San Francisco In-Law Unit News
San Francisco is a complex and challenging region, with new In-law regulations changing often.  We seek to keep you updated and informed about all the changes! Contact us for further assistance: http://bornstein.law and http://baypropertygroup.com
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Proposal Could Create 33K New Rent-Controlled Units

Proposal Could Create 33K New Rent-Controlled Units | San Francisco In-Law Unit News | Scoop.it

"San Francisco may allow property owners throughout The City to create accessory dwelling units, previously called in-laws units, to existing buildings, potentially adding up to 33,000 more homes covered by rent control laws.

 

Supervisor Aaron Peskin introduced the legislation Tuesday after announcing March 1 he was drafting the proposal.

 

Peskin’s accessory dwelling unit proposal would prohibit the newly created units from being used as short-term rentals through services like Airbnb, according to the legislation."

Bornstein Law & Bay Property Group's insight:

"Buildings with records of evictions within five or 10 years, depending on the type, couldn’t take advantage of the proposed change."

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Airbnb Seeks Blessing of US Landlords for Tenants to Profit

Airbnb Seeks Blessing of US Landlords for Tenants to Profit | San Francisco In-Law Unit News | Scoop.it

Airbnb Inc., the short-term apartment rental site that’s rankled landlords nationwide, is seeking a reconciliation.

The startup is reaching out to some of the largest U.S. apartment owners with the aim of working out a deal in which tenants can rent out their units through the website -- and have their landlord’s blessing. San Francisco-based Airbnb is in early talks with companies including Sam Zell’s Equity Residential, AvalonBay Communities Inc. and Camden Property Trust, according to a person with knowledge of the discussions.

Bornstein Law & Bay Property Group's insight:

Airbnb is now worth over $25B and not stopping, should tenants revenue share with landlords... what do you think?

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Denise Swift Holtz's curator insight, December 24, 2015 4:17 PM

Apartment owners should consider allowing their tenants to sub-lease for a short term stay. Put a policy into place and fine those that don't abide. I think most tenants would follow the rules to be able to "home share". Everyone wins economically!

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SF Supervisors Approve Protection for Tenants of Illegal Units

SF Supervisors Approve Protection for Tenants of Illegal Units | San Francisco In-Law Unit News | Scoop.it
The Board of Supervisors unanimously approved an ordinance Tuesday that will provide more protections to tenants living in illegal units and in-law apartments throughout San Francisco.

The amendment to the city’s Building and Planning codes requires landlords who want to make changes in units major enough to displace the residents there to notify those tenants – even if the unit is illegal. That advance notice would give tenants the opportunity to appeal any permits and stave off their eviction. The new legislation pertains to landlords who plan to “demolish or merge” a unit, which could mean renovations like removing a kitchen, stove, or bathroom.

Bornstein Law & Bay Property Group's insight:

This "requires landlords who want to make changes in units major enough to displace the residents there to notify those tenants – even if the unit is illegal." 

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Dorothy Retha Cook's curator insight, February 18, 4:48 AM

THIS IS NEEDED WORLD WIDE. 

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How to Take Your Building From Pet-Friendly to Pet-Loving

How to Take Your Building From Pet-Friendly to Pet-Loving | San Francisco In-Law Unit News | Scoop.it
There are a lot of property management companies that advertise their buildings as "pet-friendly." But what exactly does that mean? Does the building offer pet socials? Will a building favor the pet owner if there is ever a complaint against their beloved pet? Instead of advertising your building as "pet-friendly" you should let pet owners know that your building is "pet-loving." Defining a Pet-Loving Building When a building is pet-friendly it will often have a strict set of rules involving pets. This list could include: Pet breed or weight restrictions Additional pet rent policies Pet security deposits Limitation on the type of animal that can be kept in the building Limitation on the number of pets per residence After quickly glancing through the above list, suddenly the "pet-friendly" building doesn't seem all that friendly. But where did the property manager go wrong? It all started with not letting residents know that the building's management actually [...]
Bornstein Law & Bay Property Group's insight:

Pet friendly buildings can have a happy story about them and dedicated residents, learn more here. 

