Allies Protest as Tenant Hopes for Reprieve in Eviction (update)

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About 30 protesters gathered at 5 p.m. Wednesday on 22nd and Bartlett outside the office of “serial evictor” landlord Kaushik Dattani. The Anti-Eviction Mapping Project lists Dattani as one of the “Dirty Dozen” landlords known for flipping properties for profit.

The march happened on what would have been Patricia Kerman’s eviction day.

Kerman is one of the tenants who has been fighting eviction since she received notice last August at the Dattani-owned building at 20th and Folsom streets.

Kerman, a senior with disabilities has lived at the rent-controlled apartment for the last 27 years. Her roommate, Thom Rapp has lived there for the past 15 years. Along with the other tenants, they were given a notice of eviction in August of 2013 and, as required by the Ellis Act for seniors and those with disabilities, they had one year to leave.

Their time would have been up on Wednesday, however a pending legal case has delayed their eviction. Kerman and Rapp are the only tenants remaining in the nine-unit building. The rest took buyouts.

Dattani, Rapp said, has not taken the legal step that the pending legal case requires.

“We haven’t been served with an unlawful detainer; we are expecting it to come either today or tomorrow. We hope that he [Datanni] decides not to do it,” Rapp said.

Mr. Dattani declined to answer questions regarding the matter.

25 Comments

  1. Missy District

    What happened? Was she evicted? What does Loló Cevichería have to do with it?

    • kristen panti

      His CPA office is upstairs from the businesses at the street level. He is also their landlord.

  2. Runforthehills

    I miss the “Bad Neighbors” sign.

  3. Missy District

    This is the Patricia Kernan who harassed Schmidt’s Restaurant and refused to participate in Community Boards mediation. (All according to Rigoberto Hernandez’ reporting 4 years ago in Mission Local.)
    http://missionlocal.org/2010/06/schmidts-and-the-bad-neighbor-schnitzel

    • vecina

      So Kerman lived in two places at once??? She’s banking it!

    • ThePhineas624

      Have you been in Schmidts? It’s a deafening experience. I won’t eat there because you can’t hear whoever you are with; I’d hate to live above that. Dattani is a known slumlord who could care less about making living conditions improved…I’m siding with the tenant over the noisy gentrifying restaurant. (The protest was at the owners office not the tenants home…)

  4. Missy District

    @Andrea Valencia — your headline says, “Protest Happens as Tenant Gets Evicted Today.” The body of the story says, “The march happened as Patricia Kerman’s eviction date takes place today.”
    Did she get evicted? Did anyone else get evicted? Does Loló have anything to do with this?
    This is a very frustrating story for people who want to know what actually happened.

  5. kristen panti

    This is an appropriate comment. Patricia is fighting a no-fault eviction and August 27th was the day she and her roommate were supposed to move out. However, they are still fighting and now have more time. Hopefully the landlord (a mutli-millionaire who lives in Mill Valley while evicting poor people from their long term residences where they have been paying his mortgage for years) will rescind the eviction or it will be thrown out in court. Call him and suggest he “evict greed from his heart”.

    • Kevin Smith

      Call Kerman and suggest she stop trying to seize the property owned by Mr. Dattani. She is ingaging in SUPREME SELF SERVING GREED…Of course the truth means nothing to these zealots. Research has shown they ignore all facts that do not jive with their emotional delusions.

      • ThePhineas624

        Greed by paying off someone’s mortgage for thirty years? She’d own this building by now outright if she were an owner.

        Owners are just renting from banks, so get off your high horse. And Property “rights” are granted to you by that government you hate so much–the same one that slaughtered the natives so we could steal their land. We are all just slaves to the system if you haven’t figured that out yet.

  6. Sam

    I do not see anywhere here that this eviction is illegal, so on what credible basis is it being opposed? I see no merit in Kerman’s position.

  7. Missy District

    Thanks for correcting the headline and story. Can you tell us what actually happened? Saying she “had her eviction delayed” is not very informative. Did the landlord change his mind? Did the sheriff not show up? Did a court rule that she is allowed to stay? What happened to the other tenants in the building?

  8. vecina

    finally a protest that happens at the time the working people can attend!!!
    Anti eviction protests at 12pm, send a weird message!!!

  9. SFrentier

    She’s nothing but a skank.

  10. Sam

    This report is still very unclear. If Rapp and Kerman have not yet gotten a UD summons then there is no eviction at this point. Such a notice would have to be served and then the courts would process it after a 5-day notice period.

    The original article implied that the UD was done and dusted and that the tenants were awaiting the sheriff to show up, which does happen on Wednesdays but of course not if there has been no UD judgement.

    All that has really happened so far, it now seems, is that the Ellis notice period (1 year in this case) has expired and the next step is the UD notice service.

    Kerman/Rapp cannot win this case and have both declined a generous payout offer AND now face getting a bill for unpaid rent and potentially legal expenses as well. They looked a gift horse in the mouth and allowed it to turn to something that will probably cost them instead of rewarding them.

    You just cannot help some people. assuming a UD is served by the end of the month, they will be gone either next month or the month after.

    • Runforthehills

      Sam, do you know what could happen if Dattani lets them stay? Since they’re the only tenants in a 9 unit bldg, can he TIC the rest? Not sure that’s possible. I can’t imagine he’d cave when they are the only people left in the bldg.

      • Sam

        Interesting question. If the other tenants all left via a buyout then it would be highly desirable for the owner to pay these last two holdouts off and then cancel the Ellis eviction.

        That way he could re-rent the property at top dollar, if he wanted to.

        But to answer your question, yes, absolutely he could TIC the other units and leave this pair in place. There is no restriction on a building being a mix of owner-occupied TICs and tenants.

        And a 9-unit building would be impossible to condo convert anyway, even without Ellis.

        All that said, if he is committed to his Ellis having spent all that money already, a simple UD would have this pair out in 6 weeks or so, with little extra cost. I’d probably persist with it at this point, pour discourager les autres.

  11. Mike K

    She sounds and acts like a miserable person. Maybe she can move in with McElroy and they both can complain about people who are more successful than they are.

  12. bernal biker

    Ha! Just spoke with Patricia Kerman. Yesterday she WON against serial evictor landlord Kaushek Dattani. Through his lawyer, he issued her and roommate Tom Rapp an Unlawful Detainer, but yesterday lawyer Steve Collier of the Tenderloin Housing Clinic, got it thrown out! This means Dattani can’t throw her out unless he starts the Ellis process all over again, from the start. So she and Tom have won the battle if not the war. This comes after the win of Benito Santiago at 149-151 Duboce, He was also represented by TLC, but his victory wasn’t through a court fight, but seemingly a result of protest.
    Santiago of https://www.indybay.org/newsitems/2014/09/03/18761098.php

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