Ellis Protesters Succeed in “Bank Shaming”

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SocketSite reports that First Republic Bank will no longer knowingly finance “displacement mortgages“. The bank announced that their loan application will now question whether the prospective borrower plans to invoke the Ellis Act to terminate tenancies in the building.

This news follows a protest at the bank’s headquarters in San Francisco this afternoon, where supporters gathered around the remaining occupants of a Coleridge Street property that was withdrawn from the rental market earlier this year, to chastise the bank for writing loans for buildings – like the one on Coleridge Street – that have been Ellis’ed.

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SF Business Times Blames Bay Area Rent for Dip in VC Confidence

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The San Francisco Business Times attributes a dip in confidence of venture capitalists to Bay Area rental rates. Even with no shortage of funds from the current “herd of unicorns”, these high valuations relate to the cash required to pay high salary demands of employees who are paying record rents to live in the Bay Area (in addition to the soaring cost of commercial real estate for the companies themselves).

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SocketSite Picks on SF Gate for Sloppy Journalism (again)

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In a City where reporting on the cost of housing apparently amounts to sensationalism, SocketSite seems to be serving the role of the fifth estate to the Chronicle’s SFGate.com. Last time, SocketSite took exception to SF Gate’s methodology for estimating the median rental rate in the City.

This time, SocketSite imposes a tamer view on SF Gate’s pick for “insane flip”:

“Someone gets an award for investment of the year at 1150 Sacramento St., #202. Property records show the unit, a 2-bed, 2-bath co-op on Nob Hill, sold for $690K in June of 2014. It was listed, went pending, fell out, was relisted and then sold for $1.740M in May 2015. No need to do the math: we’ve done it for you. That’s an appreciation of $1,050,000 in one year. Check out pictures in the gallery above.”

SocketSite interpreted public records to mean that this one year “appreciation” from the previous “purchase” likely followed a straw-man transfer between family members, and that the increase in value actually took place over a couple of decades.

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Bay Area Housing So Expensive, Residents Living in Boxes

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Bloomberg Business reports on the apparently inevitable consequence of the Bay Area housing crisis – people living in boxes. While renting modified shipping containers for residential use is obviously illegal, the founder of Boxouse would rather “ask forgiveness than ask permission”. And perhaps this amounts to conventional wisdom in a sharing economy that often does more to “disrupt” the enforcement of regulations than create value through creative destruction.

Bloomberg notes that Boxouse’s “cargotopia” – currently operating from an undisclosed location – leases these modular homes for $1,000 per month. It also intimates some hypocrisy in enforcement: While officials have already chased Boxouse away from two previous locations, San Francisco is insisting on the continued unlawful, residential use of a commercial building at 1049 Market Street, over the protest of its owner, amounting to what Andrew Zacks of Zacks & Freedman refers to as holding the building “hostage”.

While the future of Boxouse is uncertain, shipping containers are at least a step up in comfort from tents.

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Pro-Tenant Law Leads to Ironic Rise in “Evictions”

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The San Francisco Chronicle is reporting on the ironic consequences of San Francisco’s recently debuted “Buy-Out Legislation“, which regulates the circumstances under which landlords can discuss “payment for possession” and bestows certain extra-contractual rights on tenants (like the right to rescind such an agreement for 45 days).

In March of 2015, San Francisco’s Ordinance 225-14 became effective. It prevents landlords from even discussing payments to tenants in exchange for their vacating a rent-controlled tenancy, unless the landlord first obtains a signed disclosure form (apprising tenants of their rights under the new legislation) and then files an affidavit with the Rent Board indicating compliance. (A challenge to the constitutionality of this regulation of commercial speech is currently underway.)

San Francisco certainly has an interest in regulating the landlord-tenant relationship. And, while only the pending constitutional challenge will determine if this particular regulation is lawful, the City is already seeing the effects at the Rent Board, which records data on fault-based and non-fault evictions.

While these regulations have a wide reach, the settlement of a pending unlawful detainer action is explicitly exempted from the definition of a “Buy-Out”. So, it should surprise no one that the number of fault-based evictions has increased in response, where a “notice to quit” can serve as an icebreaker, without putting these conversations under a magnifying glass.

The new law is having a similar effect on non-fault evictions. Generally, San Francisco makes it difficult to condo-convert. In an effort to discourage the conversion of rent-controlled rental housing stock to de-controlled condominiums, the City penalizes certain non-fault evictions designed to “clear out” rental units before the conversion. Where the Subdivision Code now imposes the same penalty on Buy-Outs, landlords no longer have a disincentive to simply invoke the owner move-in provision of the Rent Ordinance and recover possession with a non-fault eviction instead of paying the premium for possession without the dark mark on their use of the property afterward.

