It’s a rare local activist who hasn’t met Jose Morales, a fixture at rallies, hearings and protests surrounding progressive causes. Morales, a senior living in his current home for more than 40 years, recently won a long battle against his landlord’s attempt to evict him. Now, in apparent retaliation for Morales’ resistance, the landlords filed an Ellis Act eviction against him last Thursday. The owners claim they want to move into Morales’ unit, despite owning a currently empty unit in the same building. For many, Morales represents the soul of San Francisco, a long-time resident committed to making this city a better place. He’s vowed to fight the eviction with the same tenacity he’s fought for countless causes during his life, and it’s unlikely he’ll be fighting alone.
Morales’ battle began in 1993, when the owners of a two-unit building at 572 San Jose Avenue decided to move in to one of the units. At the time, San Francisco allowed landlords who moved into buildings with less than four units to evict any other tenants after six months of occupancy. Tenant activists put Prop. I on the ballot, eliminating this loophole. Morales worked constantly on the campaign for it, work that paid off when the measure passed in 1994.
The owners ended up not moving in as a result, calling in to question whether they planned to actually live in the unit, or just wanted to move in so they could evict Morales.
Since then, Morales has been fighting tirelessly for a number of progressive causes, ranging from battles to increase the amount of affordable housing in the city to fighting MUNI fare hikes. His work on issues affecting seniors and tenants in particular has won him widespread respect among community activists, and the Senior Action Network recently named Morales their Senior of the Year for 2005.
“Jose’s truly inspiring,” said long-time tenant activist Steven Schubert. “If there’s a hearing at City Hall, he’s there. If there’s an demonstration, he’s there. If there’s an election with a pro-tenant candidate, he’s there campaigning for them.I honestly don’t know how he does it. His energy astounds me.”
However, Morales faced another hurdle three years ago, when the owners of his building tried a new tactic to get Morales out of his home. They claimed they wanted to expand both units in his building, forcing Morales to move out for approximately five years while the renovations occurred.
Once again, the ploy seemed more about getting a dedicated activist out of his home than improving the site. Planning didn’t approve the application to renovate, ruling it would constitute an interior demolition. The owners disputed the ruling, but the Board of Appeals shot them down, as did the Superior Court when it heard the case. Morales and tenant activists following the issue declared victory, and it appeared the owners had no more plans for the building.
That changed last Thursday, when the owners filed for an Ellis Act eviction of Morales, claiming they plan on moving into his unit. The move seems like a strange one, as a vacant unit of similar size exists in the same building. In addition, 572 San Jose represents just one of numerous properties owned by those behind the attempted Ellis Act.
“Its awful,” said Morales upon hearing the news. “It’s unbelievable, it’s cruel, it’s an injustice. It shouldn’t happen to anyone, especially to us seniors.”
Morales’ attorney, Raquel Fox of the Tenderloin Housing Clinic, has already responded by requesting a year delay in the eviction due to the tenants’ age and length of residence. This request will almost assuredly be granted, meaning that the real fight will take place in the months leading up to the actual eviction.
The legal arguments against the eviction appear strong, as the owners of his building seem to be acting in retaliation to Morales’ activism and previous battles with them. In each step of the battle, Morales’ fights were made public and brought out allies in the tenants rights movements, both of which shamed his landlords and ultimately proved successfully in keeping them from cleaning out Morales’ unit and selling it off as a profit.
In addition, the owners have a variety of other places to move to, making their decision to move into a senior’s residence where he’s lived for almost half his life seem both cruel and unnecessary.
“This eviction attempt shows the landlord’s vendetta against a senior activist,” said Fox. “It’s retaliatory. They have lots of other properties, and it’s become personal with these guys.”
Morales, a long-time opponent of the Ellis Act, which has displaced hundreds of low-income, disabled and senior tenants from the homes over the past 10 years, has vowed to fight the eviction as hard as he can. Knowing Morales’ tenacity, its unlikely he and his allies will stop until every avenue has been exhausted. However, it’s truly sad that at the age of 76, Morales has been forced into yet another knock-down, drag-out war to protect his home.
Hopefully the recently convened Ellis Act Task Force can develop ways to protect people like Jose Morales from this sort event.
