Supervisors, Mayor Reach Agreement On Eviction Prevention

When Supervisors began arriving at City Hall this morning, it looked like Board President Aaron Peskin’ s legislation to stop the growing onslaught of evictions occurring citywide was D.O.A. While it appeared likely the necessary six votes for approval would be obtained at the Board, the Mayor remained against it.

However, intense negotiations between sponsor Supervisor Aaron Peskin, Tenant’s Union leader Ted Gullicksen and the Mayor’s office began soon after. The Mayor wanted several changes, the most important being ridding the legislation of its retroactivity.

In its original form, the proposal barred any units from becoming condos where “bad” evictions from January of 1999 on. Newsom asked that the legislation be changed to only impact eviction notices issued on or after May 1, 2005 to prevent the punishment of those who thought they had been playing by the city’s rules for condo conversion.

Peskin and tenant advocates agreed to the later effective date, since the vast majority of tenants receiving eviction notices prior to May 1 have already been evicted. The compromise could protect many of those tenants currently facing eviction, and should significantly slow the economic incentive for speculator evictions.

In addition, the original legislation barred buildings where multiple no-fault evictions occurred from ever entering the lottery for condos. An amendment was made to allow buyers of such buildings to apply for condo conversion, but only after living in their unit for ten years. Currently, applicants have to live in the unit just three years.

Besides these amendments and a few other minor changes, the legislation will remain in its original form. By eliminating the reason many speculators evict people - so they can sell off the units as TICs, which can then be converted to condos - the legislation should profoundly reduce the number of Ellis Act and other no-fault eviction occurring in San Francisco.

While legal challenges will likely be forthcoming, tenants can celebrate a major victory, due in large part to the efforts of Peksin and Gullicksen. In addition, the tenant’s movement has struggled for years against Ellis Act evictions and the eviction of seniors, disabled people and the catastrophically ill. Countless tenants and tenant advocates have helped place the issue in the public eye, and it appears their efforts have brought major results.

The final vote at the Board was 7 to 3, with Supervisor Fiona Ma, Michela Alioto-Pier, and Sean Elsbernd voting no, and Supervisor Bevan Dufty casting a surprising yes vote. The tally left the legislation one vote short of a veto-proof 8. However, at yesterday’s hearing, Wade Crowfoot, the Mayor’s liaison to the Board of Supervisors, indicated the Mayor would sign the legislation with the new amendments.

Newsom’s support of the strongly pro-tenant ordinance is a first for the mayor, who vetoed two weaker tenant protection measures earlier this year.

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