San Francisco Legislative Update for 2015: “Authorization of Dwelling Units Constructed Without a Permit in an Existing Building Zoned for Residential Use”

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Ordinance 43-14 became effective May 7, 2014. It allows an owner of a building with an illegal “in-law” unit (one built without a permit), which was built before January 1, 2013, to apply to the Building Department for a permit to legalize it.

The owner may not legalize the in law unit where they have evicted a tenant under section 37.9(a)(8) of the Rent Ordinance (“owner move-in” eviction) within five years or under any of the other non-fault eviction provisions within ten years (with an exception for capital improvement evictions if the tenant received an offer to re-rent and/or actually moved back in). The owner may not pass costs of conversion through to the tenant. And the new unit is not eligible for condo conversion.

Legislative language available here.

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