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10 Things You Need to Know About The Millennial Renter (Infographic)

10 Things You Need to Know About The Millennial Renter (Infographic) | San Francisco In-Law Unit News | Scoop.it
It is estimated the Millennials make up close to 40% of the housing market, and 90% of them are renters! This means big changes and a lot of opportunity for property managers. Investing in the right amenities and marketing strategies is critical to attracting and retaining the newest generation of renters.


Infographic at: http://www.appfolio.com/blog/2014/08/10-things-you-need-to-know-about-the-millennial-renter-infographic/?mkt_tok=3RkMMJWWfF9wsRonvKXPc%2B%2FhmjTEU5z17u4rXaC1h4kz2EFye%2BLIHETpodcMTcVhMbHYDBceEJhqyQJxPr3NJdUN2dJqRhbjCQ%3D%3D#lightbox/0/

Bornstein Law & Bay Property Group's insight:

Learn what to focus on when renting to millennials! 

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SF Prop F measure to allow neighbors to sue over Airbnb

SF Prop F measure to allow neighbors to sue over Airbnb | San Francisco In-Law Unit News | Scoop.it

SAN FRANCISCO — In a city where real estate is an intensely political and highly contentious topic, San Franciscans are set to vote on a measure that would curtail use of short-term rental sites like Airbnb by cutting the number of allowable rentals to 75 nights a year per unit and adding other restrictions.

A severe housing crunch in San Francisco has made short-term rentals a major flashpoint. Supporters of Prop F, which is on the Nov. 3 ballot, say Airbnb takes desperately needed rental units off the market . It is supported by hotels, hotel unions, landlords, housing activists and some neighborhood groups.

"A lot of people think that San Francisco is becoming a rich person’s city and their argument is that this is taking away housing stock from tenants,” said Margaret Russell, a law professor at Santa Clara University in Santa Clara, Calif.


Residents will vote on restricting use of short-term rental sites like Airbnb

Bornstein Law & Bay Property Group's insight:

SF residents will vote on restricting use of short-term rental sites like Airbnb!

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Proposition F: Regulating Short-Term Rentals

Proposition F: Regulating Short-Term Rentals | San Francisco In-Law Unit News | Scoop.it

Why is this on the ballot? AirbnbHomeAway and similar businesses have made it easy and profitable for homeowners, or even long-term renters, to use their living spaces for informal bed-and-breakfasts, hosting visitors for days or weeks at a time. This unmonitored industry has ballooned. The San Francisco Chronicle surveyed some Airbnb data from last year, revealing almost 3,785 distinct hosts on the company’s website. About 500 of those hosts had listed more than one property, implying that they used Airbnb as a major source of income. Almost all those listings were for rooms, entire houses or apartments, which means that those homes were effectively taken off the conventional rental market. Critics say that reduction in supply has contributed to rising real estate prices, making it harder for people with low and modest incomes to live here.

Current law requires hosts to register with the city, after which they are allowed to rent out entire homes for up to 90 days per year — unless they are staying on site, in which case they can rent out rooms year-round. But to date, only about 700 hosts have registered, implying that thousands of others are flying under the radar. City Hall currently has no way to find them. See more at: http://sfpublicpress.org/election2015/propF#sthash.CTcJDQI0.dpuf

Bornstein Law & Bay Property Group's insight:

"Proposition F would give people a financial incentive to report suspected scofflaw hosts, which opponents say would turn neighbor against neighbor."

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Airbnb Seeks Best Government Money Can Buy in SF Election

Airbnb Seeks Best Government Money Can Buy in SF Election | San Francisco In-Law Unit News | Scoop.it

With San Francisco’s local election day approaching, Airbnb and friends have raised more than $8 million to fight tougher restrictions on short-term “vacation rentals.”San Francisco campaign finance reports for the period from July 1 through September 19reveal that record amounts of cash are pouring in from both sides in the fight over Proposition F, which would tighten the rules for turning homes and apartments into transient hotels.

