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'No way of enforcing’ Airbnb law from S.F. Planning Dept.

'No way of enforcing’ Airbnb law from S.F. Planning Dept. | Legislation + Eviction Law News | Scoop.it
San Francisco’s highly touted Airbnb law — aimed at regulating short-term tourist rentals in private homes and apartments — is unworkable, according to the city department charged with enforcing it. The basic problem, according to a Planning Department memo recently presented at a Board of Supervisors committee meeting, is that “hosting platforms” like Airbnb aren’t required to supply the city with the names of those renting out their homes. Booking data from the online services, so the depart
Bornstein & Bornstein + Bay Property Group's insight:

But the fear of a renewed ballot fight by housing advocates — one that might influence the 2015 city elections — has the supervisors trying to work out a second deal.

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Learn More About 315% Rent Hike in Bernal Heights SF

Learn More About 315% Rent Hike in Bernal Heights SF | Legislation + Eviction Law News | Scoop.it
Ever since news broke of the stunning 315 percent rent increase Deb Follingstad faces at her Bernal Heights apartment, the Internet has been obsessed with Follingstad's conflict with landlord Nadia...
Bornstein & Bornstein + Bay Property Group's insight:

Ever since news broke of the stunning 315% percent rent increase Deb Follingstad faces at her Bernal Heights apartment, the Internet has been obsessed with Follingstad's conflict with landlord Nadia Lama

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Mission Tenants Avoid Eviction and Gain a Long-Term Home

Mission Tenants Avoid Eviction and Gain a Long-Term Home | Legislation + Eviction Law News | Scoop.it
An affordable-housing land trust acquires 23rd Street building and helps residents turn it into a co-op.
Bornstein & Bornstein + Bay Property Group's insight:

Learn how these Mission tenants avoided an Ellis Act Eviction in SF 

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One Fire in a Real Estate Empire Rife with Issues

One Fire in a Real Estate Empire Rife with Issues | Legislation + Eviction Law News | Scoop.it
Disclosure: Mission Local was a tenant of the landlord this story investigates for a year and half prior to January’s four-alarm fire. By most accounts, Hawk Lou was a fairly benign presence in the large mixed-use building he owned at 22nd and Mission—a building, that caught fire more than two weeks ago, leaving one tenant dead, one severely burned, and more than 65 homeless. If not always entirely responsive to tenant complaints, he was frequently on site. To us, he seemed like a mostly nice g
Bornstein & Bornstein + Bay Property Group's insight:

“It’s a complaint based system,” said William Strawn, a spokesperson for the Department of Building Inspection.

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Breaking News: Judge tosses challenge to SF 'Airbnb law’ but future suits likely

Breaking News: Judge tosses challenge to SF 'Airbnb law’ but future suits likely | Legislation + Eviction Law News | Scoop.it
Just days before San Francisco’s “Airbnb law” is scheduled to take effect, a federal judge on Wednesday dismissed a challenge to the law from rival vacation-rental firm HomeAway but left the door open for HomeAway customers to file their own lawsuit.
Bornstein & Bornstein + Bay Property Group's insight:

“It is now up to individual, nonresident property owners to fight for their right to rent,”

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Airbnb hosts must appear in person to comply with new SF law

Airbnb hosts must appear in person to comply with new SF law | Legislation + Eviction Law News | Scoop.it
San Francisco’s new law regulating Airbnb will require hosts who use the vacation rental service to register with the Planning Department in the least tech-enabled way — in person. The law, which takes effect Feb. 1, sets limits on people renting space to temporary visitors for less than 30 days, a practice that the city long barred but lightly enforced. Hosts must fill out an application; show a business registration certificate issued by the San Francisco treasurer and tax collector; sign an
Bornstein & Bornstein + Bay Property Group's insight:

"The law, which takes effect Feb. 1, sets limits on people renting space to temporary visitors for less than 30 days, a practice that the city long barred but lightly enforced."

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SF Anti-Speculation Tax may Pass in 2015!

