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Legislation in Pipeline to Increase Condo Conversion Oversight

by Casey Mills via Beyond Chron (Reposted)
Supervisor Chris Daly has introduced legislation that would reduce evictions for the purpose of condo conversions by increasing city oversight of the application process. Currently, the Planning Commission only holds hearings on conversion applications for buildings with 5 or 6 units. The upcoming legislation, however, would force hearings to be held on 2, 3 and 4-unit buildings as well. During these hearings, the Commission would have to prove the application passes the standard of Subdivision Code Section 1386, which forbids both evicting people to prepare for a conversion and evicting senior and disabled people before attempting to turn their building into condos. If approved, Daly’s legislation could prove a significant victory for tenant’s rights advocates.
As it currently stands, when property owners wish to convert their building from rental units into condos, they must submit an application to the city. Buildings of 5 units or more get subjected to a hearing at the Planning Commission, where they routinely get approved. The applications then wind their way through city agencies before receiving the final O.K.

The hearings serve the important function of notifying the public and tenant groups of an impending conversion. Interested parties can then air concerns about the conversion before the Commission. Because hearings aren’t held on buildings with between 2 and 4 units, the applications often remain unknown to the public until late in the process.

Daly’s legislation would not only force hearings to be held on small buildings, it would also specify what the Commission should pay attention to when reviewing applications for conversion. In addition to the usual concerns, including the application’s consistency with the city’s General Plan and environmental findings, commissioners would be required to address the conversion’s accordance to Subdivision Code Section 1386.

Section 1386 recently received widespread attention when the Board of Supervisors cited it in a decision to reject a condo conversion application. 1386 prohibits conversions in buildings where evictions occurred specifically to empty the building or where owners evicted senior or disabled people.

The legislation likely has a good chance at passing, as a majority of Supervisors have consistently shown they believe in limiting condo conversions that occur at the expense of tenants. Earlier this year, for example, the Board approved a law that discourages conversion of buildings where senior, disabled and terminally ill people were evicted

“It’s clear the trend in San Francisco is to disapprove condo conversions where there have been evictions,” said the Tenant’s Union Ted Gullicksen. “Now we’re forcing the Planning Commission to look at issues of evictions in all condo conversions.”

The legislation will likely be before the Land Use Committee within the next month.
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