Proposition F would impose restrictions on private, short-term housing rentals, often referred to a “vacation rentals.” It would restrict all such private rentals to only 75 nights per year and impose provisions designed to ensure that such private rentals are paying 14 percent hotel tax and following all city codes. It would also require detailed guest and revenue reports from rental hosts and “hosting platforms,” such as Airbnb. Proposition F would further prohibit the use of “in-law” units for short-term rentals and enact regulations concerning privacy, peace, and quiet.

Perhaps the most threatening to companies like Internet-based Airbnb, HomeAway, 9Flats, and Windu, Proposition F would allow open-ended “private action lawsuits” by interested parties–defined as anyone living within 100 feet–against those suspected of violating the law by renting the unit or providing a booking service for the rental.

The fines proposed for websites featuring illegal posts range from $250 to $1,000 per day for each non-compliant post. Ballot measure estimates show the fines for a website such as Airbnb, HomeAway, 9Flats, and Windu could add up to millions of dollars unless a way was found to keep listings in accordance with city law, according to BallotPedia.


Bornstein Law & Bay Property Group's insight:

Airbnb and friends have raised a record $8 million to fight Prop F, which would restrict "vacation rentals" in San Francisco.

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Turning Housing into Hotels

Turning Housing into Hotels | San Francisco In-Law Unit News | Scoop.it

At Scott Galbraith's chain of West Oakland hotels, you can book a room in a cozy Victorian, built circa 1895, refurbished and stocked with modern technology and a spacious kitchen. The luxurious beds are cushioned with memory foam, and there is an upright piano in one of the suites for the traveling musician. Or, you can reserve a couple of weeks in a colonial revival house in the increasingly hip Dogtown neighborhood. If you're on a budget, and your visit will be brief, Galbraith offers rooms in a little Victorian Stick-style house on Linden Street in West Oakland's McClymonds neighborhood. Rooms go for $59 a night, and like his other accommodations, there's a full kitchen. Galbraith also offers rooms in a single-story Italianate house near the West Oakland BART station for travelers who want easy access to San Francisco. Or, if you would rather just stay in San Francisco, Galbraith operates a hotel in a three-bedroom apartment on Rose Street in the Lower Haight neighborhood.

Bornstein Law & Bay Property Group's insight:

Airbnb and VRBO can be great for owners, and can work out badly when tenants rent out homes in rent controlled areas! Contact us for assistance: (415) 409-7611 or http://bornsteinlawyers.com

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SF judge says building manager who stole rent to pay tenants $110,000 each

SF judge says building manager who stole rent to pay tenants $110,000 each | San Francisco In-Law Unit News | Scoop.it
By Laura Wenus San Francisco Superior Court Judge Richard B. Ulmer Jr. issued a tentative ruling Friday in a case brought by nine tenants against their master tenant, writing, that it was “not hype...
Bornstein Law & Bay Property Group's insight:

"Despite the conditions, tenants paid as much as $800 a month for a room — they could afford nothing better in America’s most expensive rental market"

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Short-term rental sites must warn tenants of eviction risk

Short-term rental sites must warn tenants of eviction risk | San Francisco In-Law Unit News | Scoop.it

SACRAMENTO, Calif. (AP) — Short-term rental housing websites such as Airbnb and VRBO will be required to warn users that they may be violating their leases under a new California law. Gov. Jerry Brown announced Tuesday that he signed SB761 by Democratic Sen. Isadore Hall of Compton. It requires Airbnb-type websites to notify tenants that they may be at risk of legal action or eviction if they sublet their homes. Some San Francisco tenants have received eviction notices for violating prohibitions on short-term renting.

The bill was sponsored by the California Apartment Association, which says vacation rentals put other tenants in danger by bringing unscreened people into complexes. Airbnb's terms and conditions already tell hosts to check their leases, but they don't mention evictions. The law takes effect Jan. 1, 2016.

