housing to satisfy the demand,” said Perry.

For more information about the Ellis Act and tenants rights visit: http://www.sftu.org/

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