Squatters Removed From NoPa Apartment Building

Squatters Removed From NoPa Apartment BuildingPhoto: Nuala Sawyer / Hoodline
Nuala Sawyer
Published on September 29, 2014
From an outsider's point of view, the building at 1753 Fulton Street looked unoccupied, as it had the entire summer.

Having stood empty for over six months with many windows boarded up, its demise began to blend into the collection of empty storefronts on Fulton Street across from Lucky. Behind closed doors, however, the property and its six apartments served as a temporary month-long home for 16 individuals hoping to establish long-term squatters' rights. 

Once their presence was uncovered on Saturday, police took measures to evacuate the building, arresting one person for a previous and unrelated issue.

Described by the San Francisco Tenant's Union as  "finding some empty housing and moving yourself in without an agreement with the landlord," squatting is not an uncommon occurrence in our city. San Francisco is notorious for its large homeless population and scarce available housing, leading many to take matters into their own hands in order to get off the streets.

But San Francisco doesn't offer so-called "squatters' rights," and local laws and regulations make long-term squatting difficult — and potentially expensive. 

Traditional renters' rights come into play after 30 days of residing in a home, but it takes 5 years for squatters to earn any rights without taking steps in advance.  Called "adverse possession," this law can only be applied if a landlord has had some knowledge that squatters are residing in his or her property. Once adverse possession has been established, squatters are then required to pay taxes on the building and repair and maintain it. 

Since this is often beyond many people's budgets, the attempt to pursue adverse possession can sadly lead many people to lose their homes. And as an added punch to the gut, landlords are legally allowed to pay property taxes on the 364th day of the 5th year, potentially defeating the squatters' claims.

It seems that the group of 16 squatters at 1753 Fulton had long-term plans in mind, albeit uninformed ones. Squatter Norm Cleggs stated to ABC News that "the idea was to fix the place up, put things in our name and see how it went because this is what we understood to be the legal means of going about it."

With electricity and running water still available, the numbers of squatters quickly grew.  Interviewed by ABC, SFPD Sgt. Paul Weggen confessed, "I haven't seen anything this big, only because buildings this size are not left vacant for this long." The discovery lead to a forced eviction, making any long-term plans of claiming the building impossible. 

When we walked past the building this morning, former residents were carrying out couches and collecting the last of their belongings. The mood was undeniably somber, and when we asked one individual what the next steps were for the building, he shrugged. "I don't know. It's been empty since January. It's a damn shame. Now we have nowhere to go."

Although the landlord is not pressing charges, there still seems to be no plan to renovate or rent out 1753 Fulton. No building permits have been filed since some roof repairs in 2009. It's currently empty, and may stay that way for a while. And its 16 residents are once again without a home. 

Update: Eve Batey at SFist notes that the property was bought in late January, per Zillow, for around $2.6 million. Perhaps we'll see some new building permits soon?