The ordinance requires property owners to replace any residential units they demolish and provides relocation assistance to affected tenants, especially those with lower incomes. It also establishes stricter conditions for demolition permits and enhances tenant protections against harassment and improper buyout agreements.
Ordinance amending the Planning Code to 1) require property owners seeking to demolish residential units to replace all units that are being demolished; 2) prohibit demolition permits for five years if a tenant vacated a unit in the building to be demolished due to harassment or under an improper buyout agreement, subject to certain conditions; 3) require relocation assistance to affected occupants of units being demolished and to former occupants of those units who vacated due to certain 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; 4) modify the Planning Code definition of demolition; 5) modify the conditional use criteria that apply to projects to demolish residential units; amending the Administrative Code to 6) 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; 7) update the standards and procedures for hearings related to tenant harassment; 8) require additional disclosures in buyout agreements; 9) require an additional disclosure in notice of intent to withdraw units under the Ellis Act; 10) making various non-substantive changes and clarifications; affirming the Planning Departmentβs determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1.
How it got here
The legislation originated from the need to enhance tenant protections in San Francisco, particularly in response to the Housing Crisis Act of 2019 (SB 330).
Supervisor Chen introduced the proposed ordinance to amend the Planning and Administrative Codes to strengthen tenant protections related to residential demolitions and renovations.
The Planning Department determined that the actions contemplated in the ordinance comply with the California Environmental Quality Act (CEQA).
The Planning Commission adopted findings that the actions contemplated in the ordinance are consistent with the Cityβs General Plan and eight priority policies.
The Land Use and Transportation Committee reviewed and amended the ordinance, expanding tenant protections and defining 'existing occupants' to include those displaced by the Ellis Act.
The Committee made additional amendments to the Planning Code definitions and conditional use criteria for demolitions.
The Committee finalized amendments to the ordinance, including prohibiting demolition permits for five years under certain conditions.
The Mayor approved the ordinance, finalizing the legislative process.
Reconstructed from attached documents & the official record