SF Elders Faced An Eviction and Homelessness. But They Fought Back and Won.

Landlord Elizabeth Connell spent three years in court trying to evict three elderly and disabled tenants from their home in San Francisco’s Noe Valley. With the help of a tenant union, those tenants have now stopped her attempt.

Michael Epstein, 75, settled with Connell on January 31, allowing him and his two elderly housemates to stay in their rent-controlled apartment at 1004 ½ Dolores Street. In the wake of the news, dozens of supporters joined a rally to show their support and concern.

“It’s a relief,” said 73-year old Richard Gross at the rally. For him, Epstein’s story was close to home. Six years ago, he and his wife Nancy had been kicked out of their rent-controlled home after 25-years of residency.

“It was a fake owner move-in. The landlord said their son was moving in and we had to go,” he recalled. “It was a home to us.”

During the rally, on February 7, activists helped deliver a list of additional demands and a check for $51,329.48 to Connell. The check was the culmination of three years of Connell’s refusal to accept rent payments during her eviction attempt. A landlord cannot accept rent during eviction proceedings, which can lead to large bills for tenants even after they prevent the eviction.

In a city notorious for its unaffordability, organizers are still worried about the costs that came with Epstein’s victory. Over the course of the tenants’ fight, the house fell into such disrepair that the city deemed it a “nuisance.” 

“It is unconscionable that a 75-year-old disabled man and his elderly and disabled housemates were subjected to a three-year eviction battle while the landlord allowed the building to be legally classified as a nuisance due to hazardous entryways and a potential asbestos hazard documented in City records,” according to a press release from Tenant and Neighborhood Councils (TANC), a Bay Area-wide tenant union.

In the settlement, Epstein and his housemates waived the ability to dispute past grievances with the landlord. Consequently, they cannot go to court for alleged instances of landlord entry, denied disability accommodations, and sudden restrictive changes in leasing agreements. They are also now subject to what activists are calling a “legibility trap.”

“There’s a clause that any handwriting has to be legible,” said Thane, a TANC organizer who preferred to keep his last name anonymous. “If the landlord can’t read it, they get three strikes before they proceed to eviction.” In such a case, Epstein could get evicted faster than before, because of the settlement agreement and the landlord’s history of eviction attempts against him and his roommates.

For many at the rally, this fight is part of a larger call to action. “Demonstrating and rallying has more power than voting,” said a 34-year old anonymous attendee, who has dealt with rent hikes and deferred maintenance in the past. “Mobilizing tenants is important,” they said. “This coalition is an example of what we as citizens can do.”

Elderly struggles to avoid homelessness isn’t new to San Francisco. In 2017, 100-year old Iris Canada was evicted from her home in the city’s Western Addition, passing away a month later in a hospital. As rents surge at record paces, elderly tenants like Steve Leeds are worried about the future.

“Housing is a human right,” said Leeds, an elder who fought off three evictions. Recently, he fought off a speculator that bought his building in the Sunset District. “We didn’t know their names, but we got a letter from a lawyer saying ‘we want to buy you out.’” In response, Leeds and the other tenants went on a public campaign, ultimately securing their ability to continue living in their rent-stabilized apartment.

Union organizers, such as Thane, were keen to point out the significance of Epstein’s case. 

“They want all sorts of people to be alienated; afraid. But if we come together, we won’t let them divide-and-conquer us,” Thane said.

As elders continue to face housing struggles elsewhere, the tenant union is ready for what’s next. “We’re going to remain vigilant,” Thane said. “It’s a matter of life-and-death that we continue to organize.”