SF APARTMENT magazine
NEW YEAR
NEW MARKET
THE LAWS & TRENDS THAT WILL SHAPE 2022
San Francisco Apartment Association January 2022 / $7.00
~ Our 2021 Closings ~
$322,736,597 in Sales, Totaling 54 Properties & 630 Units We Would like to thank our valued clients for making 2021 one of our best years ever!
501 Grant Ave/614 Pine St
1900 Gough St
(65 Units - Financial District) (38 Units - Pacific Heights)
1601 Beach St
3210 Gough St
(15 Units - Marina)
2028 Scott St
828 Taylor St
(10 Units - Downtown)
3333-3343 24th St
(6 Units - Inner Mission)
820-822 Irving St
(2 Units - Inner Sunset)
(36 Units - Russian Hill)
1 Mallorca Way
(15 Units - Marina)
(12 Units - Pacific Heights)
2355 Leavenworth St
(15 Units - Marina)
1920 Franklin St
5431 California St
1000 Union St
(30 Units - Russian Hill)
9 August Alley
(15 Units - North Beach)
494 29th Ave
(12 Units - Pacific Heights)
(12 Units - Lake Street)
(12 Units - Central Richmond)
245 Shrader St
103 Carl St/901 Cole St
1633 Washington St
(9 Units - North Panhandle)
114-124 Noe St
(6 Units - Duboce Triangle
957-959 De Haro St (2 Units - Potrero Hill)
(9 Units - Cole Valley)
3548 Pierce St
(6 Units - Marina)
338-340 Divisadero St (2 Units - Hayes Valley)
(9 Units - Nob Hill)
2727 Clay St
(5 Units - Pacific Heights)
2859-2861 Turk Blvd
(2 Units - Lone Mountain)
2121 Sacramento St
(24 Units - Pacific Heights)
1535 48th Ave
255 Steiner St
1845 Cabrillo St
(15 Units - Outer Sunset) (13 Units - Central Richmond)
3146 Divisadero St
(12 Units - Cow Hollow)
2901 Buchanan St
(9 Units - Cow Hollow)
189 Parnassus Ave
(5 Units - Cole Valley)
CVS Pharmacy
(Winter Garden, FL)
1677 Bush St
(23 Units - Hayes Valley) (21 Units - Lower Pacific Heights)
690 34th Ave
1580 Beach St
(12 Units - Marina)
301 Lyon St
(12 Units - Outer Richmond) (12 Units - North Panhandle)
1885 Filbert St
(8 Units - Cow Hollow)
1435 Kearny St
(5 Units - Telegraph Hill)
Walgreens
(Oroville, CA)
540 Cole St
(7 Units - Haight Ashbury)
3660 20th St
(5 Units - Mission Dolores)
1201 Leavenworth St (16 Units - Nob Hill)
1884 Greenwich St
(12 Units - Cow Hollow)
590 8th Ave
(10 Units - Downtown)
793 Clayton St
1525 Clay St
(16 Units - Nob Hill)
30 Corwin St
(12 Units - Eureka Valley)
1825 Pine St
(11 Units - Lower Pacific Heights)
2847 Fillmore St
(6 Units - Haight Ashbury)
(6 Units - Pacific Heights)
2465 Filbert St
1943-1947 Stockton St
(4 Units - Cow Hollow)
7-Eleven
(Sacramento, CA)
(3 Units - North Beach)
Starbucks
(Kansas City, MO)
7-Eleven
(Austin, TX)
The Devincenti/Lagomarsino Team at Colliers The Top Selling Apartment Brokerage Team
In San Francisco with Over $4,550,000,000 In Sales Totaling 785 Properties & Over 15,170 Units James Devincenti
Brad Lagomarsino
415 288 7848
415 288 7847
Executive Vice President
j.d@colliers.com lic. 00951916
Executive Vice President
www.theDLTeam.com
brad.lago@colliers.com lic. 01058500
JAY GREENBERG | TRIGG SPLENDA As established and recognized leaders in the San Francisco Apartment Sales Market,
WE ARE HERE FOR YOU.
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SF
SENIOR DIRECTOR COMPASS COMMERCIAL
TRIGG SPLENDA
RC MME I AL • CO
JAY GREENBERG
Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All materials presented herein is intended for informational Purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any descriptions. This is not intended to solicit property already listed.
SENIOR SALES ASSOCIATE COMPASS COMMERCIAL
415.308.6560 TRIGG@TRIGGSPLENDA.COM DRE 01484698
SF APA magazine
SF APARTMENT
contents
Features
20
Above and Abode by ABODE SERVICES
32
A Class Act by NORA BOXER
40
Piece of Work
by MARGARET J. GROVER
32 4
JANUARY 2022 | SF APARTMENT MAGAZINE
PARTM Columns
Membership
8
44
Four Flats to the Wind
Anybody Home?
The News
14
President’s Report In Your Corner by CHARLEY GOSS
18
Surreal Estate Intimacy & Estrangement by JUSTIN A. GOODMAN
Legal Q&A
by VARIOUS AUTHORS
54
Sacramento Report Holding Court by DEBRA CARLTON
49
SFAA February 2022 Ballot Card
60
Calendar
62
Professional Services Directory
66
Membership Application
32
SF APARTMENT MAGAZINE | JANUARY 2022
5
ANYONE CAN MANAGE YOUR PROPERTY. WE’D RATHER PROTECT YOUR INVESTMENT. Vertex Property Group is a team of experts—in leasing, maintenance, and city property regulations. So when you choose us, you get people who understand the priority: Your Bottom Line. Leasing • Management • Project Management Vertex Property Group • 545 Francisco Street • San Francisco, CA • 94133 • 415.608.3050 • Vertexsf.com
6
JANUARY 2022 | SF APARTMENT MAGAZINE
magazine
SF APARTMENT
San Francisco Apartment Association Office 265 Ivy Street San Francisco, CA 94102 Tel 415-255-2288 Fax 415-255-1112
Email memberquestions@sfaa.org Web www.sfaa.org
SFAA Staff Executive Director Janan New
Deputy Director Vanessa Khaleel
Education Specialist Stephanie Alonzo
Government and Community Affairs Charley Goss
Marketing Lara Kisich
Member Services Manager Maria Shea Member Services Gershay Castaneda
Accountant Crystal Wang
SFAA Officers President Chris Bricker
Vice President Robert Link Treasurer Jim Hurley
Secretary Mark Henderson
SFAA Directors Eric Andresen, Honor Bulkley, Andre Ferrigno, David Gruber,
VOLUME XXXV , NUMBER 1 JANUARY 2022 Published by San Francisco Apartment Association Publisher Vanessa Khaleel Editor Pam McElroy
Art Director Jéna Safai
Production Manager Cameron Shaw Tel 415-392-3770 or 415-255-2288 Web www.sfaa.org
SF Apartment Magazine (ISSN 1539-8161) Periodicals Postage Paid at San Francisco, California. POSTMASTER: Send address changes to the SF APARTMENT MAGAZINE, 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is published monthly for $84 per year by the San Francisco Apartment Association (SFAA), 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in the SF Apartment Magazine are those of the author and do not necessarily reflect the viewpoint of the SFAA or SF Apartment Magazine. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by the SFAA, express or implied, of the advertiser or any goods or services offered. Published monthly, the SF Apartment Magazine is distributed to the entire membership of the SFAA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright @2022 by SFAA.
