We sadly report a tenant-landlord conflict that resulted in the bodily injury of the landlord and two counts of felony charges against the tenant. This incident has been widely reported by the Chinese language media on 1/21 and 1/22 on KTSF, World Journal and Singtao, AM1400 and AM1450, and on KCBS AM740 on 1/22 around 7am, and SFNewsFeed on 1/23. Channel 2 and Channel 5 were also at the press conference.
A 60yr old Chinese immigrant small property owner from the Sunset District with broken English came to me at 6:30pm, 1/20/2015, and reported that she was beaten by her white tenant, a college professor at an area community college on Monday night, 1/19/2015, at about 11:00 pm. She said because issues with the cleanliness of the common area of their residence, that she was lifted up by her tenant by her throat, choked and couldn’t cry for help. While struggling to get away, she was beaten with a glass beer bottle and was severely cut and bruised. A blood trail led from the dispute site at the basement all the way to the main floor. Four police cars and one ambulance came at around midnight. She had 5 stitches at UCSF hospital overnight, and was released late afternoon of the next day. The renter was also released from the police department at about the same time and was back at her home. She feared for her life going home and she came to me. I offered her to stay with me, but she has animals and relatives at home to care for.
According to the SPO, there has been a long history of battery and assault incidents (classified as domestic violence by the police as they happen within a home though the parties are just un-related roommates). She didn’t know her rights; she felt trapped with no way out, thinking how difficult the eviction process would be and how much she would have to spend on fees and reconstruction costs given the rented space may or may not have been warranted. She was intimidated by, yet sympathetic to the tenant, and never had reported the past incidents to the police, until it finally escalated to an uncontrollable and unacceptable crime. She paid a high personal and emotional price for it.
On the evening of Thursday 1/22/2015, further information was known. The tenant had posted a 5-digit sum on the 10% “purchase price” of the bail bond to bail himself out. He is charged with two counts of felony on “Assault with intent to do major damages”. Unfortunately, with the severity of these charges, I was told by the Taraval police station on Wednesday morning, that the Superior Court judge didn’t approve an Emergency Restraining Order at the night of the battery, and the tenant could still be released back to his home where the landlady also stays. I was also told that the tenant was plea bargaining with all parties involved, including the prosecutor and the property owner. Further information pending on the released and receipt of the full police report.
We at Betterhousingpolicies.org, are made up of immigrants who are renters or small property owners who were long-time renters. Our volunteers have been helping tenants and landlords to resolve their disputes then refer them to the proper organizations or attorneys for further help. But in this case, the balance of the law is tilted – the aggressor was able to go home and the victim who owns the home was afraid to return. There are volunteers helping the victim landlady with the law proceeding but even if so, it may take weeks for the tenant to be evicted. We not only feel that the housing law has clearly gone too far to protect bad tenants and robbed property owners their rights including personal safety, but are also deeply troubled by how uninformed property owners are on the complexity of the rent control ordinances.
The rent law needs to strike a balance to ensure members of the community can co-exist peacefully. City resources should also be made available to property owners’ groups to inform property owners about their rights, help ensure their safety and guide them through some court proceedings, just like the resources being made available to tenants. Please see how we can work together to restore trust and relationship in the community and let landlords and tenants be neighbors AND friends without living in fear.