SF Anti-Speculation Tax may Pass in 2015! | Legislation + Eviction Law News | Scoop.it
Readers will recall that after a massive campaign of opposition by real estate interests, including the San Francisco Apartment Association, San Francisco voters last month rejected a ballot measure that would have imposed an additional transfer tax on the sale of existing residential properties of 2 units to 30 units within 5 years of purchase. In the case of a property held for less than a year, the additional transfer surcharge would have been as high as 24% of the value of the property. In the case of a property held longer, the additional transfer surcharge would have resulted in lower percentages.
Supervisor Mar’s proposal was designed to discourage the kind of investors that he and tenant activists believe are driving the increased number of evictions in San Francisco by flipping rental properties or by turning them into condominiums or tenancies in common.
Bornstein & Bornstein + Bay Property Group's insight:

Senator Mark Leno almost succeeded in passing a bill (SB 1439) which would have allowed San Francisco to require that landlords hold a rental property for five years before taking it off the rental market.

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6 Renting Laws You Need to Know!

6 Renting Laws You Need to Know! | Legislation + Eviction Law News | Scoop.it

There are two classes of renters in San Francisco: those who are protected by Rent Ordinance of 1979 and those who are not. Most renters in buildings predating June 1979 enjoy safeguards from enormous rent hikes and baseless evictions. It's a frustratingly arbitrary system (unless you rent in a pre-1979 building, and then it simply becomes the Way of the Universe). Several of the tips below apply only to apartments that are covered by the Rent Ordinance and, strangely, even to illegal units. In a bizarre twist of red tape, you can sometimes be better protected living in an illegal unit than in a market-rate one built after 1979. With the help of our friends at theSan Francisco Tenants Union, we identified six rights you may not even know you have.

Before we launch into the legal stuff, let's get a few things out of the way. The magic number in the rental ordinance is June 13, 1979. If your building was issued a certificate of occupancy before this date, congratulations, you're protected by the ordinance (with a few exceptions too minute to go into here). If the paperwork was issued after June 13, 1979, our condolences. You don't have rent control, and you can be evicted for almost any reason—because the building's on the market, because it's Tuesday, because the landlord just had a really disappointing burrito. Your friends with Rent Ordinance protection, however, can be evicted only for just cause, which is limited to these 16 scenarios.

And now, without further ado, the dirt you came here for:

1. If your unit is illegal—if your landlord created it without permits—tenant law can still apply. In most cases, you're protected by the Rent Ordinance, even if the unit was created after 1979. That's because illegal units by definition lack a certificate of occupancy. Without a certificate of occupancy, landlords have no way to claim that the unit was created after 1979 and is thus exempt from the Rent Ordinance. You also enjoy eviction protections as any renter covered by the Rent Ordinance would.

2. Even while your landlord is hanging on to your deposit,

Bornstein & Bornstein + Bay Property Group's insight:

"The magic number in the rental ordinance is June 13, 1979. If your building was issued a certificate of occupancy before this date, congratulations, you're protected by the ordinance..."

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Real Estate Lawyer On San Francisco's Housing Crisis

The dizzying cost of rent and the spike in no-fault evictions is the talk of the town in San Francisco. Real-estate lawyer Daniel Bornstein specializes in helping landlords evict tenants. AJ+ asks him why there's a housing crisis and who's to blame.

Download the AJ+ app at http://www.ajplus.net/

Subscribe for more videos: http://www.youtube.com/channel/UCV3Nm...

Bornstein & Bornstein + Bay Property Group's insight:

Watch Daniel Bornstein's insights on the San Francisco Housing Crisis and how it relates to the typewriter's demise. 

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Former tenants sue after SRO housing made into group apartments

Former tenants sue after SRO housing made into group apartments | Legislation + Eviction Law News | Scoop.it
Like other tenants that a fire displaced from a single-room-occupancy hotel on Folsom Street, Patricia Kirkbride, under the San Francisco rent-control ordinance was entitled to...
Bornstein & Bornstein + Bay Property Group's insight:

Tenants are suing owners and management companies for eviction displacement in SF. If you are being sued or fear you may be, please contact us for assistance!  