Kent Mar, Neveo Mosser, J.J. Panzer, Bert Polacci, James Sangiacomo, Dave Wasserman
SF APARTMENT MAGAZINE | JANUARY 2022
7
COLUMN
THE NEWS
to get lost in the debate over adding new units in formerly single-family housing districts. 12,568 residential buildings in San Francisco have more units than would be allowed under current zoning. That represents about 31% of all homes
Four Flats to the Wind
Fourplex legislation clears the Planning Commission.
in the city. As the Planning Department’s staff report notes, Supervisor Mandelman’s proposal rectifies policy decisions made in the 1970s which effectively downzoned large swaths of western and southern San Francisco. Multi-family buildings coexist with single-family
Editor’s Note: State and federal guide-
and environmental review process.
lines and legislation are constantly
The Planning Commission also recom-
changing regarding COVID-19. For the
mended the Planning Department’s
The Planning Department’s recommen-
latest information, resources, financial
proposed modifications, including that
dations included an increase on corner
aid, and forms, visit www.sfaa.org or
the Board of Supervisors allow six units
lot density to six units, amending the
www.caanet.org/coronavirus.
on corner lots.
residential design guidelines to add ob-
In November, the San Francisco Plan-
Supervisor Mandelman has been push-
zoning district and adopting a local
ning Commission unanimously recom-
ing for this legislation for nearly a year.
alternative to SB-9, increasing funding
mended that the Board of Supervisors
He expanded the reach of the ordinance
for supportive housing programs, and
approve legislation proposed by Super-
after the state passed SB 10, which al-
establishing an impact fee on homes
visor Rafael Mandelman to allow four
lowed moderate upzoning near transit
over 4,000 square feet. Ensuring all
units on any residential lot, as well as up
without a cumbersome and years-long
San Franciscans have access to capital
to six units on corner lots, in residential
process by the California Environmen-
in order to benefit from the legislation
high-density (RH) zones.
tal Quality Act (CEQA) that ordinarily
will be crucial to create new fourplex
would be required (not to mention that
housing. Development impact fees
Supervisor Mandelman’s proposal—ac-
each project utilizing the increased
have become a primary cost consider-
tually two pieces of legislation—only
density would undergo its own CEQA re-
ation for development projects; taxing
proposes minor changes to the Planning
view). In spite of well-publicized denials
housing instead of looking for a more
Code itself, and is quite simple in its ef-
of major housing projects by the Board
generalized funding source might not
fect: (1) up to four dwelling units per lot
of Supervisors, Supervisor Mandelman
prove successful. Also, establishing
would be allowed either on every corner
proposed legislation that can become a
objective residential design guidelines
lot or on every lot in an RH zoning dis-
key solution to San Francisco’s housing
will be critical to ensuring that fourplex
trict, and (2) those sites would be subject
crisis. This is not an easy time to pro-
projects can actually be approved, and
to the development controls of the RH-3
pose pro-housing laws in San Francisco,
in an orderly fashion without overbur-
zoning district. All other aspects of the
much less to expand scope when pre-
dening Planning Department staff or
SF Planning Code would continue to
sented with the opportunity.
dissuading San Franciscans wary of an
homes currently and can in the future.
jective standards, eliminating the RH-1
overly complicated set of guidelines
apply. That includes height, rear yard,
8
setback, and open space requirements,
The Planning Department’s staff report
or process. For example, in spite of the
as well as the standard entitlement
contains an insightful point that seems
RH-4 zoning, the Residential Design
JANUARY 2022 | SF APARTMENT MAGAZINE
MULTI-UNIT. MIXED-USE. COMMERCIAL. With over 19 years of experience selling investment properties in San Francisco, Allison Chapleau is an expert in her field with an aggressive marketing approach resulting in the highest value for her clients. Visit allisonchapleau.com to learn the value of your property.
ALLISON CHAPLEAU Vanguard Commercial | allison@allisonchapleau.com | 415.516.0648 | License: 01369080
www.allisonchapleau.com
SF APARTMENT MAGAZINE | JANUARY 2022
9
Guidelines could effectively limit some sites to a lower density.
WARM WELCOME TO GERSHAY CASTANEDA
As noted above, Supervisor Mandelman’s ordinances as currently proposed are straightforward and clear to understand and execute. They now move to the Board of Supervisors, which will be able to add the Planning Commission’s and Planning Department’s suggestions and make pro-
Let’s all extend a warm welcome to SFAA’s newest employee, Gershay Castaneda. Gershay will spend his time at SFAA working in membership services, developing the monthly SFAA member meetings, assisting members day to day with their questions and concerns, and working on Spanish translations.
SF Apartment Magazine: Welcome to the San Francisco Apartment
what final form the legislation could take.
Association! We’re all looking forward to working with you. Can you tell us about your experience? What brought you to where you are now?
Finally, this update includes two maps from
Gershay Castaneda: I worked for years in the restaurant industry in
posals of their own. It remains to be seen
the Planning Department’s staff report. The first shows the areas in San Francisco that are currently zoned RH, where the proposed legislation would allow fourplexes. The second shows where new housing has been built in San Francisco since 2005. The maps generally do not overlap. The above content was written by Reuben, Junius & Rose Attorney Mark Loper and was originally published at reubenlaw.
customer service and eventually as a restaurant manager. I was looking for a change, and came upon this perfect opportunity with the San Francisco Apartment Association. I have always been interested in real estate and property management, and I think I can excel in this business.
SFAM: What are you most excited about in your new role? Castaneda: I’ve very excited about starting this new career path, learn-
ing about the property management industry, and helping the association. Also, I’m fluent in Spanish, so I’m looking forward to helping SFAA’s Spanishspeaking members.
com. It was reprinted here with permission.
SFAM: What skills did you development in restaurant management that you think will help you in your new role at SFAA?
Exemptions Deadline— February 15, 2022
Castaneda: The professional and customer service skills I developed in
Real property or personal property exemptions and exclusions can reduce your real and personal property tax obligations. Homeowners’ exemption: If you own and occupy your home as your principal place of residence, you may be eligible for an exemption of up to $7,000 off the property’s assessed value, resulting in a property tax savings of approximately $70 to $80 annually. Disabled Veterans’ Property Tax Exemption: Disabled veterans of military service may be eligible for up to a $221,304 exemption towards their property’s assessment. Qualifying veterans must have been disabled due to a service-related injury or disease while in the armed forces, and must be a resident of California as of January 1 of the year in which they are applying for an exemption.
The News… continued on page 48
10
JANUARY 2022 | SF APARTMENT MAGAZINE
the restaurant industry are applicable to the property management industry in general, and even more so to my member services role with SFAA.
SFAM: I hear you are from the Bay Area! What do you enjoy most about
the city?
Castaneda: I am from the East Bay, having grown up in Concord. I enjoy the diversity of the city and its restaurants. I love living close to the water and enjoying the city’s beaches on sunny days. SFAM: Do you have a favorite neighborhood? A favorite restaurant? Castaneda: My favorite neighborhood is the Mission District because of the variety of delicious restaurants, and my favorite restaurant is the Peruvian restaurant, Limon Rotisserie. SFAM: How do you prefer to spend your days off in the Bay Area? Castaneda: I like to spend my free time exploring the different hikes the Bay Area has to offer. I recently got into golfing and have been enjoying checking out the different golf courses in the area. Gershay can be reached at gershay@sfaa.org.
Adam Filly
Exceeding Expectations
Apartments | Mixed-Use | Commercial
6331 Mission St | Comm.
428 15th Ave | Land
LD SO
LD SO
LD SO
LD SO
LD SO
LD SO
LD
427 8th Ave | 4 Units
SO
SO
1692 Haight St | $4,950,000
4725 Irving St | 9 Units
1457 Haight St | 6 Units
6138 Geary Blvd | Comm.
BL E A AV A
IL
IL A
BL E
1312 18th Ave | 3 Units
AV A
BL E IL A AV A
PE
N
DI
N
SO LD
G
112 Shotwell St | 4 Unit
125 Clayton St | 12 Units
614 Cole St | 6 Units
LD
LD LD
66 Winfield St | 2 Units
SO
SO
SO
LD
LD
1664 Fell St | 4 Units
2906 Van Ness Ave | 5 Units
2727 Polk St | 7 Units
2291 Green St | 5 Units
SO
SO
SO
LD
2391 Folsom St | 8 Units
1234 Grove St | 5 Units
2440 Mariposa St | Comm.
LD SO
SO
SO LD
1754 Mission St | 9 Units
4272 23rd St | 9 Units
LD
800 Duboce Ave | 12 Units
LD
LD
1649 Market St | 70 Units
SO
SO
SO
LD
LD
Thank you to all of my clients for making 2021 another successful year!