Bornstein Law & Bay Property Group's insight:

SB761 was signed into law and takes effect on Jan. 1, 2016, to warn hosts about the risk of legal action or eviction, if they sublet their homes!

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Sue Thy Neighbor: Airbnb Stokes Fears Of 'Lawsuit Vigilantism' In Fight Against Prop F

Sue Thy Neighbor: Airbnb Stokes Fears Of 'Lawsuit Vigilantism' In Fight Against Prop F | San Francisco In-Law Unit News | Scoop.it
Would it really be easier to file suit, or would lawyers still not bite bad cases?
Bornstein Law & Bay Property Group's insight:

What do you think about Prop. F?

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Feinstein Officially Backs anti-Airbnb measure!

Feinstein Officially Backs anti-Airbnb measure! | San Francisco In-Law Unit News | Scoop.it
Sen. Dianne Feinstein wants San Francisco voters to clamp down on Airbnb, while Mayor Ed Lee wants them to continue the status quo of allowing short-term rentals in private homes. The two politicians authored the official arguments for and against San Francisco’s Proposition F, which would severely limit the use of homes as hotels through services like Airbnb. F is “entirely unnecessary” because San Francisco already has “common sense short-term rental regulations” limiting whole-home rentals
Bornstein Law & Bay Property Group's insight:

Prop. F calls for limiting all short-term rentals to 75 days a year regardless of whether the host is present, requiring quarterly reports from hosts, allowing neighbors and others to sue hosting platforms, and making it a misdemeanor for platforms such as Airbnb to list units not registered with the city.

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SF OKs new in-law housing units

SF OKs new in-law housing units | San Francisco In-Law Unit News | Scoop.it

Thousands of new housing units are expected to come onto the real estate market under a proposal approved Tuesday to allow the construction of in-law units in neighborhoods like Chinatown, North Beach, Diamond Heights and Glen Park.

Last year, San Francisco created a process for landlords to legalize tens of thousands of existing in-law units that were operating in the shadows and perhaps not up to code.

The Board of Supervisors approved legislation Tuesday that would allow the creation of new in-law units, also called accessory dwelling units, in buildings throughout District 8 and District 3, under proposals introduced by supervisors Scott Wiener and Julie Christensen for their respective districts.

“We need more housing of all varieties,” said Wiener, the District 8 representative.
In-laws are housing created in existing building envelopes and are covered by rent control if added to buildings covered by the rent control law.

Bornstein Law & Bay Property Group's insight:

"A ban on the use of in-laws for short term rentals and no in-laws in buildings where an Ellis Act eviction occurred in the previous 10 years. “I just have a fear that some property owners will build an [accessory dwelling unit], turn it into a full time [short-term rental] and it won’t actually fill the need,” Kim said.

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"NO" vote on Kim's Tenant Protection Ordinance (#150646)

"NO" vote on Kim's Tenant Protection Ordinance (#150646) | San Francisco In-Law Unit News | Scoop.it

Attention SFAA Members and SF property Owners, 

On Monday, 7/27/15 at 1:30 PM at City Hall, the Board of Supervisors' Land Use Committee will be hearing legislation sponsored by Supervisors Kim, Campos, Mar and Avalos called the Tenant Protection Ordinance (150646). The legislation, amongst other things, threatens to:

  • require landlords, after certain vacancies, to set the new base rent to the rent in effect prior to the vacancy,
  • limit/prohibit enforcement of no-sublet clauses, and
  • force property owners with in-law units into legal gray area

SFAA needs you to send a brief email or letter to the full Board of Supervisors to express your opposition to the legislation and to ask for a "NO" vote on Kim's Tenant Protection Ordinance (150646) when it goes before the full Board of Supervisors.

SFAA also needs attendees at the hearing to give public comment opposing the legislation. The Land Use Committee starts their meeting at 1:30 PM on Monday, 7/27/15 at City Hall in either Room 263 or Room 250. Please confirm your attendance or direct questions to Charley Goss at Charley@sfaa.org.