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HomeAway lawsuit alleges Airbnb law unconstitutional and discriminatory

HomeAway lawsuit alleges Airbnb law unconstitutional and discriminatory | Legislation + Eviction Law News | Scoop.it
San Francisco's drama surrounding a law legalizing short-term rentals only increased Monday when one lodging company filed a federal lawsuit to block it from going...
Bornstein & Bornstein + Bay Property Group's insight:

"It is shocking the Supervisors passed a law that, in our opinion, stifles opportunity in such a discriminatory manner," Carl Shepherd, co-founder of HomeAway, 

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Rents are soaring, so are evictions!

Rents are soaring, so are evictions! | Legislation + Eviction Law News | Scoop.it

In cities across the United States, millions of people will be kicked out of their homes this year. Some can't afford their soaring rent, others are getting evicted over minor violations by landlords eager to get higher paying tenants in place. 

Rents have risen 7% in the past year, while incomes have inched just 1.8% higher -- making it that much harder for people to afford their housing payments. In fact, the average renter now spends 30% of their income on rent, up from a longtime average of about 25%, according to Zillow.

One big emergency or unexpected expense and it can mean a missed payment -- and an eviction notice.

The Neighborhood Law Clinic at the University of Wisconsin Law School estimates that several million families a year face evictions nationwide. In Milwaukee County alone, eviction notices were up by about 10% in 2013. Statewide, they've risen 10 years straight to about 28,000 a year.

Related: 10 hottest housing markets for 2014

In Georgia, there was one eviction notice filed for every five rental households, more than 200,000 total filings last year. Many cases involved renters who were unable to keep up with rent increases.

Most evictions from Baltimore's public housing are for just causes like failing to pay rent, hoarding and noise complaints, said Shawn Boehringer, chief counsel at Maryland Legal Aid. But other evictions are occurring as some subsidized, low-income buildings are being converted into middle-income or luxury housing.

For the displaced, it can be a long road back. Once renters are out, most landlords don't want them. They often wind up in substandard housing with leaky roofs, broken windows, rodent infestations and no heat, said Boehringer. "It's a tremendous hardship for them."

Even for the solidly middle class, evictions can force families out of familiar neighborhoods and make it harder to rent new homes.

Bornstein & Bornstein + Bay Property Group's insight:

As the San Francisco economy picks up speed related to new tech jobs, more people are being displaced and out-priced. 

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SF’s new law requiring landlords to pay for evictions struck down

SF’s new law requiring landlords to pay for evictions struck down | Legislation + Eviction Law News | Scoop.it
In a victory for property owners, a federal judge on Tuesday struck down a San Francisco law that substantially increased the relocation fees landlords must pay the tenants they evict when they go out of the rental business. The law, which took effect in June, requires property owners to pay displaced tenants the difference for two years between the current rent and the amount needed to rent a comparable unit in the city at market rates â€" more than $100,000 in most cases. A property owner d
Bornstein & Bornstein + Bay Property Group's insight:

BREAKING NEWS: "A victory for property owners, a federal judge on Tuesday struck down a San Francisco law that substantially increased the relocation fees landlords must pay the tenants they evict when they go out of the rental business." 

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2 supervisors want to tighten 'Airbnb law’ on short-term rentals

2 supervisors want to tighten 'Airbnb law’ on short-term rentals | Legislation + Eviction Law News | Scoop.it
The proposed law is part of the back-and-forth between city officials and the popular vacation rental company. Progressive politicians say short-term rentals contribute to the city’s housing crisis by taking off the market units that would otherwise be available for rent. Fans of the company say the problem is with an overpriced hotel industry and that city residents should be able to rent out their rooms or apartments as they want. “We are talking about thousands of units in a market that is
Bornstein & Bornstein + Bay Property Group's insight:

"We are talking about thousands of units in a market that is lacking affordability,” said Campos, who represents the Mission District, where the housing crisis is particularly acute.