1855 10th Ave | $9,495,000 3650 Sacramento | $9,850,000
Now more than ever you need an expert on your side. If you are considering buying or selling an investment property, then call Adam to discuss your goals.
Adam Filly Senior Vice President | m: 415.516.9843 | adam@adamfilly.com DRE 01354775 | www.AdamFilly.com Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All material presented herein is intended for informational purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any description. All measurements and square footages are approximate. This is not intended to solicit property already listed.
SF APARTMENT MAGAZINE | JANUARY 2022
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JANUARY 2022 | SF APARTMENT MAGAZINE
DAN McGUE
S A N F R A N C I S CO ’ S L E A D I N G A PA RT M E N T B R O K E R OVER $2.8 BILLION IN TOTAL SALES!
6 Apartment Units 2 Commercial Duboce Triangle
Av ail ab le
Av ail ab le
Av ail ab le
Av ail ab le
GREAT INVESTMENT PROPERTIES FOR SALE!
38 Apartments 1 Commercial Sunset District
4 Apartment Units Mission District
38 Unit Multi-Family/ Commercial Mixed Use Hayes Valley
12 Apartment Units Cow Hollow
!
! SO LD
SO LD !
12 Apartment Units Lower Haight
SO LD
SO LD
SO LD ! 7 Apartment Units Lake Street District
12 Apartment Units Mission Dolores
!
4 Apartment Units Lower Pacific Heights
!
14 Apartment Units Mission Dolores
SO LD
SO LD
SO LD
!
!
R E C E N T LY S O L D P R O P E RT I E S !
40 Apartments 2 Commercial Downtown, SF
7 Apartment Units Haight Ashbury
Dan McGue
Senior Commercial Broker Associate
Lic# 00656579 415.310.5787 | dan@danmcgue.com | www.danmcgue.com
REALTY
© 2019 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. All Rights Reserved. Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates fully supports the principles of the SFregistered APARTMENT MAGAZINE | JANUARY Equal Opportunity Act. Each Office is Independently Owned and Operated. Coldwell Banker Commercial and the Coldwell Banker Commercial Logo are service marks owned by Coldwell Banker Real 2022 Estate LLC, dba Coldwell Banker Commercial Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations.
13
COLUMN
PRESIDENT’S REPORT
In Your Corner written by CHARLEY GOSS
SFAA has been working tirelessly to help its members through the everchanging political landscape and rental market during the pandemic.
Compliance SFAA’s main focus in 2021 was on compliance. San Francisco’s landlord-tenant law is notoriously fickle, complicated, and always in flux, but emergency orders and ordinances brought this disorder to a new level during the
building repairs, and other expenses
pandemic, with rules, regulations, and
have continued to come due. As much
best practices changing on an almost-
I write to you as we close the second
as we would like to think that we’ve
weekly basis.
calendar year of the pandemic, and
weathered the pandemic and put it
what has largely been another diffi-
behind us, with a new COVID variant
Between virtual classes, legislative
cult year for rental housing providers.
recently identified in San Francisco and
and regulatory email updates, and free
While the pandemic has had signifi-
new regulations governing rental hous-
seminars from SFAA attorneys and lead-
cant effects on property owners, on
ing in effect through March 2022, we’re
ership, SFAA worked to produce even
renters, and on housing markets city-
by no means out of the woods yet.
more free educational and compliance
Dear SFAA members,
material for members in 2021. Virtual
wide, San Francisco’s rental market was particularly impacted, with rents
Although it’s been stressful and chal-
content allowed SFAA to reach more
dropping and vacancy rates rising
lenging, it’s not all doom-and-gloom.
members than ever over the past year,
faster than any other metropolitan
With businesses and tourist attractions
with several hundred property own-
area in the nation.
reopening, some offices bringing their
ers representing thousands of units
employees back on a limited basis,
citywide tuning in to view an impres-
After watching the rental market drasti-
rental assistance being dispersed, and
sive slate of virtual classes at the annual
cally dip in mid-2020 by up to 30% in
the market showing signs of a rebound,
SFAA trade show, seminars on rental
different neighborhoods, it was a relief
SFAA members have reason to be op-
assistance, new guidance on three-day
to see San Francisco’s rental market has
timistic as we look toward a new year.
notice regulations, and more. As we look
rebounded relatively well through 2021.
Even so, despite the expiration of rent
to 2022, legal and regulatory compli-
Though rents are not at pre-pandemic
increase freezes, eviction moratoria,
ance will remain an important theme for
levels, they’ve risen slowly through 2021
and emergency orders, as we look to
SFAA members to stay on top of.
as workers and residents who left the
provide housing and do business in
area temporarily during the pandemic
2022, it’s important to remember that
come back and look for decent deals on
the rental housing industry will not
Clear Communication and Conflict Resolution
apartments before employers mandate a
soon be returning to the pre-pandemic
2021 has also brought a new focus for
partial return to the office.
world as we knew it.
many in SFAA leadership. Emergency and court orders have made it abun-
14
The San Francisco Apartment Associa-
In this quarter’s President’s Report, I’d
dantly clear that evictions are only to be
tion is proud of its members, who have
like to give a brief overview of what
used as a last resort, especially during
provided safe, secure, sanitary housing
SFAA has been working on for mem-
a pandemic, and SFAA has focused its
for their renters during a pandemic,
bers over the past year and prepare
communications, education, and coun-
many without receiving any rent for
rental housing providers for the new
seling efforts on helping members com-
almost two years while property taxes,
year and beyond.
ply with regulations and renters’ rights,
JANUARY 2022 | SF APARTMENT MAGAZINE
THE JONES TEAM Ethical. Human. Local.
This is the Story of our recent sale at 552-566 Columbus Avenue. 1
JU
ST
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Historic building from 1909
LD Has been in the same family for over 50 years
2
Right in the heart of North Beach neighborhood 3 Versatile Mixed use property 4
Contact us for a complimentary valuation on your building — whether buying, selling, or executing a 1031 Exchange, we can advise you on strategy.
Terrence Jones
Isabelle Salvadori
Lic. #01343939
Lic. #01506910
Terrence@TerrenceJonesSF.com
Isabelle@TerrenceJonesSF.com
TerrenceJonesSF.com | 415.786.2216
415.596.0659
Senior Broker Associate
Real Estate Professional
SF APARTMENT MAGAZINE | JANUARY 2022
15
de-escalate conflicts, assert their rights in
complete applications for rental assis-
appeal of the buyout restriction ordi-
a non-adversarial way, and use proactive
tance. Although it’s been a long process,
nance and the commercial rent forgive-
communication, conflict intervention, and
rent relief dollars are now flowing to San
ness ordinance are still pending.
other mediation services when necessary.
Francisco property owners, eliminating
Of course, there are situations where a
millions of dollars of rental debt for ten-
To learn more about SFAA’s legal fund or
property owner must exercise their right
ants. Currently, the State of California is
make a tax deductible donation, turn to the
to evict for the good of other renters in the
seeking to recover additional funds from
sidebar on page 49.
building, but SFAA is working to encourage
states like North Dakota and Montana,
members to effectively deal with potential
which are states that will not exhaust
2022 Election Year
conflicts and issues proactively instead of
their appropriations. The Rent Relief
As we look to what next year looks like
allowing disputes to devolve into lawsuits.
program will continue to operate at least
politically, 2022 is an election year for San
through the first several months of 2022.
