San Francisco Expected To Pass Second Attempt at Enhanced Relocation Payments for Ellis Act Evictions

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The Board of Supervisor’s Land Use and Transportation Committee passed a revised version of last year’s “Campos Amendment” to the Ellis Act on a first reading last week. The Campos Amendment provided for enhanced relocation assistance payments based on the difference between rent controlled and market rental rates, for two years. First the federal district court in Levin v. CCSF and then the Superior Court in Jacoby v. CCSF found that payment metric unconstitutional, for lacking both an “essential nexus” with and a “rough proportionality” to a landlord’s act of withdrawing units from the rental market.

The proposed legislation responds directly to the criticisms laid out in these rulings. Its much less ambitious relocation payments are capped at $50,000.00 per unit, and the enhanced relocation payments are not required until a tenant returns a signed Declaration, stating that they will use the money for relocation costs. That said, the Declaration is now made a prerequisite to terminating tenancies under the Ellis Act, which may raise preemption concerns. And the enforcement mechanism contemplated by the proposed legislation requires a tenant to keep track of expenditures so that their former landlord can request and verify that they’ve used the money for housing, which may raise privacy concerns.

The proposed legislation is expected to pass on its second reading this Tuesday, before the Board of Supervisors sends it to the Mayor.

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San Francisco Lawmakers “Sharing” in the Task of Amending the New “Airbnb Law”

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Mayor Lee and Supervisor Farrell introduced an amendment to the new “Airbnb law” this week. Currently, an overloaded Planning Department has been charged with regulation of Airbnb (and other short term rental) listings. This comes on the heals of another amendment proposed by Supervisors Campos and Kim, and mere months after the original ordinance took effect.

The Lee/ Farrell amendment would create a new office, the Office of Short-Term Rental Administration and Enforcement, which, as the name suggests, would be able to focus more singularly on this type of housing use, which The Chronicle estimates to affect 5,000 homes in the City for Airbnb listings and another 1,200 for VRBO.

Meanwhile, Airbnb CEO Brian Chesky appeared on APM’s Marketplace this week and explained that Airbnb’s own studies show that Airbnb either has no impact or a de minimis impact on rental prices and that it is actually allowing people to stay in their homes… so no one has anything to worry about.

The amendment would also increase the limit for allowable listings to 120 days per year, up from 90 in the existing version.

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Rent Board Publishes Annual Report on Eviction Notices

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The San Francisco Rent Board recently prepared its Annual Report on Eviction Notices for the San Francisco Board of Supervisors, detailing the number of eviction notices filed with the Rent Board from March 1, 2014 to February 28, 2015, indexed by the “just cause” used by the landlord.

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The biggest change is a 117% increase in termination notices based on “illegal use of rental unit”. There was also a 48% drop in Ellis Act termination notices. Note: the San Francisco Rent Ordinance does not require landlords to file “non-payment of rent” notices with the Rent Board. While 145 notices were filed anyway, this is not believed to accurately reflect the number of notices for this period.

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Senator Leno Gets Second Vote on Second Attempt to Curtail Ellis Act Evictions in San Francisco

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Senator Mark Leno presented SB 364 to the Senate Housing Committee today – his second effort to impose “anti-speculator” restrictions on Ellis Act withdrawals in San Francisco. Busloads of San Franciscans, on both sides of the issue, headed to Sacramento to share their opinions. Ultimately, the 6-5 vote against SB 364 maintains the status quo in the City, pending reconsideration, where the housing committee will hold a second vote (so stay tuned).

Leno’s SB 364 would add provisions to the Ellis Act providing that, in order to invoke the Ellis Act to “go out of the rental business” an owner would need to own the property for “five continuous years or more”. It would also provide that an owner who even initiated an Ellis Act withdrawal for one building could not do so for a subsequently-acquired building for another ten years (forcing owners to really stand behind the statement, “I don’t want to be a landlord”).

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San Francisco Board of Supervisors Supports Senator Leno’s Ellis Act Restrictions

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San Francisco Board of Supervisors passes legislation supporting SB 364 – Senator Mark Leno’s second effort to impose restrictions to the use of the Ellis Act to withdraw residential rental property from the rental market. (Among other things, the law would require that a landlord first own the property for five years before seeking to “go out of business” as an “anti-speculation” measure.)

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Residential Rent and Eviction Control Resources