Message provided by SFAA, sfapartmentassociation@gmail.com]

Bornstein Law & Bay Property Group's insight:

Please learn more about this important legislation at Monday's meeting 1:30pm 7/27 at City Hall room 263 or 250.

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Backyard Tent Renting for $899/Month ~ What's Wrong with the Bay Area?

Backyard Tent Renting for $899/Month ~ What's Wrong with the Bay Area? | San Francisco In-Law Unit News | Scoop.it

About a week ago, enterprising millennial John Potter listed a backyard tent for rent on Airbnb, advertising a rate of $20/night. The tent, a nine-by-seven-foot Coleman set up in the backyard of his parents' house in Mountain View, comes with a sleeping bag and a pillow. It's close to Caltrain and (hint hint) Google. Also, there are amenities: Tenants (tentants?) are permitted one shower per day, and there's free Wi-Fi. Yesterday, CBS's NightBeat stopped by with a TV crew and trumped up the "Oh, zany Silicon Valley!" angle, asking Potter about the pros of sleeping out-of-doors ("Fresh air!") and the cons ("Racoons!"). After receiving so many reservation requests, Potter told the website Fusion, he upped the rate to $46/night and is also offering a monthly rate of $899. Yes, $899 per month to sleep in a tent that's walking distance from Walmart. Our first thought: This has got to be some kind of prank, or perhaps a conceptual art piece. Right? Right??


Bornstein Law & Bay Property Group's insight:

"From this prospective renter's inquiry, we have to wonder from the word "house" if he had read the ad at all closely. Then again, it may be just a polite form letter from yet one more desperate Silicon Valley renter."

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The Secret Math of Airbnb’s $24 Billion Valuation

The Secret Math of Airbnb’s $24 Billion Valuation | San Francisco In-Law Unit News | Scoop.it

Home-rental site Airbnb Inc. has given potential investors in a $1 billion funding effort an ambitious revenue forecast to justify a richer valuation than hotel giant Marriott International Inc.

Bornstein Law & Bay Property Group's insight:

Airbnb representatives have told prospective investors in a new financing round that it expects revenue this year to top $900 million and grow to $10 billion in 2020.

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Past moratoriums show why we need another

Past moratoriums show why we need another | San Francisco In-Law Unit News | Scoop.it
The eviction and displacement crisis in San Francisco's Mission district has been decimating The City's Latino community for nearly two decades. But now a slow-motion crisis has become urgent. Many neighborhood voices are calling for a moratorium on market-rate housing in the Mission, and the battle has been joined by cheerleaders of market-rate development, blaming affordable housing shortages on NIMBYs and attempting to shame neighborhood advocates into backing down from moratorium demands.

A brief review of recent history is in order. In the last 15 years or so, there have been at least three full stops to market-rate housing construction in the Mission. These moratoriums suggest trickle-down housing extremists like the San Francisco Bay Area Renters Federation might be better served by coming to grips with professional planners and the international capital market, rather than imagined NIMBYs who shout at the clouds, try to preserve the city in amber, and somehow control the City's housing policy in their volunteer time.

Mission Moratorium No. 1 (2001-2002) was in the form of "interim controls" — a longstanding and necessary tool in urban planning to temporarily hold development while a comprehensive plan for neighborhood growth is devised. The Planning Commission and the Board of Supervisors have installed interim controls in dozens of ways over the last couple of decades without much drama. There are interim controls slowing development today on Market Street, 2nd Street and in the Castro and Showplace Square, among other places. This particular set of Mission controls was focused on stopping market-rate office conversions, and supported housing developments where 25 percent of the new units were affordable to low-income residents.
Bornstein Law & Bay Property Group's insight:

Op-Ed - "A new Mission Moratorium on market-rate housing doesn't create new affordable housing by itself; neither did the other three. But history tells us that it can help in two ways

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Airbnb and others linked to evictions in San Francisco

Airbnb and others linked to evictions in San Francisco | San Francisco In-Law Unit News | Scoop.it

According to a report released by public sector management consulting firm Harvey Rose, between 950 and 1,960 units in San Francisco have been effectively removed from the housing market by hosts like Airbnb and VRBO, which are renting out entire units for more than 58 days. This number represents up to 23.2 percent of the city’s vacant units, causing a public debate on how to regulate short-term renting websites which are, reportedly, pushing people out of their neighborhoods and causing an increase in evictions.

