Issue:  Vol. 47 / No. 49 / 7 December 2017
 

Disabled couple with AIDS served with eviction notice

Two disabled San Francisco men living with AIDS appear to be on the verge of eviction. Edward Breyburg, the couple’s landlord for 19 years, told the Bay Area Reporter today that he’s wiling to evict David Ellenberg, 54, and Cuauhtemoc “Temo” Andrade, 52, over $200.

“They were good tenants,” Breyburg said. “I don’t have any problems” with them. He acknowledged they’d recently attempted to pay their rent, but “it was not full payment.” The couple’s rent has been approximately $1,800 a month. Breyburg wants them to pay just over $2,000.

The couple had previously expected an unlawful detainer notice, but Breyburg had appeared to be holding off after the B.A.R. reported on the situation earlier this month. Ellenberg had expressed optimism that Breyburg’s attorney, Daniel Bornstein, was working out a deal with his lawyer from AIDS Legal Referral Panel, Jamie Rush. The eviction note caught the couple by surprise.

“I was shocked, because I thought there was going to be a resolution,” Ellenbeg said. He’s said he wants to share his and Andrade’s situation publicly because even though they are low-income and living with AIDS, it appears their eviction is legal. They want others who may find themselves in a similar situation to be aware.

Breyburg answered a few of the B.A.R.’s questions but repeatedly referred queries to Bornstein and eventually hung up the phone. Calls to Bornstein and Rush late today (Friday, October 21) weren’t immediately returned.

Breyburg’s been trying to raise the rent for months, but the couple, who rely on Social Security Disability Insurance and Section 8 housing assistance, say they can’t afford the higher rate. Their 2-bedroom, 2-bathroom unit in the 300 block of Shotwell Street is not protected by San Francisco’s rent control laws.

Ellenberg said they received an unlawful detainer notice Thursday, October 20. He provided a copy to the B.A.R. The notice, dated Tuesday, October 18, says, “To respond, you must file the proper written documents with the court immediately or you may lose the case and be evicted.” Ellenberg said that he and Andrade had received assurances a deal would be reached, and he didn’t appear to know how they would respond to the notice.

The couple have been trying to find another place to live, and are wiling to move to a smaller apartment. But the units they’ve looked either can’t be covered by their Section 8 allowance, or won’t accept their poodle, Cooper.

— Seth Hemmelgarn, October 21, 2011 @ 6:27 pm PST
Filed under: Uncategorized


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