Francisco (again). Assessor-Recorder, the
Clear and constant communication has always been critical in property management and to help maintain a positive, productive, and healthy landlord-tenant relationship, but if there is one thing that this pandemic has made clear, it’s that good communication and conflict resolution skills are vital for property managers and rental housing providers. Communicating regularly with your tenants and being able to work through differences, compromise, and find common ground is a necessary tool for a productive and positive landlordtenant relationship. De-escalating conflicts isn’t always possible on your own, and SFAA has been pleased to work with Conflict Intervention Services (CIS), with the Bar Association of San Francisco. CIS is an innovative program that uses skilled mediators with diverse backgrounds in landlord-tenant law, psychol-
primary for AD-17, and a recall of School
The SF Apartment Association Board of Directors has endorsed a recall of all three school board members and is expected to endorse the recall of District Attorney Boudin if and when the recall qualifies.
ogy, mental health, and housing conflict. They are an excellent resource for helping
Legal Action
resolve disputes between you and your
2021 has also been a busy year for the
renters or among your renters.
San Francisco Apartment Association’s
COVID-19 Rent Relief
legal fund. SFAA sued the City on behalf temporary and permanent eviction mora-
was ensuring that the COVID-19 Rent
toriums for renters who had missed rent
Relief programs are workable and acces-
during COVID. The suit was unsuccessful,
sible for San Francisco property owners
but SFAA leadership felt it was impor-
and their renters. Very early on in the
tant to take a stand against the Board of
pandemic, SFAA was a leading advocate
Supervisors. SFAA’s legal fund also pur-
for governments to pass rental assistance
sued to appeal an ordinance that limits
instead of eviction moratoria. Months
a property owner’s ability to execute a
later, Congress and then the state of Cali-
buyout agreement with their renter. SFAA
fornia passed bills to appropriate funding
sponsored another lawsuit against the
to help renters pay rent and to reduce
City, seeking to strike down an ordinance
rental debt. SFAA has held free work-
that would create a rebuttable presump-
shops, answered questions, scheduled
tion that a commercial tenant who was
appointments, and offered office hours
required to shut down during COVID-19
to help property owners and their renters
was forgiven from paying rent. Both the
JANUARY 2022 | SF APARTMENT MAGAZINE
Lopez, and Fauuga Moliga will all appear on the February 15 ballot. A potential recall of District Attorney Chesa Boudin may also appear on a ballot later in the year. The San Francisco Apartment Association Board of Directors has endorsed a recall of all three school board members and is expected to endorse the recall of District Attorney Boudin if and when the recall qualifies.
In Closing While there’s been much stress and uncertainty in San Francisco and the rental housing industry over the past eighteen months, SFAA recognizes the sacrifices and difficulties many rental housing providers like yourself have endured. We’ll be here, continuing to work on your behalf at City Hall, in the courts, at the ballot box and by helping you navigate San Francisco’s myriad landlord-tenant rules and regulations. Onward. Charley Goss is the Director of Government Affairs at the San Francisco Apartment Association. He can be reached at Charley@sfaa.org.
of its members, attempting to strike down
Another main focus for SFAA during 2021
16
Board members Allison Collins, Gabriela
Be On Your A Game.
Sign up for SFAA classes at www.sfaa.org or by calling 415-255-2288.
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1077 Ashbury Street 11 Units | 8,657 SF
1885 Filbert Street 8 Units | 4,790 SF
1900 Page Street 9 Units | 9,827 SF
Mark Bonn
Mirella Webb
Managing Director
Senior Investment Advisor
415.225.8658 mark.bonn@compass.com lic.: 01008844
415.640.4133 mirella.webb@compass.com lic.: 01409540 www.bonnwebbteam.com
Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All materials presented herein is intended for informational Purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any descriptions. This is not intended to solicit property already listed.
SF APARTMENT MAGAZINE | JANUARY 2022
COMMERCIAL
Call us for a FREE and confidential valuation of your property or to consult about your real estate needs.
17
COLUMN
SURREAL ESTATE
Intimacy & Estrangement w r i t t e n b y J U S T I N A . G O O DM A N
How residential rental law punishes familiarity while demanding it.
W
That hypothetical interaction is absurd, but it’s only as bizarre as the regulations that create it. Keep in mind, a subtenant is, by definition, a stranger to the
hile I write this col-
was exempt from “just cause,” but the
landlord (from a contract perspective).
umn for the SF Apart-
pandemic prohibited owner-occupiers
But an occupant may be in “privity of
ment Magazine
from evicting their own roommates.
estate” even if not in “privity of con-
January 2022 issue,
Meanwhile, a 2020 opinion originating
tract.” So, if a master tenant attempts
I’m poised to take on the 2021 holiday
out of Oakland found that the rental of
to leave (normally triggering “vacancy
season. I have my booster shot, and I’ve
individual bedrooms in a single-family
decontrol”—the resetting of the rental
worn out my “pandemic excuses” for not
home essentially created “multi-unit”
rate), a subtenant claiming a possessory
spending time with family, so I’ll have
housing for the purpose of disqualify-
interest may still be in lawful occu-
to walk that fine line of authenticity and
ing the state law rent control exemption
pancy even without being party to the
Thanksgiving-friendly conversation
for condos and single-family homes.
contract. Their obligation to pay rent
topics—I’m sure like many of you. I’m
Our modern-day owner-occupying
for that occupancy would continue, and
reminded of the similar pressure put on
landlords might find it easier to move
vacancy control rules might prevent the
landlords to “sit down at the table” with
out their ex-spouse than a tenant
landlord from increasing the amount of
the the people who comprise the sec-
they’re not getting along with.
that obligation.
life—their tenants—where disagreements
Sadly, it’s never been a good idea for
This dynamic was a Catch-22: a landlord
may have a more lasting impact. The
landlords to get too close to their ten-
owes affirmative duties to attend to the
contemporary landlord-tenant relation-
ants. Early versions of the Rent Board
condition of the property any time there
ship compels intimacy, but it’s fraught
rules allowed a landlord to impose
is notice of a “habitability defect.” But
with tension.
a market rate increase to someone
rent control creates a strong incentive
who wasn’t a “tenant,” but defined a
for a tenant to remain over a long term,
San Francisco landlords come in all
“tenant” as “any tenant residing at the
and real property falls apart over time.
sizes, and historically, these kinds of
premises with the landlord’s permis-
A cautious landlord may want to err on
tensions didn’t affect small property
sion, toleration, passive consent, or
the side of regular inspections, but this
owners as much. Rent and eviction
per written or oral agreement with the
opens him up to “waiver traps,” learning
control has existed since mid-1979, but
landlord”—a broad definition, given the
unwanted information about their ten-
owner-occupied properties with four
forced relationship.
ant’s subletting, including the identity
ond-most indelible relationships in their
of the sublessees. (At least parents aren’t
or fewer units were exempt for the next
18
15 years. This distinction made sense
This rule (section 6.14 of the Rent Board
punished for knowing better than to
on many levels. Small property owners
regulations) concluded, for instance,
enter their teenager’s bedroom.)
have a more intimate relationship with
that a subtenant was a “tenant” (i.e., had
their tenants (akin to renting out a bed-
rent-control rights) if they “called the
By 1996, the Costa-Hawkins Rental
room in their home) where they might
landlord to make repairs in the unit.”
Housing Act did away with some of the
share chores, do favors, bargain over use
So, if a tenant invited their landlord to a
game-playing. It insisted that only “origi-
of common space, and forgive minor
BBQ, the landlord would obviously be
nal occupants” could inherit rent control
offenses, like members of any other
expected to bring a six-pack, but if he
from their master tenants. (Accepting
community. Proposition I (1994) saw the
placed it in the fridge and an unfamiliar
rent directly from a subtenant remains a
elimination of that exemption.
face told him the door wasn’t shutting
problem, but landlords were no longer
correctly, he should shove his fingers in
required to gaslight them into believing
Some exemptions remained. A landlord
his ears and run away while yelling, I
who rented rooms in their own home
can’t hear you!
