Although the original Residential Rent Stabilization Ordinance specifically exempted from rent control all buildings with a certificate of occupancy issued after the ordinance took effect (June 13, 1979), recently elected Supervisor John Avalos is now proposing an amendment to the ordinance designed to bring these units under the just cause eviction provision of the Rent Control Ordinance. The proposal additionally extends the residential rental unit fee (currently $29.00 per apartment unit) to these units.

The Avalos amendments would be given effect by removing the following two provisions from the section of the Rent Ordinance that establishes exclusions from just cause eviction protections and payment of the residential rental unit fee:

• “Rental units located in a structure for which a certificate of occupancy was first issued after the effective date of this ordinance; and
  
• “Rental units otherwise subject to [the Rent Ordinance], to the extent such dwelling units are exempt from rent increase limitations under the Costa Hawkins Rental Housing Act.”

The Costa-Hawkins Act basically provides that: (1) housing constructed after 1995 must be exempt from local rent controls, (2) single-family homes and other units like condominiums that are separate from the title to any other dwelling units must be exempt from local rent controls, and (3) rental property owners must have the ability to establish their own rental rates when dwelling units change tenancy. So, the Avalos amendments will not bring post-1979 units under the ordinances price controls.

But the amendments, according to some, will impede an owner’s ability to move back into a condominium unit in a post-1979 project, a problem many owners never believed they would be facing.

The Avalos amendments will be the subject of a public hearing to be conducted by the Land Use and Economic Development Committee of the San Francisco Board of Supervisors on Monday, November 2 at 1 p.m. in Room 263 at City Hall.

If the amendments are to have any chance of being defeated, landlords, homeowners who rent out their in-laws, and other interested parties will need to deluge the members of the committee with telephone calls and e-mail messages opposing the amendments before the public hearing on Monday. In addition, a massive crowd will need to show up at City Hall on Monday to speak in opposition to the amendments at the public hearing.

District 3
David Chiu—Board President
(415) 554-7450
Fax: (415) 554-7454
David.Chiu@sfgov.org

District 10
Sophie Maxwell
(415) 554-7670
Fax: (415) 554-7674
Sophie.Maxwell@sfgov.org

District 1
Eric Mar
(415) 554-7410
Fax: (415) 554-7415
Eric.L.Mar@sfgov.org

Mayor Gavin Newsom
(415) 554-6141
Fax: (415) 554-6160
gavin.newsom@sfgov.org