Landlord neglected the property and allowed tenants to live in illegal and unsafe units
SAN FRANCISCO (August 8, 2024) — City Attorney David Chiu announced today that he filed a lawsuit against the owner of a single-family home in the Bayview neighborhood for creating unsafe living conditions and endangering the health and safety of the tenants. The lawsuit was filed against property owner Rafael Garcia Sanchez, who profited off of renting illegal and unsafe units to tenants for years.
“In this situation, greed overpowered basic human decency at the expense of tenants,” said City Attorney Chiu. “Landlords are responsible for providing a safe and healthy place for tenants to live. But this property owner created conditions that are illegal, hazardous, and categorically deplorable. We are filing this lawsuit to bring accountability and cure the many health and safety issues at this property.”
Background
Dating back to 2014, multiple City departments have issued Notices of Violation (NOVs) for health, safety, and building infractions at 1465 Oakdale Avenue. The property is a single-family home authorized to contain one dwelling unit. Despite this, the owner collects rent from approximately fifteen tenants, twelve adults and three minors, who live in unauthorized rooms within his unit as well as four additional unauthorized units. The owner has collected between $800 and $2,000 each month renting out the unauthorized rooms and units, for a total rental income of approximately $9,300 per month.
City inspections at the property also revealed unapproved and hazardous electrical wiring, plumbing issues, lack of required smoke and carbon monoxide detectors, pest infestations and droppings, mold and mildew in the bedrooms and bathrooms, emergency egress obstruction, improperly installed appliances, lack of required light and ventilation, unpermitted kitchens and bathrooms, general dilapidation, and other code violations.
While the owner abated some of the numerous NOVs over the years, there are currently 13 outstanding citations for serious violations related to health and sanitation, unsafe conditions, and work without permits.
The City’s lawsuit alleges the defendants created a public nuisance and profited from collecting rent from tenants living in illegal and unsafe units. Additionally, the City asserts the owners violated state housing law, multiple municipal codes, and California’s Unfair Competition Law. The City is seeking penalties, fees, and injunctive relief to cure the violations at the property.
The case is City and County of San Francisco and the People of the State of California v. Rafael Garcia Sanchez, et al., San Francisco Superior Court. The complaint can be found here.
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