Category Archives: SF Legislative Update

San Francisco Legislative Update for 2016: Enhancing Enforcement Provisions for “Airbnb Law” with New Obligations for Hosting Platforms


San Francisco will now require hosting platforms to verify that a residential unit is on the City registry prior to listing and to require them to respond to requests for information from the City.

Ordinance 104-16 represents another effort in the City’s ongoing “project” of striking a balance that allows short term listings without allowing abusive practices that siphon long-term residential housing stock. The Board of Supervisors specifically states that the intent of the ordinance is not to punish short-term rental hosts who are trying to lawfully comply with San Francisco’s short term rental laws, but rather to bring more short term rentals into compliance. It goes on to self-consciously note that the registration process has been difficult to navigate, directing the Office of Short-Term Rentals to make recommendations on how the City can improve the process. Perhaps the law will need to be revised again in the future, but that’s some customer service in the meantime.

You can read the full text of Ordinance 104-16 here.


San Francisco Legislative Update (2016): New Defense to Owner Move-In Evictions for Students and Educators


San Francisco has passed a much publicized amendment to the owner move-in provisions of the San Francisco Rent Ordinance to provide a defense for students and educators, in an effort to mitigate disruption during the school year.

The new language broadens the protection to include educators, as well as children, making it a defense to an eviction that a notice of termination of tenancy expires during a school year.

This defense now also extends to “educators” so long as the “tenant” with a family relationship to the educator has resided in the unit for 12 months. Presumably tenant attorneys will now expand their practice to include family law for last-minute marriages.

Ordinance 55-16 extends the defense to four other bases for non-fault evictions (including for demolition/removal of a unit, conducting capital improvement/ substantial rehabilitation work). This new exception does not apply when the landlord seeks to perform seismic work, under Building Code Chapter 34B, showing that the Board of Supervisors is aware some things are more important than the San Francisco housing crisis.

Finally, Ordinance 55-16 eliminates the former “trump card” where the landlord seeking to move in also has a child who will reside in the unit. Perhaps the move into a new home would also disrupt the studies of the landlord’s kid.

Despite some reports, this does not affect Ellis Act terminations.

You can read the full text of Ordinance 55-16 here.


SAN FRANCISCO LEGISLATIVE UPDATE (2016): Conditional Use Approval Required for Removal of Authorized and Unauthorized Units


San Francisco now requires conditional use approval (via hearing by the Planning Commission) for the removal of both authorized and “unauthorized” (i.e., unpermitted) residential units, under Section 317 of the Planning Code.

Ordinance 33-16, modifying Section 317 of the Planning Code, follows (and repeals) Ordinance 23-16, requiring conditional use authorization for removal of authorized and unauthorized units in the C-3 (Downtown Commercial) District.

If this description sounds an awful lot like a tenant’s use of a rental unit dictates its status as rent controlled housing, that might not be far off. (Seemingly, this would lead to the same result as in the 2014 appellate decision, Burien, LLC v. Wiley, notwithstanding a landlord’s innocence as to the illegal use.)

You can read the full text of Ordinance 23-16 here and Ordinance 33-16 here.


SAN FRANCISCO LEGISLATIVE UPDATE (2016): Katy Tang Tweaks Jane Kim Amendment


Last year’s “Jane Kim Amendment” to the Rent Ordinance almost immediately frustrated San Francisco property owners, who lamented the loss of “no subletting” provisions and occupancy limits in their rental units. It also frustrated some of their attorneys, who lost eviction lawsuits at the pleading stage for failing to attach the new required form to their termination notices.

This year’s Ordinance 17-16 makes some minor changes to the Rent Ordinance, including a change to the new Form 1007, which now includes information about the Mayor’s Office of Housing and Community Development regarding eligibility for affordable housing programs.

Having just become effective on March 19, 2016, it is not yet clear if tenants will be able to successfully demurrer to complaints with notices that used the old Form 1007… but some of these changes are starting to feel more like traps for practitioners than features of a comprehensive affordable housing plan.

In any event, make sure to use the newForm 1007, not the old one.

You can find the language of Ordinance 17-16 here, and the new Form 1007 here.


Jane Kim Amendment Thwarts Incomplete Unlawful Detainer Complaints


The San Francisco Housing Court has begun sustaining demurrers to unlawful detainer complaints that fail to allege compliance with the “dominant motive” requirement of the Section 37.9(c) of the Rent Ordinance and/or attach termination notices that do not include the Rent Board’s Form 1007, containing multi-language advice to tenants about the Rent Board.

These new requirements – imposed by the “Jane Kim Amendment” to the Rent Ordinance – have been catching some practitioners off guard (which, to some degree, may have been the point). While it is a simple enough task to amend the complaint to state that “collection of rent” (or whatever) is the landlord’s “dominant motive” (as is now required by the amended Section 37.9(c)), the missing Form 1007 is more problematic.

Section 1166 of the Code of Civil Procedure, requiring landlords to attach termination notices, does allow amendment of the complaint upon failure to attach a copy of the notice (or, unless leave to amend is futile, a complete copy of the notice). Unfortunately for landlords, Form 1007 must be attached to the notice, the service of which is a prerequisite to an unlawful detainer cause of action.

Following the recent Borsuk decision, Delta Motions To Quash no longer appear to be a viable pleading challenge to test the sufficiency of a cause of action for unlawful detainer. Nonetheless, this kind of defective pleading would seem to appear on the face of the unlawful detainer complaint, making it appropriate for demurrer. And, where a properly-served and legally sufficient notice of termination is a prerequisite for unlawful detainer standing, leave to amend is not likely to rescue the lawsuit.


San Francisco Legislative Update (Archives): Affordable Housing Priority


Chapter 47 of the San Francisco Administrative Code provides for affordable housing unit priority for various categories of tenants. Originally, the stock of affordable units was allocated to applicants who obtained “Certificates of Preference”.

In 2013, San Francisco enacted Ordinance 277-13, which added a category for tenants displaced by the Ellis Act. In 2015, the City enacted Ordinance 204-15, which included tenants displaced by owner move-in evictions under Section 37.9(a)(8) of the Rent Ordinance.

Currently, the Board of Supervisors is evaluating adding another category for people who live or work in San Francisco.


San Francisco Legislative Update (2015): The Jane Kim Amendment i.e., “Eviction Protections 2.0”


This September, the San Francisco Board of Supervisors passed Ordinance 171-15. Also known as the “Jane Kim Amendment” or “Eviction Protections 2.0”, the new legislation proposed by Supervisor Kim amends the San Francisco Rent Ordinance in an effort to heighten protections for tenants against evictions.

Among other mechanisms, the revised Rent Ordinance language now requires breaches of lease covenants to be “substantial” and for the commission of nuisance behavior to be “severe, continuing or recurring in nature” for an eviction notice to be viable. (It is yet to be seen whether these subjective terms actually change existing standards.) It significantly erodes the ability of landlords to enforce provisions governing occupancy limits and prior approval for subletting, and it imposes new “prerequisites” for serving eviction notices for such breaches. It also requires a landlord to “plead and prove” a proper “dominant motive” for terminating a tenancy.

As for non-fault evictions and voluntary terminations of tenancies, the Rent Ordinance now requires notices containing the existing rental rate to be filed with the Rent Board, and it imposes “vacancy control” at that rate for five years following termination of the tenancy.

Ordinance 171-15 was returned unsigned by the Mayor on October 9, 2015 and will be effective November 8, 2015.

You can find the legislative language of Ordinance 171-15 here, and a draft of the proposed Rent Board amendments to their Rules and Regulations to implement Ordinance 171-15 here.