Dear Investment Property Owners:
I hope you are all having a great summer.
There have been several changes to San Francisco Tenant ordinances as of late. Please take the time to read the below so you understand the changes and are able to comply.
Ellis Act Backlash:
The Supreme Court shut down the local 2015 ordinance requiring landlords to pay tenants evicted through the Ellis Act. The ordinance required landlords to pay evicted tenants the difference between their current rent and market rent for up to two years with a maximum of $50,000.
Presiding Justice Barbara Jones stated the policy was “a form of ransom which interferes and places undue burden on the landlords who simply seek to go out of the rental business.”
Owner Move-In Evictions:
The San Francisco Board of Supervisors passed stricter legislation pertaining to Owner Move-In evictions after many OMI evictions proved to be fraudulent.
Moving forward, landlords must sign a declaration under penalty of perjury that states their intention to move into the home within three months of the eviction and maintain residence there for at least three years. During that time, the landlords must submit annual proof of residency.
Owners who don’t file the paperwork will be fined $250 for a first offense and up to $1,000 for three or more offenses. Non-profits will have the right to sue landlords on behalf of tenants who feel they have been wrongfully evicted.
Fire-Safety Ordinance Update:
After hearing feedback from members about the confusing and complicated fire safety requirements that were passed in late 2016, SFAA staff met with Supervisor Tang to simplify the requirements.
Tang introduced legislation to amend the fire-safety regulations and it was passed through the Land Use Committee and will become law this summer. Please stay tuned for an announcement on what exactly has changed and what is still required.
If Lingsch Realty is working on getting your buildings to comply with the Fire-Safety Ordinance, we will start up work on the process once the law is formalized. If you would like help complying with the new ordinance and haven’t yet contacted Lingsch Realty, please do so at (415) 648-1516 or ndrees@lingschrealty.com.