Uninhabitable rental units result in verdict for three separate plaintiffs. San Francisco County.

Facts and Background

• Facts and Background:

  Plaintiffs rented rooms from defendants out of a single family home in a residential neighborhood in San Francisco.

  Eventually, defendants were renting out rooms including the living room, dining room, and the converted garage and installed a second kitchen. The City of San Francisco cited the property for myriad code violations including lack of egress, lack of heat, etc., and ordered defendants to remove the second kitchen, restore the garage (defendants had already removed the dining room walls they installed for use as a rental). Defendants passed inspection with the City as to restoring the garage for car use and removing the second kitchen, then immediately re-installed the second kitchen and converted the garage back to a rental room. This was later detected and re-cited by City Inspector Danny Mak.

  Plaintiffs vacated after the Seguras filed an unlawful detainer (despite a pending Notice of Violations issued by the City), agreeing to reserve all claims.

• Plaintiff's Contentions:

  That defendants were operating a single-room occupany hotel (SRO). That at any given time there were 17 to 23 unrelated occupants living in the house, with no resident manager. The result was that the house could not be kept clean or safe, as some of the occupants and their guests roamed the hallways and there was alcohol and drug use often late into the night and morning hours.

  That there was garbage accumulation both inside and outside the premises, a roach infestation, no heat, and insufficient bathing and cooking facilities due to the overcrowding. That after plaintiffs complained to the City, and asserted their rights to withhold rent, defendant Luis Segura reacted by installing a video camera covering the kitchen and bathroom hallway areas, removing the stove burner knobs and oven racks, and by threatening Sumpalaj with physical injury.

  That defendants breached the implied warranty of habitability, covenant of quiet use and enjoyment, CC 1942.4, and SFRO 37.10B (a superset of tenant claims).

  During the trial the Court dismissed the CC 1942.4 claim based on the litigation privilege. Plaintiffs also contended that after plaintiffs complained to the City and asserted their rights to withhold rent, defendant Luis Segura cut the cable TV line and slashed Silvia Hurtado’s car tire.

  Plaintiff contended that each plaintiff should prevail as to San Francisco Rent Ordinance Section 37.10B, as well as breach of the warranty of habitability; and that the SFRO 37.10B amounts should be trebled per the Ordinance.

• Defendant's Contentions:

  That all three plaintiffs did not pay rent from October, 2011 through February, 2012. That the property was in the same condition when the plaintiffs moved in (2008 and 2010) as it was when they stopped paying rent and that they did not complain or notify defendants of any defective conditions until they called the Department of Building Inspection in September, 2011.

  That heat was provided at all times. That Mr. Sumpalaj's claims of threats and physical violence were inconsistent and untrue. That there was no evidence supporting claimed damages.

  That defendant was never cited for pests at the property, but when he noticed a roach in the garage he fumigated the entire property on August 3, 2011.

  Plaintiffs stopped paying their rent after September 2011, so Mr. Segura retained an attorney who did not participate in the trial.  Mr. Segura’s eviction attorney served plaintiffs with the proper Three-Day Notices to Pay Rent or Quit.  After plaintiffs did not pay the overdue rent, the eviction attorney filed an Unlawful Detainer Complaint.  The parties to the U.D. entered into a Settlement Agreement on January 17, 2012.  Plaintiffs agreed to vacate no later than March 4, 2012, and Mr. Segura kept their security deposits and security deposit interest.