San Francisco City Attorney Dennis Herrera Sides With Tenants During Foreclosure Crisis.

Here’s the Message of the Year for tenants living in San Francisco – if your landlord defaults on his or her mortgage or fails to pay the utilities during these difficult times, it doesn’t necessarily follow that you will have to move out of your residence. City Attorney Dennis Herrera just created a big memo going over all the details, but if you’ve got a problem you shouldn’t worry about that – you should get help, possibly for free.

“Though the legal advice was issued as a published, public interest memorandum, Herrera urged tenants facing possible adverse consequences of property foreclosures to consult with private legal counsel or appropriate community organizations for information relating to their particular circumstances.  Resources that may be available to tenants dealing with these matters include the following:

* The Bar Association of San Francisco’s Lawyer Referral and Information
Service

Online: http://www.sfbar.org/lawyerreferrals/
Phone: (415) 989-1616

* The San Francisco Tenants Union
Online: http://www.sftu.org/
Phone: (415) 282-6622

* Housing Rights Committee of San Francisco
Online: http://www.hrcsf.org/
Phone: (415) 703-8634

* Comite De Vivienda (St. Peter’s Housing Committee)
Online: http://www.comitedevivienda.org/
Phone: (415) 487.9203

* Asian Law Caucus
Online: http://www.asianlawcaucus.org/
Phone: (415) 896-1701

* AIDS Housing Alliance
Online: http://www.ahasf.org/
Phone: (415) 552-3242

San Francisco’s happy warrior, keeping busy in 2009:

Here are the full deets.

Herrera Asserts Rights of S.F. Tenants During Foreclosure Crisis

Legal Memorandum Outlines Rights of Tenants to Stay in Rentals, Receive Utility Service When Property Owners Face Foreclosure
SAN FRANCISCO (Jan. 16, 2009) — City Attorney Dennis Herrera today issued a public memorandum detailing the rights of tenants in San Francisco under state and local law to remain in their rental units and continue to receive utility service when residential property owning landlords face foreclosure by creditors or delinquency on utility bills.

“It’s vitally important for tenants to know their rights and understand how to protect themselves from losing their homes if a landlord defaults on a mortgage or utility service,” Herrera said.  “Though San Francisco has been lucky so far to avoid the widespread crisis we’ve seen in other cities, foreclosures here are still on the rise.  State and local law affords tough protections for most tenants, and prudence dictates knowing your rights and the availability of legal and community resources in the event they’re needed.”

Herrera’s 11-page memo, which was issued to Acting Director of the Department of Building Inspection Vivian Day, PUC General Manager Ed Harrington and Director of Public Health Dr. Mitch Katz, holds that the San Francisco Rent Control Ordinance protects tenants in rent controlled units from evictions as a result of foreclosure on the deed of trust or mortgage of the building.

The memo confirms that existing policies of the San Francisco Public Utilities Commission shield all City tenants from termination of water and wastewater services when property owners become delinquent on payments, and identifies provisions of state and local law to compel such privately-owned utilities as PG&E to continue gas and electric service when a public health or building officer certifies its necessity to protect life, health or safety.  State and local law additionally provide for penalties for violations by private utilities of up to $1,000 per day, and recovery of attorneys’ fees for prevailing litigants.

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2 Responses to “San Francisco City Attorney Dennis Herrera Sides With Tenants During Foreclosure Crisis.”

  1. Alexei says:

    Here’s a thought: supposing you’re facing foreclosure. You sign a contract with your cousin, renting him your house for $250 per month, with very lenient terms. When the bank forecloses on you, is it obligated to continue the arrangement, even to the point of paying for utilities? It would seem so.

  2. Obama Foreclosure says:

    Good post! Found it doing a quick blog search about foreclosure info. Subscribed! Mark