Ordinance amending the Planning Code to 1) require property owners seeking to demolish residential units to replace all units that are being demolished; 2) require relocation assistance to affected occupants of those units and to former occupants who vacated due to harassment, improper buyout agreements, owner move-ins, pursuant to the Ellis Act, or due to serious and imminent hazards, with additional assistance and protections for lower-income tenants; 3) modify the Planning Code definition of demolition; 4) modify the conditional use criteria that apply to projects to demolish residential units; amending the Administrative Code to 5) require landlords to provide additional relocation assistance to lower-income tenants who are being required to vacate temporarily due to capital improvements or rehabilitation work; 6) update the standards and procedures for hearings related to tenant harassment; 7) require additional disclosures in buyout agreements; 8) require an additional disclosure in notice of intent to withdraw units under the Ellis Act; 9) making various non-substantive change
Summary
This ordinance, File No. 251210, introduced by Supervisor Chyanne Chen and co-sponsored by Supervisors Fielder, Walton, Chan, Dorsey, Sauter, Sherrill, Melgar, Mahmood, and Mandelman, significantly amends San Francisco's Planning and Administrative Codes to strengthen tenant protections related to residential demolitions and renovations. It builds upon and expands the California Housing Crisis Act (SB 330).
Demolition Requirements: Property owners seeking to demolish residential units must replace all units being demolished with "Comparable Units." A "Comparable Unit" is defined as having the same number of bedrooms and full bathrooms, and at least 90% of the original unit's square footage. Accessible units must be replaced with accessible comparable units.
Definition of Demolition: The Planning Code's more expansive definition of "Residential Demolition," which includes major alterations "tantamount to demolition," will be explicitly used for all state laws. This definition has been refined to use square footage measurements instead of lineal feet for clarity.
Conditional Use Criteria: Projects involving the demolition or construction of two or more residential units will be reviewed against 8 objective criteria, and must meet at least 70% of them for approval. Additionally, compliance with notice requirements, a relocation plan, and a history free of tenant harassment findings or non-compliant buyout agreements become requirements for demolition approval.
Tenant Protections: The definition of "Existing Occupant" is expanded to include tenants displaced within the last 5 years due to harassment, non-compliant buyout agreements, Ellis Act evictions, serious/imminent hazards, or within 3 years due to owner move-in evictions. Lower-income tenants receive enhanced relocation assistance for up to 39 months and a right of first refusal for comparable units at their prior rental rate or an affordable rent, whichever is lower.
Enforcement: Tenant protections are tied directly to the permitting process, requiring a compliant relocation plan for application acceptance, compliant relocation benefits for demolition permit issuance, and documented right of first refusal for certificate of occupancy issuance. A 36-month prohibition on demolition applies after owner move-in evictions or adjudicated tenant harassment, unless a serious hazard exists. Project sponsors are required to contract with a relocation specialist.
Private Right of Action: Aggrieved tenants or non-profit organizations can file civil actions for violations, with potential for compensatory damages, civil penalties up to $10,000 per violation (treble for willful violations, additional $5,000 for elderly/disabled tenants), and attorney's fees.
Relocation for Capital Improvements: Lower-income tenants temporarily displaced for capital improvements for more than three months will receive additional monthly relocation assistance for up to 39 months. This payment is the difference between their prior rent/interim housing cost and the San Francisco Housing Authority Payment Standard.
Tenant Harassment: The Rent Board's procedures for hearings on tenant harassment claims are updated, allowing findings to preserve tenant rights for Planning Code purposes.
Buyout Agreements: Landlords must provide additional disclosures in buyout agreements, informing tenants of potential impacts on their eligibility for relocation assistance and benefits under the new ordinance.
Ellis Act Disclosures: Landlords withdrawing units under the Ellis Act must disclose if they intend to demolish the units within the next 5 years.
This ordinance is effective 30 days after enactment. The Planning Department is required to submit a report analyzing its impacts by December 31, 2028.
This ordinance provides significantly stronger protections for San Francisco tenants, particularly those with lower incomes, against displacement due to demolition or major renovations. Residents facing potential eviction will have expanded rights to relocation assistance, the right to return to a comparable unit, and clearer notification throughout development processes. It also aims to prevent predatory practices by landlords through stricter rules on harassment and buyout agreements, with increased penalties for non-compliance.
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