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Longtime Rent-Control Tenant Shocked to Discover $6,700 Rent Hike Is Totally Legal

Longtime Rent-Control Tenant Shocked to Discover $6,700 Rent Hike Is Totally Legal | Legislation + Eviction Law News | Scoop.it
On March 1, Deb Follingstad and her boyfriend were living in a rent-controlled apartment in Bernal Heights, paying $2,145 for a two-bedroom above what had once been a gas...
Bornstein & Bornstein + Bay Property Group's insight:

"Thanks to a workaround that gives landlords a way to free themselves of tenants without making the relocation payments required under the Ellis Act."

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The "Anti-Tech Backlash" is over, now let's talk San Francisco housing

The "Anti-Tech Backlash" is over, now let's talk San Francisco housing | Legislation + Eviction Law News | Scoop.it

These actions were not primarily “symbolic,” as was widely reported. Rather than protesting the success of the tech industry, McElroy and her co-organizers were protesting the unlicensed use of public infrastructure with the tacit approval of the city’s political leadership, and the impact this novel private transit solution has had in exacerbating the city’s housing problems.

Former and long-time San Francisco Bay Guardian Editor Tim Redmond was on hand at Don’t Be Awful as well. He provided historical perspective to the city’s housing crisis and discussed a proposed code of ethics for newly arrived tech industry workers.

Redmond, too, finds himself at the helm of a tech startup of sorts. He left the Bay Guardian in 2012 when it was purchased by the deceptively-named San Francisco Media Company, and has since launched a startup online news site from his basement. His site, 48 Hills, is his answer to San Franciso’s lack of a progressive, independent daily paper in the wake of the Guardian’s demise.

In recent weeks, a survey conducted by the San Francisco Mayor’s Office, and a slew of follow-onarticles, have declared the end of “the anti-tech backlash”. Which is great.

Now city reporters can stop chasing an ephemeral “anti-tech” bloc and get to work reporting the sometimes negative consequences of this boomwave without reverting to a broader narrative of entrenched conflict, class warfare, and caricature.

Meanwhile, tech workers can abandon a reflexive, defensive posture and join the discussion without feeling preemptively vilified, and anyone can inveigh against an aspect of the tech industry without getting lumped with other arguments made by other people.

Now that the “anti-tech backlash” straw man has been duly eulogized and laid to rest, maybe it is possible to have more productive conversations in a less stigmatized context, identifying where we agree and where we don’t, and hearing people out rather than shouting over them. The issues themselves haven’t gone away, but hopefully the practice of couching their discussion in the language of warfare has.

Bornstein & Bornstein + Bay Property Group's insight:

“If you live in San Francisco, you are part of this community,” Redmond said. His proposals for addressing the housing crisis include registering to vote and pledging not to move into properties cleared by no-fault eviction. 

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Campos to Salvage Increased Eviction Payouts Law

Campos to Salvage Increased Eviction Payouts Law | Legislation + Eviction Law News | Scoop.it
A law that boosts relocation payments for those evicted under the Ellis Act was shot down in federal court last year, but amendments proposed to...
Bornstein & Bornstein + Bay Property Group's insight:

Campos, however, introduced amendments Tuesday that he said addresses the ruling and "essentially makes the federal case moot."

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Rent limits protect child who was original tenant, court rules

Rent limits protect child who was original tenant, court rules | Legislation + Eviction Law News | Scoop.it
[...] the rent limits must stay in place for a tenant who came to the residence as a child and stayed there when his parents left, a state appeals court says. The ruling upheld a decision by the city’s rent board that kept the tenant’s monthly payment at $1,681.75, instead of the $3,295 that the landlord wanted to charge. The owners scored a victory in 1995 when the Legislature passed a “vacancy decontrol” law that removed rent limits when the first occupants moved out and new residents came i
Bornstein & Bornstein + Bay Property Group's insight:

The ruling upheld a decision by the city’s rent board that kept the tenant’s monthly payment at $1,681.75, instead of the $3,295 that the landlord wanted to charge.