JANUARY 2022 | SF APARTMENT MAGAZINE
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19
Above & Abode
Using the Housing First method, Abode Services combines housing, programs, and services to end homelessness in our community. Wr i t t e n b y A B O DE S E RV IC E S
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JANUARY 2022 | SF APARTMENT MAGAZINE
Photography courtesy of Abode Services
SF APARTMENT MAGAZINE | JANUARY 2022
21
At Abode Services, we believe everyone should have a home.
growth in response to the region’s housing and homelessness
The message sounds simple but the journey toward that goal,
crisis, we now operate dozens of programs that aim to rehouse
especially during the Bay Area’s ongoing housing crisis, can
people in need as quickly as possible. The combination of hous-
be complicated.
ing programs and wraparound social services forms the core of our successful methodology.
We have long aimed to reach that goal through innovation and a dogged pursuit of our mission—to end homelessness in
Abode’s social services department coordinates health and
our community.
supportive services for participants in shelter and supportive housing programs, offering comprehensive on-site assistance.
More specifically, we aim to (1) assist low-income, unhoused peo-
Abode has also cultivated strong relationships with local service
ple to secure stable, supportive housing, and (2) to be advocates for
providers to connect participants to additional services. The
the removal of the causes of homelessness.
on-site services that we provide at housing sites include job training, parenting classes, financial literacy, health education
The result? We’ve become the Bay Area’s largest provider of hous-
and activities, computer training, and case management, among
ing and services to homeless individuals and families, assisting
many others.
thousands of children and adults each year through a nexus of housing and social services.
Proven Successful Results Housing First is a proven strategy that has demonstrated results
Established in 1989, Abode started out as a small group that
far superior to past approaches to addressing homelessness. Pro-
focused primarily on southern Alameda County. Since then,
grams of this nature have an excellent record in helping formerly
Abode has grown into a
homeless people gain and
large, regional anti-poverty
keep permanent housing,
organization in six Bay Area counties: San Francisco, Alameda, Santa Clara, San Mateo, Santa Cruz, and Napa. Last year, Abode assisted 10,531 individuals and en-
“When landlords partner with us, they reap the rewards of doing good for their community, and also see a return on their investments.”
and have been shown to be more cost-effective than other strategies. The proof is in the numbers for Housing First and permanent supportive housing.
sured that on any given night 6,844 people slept in a safe, stable home rather than on the street.
Housing First was found to reduce the cost of assisting a chroni-
We served more than 800 military veterans last year and helped
cally homeless person by up to nearly 70 percent per year per
more than 2,300 children. In addition, more than 1,650 people in
person, according to a recent study by McGill University in Mon-
our programs exited into permanent housing.
treal. The report found that “investing in Housing First for people struggling with homelessness and severe mental illness is the most
And since 2010, Abode has placed more than 16,300 individuals
cost-effective way of spending limited public dollars to help these
into permanent housing.
individuals regain and keep permanent housing.”
Housing First
In addition, a recent UC San Francisco study reveals that permanent
Our agency is built on the principles of Housing First, which finds
supportive housing—which provides subsidized housing paired
that once one gains stability from having a roof over their head, the
with counseling, mental health care, substance use counseling, and
services that follow are much more effective at helping that person
other services—is very successful at helping chronically homeless
keep their housing and stay on the path of pursuing their goals.
individuals keep their housing and escape homelessness.
Housing First is all in the name: The solution to homelessness
The study tested the efficacy of Project Welcome Home, a per-
is housing.
manent supportive housing program provided by Abode Services in partnership with Santa Clara County. Researchers found
Housing First provides security to individuals and families by pro-
that 86 percent of the program’s participants were successfully
viding the basic human need for shelter. For example, children who
rehoused and, on average, participants remained housed for 93
are homeless might understandably flounder at school, but that
percent of the time they were in the study.
same child has a much better chance to improve their studies once they have the stability and privacy of a home.
“It works. It improves people’s lives. It keeps people housed,” said Dr. Margot Kushel, a co-author of the study and director of the
As a Housing First agency, our programs are designed to connect
UCSF Benioff Homelessness and Housing Initiative. “It ends home-
participants to housing as quickly as possible. As part of our
lessness. Full stop.”
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JANUARY 2022 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | JANUARY 2022
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JANUARY 2022 | SF APARTMENT MAGAZINE
Landlords and Property Owners Our efforts would fall short without the participation of the amazing landlords and property owners with whom we partner. These landlords provide units of housing for individuals and families looking for a place to plant their feet and make a fresh start. “When landlords partner with us, they reap the rewards of doing good for their community, and also see a return on their investments,” said Louis Chicoine, Abode Services’ chief executive officer. “A huge portion of Abode’s work cannot be done without local housing providers who are willing to work together to house our neighbors.” Abode leverages millions of dollars in public and private funding to provide rental assistance and services that have kept thousands of adults and children stably housed. We provide financial and technical assistance, as well as in-person support to ensure a smooth and mutually beneficial housing process. In return for providing valuable units for our participants, the range of services and incentives that we offer landlords include: • Free assistance finding and screening tenants who seek long-term, stable housing; • On-time payments paid directly to landlords; • Assigned and on-call Abode Services staff to respond to landlords’ concerns; • Higher security deposits; • Free inspections to keep units up to date with housing quality standards; • An opportunity to use their properties and investment to
SF APARTMENT MAGAZINE | JANUARY 2022
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JANUARY 2022 | SF APARTMENT MAGAZINE
make financial returns and a positive, lasting impact on the lives of our vulnerable neighbors. The property owners with whom we have partnered have found the arrangement beneficial—whether by improving their business or bolstering their sense of social equality. For Anthony, a South Bay property owner, helping formerly homeless people find housing has become a passion. Anthony enjoys helping those in need, in general. However, those efforts intensified in the wake of a family tragedy. His brother Vincent experienced homelessness before passing away from prescription drug addiction—years before it became a national epidemic. Rehousing struggling people and giving them a second chance has been therapeutic for Anthony. In short, he has honored the memory of his late brother by rehousing formerly homeless people and compiling a high number of leases with Abode programs. Jon and Jennifer are Bay Area landlords who also have partnered with Abode. When they saw skyrocketing rents price friends out of the Bay Area, they decided to build an in-law unit in their house so they could rent to someone in need of a home. “We felt we had space to spare,” Jennifer said. “So, we said, ‘Let’s share it.’” But when the home renovation turned costly and complicated, Abode staff members offered expertise and professional contacts. Abode helped them in a wide variety of other ways, such as finding them reliable contractors, paying the move-in deposit for their tenant, and negotiating the monthly rental cost. Lastly, Jon and Jennifer say they enjoy the good feeling they get from helping
SF APARTMENT MAGAZINE | JANUARY 2022
27
FOR SALE
SOLD
NOPA | Mixed-Use | $2,495,000
Ashbury Heights | 11 Units | $4,800,000 In association with Nick Bonn
SOLD
FOR SALE
Marina District | 21 Units | $9,650,000 In association with Gino Franco
Marina District | 9 Units | $4,400,000 In association with Gino Franco
Fantastic Buildings. Unique Transactions. There is a unique story for each of these properties. For detailed information on these buildings, market conditions, soft story issues, or an estimate of value for your property, please call. We look forward to speaking with you.
