San Francisco Apartment Association
SFAA Magazine Archives

May 2003

SFAA News

May 2003

Summertime “Fast Track” CCRM Series

The “Fast Track” summer series of the property management courses for the California Certified Resident Manager begins Saturday, June 14, and runs through Saturday, July 19. For the first time, two CCRM courses will be offered in morning and afternoon sessions over five Saturdays. This
permits a prompt way to complete the entire nine-course series and final exam in half the time required for the evening series. The summer schedule is also convenient for those who are unable to take courses on weekday evenings. Please see the ad on page 31 for further information or check our Web site.

Housing Protections for Military Personnel

Now that the United States is participating in a military action, and over 250,000 US troops have been deployed to the Middle East, landlords should be aware of the special protection that men and women in uniform receive while serving their country. The Federal Soldiers’ and Sailors’ Civil Relief Act
mandates that the spouse, children or other dependents of a person (tenant) in military service cannot be evicted from any occupied residence with a monthly base rent that does not exceed $1,200 without getting special permission from the court. The Superior Court, therefore, has the
authority to stay any unlawful detainer proceeding for up to three months or make “such other order as may be just,” unless the court is of the opinion that the tenant’s ability to pay the rent is not materially affected by reason of military service.

A landlord who evicts a member of the military and/or the family is in violation of this act and subject to imprisonment up to one year and/or the imposition of heavy fines. California state law parallels this federal mandate with additional protections after September 11, 2001, that essentially offer military personnel temporary protection from the enforcement of civil liabilities, such as eviction proceedings. This law covers enlisted officers and members of the National Guard called into active duty or federal service and reservists of the United States military who have been on full-time active service or duty since September 11, 2001.

Evictions of service members and/or their families cannot occur until 30 days after release from active service or duty, except with the “leave of court” (special permission from the judge). Violation of this law subjects the landlord and anyone who assists in the eviction to a misdemeanor prosecution. The courts are allowed to either completely prevent an eviction or require a tenant’s family to make partial rent payments during the period of military service. The courts can also lift the stay and allow the eviction if there is a finding that the tenant’s ability to pay the rent is not adversely affected by military service.

The bottom line is that, regardless of your feelings about the war, the brave men and women who are fighting overseas are entitled to special protections from the eviction process. As you know fromrecent media coverage, many reservists called up for active duty are experiencing severe financial strains. Consequently, their families cannot be evicted in the normal summary way during this period of service. While the landlord may suffer from the hardship of either not receiving rent or only receiving partial rent from a military family, the unfortunate burdens of war are spread throughout many layers of society. If you have not received rent from a tenant who has been called to duty, please consult a qualified attorney to assist you before serving the standard Three-Day Notice to Pay Rent or Quit. Always make sure you investigate all your nonpayment actions to ensure that you are not evicting someone who has been called to duty.
– David Wasserman

SFAA Teams Up with Enterprise for High School Students

Do you remember your first job when you were a youth? Was it a positive and rewarding experience? Today, SFAA members and supporters can play an important role in developing their future workforce and, at the same time, help San Francisco youth make important educational and
career decisions. Enterprise provides San Francisco youth with positive, meaningful introductions into the work world through training, jobs, internships and volunteer opportunities. Enterprise services are citywide,
industry wide and year round.

Fees are not required for listing your part time, seasonal or temporary commercial or domestic opportunities. Also, the youth’s family’s economic situation is not a criterion for using Enterprise’s services. Enterprise has received a national award from the U. S. Department of Labor and the National Youth Employment Coalition. This PEPNET Award identifies Enterprise as one of the leading youth development/employment organizations in the country, recognizing the agency for its exemplary work with young people and honoring excellence in quality management and effective principles of youth development. Your participation could be a cost-effective decision for your business.

To learn about involvement opportunities, visit Enterprise’s Web site at ehss.org or contact Leonard Weingarten, Business Partnership Coordinator, at 415.896.0909 ext 304, or via email.

CAA Legislative Conference - May 20, 2003

SFAA members are encouraged to attend the California Apartment Association’s Legislative Conference in Sacramento this coming May. It is a great opportunity to meet with state legislators and discuss rent control and upcoming landlord-tenant legislation. Look for more details in next month’s magazine. A registration form can be found on the CAA Web site.