San Francisco Apartment Association

SFAA News January 2006

New Pot-Club Legislation Protects Neighborhoods
New rules recently passed by the San Francisco Board of Supervisors give neighborhoods more of a say over the location of medical marijuana dispensaries. The new legislation from Supervisor Ross Mirkarimi is the first to regulate medical marijuana in San Francisco. Unlike an earlier version of Mirkarimi’s legislation (which would have forced the closure of many pot clubs), this version that was passed unanimously by the board will allow most of the 33 existing clubs to stay open but places new limits on where and how they can operate. Any new club will not be able to open within 500 feet of a school or youth center, or within 1,000 feet if marijuana is smoked in the club. Clubs in business before April 1, 2005, will still be able to stay within this 500-1,000 foot proximity as long as they, too, do not allow smoking. Also, the city’s Planning Department now has the right to hold public hearings on the location of clubs; neighbors are encouraged to attend and voice their grievances. In addition, patients at the club will now be limited to one ounce of marijuana per pot-club visit, rather than the pound that was allowed before the legislation. The board also voted to extend the moratorium on new pot clubs for another year. Hopefully, the combined effect of all these new restrictions will mean the end to many of the problems that marijuana dispensaries have brought to our communities.

The board was also in full agreement on a set of ordinances that require the neutering and spaying of the city’s estimated 7,000 pit bulls or pit-bull mixes. Beginning January 1, 2006, the owners of pit bulls that are not neutered or spayed can be fined up to $1,000, though legitimate breeders may obtain an exemption from the city. If you have tenants who own this breed of dog, please let them know about the new legislation.

Condo-Conversion Battle Heats Up
Tenant groups were unwilling to compromise with property owners and other interested parties on a new cap for condo conversions, resulting in the dissolution of the mayor’s Ellis Act Task Force. Tenants wanted to restructure the condo-conversion lottery so that Ellis-acted buildings would be at the bottom of the list. Owners were willing to consider this change if tenants would agree to increase the condo-conversion cap from 200 per year to upwards of 3,000. Unfortunately, the tenants refused to budge, and the task force dissolved without reaching a much-needed legislative compromise.

In other condo-conversion news, the Board of Supervisors added amendments onto condo-conversion legislation that will make it more difficult for the legislation to do what it is intended to do: help people who have been waiting for years to turn their TICs into condos. The original legislation, drafted by Supervisor Bevan Dufty, would have allowed those people who have been waiting more than three years to move to the front of the condo-conversion line. (Currently, approximately 100 owners fall into this category.) Despite the fact that this law would only affect existing TICs, tenant activists complained that it would increase evictions; and, as a result, they were able to get their amendments—which would terminate the legislation after one year and prevent condo conversions for any TIC where a senior, disabled or very ill tenant was evicted—added to the legislation.

Because of the substantive nature of these amendments, the legislation went back to the Land Use Committee. Once in committee, a compromise of sorts was hammered out; anyone in the lottery who has evicted an elderly, disabled or chronically ill tenant on or after January 1, 1999, will not be eligible for the preferential treatment—no matter how long they’ve been waiting. Those who can verify that they haven’t evicted any such parties and have been waiting more than three years will qualify for the newly created seniority. The amended legislation will come before the full board again in the weeks ahead.

Congratulations to Our New SFAA Board Member
After ten years as a valued member, Michelle Horneff-Cohen has been elected to the SFAA Board. This is not the first position of honor for the property-management-company owner, as Horneff-Cohen also sits on the Lead Poisoning Citizens Advisory Council and is a member of the Board of Directors for the San Francisco Housing Foundation. “I look forward to being able to serve the community,” said Horneff-Cohen of her new post. She has already served SFAA in multiple capacities, including assisting with the trade show each year and teaching the California Certified Residential Management Series. “I feel like I’m an honorary staff person,” Horneff-Cohen joked.

Congratulations also go out to former SFAA President Eric Andresen, who was recently chosen to be the President of the California Apartment Association. After the great job Andresen did for SFAA, he’s sure to work hard protecting and championing our industry at the state level as well.

New Building Inspection Classes Begin This Month
SFAA has long encouraged its members to attend the Department of Building Inspection’s Brown Bag Lunch Talks, but now there’s an even more intensive DBI program available to the public for free. Beginning January 10, DBI will have fortnightly technical training courses at 1660 Mission St., Room 2001, on topics ranging from certification of final completion and occupancy (the January subject) to building code requirements for lot splits and lot mergers (offered in late July). If you can’t make the lessons, DBI also offers its own “on-demand” video service with hour-long videos on the various requirements and limitations the department oversees. Both the videos and more information on the classes are available at sfgov.org.

Loma Prieta Earthquake Memories
The magazine is looking for members with first-hand accounts of the 1989 Loma Prieta earthquake to tell their tales for an upcoming issue. If you are interested in sharing your earthquake story, please email Assistant Editor Emily Landes at emily@blackpointpress.com.

And Now, a Message from a SFAA Member…
I manage a four-unit building on California St. Over the past two years, I have taken three one-week vacations. On every one, a tenant has somehow managed to call me with a problem on the very first day of travel. Recently, I was taking Amtrak to Truckee when my tenant called with a doorknob problem. I called Crown Lock, one of your magazine’s advertisers, and the woman who answered took complete control and even called the tenant back for me. The tenant later told me she couldn’t believe that she received such a fast response. Everyone was happy, and Crown Lock made my time off what it was supposed to be for a change: a vacation.
Thanks, Lou Barberini

Annual Allowable Rent Increase Set at 1.7%
The San Francisco Rent Board set this year’s annual allowable rent increase at 1.7%, effective March 1, 2006, through February 29, 2007.