Zacks and Freedman’s Andrew Zacks told the Chronicle, “Before, when a landlord bought a tenant out, one of the things they were willing to pay for was confidentiality and privacy . . . A lot of my clients would prefer to negotiate, to sit down and work something out . . . But because of the legislation they just go ahead and file for eviction”.

With even Supervisor Scott Weiner’s reversal of support, the Buyout Legislation may be short-lived, whether overturned by the courts or undermined from within.

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Shaw at BeyondChron on Metcalf at SPUR

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BeyondChron’s Randy Shaw takes exception to the conclusion of a recent op-ed by Gabriel Metcalf, president of SPUR. Metcalf draws a straight line from the 1980s to the present in San Francisco, indicting the progressive agenda, grown in this liberal microcosm, for ironically urging housing policies against its own long term self interest. “As the city got more and more expensive, progressive housing policy shifted gradually to a sad, rearguard movement to protect the people already here from being displaced.”

Metcalf sets this against a backdrop of a strong regional economy, with one of the “most powerful engine[s] of job creation in the country” located next door. And for that reason, he urges “A regional solution, in which all cities do their part to accommodate regional population growth [which] would be far more effective than trying to solve our affordability problems inside the boundaries of a handful of cities.” These days, the shortcoming of housing supply manifests in ways like San Francisco missing its affordable housing needs allocation by a mile.

Shaw, a lifelong advocate of the San Francisco progressive agenda, acknowledges the thoughtfulness of Metcalf’s analysis, but largely tracks two California state laws before attributing the problem to the California association of realtors. In 1996, the California legislature enacted Costa-Hawkins in response to the spread of vacancy control (which, at the time, was enacted in five California cities). Costa-Hawkins was implemented as a compromise, exempting certain kinds of units entirely, and other kinds of units under certain circumstances.

Shaw argues that a regime of vacancy control (i.e., a world where Costa-Hawkins never existed) would have had a more positive impact on housing affordability than, for instance, the production of all proposed housing units from the 1980s to present. (And, while the absolute price of those units would indeed be lower, this does seem to gloss over the anguish of fighting over listings, in a manner perhaps akin to vying for affordable and below market rate housing.)

The second state law is the Ellis Act, which Shaw interprets as an eroding of the rent-controlled rental housing supply (particularly pernicious in neighborhoods like North Beach and the Castro where few affordable housing units are being built). However, unlike, e.g., condominium conversion or certain demolitions, the Ellis Act does not actually eliminate rent-controlled rental housing, functioning more like a five-year “reset button” on the rental rate.

That said, the Ellis Act and Costa-Hawkins certainly belong in any conversation about San Francisco’s housing crisis, where tenancies preserved at the lowest rents under the aegis of Costa-Hawkins essentially become targets for Ellis Act withdrawals. If rent-control reform is a necessary step toward mitigating the housing crisis, Ellis Act evictions will go down as the prices of long-term rent-controlled tenancies go up.

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First District Court of Appeals Highly Committed to Mosser Companies Opinion in T & A Drolapas & Sons, L.P. v. CCSF (Borjas)

While there are relatively few appellate decisions interpreting Costa-Hawkins and its application to local rent-control ordinances, this year has already seen a pair of cases that add a lot of specificity to rent increases on the children of rent-controlled original occupants who move away.

Recently, in Mosser Companies v. CCSF, Division Three of the First Appellate District held that the son of the original lessees on the lease was an “original occupant”, having moved in at the commencement of the tenancy with the consent of the landlord, even though he was not a party to the lease. Accordingly, when the parents moved out, and the son stayed behind, the court found that the decontrol provisions of Costa-Hawkins would not allow the establishment of a new rental rate while an “original occupant” was still in possession. In Drolapas v. CCSF, Division Four acknowledged and agreed with their colleagues’ Mosser opinion.

Continue reading “First District Court of Appeals Highly Committed to Mosser Companies Opinion in T & A Drolapas & Sons, L.P. v. CCSF (Borjas)”

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San Francisco Landlords Challenge “Campos II” Enhanced Relocation Payments for Ellis Act Withdrawals of Rental Property

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This week, San Francisco landlords, along with the Small Property Owners of San Francisco Institute, filed a Petition with the San Francisco Superior Court to challenge the propriety of San Francisco Ordinance 68-15 – requiring enhanced relocation payments to tenants where a landlord seeks to “go out of the rental business” under the Ellis Act.

The challenge alleges the same defects that found its predecessor (Ordinance 54-14) to be an unconstitutional “exaction” (a taking without just compensation) in Levin, et al. v. CCSF last year and preempted by the Ellis Act and retroactive in violation of due process in Jacoby, et al. v. CCSF earlier this year.

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