Court of Appeals Saves Tenant Activist’s Home

Incredibly, the landlord’s attorney argued that Jose had “called in political favors,” but the Court saw through such statements as hyperbole. Jose still faces an Ellis Act eviction, but yesterday’s court ruling was an encouraging step in the effort to save his home.

Morales is well known and highly respected in local activist circles as a bold advocate for seniors, the disabled and renters. In 2005, for example, Senior Action Network named him “Senior of the Year” for his impressive record on behalf of the community.

Whenever the tenant movement needs someone to walk a picket line, attend a rally or speak at a public hearing, Jose Morales is there. Since 1965, he has lived in his modest rent-controlled flat in the Mission District. And since 1993, he has been in a non-stop battle to save his home from an owner move-in eviction, a demolition attempt, and an Ellis Act eviction. Most tenants do not fight for the rights of others like Jose Morales, and it is ironic that he now has had to fight so hard to just save himself.

In 2002, Morales’ landlord applied for a permit to convert the downstairs flat into a parking garage, gut and expand Morales’ upstairs flat, and add an extra unit above Morales. The entire project was going to take five years, with Morales having to be displaced.

In yesterday’s ruling, the Court said that it could be reasonably concluded from the plans that “both the shape and size of the building would be significantly altered, and the principal portions of the building would be removed or destroyed.” Therefore, it was a de facto demolition – not an “alteration,” as the landlords had argued.

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