by the El Reportero’s staff
José Morales walks toward his belonging after his eviction from his apartment at 572 San José Avenue. (photo by Edwin Lindo)
After more than a decade long struggle fighting eviction, José Morales, a 78-year-old senior living in his current home for more than 40 years, finally lost his apartment at 572 San José Avenue in San Francisco.
He won every administrative process in front of him, from the Planning Commission to the Board of Appeals to the California Superior Court to California Court of Appeals.
However, reports suggest that because of Morales’ resistance, the landlords filed an Ellis Act eviction against him in 2005, a law that allows landlords to take their property off the rental market, which many use them to sell the units as condos or tenancies-in-common for more profits.
The owners claimed they wanted 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.
But the San Francisco Superior Court ruled against Morales in September 2007, denying Morales his right to a jury trial to decide whether the landlords were complying with the letter of the law or if they were using the Ellis Act in retaliation for Morales fight against eviction. The judge ordered the eviction, while the California Courts of Appeals declined to hear Morales last appeal. However, Morales may still appeal the ruling to the California Supreme Court.
Friends help José Morales move his personal belongings out after being evicted.
Surrounded and helped by approximately 20 people, including members of different community organizations, including PODER, Morales moved box after box of personal belonging.
“We were all there when the Sheriff came,” said Edwin Lindo, an independent community activist who has been supporting Morales morally. “The sheriff said if he (Morales) couldn’t take everything out, he had a few more days to pick them up later.”
Most of his belonging stayed inside the house, and according to witnesses, the owner said he would put them in storage.
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. News services and Beyond Chron contributed to this report.