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S.F. bill seeks to ensure a third of new housing is affordable

S.F. bill seeks to ensure a third of new housing is affordable | Legislation + Eviction Law News | Scoop.it
San Francisco will monitor how much new housing development will be market rate and how much is in reach of low-income residents — and aim to make one-third of new construction affordable — under legislation introduced by Supervisor Jane Kim Tuesday. The proposal is the compromise outcome of a bitter debate last summer between Kim and affordable-housing advocates on one side and market-rate developers and Mayor Ed Lee on the other. Initially, Kim proposed legislation that would have subjected
Bornstein & Bornstein + Bay Property Group's insight:

"If we don’t even know the numbers, how can we know how to meet the goal and what more we need to do to get to 30 percent?”

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What happened to San Francisco's housing evictions?

What happened to San Francisco's housing evictions? | Legislation + Eviction Law News | Scoop.it

OP-ED - There’s no bigger punching bag in the debate over San Francisco’s super heated housing market than the Ellis Act, a state law that allows property owners to evict tenants to pave the way for a sale.
Housing activists, who hate the law, regularly cite examples involving the elderly, families or long time tenants getting the boot. Landlords respond by claiming the Ellis Act upholds property rights in a rent-controlled city.
High prices and rents are one thing, but the Ellis Act represents something more: the sharp edge of evictions that are fueling a persistent fight over housing policy. (It’s part of broader story about the changing character of San Francisco described in an editorial page series, City on the Edge. A close-up look at gentrification pressures along several blocks of 24th street is detailed in multi-media series, the Mission. )
But is the Ellis Act really a major problem? In 2013, the numbers nearly doubled from 116 to 216, a sizable jump though only a drop in San Francisco’s pool of 377,000 units.
And this year? From the Google bus protests, picket lines outside buildings teed up for the Ellis treatment and an anti-speculation ballot measure last fall, it’s only natural to expect that the total was climbing higher.
But it didn’t. Ellis Act applications dropped way off. From September through December, there were only 10 cases involving 33 units recorded by the city’s rent board.
The drop has no easy explanation, but that hasn’t stopped partisans in the housing wars from offering their thoughts. The tenant side argues that crafty landlords are using other excuses to evict tenants to avoid bad publicity and extra costs. Also, landlords may have worried that tapping the Ellis Act too much would have improved chances for the anti-speculation law, which lost at the ballot, or another measure before the state Legislature which also failed.
There are other theories. Extra city money for eviction counseling maybe helped. A Board of Supervisors law imposing up to six-figure fees on Ellis evictions could have knocked down the problem. But in September a federal judge threw out that law. So why didn’t the all-clear signal from the court lead to a new surge?
It may take a few more months to learn what happened to the Ellis Act epidemic and whether it will return to San Francisco’s housing wars.

Bornstein & Bornstein + Bay Property Group's insight:

Ellis Act applications dropped way off. From September through December, there were only 10 cases involving 33 units recorded by the city’s rent board.

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S.F. fails to follow up after evictions

S.F. fails to follow up after evictions | Legislation + Eviction Law News | Scoop.it

San Francisco supervisors have passed a number of laws in recent years aimed at curbing evictions of rent-controlled units. Most of them put restrictions on what property owners can do with a building once they have forced a tenant to leave.

Yet the city doesn’t actively track what happens with these buildings after someone is evicted, leaving it up to the former tenant, neighbors and the public to make sure property owners follow the law.

“There are some checks, but in general the city won’t go out and pursue anything in the field,” said Joseph Tobener, a tenants attorney in San Francisco. “The resources aren’t there to enforce the law, and the city is relying on tenants to monitor a unit when they lose them, which is difficult because ... especially in this housing crisis, people can’t afford to stay, and are having to move to entirely different cities.”

Susan Whetzel, a client of Tobener’s, said she wouldn’t have known what was happening in her former apartment if she hadn’t stayed in touch with neighbors. Whetzel, who was evicted in the spring, has accused her former landlord in a lawsuit of illegally converting the three-unit building into condominiums and says he is renting out her former unit on the vacation accommodation website Airbnb.

Bornstein & Bornstein + Bay Property Group's insight:

“I think that it’s not just about having good laws but actually enforcing them, because without enforcement, laws become a paper tiger.”

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Opinion: Ellis Act law likely to be a big issue

"The Ellis Act has been California law for nearly 30 years, a major milestone in the recurrent political conflict over landlord-tenant relations – and changing it likely will be an issue when the Legislature reconvenes in December.

