Feature
by Jeffery P. Woo
“Despise the enemy strategically, but take him seriously tactically”
-Mao Zedong, Chinese Premiere (1963)
If lawyers are seen as occupying a low rung in society these days, those lawyers who represent tenants are sometimes seen by San Francisco property owners as occupying depths only previously seen on the Undersea World of Jacques Cousteau. Whether or not this is a fair perception, it is one borne out of the ever-widening division between landlords and tenants that local politics and San Francisco’s Rent Ordinance have created.
Although this demonization of tenant attorneys is expected—as is the demonization of landlord attorneys by tenant advocates—this mind-set does a disservice to landlords in terms of their dealings with tenants and their attorneys. In what will likely be regarded as one of the most interesting monthly meetings ever held by the San Francisco Apartment Association, Vice President Dave Wasserman brought together a panel of three well-respected (and possibly feared) tenant attorneys who spoke before a packed audience and offered a bit of insight on this question. The panel consisted of attorneys J. Wallace Oman, Andrew Westley and Nancy Conway. Each attorney made a presentation and then answered questions from the audience.
J. Wallace Oman opened the presentation by acknowledging that there are “tenants from hell” and “bad landlords.” Oman explained that there is a difference in his mind between the property owner who has her life savings in a small rental property that she also occupies and a property owner who seeks to evict tenants and “flip” or sell off a property for profits, without taking into account the impact this action could have on tenants. He addressed the issue of whether it is fair that the burden for maintaining affordable housing rests on the backs of private landlords. He thoughtfully expressed that this may not be fair, but a means test was probably impractical. Oman opined that the federal Section 8 voucher program may not be the best model, but it may be the right path for fairness to landlords, while also protecting affordable housing for tenants in need.
Andrew Westley spoke next. Interestingly, Westley expressed that the focus of his practice is to seek resolutions to conflicts through mediation. He urged the audience to consider using the Community Board’s mediation service where he serves as a mediator. He expressed the need for landlords and tenants to avoid litigation wherever possible.
Last, Nancy Conway spoke about how her practice as a tenant attorney started when she became a hearing officer at the Rent Board early in its existence. There, she gained experience in landlord-tenant law, which she then carried into her own private practice. Conway explained that she no longer represents tenants in eviction proceedings. She only represents tenants in affirmative actions such as wrongful eviction or habitability lawsuits. She is quite choosy about her cases, accepting only those cases with clear liability and damages.
As a landlord attorney who regularly deals with tenant attorneys (I currently have three cases with J. Wallace Oman), what I find most interesting is the common experience each of us has with our clients, both landlords and tenants. In my experience, landlord clients can easily fall into a near depression when involved in tenant-litigation issues. They feel not only a sense of injustice but also they perceive the deck is stacked against them because the Rent Ordinance seems to favor the tenant. Landlords often express a belief that the tenant actually enjoys the process. However, comments from the panel indicate the contrary, for tenant clients often find the process of litigation emotionally draining as well.
If there was one overall message that I heard the panel express, it was that landlord-tenant conflicts, in most cases, could be avoided by maintaining a relationship of mutual respect. On the part of landlords, this includes respecting a tenant’s privacy and maintaining the property. While this advice is hard to argue against, respect is a two-way street. So what do you do with the “tenant from hell?” This panel had no sage advice there.
The common ground we did share proved interesting, yet I found our philosophical differences were notable as well. Oman acknowledged that under current law there is nothing unlawful about a property owner seeking to profit from the sale of her building, but he believes that the desire for such profits is immoral if it results in the tenant’s displacement. The panel also uniformly believed that the Rent Ordinance is still effective in achieving its stated goal: the preservation of affordable housing for elderly and low-income people. Clearly, the audience was not in agreement.
What appeared to be a bit a surprise to the tenant-attorney panel, was the diversity of SFAA’s membership. Perhaps the tenant attorneys expected to see only older white males with bags of money in their possession acting like Park Place owners in a Monopoly game. What they found were property owners of varying ages, cultures and economic stations.
For landlords involved in litigation with their tenants, perhaps one lesson worth learning is that such conflicts are a part of the business of being a landlord and that talented attorneys are out there, pursuing tenant rights. Although the emotional component of litigation is what is most pronounced for the litigants, we must remember that for lawyers who represent tenants, economics drives their participation and representation. I would bet that when J. Wallace Oman, Andrew Westley or Nancy Conway plays Monopoly, not one of them allows any other player who lands on their property to forego paying rent. Is that hypocrisy? It doesn’t matter. Hypocrisy or not, these lawyers will still be doing everything in their power to represent the rights of their tenant clients with every tool at their disposal. Instead of decrying the injustice of the Rent Ordinance or demonizing those who represent tenants, landlords are better served to put away those personal judgments and deal with the financial realities of the Rent Ordinance. Sometimes this requires you to spend substantial money on lawyers in order to evict tenants or defend yourself from tenant claims. Sometimes this means you must settle claims you believe are without merit or unfair. And sometimes you must go to trial. When these issues confront you, make a business decision, not an emotional one.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or the San Francisco Apartment Magazine. The information within this article is general in nature. Consult the advice of an attorney for any specific problem. Jeffery P. Woo is the principal of Woo & Associates. He can be reached at 415-705-6470 or woo@mypropertyrights.com. Copyright © 2005 by the San Francisco Apartment Magazine. All rights reserved.