Offices Throughout the U.S. and Canada
28
JANUARY 2022 | SF APARTMENT MAGAZINE
www.MarcusMillichap.com
Specialization • Expertise • Results
FOR SALE
Twin Peaks | 6 Units | $2,850,000
FOR SALE
Marina District | 12 Units | $5,950,000
In association with Matt Healy
In association with Gino Franco
Outer Sunset | 37 Units | $9,950,000
FOR SALE
In association with Nick Bonn
Duboce Triangle | 6 Units | $2,300,000
SOLD
In association with Luke Anastasi & Gino Franco
To access the investment market, contact the market leader.
Sanford Skeie
Senior Vice President Investments National Multi Housing Group (415) 625-2153 sandy.skeie@marcusmillichap.com License: CA: 00982336
Clinton Textor
Senior Vice President Investments National Multi Housing Group (415) 625-2157 clinton.textor@marcusmillichap.com License: CA: 01318639
www.MarcusMillichap.com
SF APARTMENT MAGAZINE | JANUARY 2022
29
to “provide a home for people around
Our developments and renovation projects
hotel as part of Project Roomkey, the state
here who need affordable housing.”
provide quality affordable housing that
program that quickly rehoused homeless
They’re grateful for Abode for helping
supports resident well-being—and that of
individuals during the COVID-19 pan-
them do just that.
the community at large. Those efforts are
demic. With Abode’s help, they have since
also helping to address the state’s crisis-
moved into permanent supportive housing
“Abode provided the necessary support in
level housing shortage. We look forward to
and are raising their infant, Malcolm Jr., in a
all steps of the process,” Jon said.
developing even more supportive housing
safe, stable home.
sites to help us fulfill our mission.
Innovation and Development
There are many other Abode participants
With Housing First in mind, Abode has re-
Our Participants and Clients
like these formerly homeless individuals
fused to rest on its laurels. Instead, we have
Abode Services assists a wide range of
and families whose personal stories detail
aimed to innovate and work creatively to
people, including children, adults, families,
the journeys they have made from home-
find new, efficient methods to end home-
veterans, chronically homeless individuals,
lessness into a home.
lessness. Abode has increasingly sought
and more. By employing the Housing First strategy, as
to develop our own permanent supportive housing sites, relying on our support-
One such individual is Chris, a Bay Area
well as using innovation and hard work to
ive housing development entity, Allied
man who has consistently responded with
assist thousands of people in need, Abode
Housing, to build new homes and convert
grace and courage when faced waves of
Services continues to persistently combine
existing buildings to provide housing and
adversity. He suffered brain damage from a
housing, programs, and services to end
services for those in need.
childhood car crash but made a nearly full
homelessness in our community.
recovery. As an adult, he persevered after It has been a successful endeavor. Allied
testing positive for HIV, and worked full-
Housing’s list of supportive housing devel-
time jobs as an educator until budget cuts
opments is growing.
led to layoffs that slashed his income. While
For more information about Abode Services, please visit us online at abodeservices.org.
searching for work, he lost his apartment We recently broke ground on Depot Com-
and later his car. He self-medicated to cope
munity Apartments, which will feature
with his spiraling anxiety and he devel-
nearly 125 studio homes in Hayward.
oped a substance addiction. When he hit
Construction has started on what will be
rock bottom, he got connected to Abode.
the city’s first all-electric development.
Once he found housing, he stopped abus-
Calabazas Community Apartments will
ing drugs, his life stabilized, and he began
soon feature 145 studio homes in Santa
his comeback. He has kept his housing,
Clara. City Center Apartments will be a 60-
remained clean and sober, and now holds a
unit veteran-focused development that will
full-time job.
RHINO
open soon in Fremont. Parkmoor (HUB) is a San Jose site that has been approved
Anthony is a product of the foster care
to offer a youth service center and 81 units
system. As a teen with no role models, he
of supportive housing. Laguna Commons,
fell in with a bad crowd and had several
a 64-unit complex that rehouses veterans
brushes with the law, which resulted in
and others who have experienced home-
incarceration in juvenile hall. As he entered
lessness, was co-developed by Abode in
his 20s, Anthony experienced homeless-
Fremont in 2016.
ness. A youth program referred him to Abode, which provided him a home cou-
Abode has also rehabilitated a growing
pled with job-training courses and coun-
number of existing structures, converting
seling services. He began making time to
them to supportive housing for formerly
follow his dreams of songwriting and cre-
homeless households, veterans, families,
ative self-expression. Anthony soon gained
chronically homeless individuals, and other
a full-time job, as he enjoyed the feeling of
vulnerable groups.
self-sufficiency and a renewed sense of accomplishment. He has kept his housing and
Verona Hotel in San Francisco, Fruitvale
has stayed on a positive course.
Studios in Oakland, and Casa de Novo in San Jose are just a few of the existing build-
Abode clients Malcolm and Michelle lost
ings that we have converted into supportive
their jobs and then their housing in early
housing sites.
2020. They found shelter in an Oakland
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JANUARY 2022 | SF APARTMENT MAGAZINE
(833) 711-3400 info@lllegalassistance.com www.lllegalassistance.com
Multi-family residential property sales among top 7 brokers in San Francisco in units sold over 5 quarters* 300 250 200 150 100 50 0 — Other San Francisco Brokerages — * Unit sales volume, transaction-side sales reported to SFARMLS, 1/1/20 –3/31/21, per Broker Metrics as of 4/4/21. Sales reported to MLS: Not all sales are reported.
5+ Unit multi-family property sales in units sold over 5 quarters* among top 7 brokers in San Francisco 60 50 40 30 20 10 0 — Other San Francisco Brokerages — * Unit sales volume, transaction-side sales reported to SFARMLS, 1/1/20 – 3/31/21, per Broker Metrics as of 4/4/21. Sales reported to MLS: Not all sales are reported.
SF APARTMENT MAGAZINE | JANUARY 2022
31
A Class Act Leadership San Francisco’s mission is to develop leaders and to strengthen our city through community service. Read on to learn more and get involved.
Wr i t t e n b y NOR A B OX E R Photo courtesy of T E N DE R L OI N N E IGH B OR HO O D DE V E L OPM E N T C OR P OR AT IO N
Right: The Leadership SF Class of ‘92 partnered with the TNDC and Hilton Hotel to raise more $200,000 to launch the Tenderloin After-School Program, which is still operating today. (This photo was taken pre-COVID. Now, masks are required indoors to keep staff, volunteers, and children safe.)
32
JANUARY 2022 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | JANUARY 2022
33
SF Apartment Magazine sat down with Dianne Easton, Execu-
of focus—almost every class selects topics and issues that are rel-
tive Director of Leadership San Francisco and fourth-generation
evant to today’s concerns.
San Franciscan, to talk about the organization’s ten-month program, which focuses on cross-sector collaboration and commu-
Each class has a strong voice in what they wish to focus on. In the
nity trusteeship.
early ’90s, we shifted to a participant-designed model. At the initial
SF Apartment Magazine: Hi, Dianne! Can
ate a process whereby they identify eight out of ten monthly topics
you tell our readers more about the Leadership San Francisco program? What’s most important to know?
Dianne Easton: The mission of Leadership San Fran-
two-day retreat, 60 to 70 people who have just met each other crethat relate to the concept of community trusteeship. Then, every member of the class signs up for a planning committee on one of the topics. In their small groups of eight to ten, members of the class work closely with myself and with alumni advisors to create
cisco (LSF) is to develop leaders, and to strengthen and transform
an agenda for their day. Together, we work to identify speakers;
our city through community service. We do this through a few
build in case studies; and plan interactive experiences such as field
channels, but the core of our work is our annual, ten-month-long
trips or site visits. The whole larger class cohort will experience and
signature Leadership SF program, which offers admission by ap-
participate in each of these planned days.
plication. We seek both emerging and established leaders from the corporate, nonprofit, and public sectors; and people from diverse
In the first two months, September and October, the topics are
gender, ethnic, and cultural backgrounds to come together in our
trusteeship and government. The rest of the topics are unknown to
leadership program. Working with a very diverse group of indi-
any of us until the retreat.
viduals is our goal—we want to attract a broad representation of our community in terms of how we define leadership in San Francisco. The program was launched by the San Francisco Chamber of Commerce in 1985, and now operates as a nonprofit affiliate under
Working with a very diverse group of individuals is our goal—we want to attract a broad representation of our community in terms of how we define leadership in San Francisco.