The law, passed in 1985 and named for Jim Ellis, the San Diego state senator who carried it, overturned a decision by the state Supreme Court, then headed by Chief Justice Rose Bird.

The court upheld a Santa Monica city ordinance requiring landlords to get permission from a city board before demolishing rental units.

The Ellis Act specifically allows evictions when landlords “go out of business,” thus allowing their units to be razed or converted into condominiums. And a decade later, it was expanded to allow rents to be raised on vacant units, regardless of local rent control laws.

Renter advocacy groups have long chafed at the law, but the heat was turned up when San Francisco’s landlords, responding to high demand for housing by affluent high-tech workers, began evicting renters to cash in on the soaring condominium market.

San Francisco tried to counter Ellis Act provisions with local ordinances imposing additional conditions on landlords, and local legislators introduced two bills to change the law itself.

Both anti-Ellis Act efforts met fierce opposition from property rights and landlord groups, and to date, both have failed.

Sen. Mark Leno and Assemblyman Tom Ammiano, both San Francisco Democrats, introduced Ellis Act amendment measures. Ammiano’s didn’t get out of the Assembly. Leno’s made it out of the Senate on its second try, only to die in the Assembly.

The Leno bill, aimed at speculators who buy apartment houses and then immediately evict tenants for condo conversions, would have barred such flips in the first five years of ownership.

Stymied in the Legislature, San Francisco’s Ellis Act critics turned back to a city ordinance saying that landlords would have to compensate evicted tenants by paying the differences between their current rents and the costs of renting replacement housing for two years – $100,000 or more in most cases.

Landlords filed suit, and in late October, a federal judge declared that the ordinance is an unconstitutional violation of property rights because it forces property owners to compensate for housing market forces over which they have no control.

The decision is likely to be appealed, and tenant advocates, who have support in San Francisco’s city government, are likely to renew their pitch to the Legislature for changing the Ellis Act.

Superficially, one might think that a Legislature dominated by liberal Democrats would be receptive to their pleas. But even the most liberal legislators must contend with well-organized landlords, especially small operators whose apartment houses are their pensions.


Bornstein & Bornstein + Bay Property Group's insight:

"Changing it (the Ellis Act) likely will be an issue when the Sacramento Legislature reconvenes in December." - Dan Walters, Sacramento Bee

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Alert: Be Aware of a SF New Tenant Buy-Out Law!

Alert: Be Aware of a SF New Tenant Buy-Out Law! | Legislation + Eviction Law News | Scoop.it

There's a new rule in town about tenant buyouts.

Whether you’re a tenant or a landlord in San Francisco, you’re going to want to learn more about the proposed Tenant Buyout Agreements ordinance. SocketSite has posted seven key points that you’ll want to review.

Keep in mind that for every action there is an equal and opposite reaction. This new law will likely lead to more Ellis Act evictions, which could become the more appealing, less complicated alternative. The net effect will be less rental housing stock. It’s been passed by the Board of Supervisors, but not yet signed by the mayor.

San Francisco Supervisors Avalos, Campos, Kim and Mar are sponsoring the ordinance, with Farrell dissenting in committee. The ordinance will:

1) Require notice prior to any negotiation. Landlords will be required to provide tenants with written notice of their rights and file a Rent Board form indicating which rental unit could be the subject for the negotiations.

2) Require written agreements. All buyout agreements must be in writing and include tenant-rights provisions.

3) Provide a 45-day recission period for tenants. Tenants may rescind a buyout agreement for up to 45 days after execution.

4) Require buyout agreements to be filed with the city and made public. Landlords will be required to file copies of buyout agreements with the Rent Board along with paying a filing fee.

5) Require an annual reporting of all buyouts. The Rent Board would be required to provide an annual report to the Board of Supervisors.

6) Provide for penalties for non-compliance. These would be both monetary and civil.

7) Prohibit condo conversions for buyout-emptied units. This holds for buyout agreements signed after October 2014.

Bornstein & Bornstein + Bay Property Group's insight:

Are you aware of the new SF Landlord-Tenant Law regarding reporting buy-outs and "Surrender of Possession Agreements?"

