Lily�s Diary

Toxic Mold Coming Your Way

by Lily

May 2
Oh boy. It doesn’t take binoculars to see the mildew legislation coming down the pike. Every few months the media find some new outrage to blame on landlords. Okay, there was gross negligence at that big complex in Bayview. I mean, how hard is it to figure out that wet walls might have leaky pipes behind them? But why can’t they simply penalize the guilty party instead of passing more laws making it harder for small property owners? If you ask me, it just gives tenants more ammunition at the Rent Board. In fact, attorneys say that in wrongful eviction suits, tenants frequently cite untreated mildew (soon to become “toxic mold”) as part of their case. My advice, keep on top of it. You know the remedies as well as I do. The key is not to let long periods of time go by without entering a unit to make an inspection. That should be a mantra for all rental property owners.

May 10
Yes, yes, I know already, the rental market has slipped. I’m tired of hearing about it. My cousin, Hollister, had a vacancy in her building on Corbett Avenue and only three people came to look at it. Is that strange, or what? Rents are reportedly between 8 and 22 percent lower than a year ago. The median price home in San Francisco is said to be around $550,000. My neighbor, Ellen (with that knowing look from her work at Schwab), says that the market will rise in the third quarter. How far real estate values will have fallen by then is anyone’s guess. Realtor friends are putting on a brave front but admit the fierce bidding wars are a thing of the past. Do you wish you had sold your building when you had the chance and got out from under the abomination of rent control? “And go where?” comes the voice in the back of my head.

May 12
As soon as Poppy (in Apt. 5) received an inheritance, she ousted her boyfriend (a loser, if I ever saw one) and started doing over her unit. I heartily approved. Ordinarily, I would have put on some restraints but she’s a designer and has great taste. She had professionals install wall sconces, built-in bookcases, and indirect lighting. She’s paying and I’m no fool. Now she wants to remove the linoleum in the kitchen and have the wood floors sanded and varnished since natural wood floors are preferred these days. She wants me to pay half the cost, and, in light of what she’s already spent, I’m more than happy to do so. Given the rent laws, however, I wondered how to handle the transaction legally. During the question period before last month’s SFAA meeting, one of the attorneys suggested a written agreement, separate from the rental agreement, specifically dealing with the floor payment. The tenant presents the bills and I reimburse her for one-half the cost. I think it will work.

May 20
Everybody knows it’s illegal for a landlord to pay a tenant to move. A few months ago, an article in the Chronicle cited tenant after tenant who had been “bought out” of their units by owners who figured they would lose a year’s rent (the typical amount of the buyout) and make it up in the long run. The article assumed it was legal, but it isn’t. Some attorneys say that if you have some existing grounds for eviction (see the Rent Board’s 14 “just cause” reasons), you might be successful in negotiating a move. My friend, Marge, whose tenant took the money and then came back and sued her for wrongful eviction, illustrates the downside of paying someone to move. (It’s a jungle out there.) Okay, you say that in the real world people are making deals all the time but, for obvious reasons, no one knows about it? Maybe. Be careful and get an attorney who knows what he or she is doing.

May 26
A pal of mine, who’s retired and has a new career attending public meetings, tells me that at the Department of Building Inspection there’s a citizen advisory committee redesigning the current lead restrictions on exterior painting to include interior painting as well. Since many of us small property owners do our own interior painting, this means we will have a lot to learn. Assuming a building was constructed before 1979, we’re going to have to post warnings, hand out pamphlets, cover everything with plastic. In short, we will use a variety of approved ways to contain all the sanding dust, then gather it up, and take it to a hazardous waste site. The most annoying part is that we will have to report to DBI every time we paint a room. This is no problem if you can afford to hire a painting contractor for the legal requirements are part of their job. For people like me, engaged in maintaining my own building, it’s just another loop to jump through for City Hall. Am I becoming a curmudgeon? Maybe.

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Lily’s Dairy is written by a long-time rental property owner who reserves the right to remain anonymous on the grounds that her tenants might gang up on her.. © Copyright 2001.