Bornstein Law & Bay Property Group's insight:

Our law firm is handling many of the SF Airbnb, VRBO and related short-term rental evictions now, so this article is dead on point. 

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Airbnb rentals cut deep into SF housing stock, report says

Airbnb rentals cut deep into SF housing stock, report says | San Francisco In-Law Unit News | Scoop.it
San Francisco is once again debating how best to regulate short-term rental websites like Airbnb, after a law legalizing the practice went into effect less...
Bornstein Law & Bay Property Group's insight:

"City planners have since said the law is unenforceable and needs to change, a position supported by Mayor Ed Lee and the Board of Supervisors"

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SF reaches settlement of $276k injunction against landlord

SF reaches settlement of $276k injunction against landlord | San Francisco In-Law Unit News | Scoop.it
San Francisco City Attorney Dennis Herrera today announced a $276,000 settlement of a lawsuit in which he alleged a landlord couple illegally converted two Pacific Heights apartment units into high-priced short-term lodging for tourists.
Bornstein Law & Bay Property Group's insight:

“Illegal conversions that push long-term tenants out of their homes diminish the availability of residential rental units for San Franciscans, and they’re a significant contributor to the housing affordability crisis,” 

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San Francisco mayor proposes 120 day caps on Airbnb rentals

San Francisco mayor proposes 120 day caps on Airbnb rentals | San Francisco In-Law Unit News | Scoop.it
San Francisco Mayor introduces proposal to change Airbnb rentals
Bornstein Law & Bay Property Group's insight:

Airbnb and other short-term rental services have come under fire in San Francisco because they take rental units off an already limited housing market. The current law caps short-term rentals at 90 days when the host is not present. 

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Landlords requiring pet resumes from renters in San Francisco

Landlords requiring pet resumes from renters in San Francisco | San Francisco In-Law Unit News | Scoop.it
Landlords usually demand a lot of information from renters and now many of them are asking for resumes on renter's pets.
Bornstein Law & Bay Property Group's insight:

"They wanted to know everything from her environment to her food choices. It just seemed very silly,"

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S.F. Is Struggling to Make Good on Airbnb Regulation

S.F. Is Struggling to Make Good on Airbnb Regulation | San Francisco In-Law Unit News | Scoop.it

San Francisco’s attempt to legalize the murky realm of Airbnb living in February is already facing its own set of gray-area problems, leading officials to seek new methods of pushing the room-renting company to an officially legal citywide status.

Bornstein Law & Bay Property Group's insight:

But just one month in, the city’s planning department saysthe law is basically impossible to enforce.

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SFAA files lawsuit against SF Buy-Out Ordinance Regulations

SFAA files lawsuit against SF Buy-Out Ordinance Regulations | San Francisco In-Law Unit News | Scoop.it
Last week the SFAA and several other housing industry groups filed a lawsuit against the City and County of San Francisco challenging the recently passed Buyout Agreement Ordinance.
Bornstein Law & Bay Property Group's insight:

This week SFAA raised over $6,000 online for our SFAA Legal Fund because of your contributions to this important cause.

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Bornstein Law works in affiliation and collaboration with Bay Property Group.  Daniel Bornstein, Esq. is the founder of the law firm, and also the broker of record for Bay Property Group in Oakland, San Francisco and Cupertino.  Together the two companies assist local property owners, landlords, commercial clients, multifamily investors and offer property management services. Contact us for assistance: http://bornstein.law & http://baypropertygroup.com
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San Francisco is a complex and challenging region, with new In-law regulations changing often.  We seek to keep you updated and informed about all the changes! Contact us for further assistance: http://bornstein.law and http://baypropertygroup.com
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