Visit sfbuyout.com to learn more!

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Anti-speculation tax rejected by SF voters

Anti-speculation tax rejected by SF voters | Legislation + Eviction Law News | Scoop.it

San Francisco voters sided with real estate interests Tuesday in rejecting the anti-speculation tax that tenant advocates said was needed to reduce evictions.

One of a series of measures the Board of Supervisors have pursued to address the rise in housing costs and evictions, Proposition G, or the anti-speculation tax, was a levy on the sale of certain multiunit residential properties if sold within five years of purchase.

The tax would have gradually lowered over time. If the property was sold within the first year of purchase, the levy would have been 24 percent of the sale price. The tax does not apply to buildings with more than 30 units nor single-family homes or condos. The measure was placed on the ballot by supervisors John Avalos, David Campos, Jane Kim and Eric Mar and drew the support of state Sen. Mark Leno and Assemblyman Tom Ammiano.

Quintin Mecke, who ran the Proposition G campaign, said that even though they lost the amount of support they did receive – and that was without Mayor Ed Lee’s support, he noted – proves that “there is a desire for change in the city. It shows the winds of change are blowing in our direction.”

He noted that real estate interests outspent his campaign 12 to 1, having raised nearly $2 million to defeat the measure. Mecke said that those involved in the campaign will continue to fight, perhaps moving forward with a similar measure next November. “Until we see evictions and affordability addressed positively we’re going to continue to keep going,” Mecke said.

Proponents said the measure would have helped curb real estate speculation where buildings are purchased, tenants evicted and then the property is sold for a profit. But opponents cast the measure as an unfair tax that wouldn't address the core problem, which is the shortage of housing.

Between March and February, there were 1,977 evictions reported to the Rent Board, up from the previous year's 1,757, a 13 percent increase. That includes 216 Ellis Act evictions, up from last year's 116. The Ellis Act is a state law allowing the eviction of tenants if the building owner takes the property off the rental market.

Analysis by the city controller estimated that in a typical year about 60 properties would have been impacted by the tax with an average tax of $413,000.

Another housing measure on the ballot related to Mayor Ed Lee's ambitious goal of constructing or rehabilitating 30,000 by 2020, his main effort to address the challenges of rising rents and evictions, passed on Tuesday.

Proposition K grew out of a debate over whether to mandate that 30 percent of all new construction must be offered at below market rate, but due to opposition it was dropped and instead Prop. K was born. It's a policy statement that more than 50 of the new units be affordable for middle-class households and at least 33 percent affordable for low- and moderate-income households.

jsabatini@sfexaminer.com

Bornstein & Bornstein + Bay Property Group's insight:

Prop. G aka the Anti-Speculation Tax was voted down by votes siding with the real estate community. Congrats to SFAR and other organizations who worked hard to fight it! Winning. 

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Is Your Halloween OK, Time to Check Your Lease?

Is Your Halloween OK, Time to Check Your Lease? | Legislation + Eviction Law News | Scoop.it
Ready to turn your apartment into a spooky scare den for a huge Halloween bash? Actually, you might want to hold up on turning your rented abode into a haunted home. That big costume party you’re planning and all those jack-o-lanterns you carved actually could be breaking certain terms of your lease. Dig up your …
Bornstein & Bornstein + Bay Property Group's insight:

Candles, fires, smoke machines... Halloween can be a recipe for problems with landlords, other tenants and safety!

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Tenant Troubles: A "Just Cause" Eviction Does Not Mean "Just 'Cause Your Landlord Said So"

Tenant Troubles: A "Just Cause" Eviction Does Not Mean "Just 'Cause Your Landlord Said So" | Legislation + Eviction Law News | Scoop.it
I am 26 years old and living in a four-unit three-story building in the Inner Richmond neighborhood of San Francisco. Two other roommates and I are living in one of the four units.  The building wa...
Bornstein & Bornstein + Bay Property Group's insight:

"Just Cause" means non-discriminatory and for legal reasons... learn more at our channel youtube.com/user/bornsteinlaw


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