DCSIMG
 
Home > News > Press Releases > Yerba Buena Tenants Win Victory in the Courts

PRESS CONTACT
REBECCA FARMER
39 DRUMM STREET
SAN FRANCISCO
CA 94111
415.621.2493
Email

Yerba Buena Tenants Win Victory in the Courts

A San Francisco Jury Rejects Attempts by Landlords to Ban Overnight Guests

For Immediate Release: November 18, 1999

Share This!Share this on FacebookShare this on TwitterForward this to a friend
In what is being hailed as a victory for tenants in San Francisco, the jury in the case of Harrell v. Juan Avalle-Arce II et al, ruled in favor of one of the remaining tenants. The eviction cases against the two other tenants was thrown out by San Francisco Superior Court Judge James McBride during the trial. The tenants faced eviction because they violated a rule which categorically prohibited them from having overnight guests. Under the current rental agreement and house rules, all guests must leave the building by 10:00 p.m. and cannot return until 8:00 a.m. the next day.

"The jury - a cross section of San Franciscans - sent a clear message to the landlord that prohibiting overnight guests is unreasonable and cannot be enforced," said Kara Portnow, who represented the tenants on behalf of the Tenderloin Housing Clinic. "Implicit in the jury's verdicts is the recognition that the right to have overnight guests is fundamental to the meaning of the home and cannot be abrogated by a landlord's unreasonable visitor policy."

"The ACLU became involved in this case not only to preserve the housing of these tenants, but because we believe that under the state constitution, tenants have a fundamental right to privacy in their homes," said ACLU attorney Robert Kim. "That right does not change if they are poor or live in low-income housing."

The tenants live at Yerba Buena Commons, a 257-unit building, at 88 Perry Street in San Francisco.




Fall 2011

Download the Fall 2011 ACLU of Northern California Newsletter and read about our latest events and initiatives.
 
Full Newsletter...
Oakland Post
Read former ACLU-NC Executive Director Maya Harris’ column in The Post newspaper, an African-American weekly distributed throughout the San Francisco Bay Area.
Read More »

Life under surveillance pre-World War I to post-9/11. The famous and unsung tell their stories.

Tracked in America is an online documentary.
Visit the site »