Landlord faces charges over rent
D.A. to prosecute man who evicted ill tenant, raised price 300%
John Koopman, Chronicle Staff Writer
Tuesday, March 12, 2002
©2002 San Francisco ChronicleA San Francisco landlord could end up in jail for illegally raising the rent on a Marina District apartment by more than 300 percent, according to the district attorney's office.
Dan Strambi, a 33-year-old Foster City firefighter, turned himself in to authorities yesterday morning after the district attorney's office obtained a warrant for his arrest.
He was scheduled to be arraigned this morning on a misdemeanor charge of violating the city's rent control laws. If convicted, he could face six months in county jail, a fine of $2,000 or both.
At issue is a one-bedroom apartment, at 15 Rico Way, with parking space. Strambi evicted a woman, who was seriously ill with medical problems from a car accident, and re-rented her apartment, the district attorney's office said.
The rent went from $650 a month to $2,700.
"This whole thing is about pure greed," said former tenant Sandra Meadows, who now lives in Mill Valley. "He just wanted all of us out of there so he could make more money."
Strambi could not be reached for comment. His attorney, Steven Taxman, said he had not yet seen all the documents in the case, but said Strambi "believed he was in compliance with the law."
"This case is highly political," Taxman said. "Mr. Strambi is an upstanding gentleman and a firefighter. We're going to plead not guilty to all charges."
The situation began not long after Strambi bought the four-unit building in 1999. Ted Gullicksen of the San Francisco Tenants Union said Strambi had filed a notice that he would take the building off the rental market through an "Ellis Act," move and he notified the three tenants of his intentions.
Two tenants moved out. One had been there for more than 20 years, Gullicksen said. The other, Tessa Newsom, mother of Supervisor Gavin Newsom, also moved out but received a cash settlement from Strambi to do so.
That left Meadows. Gullicksen said Strambi had withdrawn the Ellis Act application and then evicted Meadows under an "owner move-in" provision, which allows landlords to evict tenants if they, or immediate family members, want to move in. Strambi said he wanted his sister to move into Meadows' apartment.
Meadows, who was suffering from a muscular and neurological disorder resulting from an automobile crash, received the eviction notice in April 1999,
a few weeks before she would have qualified for a moratorium on the eviction because of her illness.
Meadows moved out, and the sister moved in, Gullicksen said.
Meadows said she was lucky, because relatives and friends helped her with money to rent a place in Mill Valley, "otherwise, I would have been out on the street."
Gullicksen said Strambi's sister, meanwhile, had moved into a different unit of the building and Strambi rented Meadows' unit to another tenant for market rate, $2,700 a month.
But under provisions of the rent control law, Gullicksen said, landlords who evict under owner move-in must occupy the unit for three years. If for any reason they move out, or want to re-rent the unit within that three-year period, they must give right of first refusal to the evicted tenant.
And they must rent the unit for the original price.
As a result of the rent increase, Strambi collected more than $25,000 more than he was entitled to under the city's rent control ordinance.
In addition to seeking a jail sentence for Strambi, the district attorney's office said prosecutors would also seek restitution for the excessive rent paid by the new tenant.
"The vast majority of San Francisco landlords abide by the law," said District Attorney Terence Hallinan. "But I encourage tenants who question the legality of rent increases to contact the Rent Board or this office."
Meadows said she didn't want Strambi to suffer through court proceedings, but "if there are laws to protect people, then protect them."