Our goal with this learning model is to get participants leading and collaborating right from the start! By virtue of the process, everybody is fully engaged in the experience, rather than coming once a month and listening to “talking heads.” It also means that every class is different—and by this I mean,
the Chamber’s Foundation. We’ve had close to 2,000 people from various business
for example, that for 30 years we could have a day focused on trans-
and community sectors go through the program. San Francisco
portation, and yet each year would be different, because there are
Apartment Association staff and board have participated in
different people planning it, and the issues and the players change
Leadership SF! SFAA Deputy Director Vanessa Khaleel was in
along with the times.
the class of 2020; SFAA Government and Community Affairs Manager Charley Goss went through in 2018; and SFAA and CAA
SFAM: You mentioned “community trusteeship.” How is that
board member Bert Polacci—who sits on our board as well—was
concept defined by the organization?
LSF class of 2004.
Easton: We define “community trusteeship” as the ambition to
We also have special events and community projects, so there
work for the common good and serve the primary needs of others
are a variety of opportunities for people to be engaged and
by holding the community in trust. Becoming a community trustee
involved. Our work is supported by our alumni and also sup-
is less a specific skill to be mastered than the acceptance and active
ported and sponsored by leaders in businesses, nonprofits, and
pursuit of a new way of interacting with the community. It means
the public sector.
purposely seeking a wider span of awareness.
SFAM: Walk us through what participation in the
SFAM: Who are some of the people that have come in and
Leadership SF program might look like.
helped you facilitate?
Easton: The program runs September through June, with an
Easton: David Chiu, who is our new City Attorney, and who
initial two-day overnight retreat, followed by ten full-day monthly
before that, served on the State Assembly and was president of the
sessions. Each session focuses on a specific area of civic life, such
San Francisco Board of Supervisors, is an alum. He was a member
as government, housing, transportation, jobs, health, education,
of the LSF class of 2003 back when he was a small business owner.
regionalism, nonprofit organizations, media, and beyond. Racial
He comes back every year for our day on housing. That’s been one
equality, environment, and climate issues have been recent areas
of his key issues; he’s always going back to his early years as an
34
JANUARY 2022 | SF APARTMENT MAGAZINE
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advocate, and so we do a special two-hour exercise called “Let’s
families to install a rooftop garden with an irrigation system. That
Make a Deal,” which he created when he went through LSF as a
was more of a do-it-in-a-day-style project, although of course, creat-
planner for the day on housing. It’s a role-playing exercise around
ing partnerships, getting supplies donated, and the like requires
urban planning, advocacy, budgeting, and negotiation in regard to
advance planning.
a mock city block. I think of David as an example of the evolution of somebody who went through LSF, saw the value, and continues
These two projects always come to the top of my mind as really
to support the organization.
successful efforts. You can read more about past class projects at leadershipsf.org/classProjects.htm.
Additionally, Ben Rosenfield, the San Francisco City Controller, comes every year in October to our day on government, and
SFAM: What else would you say has emerged as a result of the
facilitates a budgeting exercise that’s about various City depart-
Leadership SF Program?
ments. He and his team also are really essential in identifying the speakers that we have.
Easton: One thing I’ve always loved about the program is the fact that it would be very unlikely that most of these people would
We think it’s amazing that these high-profile people with large
cross paths with 90% of the group. You know, even though San
responsibilities devote so much time to LSF every year. I’m always
Francisco is a small community, we are really working to bring in a
kind of in awe of how people
diverse group of people, and
see the value in, and enjoy,
the beauty of that is in some
facilitating others’ growth on their various paths of community trusteeship.
SFAM: What are some of the projects and initiatives that have come about via your leadership cohorts?
Easton: Each class creates a project at the completion of their year. Some have gone on to be very long-
As we come out of the pandemic, it’s an excellent time to strengthen our relationship to community trusteeship and to each other. The city is amid change and new ideas, and we need to support leaders and cross-sector collaboration more than ever.
of the outcomes; some of the residuals. There are so many relationships that have developed—personally, for sure, and business-wise as well. One example that stands out in my mind—there’s an article about it on our website if you want to know more (leadershipsf.org/LSF_news. htm)—is that Lynn Bunim, who was with Pac Bell at the time, was in Leadership SF in
term, high profile, successful projects, and some have been do-it-in-a-day projects. Most often the
1988 with Larry Baer. The ballpark is in some ways a part of the two
projects involve partnering with an existing organization.
of them meeting through the program, and the sponsorship from Pac Bell back then.
The Class of ’92 was one of the most impressive and successful. They had done a day on homelessness where they walked through
Another example would be the Northern California Carpenters
the Tenderloin and learned there was no school in the neighbor-
Regional Council (NCCRC). Their recently retired executive officer
hood—so they met with the Superintendent of Schools, but realized
went through the program in ’99 and felt it was of such great value
it wasn’t a doable thing for them to accomplish to create a school.
that he has continued to put one or two people through every year.
So from there, they partnered with the Tenderloin Neighborhood
Now, the person that has the executive position is on the Leader-
Development Corporation (TNDC) and with the Hilton Hotel, and
ship board, and a strong advocate of the LSF experience, continu-
raised more than $200,000 in 14 months to launch the Tenderloin
ing to bring in carpenters.
After-School Program, which continues to exist under the TNDC. It provides a recreational, social, and educational experience for
And the Carpenters mix with Recology people, people from the
young people in the neighborhood. There was an architect in that
private sector, from law firms, financial institutions, small busi-
class, and he redesigned the space, which was the old Connie’s Bar.
nesses, nonprofits—it’s just a mix. It’s also not all people in their
We had somebody with Pac Bell in the class, and she got comput-
20s and 30s who could be defined as “emerging leaders.” We have
ers donated. People came down and painted and redid the whole
people in their 50s and 60s who have established careers and have
structure—not only people from the LSF class, but their families,
different reasons for applying and participating.
friends, and coworkers. Over 25 years later, the space still exists and serves its intended purpose.
Again, this all goes back to my point that it’s unlikely that a lot of these people would ever cross paths otherwise, but that there
We also had a class that partnered with Raphael House, which is
can potentially be great synergy and expansion of perspective
a housing facility that serves families, and worked alongside the
to be found. We’ve had collaborations emerge; people who have
36
JANUARY 2022 | SF APARTMENT MAGAZINE
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become board members for other LSF class members’ organizations; people who feel they are able to make a stronger difference together.
SFAM: If people are interested in applying, what are the steps they should take?
Easton: The next class cohort will start in September 2022, and run through June 2023. Applications will go online in February 2022 at our website, leadershipsf.org, and the admitted class members will be announced in June 2022. What we are looking for in the application is a demonstration of commitment to the San Francisco community. The application is seven pages long, with three to four very brief essay questions. Each year we do offer a limited number of partial tuition scholarships; some are under the LSF umbrella; some are from alums who donate to ensure that people from their sector go through the program; and some are designated
Tape and Bag Lithium Batteries What should you do with old lithium batteries? A big part of the answer is clear tape. Old lithium batteries may no longer have the power to run devices, but they can still release energy though their contact points. Lithium batteries that are not taped can cause fires in collection trucks and recycling facilities, and harm workers. • • •
Place clear tape over the contact points of used lithium batteries.
scholarships, which vary year to year. If you happen to be reading this prior to our new application being live and online, or if you have questions, feel free to contact me directly at deaston@leadershipsf.org.
