Homes
Not Jails Pays Taxes,
Files
For Ownership of
715
Page Street Under
Adverse
Posession Law
What
Is Adverse Possession?
Back in 1988, Alice Jones, the then-owner
of 715-717 Page St., died. She left a will, but it never was executed by
her relatives, who all lived in Texas. The two unit apartment building
she had been living in soon became vacant and sat there for years.
In 1993, Homes Not Jails—which had just
been formed in November of 1992—found the building vacant and abandoned
and began moving in people who were homeless to live there.
For the next six years, a dozen HNJ squatters
lived there, some for just a year or so and others for three or four years.
One formerly-homeless couple had their first child while living there.
Another formerly-homeless family moved in with their two-year old daughter
and stayed for almost three years. These families and other single men
and women lived in Page Street for years and typically moved on to more
permanent housing after finding jobs. One, for example, became a firefighter
and another is now a UPS driver. Interestingly, when HNJ filed the court
papers claiming ownership and then had to track down some of the former
squatters people were tracked down at their morning workouts at Nautilus,
not at the soup lines.
Some people might think that if a group
of people who were homeless found an abandoned, tax-defaulted building
and then they began living there, fixed up the building and paid almost
$6,000 in back taxes on it that they would be lauded for their self-initiative
and their up-by-the-bootstraps effort to turn rundown and empty housing
into sorely-needed affordable housing.
And when told there's actually a state
law—adverse possession— which rewards people for utilizing vacant property
and returning it to the tax rolls by giving them ownership of the building,
most people would say, "they deserve it."
But this is San Francisco, where housing
exists—not to be lived in—but for real estate speculators' profits. And
where people who are homeless are to be arrested and jailed, not housed.
So when Homes Not jails filed court papers
to secure ownership of 715 Page Street after having squatted there for
almost six years and after paying all the property taxes for those years,
the city decided to fight them tooth and nail. First, it had all the squatters
arrested—when they proudly announced that they had paid all the taxes due
on the property and had filed the required paperwork at court and now owned
the property.
After arresting everyone in January—and
charging them with felony trespassing—the city then made sure that the
formerly-homeless people living there were made homeless again and padlocked
the building, devoting vast resources to make sure no one lived in the
home they had lived in for the past 5 years and the home they had paid
the taxes on.
Then—not satisfied by making housed people
homeless again—the city went to court to fight Homes Not Jails' claim of
ownership, apparently to make sure this building is never used again for
affordable housing. But in May, the city lost its first round when Judge
David Garcia ruled against a city motion to toss out HNJ's adverse possession
claim (the city had alleged that HNJ's tax payment was insufficient and
that HNJ did not have standing to file the suit).
But having lost the first round in court,
the city found itself in a bad position—fighting Homes Not Jails's claim
and fighting the deceased owner's relatives. Finding himself being questioned
by the media, Public Administrator Ricardo Hernandez threw in the towel
and ended any city opposition to Homes Not Jails's claim.
It's not over yet, though. Whether or not
Homes Not Jails will get the property at 715-717 Page Street via adverse
possession is now in the courts but with significantly less opposition
than there was a month or so ago. At this point, the opposition is one
of the deceased owner's relatives in Texas (who Hernandez gave all of his
and the city's responsibility and authority to).
So now it's matter for the courts. But
having had to first fight off the city, HNJ knows the fight remains as
political as it is legal. And the courts—which exist more to uphold property
rights than human rights—will be searching for eveyr loophole to avoid
awaring a San Francisco apartment building to a bunch of squatters. Even
squatters who cared for it, fixed it up and paid the taxes.