Action/Alerts

Attention all SPOSFI Members:

We need you to write to your supervisor and any others you wish to write, requesting a NO vote on Supervisor Jane Kim's proposed ordinance to amend the Residential Rent Stabilization and Arbitration Ordinance (File 150646).

The Ordinance, if approved, would require "landlords, after certain vacancies, to set the new base rent as the lawful rent in effect at the time of the vacancy; to require that there be a substantial violation of a lawful obligation or covenant of tenancy as a basis for the recovery of possession; to require a landlord, prior to seeking recovery of possession, to provide tenants an opportunity to cure the unauthorized addition of the tenant's family members to the tenant's unit; and to prevent a landlord from seeking recovery of possession solely because the tenant is occupying a unit not authorized for residency."

This means that:

1. If the owner evicts a tenant for certain causes (OMI, Ellis Act, capital improvement, previously approved condo conversion or permanent removal from housing use) and the unit is EVER rented in the future, then the landlord could not charge the next tenant any more rent than was charged to the evicted tenant. For example, if an owner does an OMI and lives in the unit for more than the required 3 years, let's say 10 years.  Under current law, the obligation to charge the old rent-controlled rate ends after three years. The proposed ordinance imposes that obligation in perpetuity - FOREVER!
    
2. If the tenant is violating a lease provision that prohibits sub-leases, then the tenant must be given 10 days to cure – and asking for permission to sub-lease is sufficient to cure.
    
3. If the tenant is being evicted for nuisance or damaging the premises, the nuisance or damage must be on-going at the time the termination notice is served.  In other words, if the tenant frequently plays loud music on random days between 2 and 4 in the morning, the process server needs to sit outside the door waiting for the music to start before serving the 3-day notice. And, if the tenant does substantial damage and finishes the damage before getting the 3-day notice, the tenant cannot be evicted.
    
4. Tenants may not be evicted because their unit is not legally rented. In other words, if the owner (or the prior owner rented a unit that is not legally a rental unit), then the owner cannot collect rent because the unit is illegal, is subject to fines from the City because the unit is illegal, and the tenant may not be evicted. THE TENANT GETS TO LIVE THERE FREE!

You need not get into the intricate details. The essential is to state that you are a housing provider and you need to be able to remove a bad tenant and protect your other tenants. You should have the right to re-set the rental rate at market rate after the time period set by current law. The vacancy control in this legislation leads to blight because the owner cannot maintain the buildings at ancient rental rates.

Supervisor XXXXX
City Hall, 
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

District 1 Supervisor, Eric Mar   Eric.L.Mar@sfgov.org
District 2 Supervisor, Mark Farrell    Mark.Farrell@sfgov.org
District 3 Supervisor, Julie Christensen    Julie.Christensen@sfgov.org
District 4 Supervisor, Katy Tang  Katy.Tang@sfgov.org
District 5 Supervisor, London Breed   Breedstaff@sfgov.org
District 6 Supervisor, Jane Kim   Jane.Kim@sfgov.org
District 7 Supervisor, Norman Yee   Norman.Yee@sfgov.org
District 8 Supervisor, Scott Wiener   Scott.Wiener@sfgov.org
District 9 Supervisor, David Campos   David.Campos@sfgov.org
District 10 Supervisor, Malia Cohen  Malia.Cohen@sfgov.org
District 11Supervisor, John Avalos   John.Avalos@sfgov.org

Let us get active and defeat this legislation.

Noni Richen, President, SPOSFI