SFAM: You mentioned other community events you’ve done outside of the leadership program—can you tell us about those?
Easton: We’ve had many, many special events, such as Celebration of Leadership and Step Up to the Plate out at the
Put taped lithium batteries in a clear plastic bag, and seal it shut.
ballpark—where the entire event is on the
Place the bag on top of your landfill bin. Recology will collect the bag, sort the batteries, and safely ship them to companies that specialize in battery recycling.
Forum, which was a virtual, five-part series,
field with just our attendees. This past year we ran the LSF Community Connections and we did the LSF Silver Lining virtual comedy show back in March. We’ve done fireside chats, and are looking to reinstitute a version of an all-day forum on public/ private partnerships that we’ve run at the Moscone Center in the past.
A Class Act… continued on page 68
38
JANUARY 2022 | SF APARTMENT MAGAZINE
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40
JANUARY 2022 | SF APARTMENT MAGAZINE
Piece of Work written by
M A RG A R E T J . GROV E R
Everything you need to know about the new employment laws of 2022, which focus on compensation, COVID-19 notification requirements, and non-disclosure provisions. Minimum Wage Increases Effective January 1, 2022, the California minimum wage will increase to $14.00 per hour for employers with 25 or fewer employees. Employers with 26 or more employees must pay at least $15.00 per hour. But employers in the Bay Area must also determine whether the jurisdiction where their employees work has a separate minimum wage requirement. Below are some of the minimum wage requirements for Bay Area cities:
San Francisco Emeryville Oakland Daly City Richmond San Jose
$16.32 per hour (increases annually on July 1) $17.13 per hour (increases annually on July 1) $15.06 per hour $15.53 per hour $15.54 per hour $16.20 per hour
The lodging credit that can be taken by building owners and management companies is tied to California’s minimum wage. Effective January 1, 2022, employers with 25 or fewer employees may use lodging credit of up to $790.67 per month to satisfy their minimum wage requirements. The lodging credit available to employers with 26 or more employees is $847.12 per month. These amounts are based upon a single employee who obtains a free apartment. The amounts are higher if two members of a couple are employed and lower if the employee lives in a room, rather than an apartment. Employers must remember that lodging credit is available only when the employee pays nothing for the apartment.
Small Employers Covered by Retirement Contribution Mandate California employers must offer a payroll deposit retirement savings plan. Employers with five or more employees must have their plan in place and registered no later
SF APARTMENT MAGAZINE | JANUARY 2022
41
than June 30, 2022. Failure to do so may
active duty or call to covered active duty of
potentially exposed employees may be
result in penalties.
an employee’s spouse, domestic partner,
entitled, including sick leave, COVID-19
child, or parent in the Armed Forces of the
special leave, possible claims under
United States.”
workers’ compensation, COVID-19-re-
The employer does not need to contribute
lated leave, and antiretaliation and
to the employees’ retirement savings. In
antidiscrimination protections.
addition, employees must be automatically
Although the leave is without pay, the em-
enrolled in the retirement savings plan,
ployee may use any accrued paid time off.
but may opt out. Typical 401(k) plans and
In addition, the employer must maintain
other Internal Revenue Service approved
any group medical coverage it provides
ing and disinfection plan that the em-
retirement vehicles are sufficient to meet
for the duration of CFRA leave. If the em-
ployer is implementing.
the statutory requirements. In addition,
ployee pays a portion of the premium for
California has established the CalSavers
the coverage, it is advisable to obtain the
Retirement Savings Program, a simple pro-
employee’s contribution before the start
ployees who have, or who may have,
gram designed to allow employers to create
of the leave, as the employee may not be
COVID-19.
a retirement savings plan without any fees
receiving a wage check from which to de-
to the employer. For more information, visit
duct the contribution.
• Contain information about the clean-
• Not identify the employee or em-
All employers are to notify their workers’ compensation carrier when employees test
calsavers.com. To be eligible for CFRA leave, the employee
positive for COVID-19. In addition, an em-
Mandatory Employment Arbitration Agreements Prohibited
has to have worked for the employer for
ployer that learns of a COVID-19 outbreak
more than 12 months and to have worked
must notify the local public health agency
A law that was scheduled to become effec-
at least 1,250 hours in the 12 months prior
of the outbreak. Finally, if a COVID-19-
tive on January 1, 2019 prohibited employ-
to their leave. The 12 months of work need
related illness meets the requirements of
ers from requiring that employees agree to
not be consecutive.
Occupational Safety and Health Administration reporting, (death, days away from
arbitrate employment disputes as a condition of obtaining or holding a job. A federal
The following family members are covered
work, medical treatment beyond first aid,
district court enjoined enforcement of the
by the CFRA: spouse, domestic partner, par-
etc.), the employer must include the illness
law, but the Ninth Circuit has now ruled
ent, child (including adult children), child
on their Log 300 report to Cal-OSHA.
that the law can be enforced.
of a domestic partner, grandparent, grandchild, sibling, or parent-in-law. The change
As a result of the recent Ninth Circuit decision, employee arbitration agreements
for 2022 is the addition of parents-in-law.
Records Retention Requirements Increase California employers are now required
fective. While employers are free to request
COVID-19 Notification Requirements Clarified
that employees agree to arbitrate disputes,
An employer that receives a notice of po-
referral records must be kept for four years
they cannot condition employment on such
tential exposure to COVID-19 is required to
after the records are created or received.
an agreement. In addition, if the employee
notify all employees who work at the same
This requirement applies to both individu-
or prospective employee declines, the
worksite that they may have been exposed
als who are hired and individuals whose
employer may not retaliate against that in-
to COVID-19. The notice must be sent
applications are rejected. Rejected ap-
dividual. To have an enforceable arbitration
within one day and must:
plications are critical when the employer
entered after January 1, 2019 may not be ef-
provision, employers must explain that the provision is optional and provide the em-
to keep employment records for at least four years. Applications and employment
is sued for alleged discriminatory hiring • Be a written notice in both English and
practices. Many employers find it useful to
ployee or applicant with options to accept
the language understood by the major-
create a folder of all applications and other
or reject arbitration.
ity of the employees. Notice should
records received in connection with each
Expansion of Leave Under the California Family Rights Act
be provided in a manner the em-
position filled. That allows the employer
ployer normally uses to communicate
to determine when it is safe to destroy or
employment-related information and
dispose of all documents relating to the
Under the California Family Rights Act
may be posted, delivered in person,
hiring determination.
(CFRA), employers with as few as five em-
or sent through email or text message.
ployees are required to provide up to 12
The delivery method must be one that
Disputes have arisen over whether an em-
weeks of time off for an employee’s own
can reasonably be anticipated to be
ployer must maintain unsolicited applica-
serious medical condition or when the
received by the employee within one
tions. The safest course of action is to mark
employee is needed to provide care for a
business day of being sent.
the application as unsolicited, note the date
family member with a serious medical condition. CFRA leave may also be taken for “a qualifying exigency related to the covered
42
JANUARY 2022 | SF APARTMENT MAGAZINE
• Contain information about COVID19-related benefits to which the
Piece of Work… continued on page 72
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43
COLUMN
LEGAL Q&A
Anybody Home? w r i t t e n b y VA R IOU S AU T HOR S
Use discretion and caution when performing a wellness check, and exercise utmost diligence in trying to locate a tenant when commencing the belief of abandonment processes. Q. I have not received rent from case of an emergency, but clearly a hous-
a tenant in a couple of months. Nor has he responded to emails or phone calls, so we have had no communication. Should I check to see if he is okay?
A. The short answer is “yes,” you
ment procedure. For starters, the shelterin-place orders have compelled many people to temporarily relocate outside of the area. Indeed, while many offices remain closed, there is a segment of the populace that remains away. In addition, the pandemic has spurred
ing provider should never abuse this
several rent relief and abatement laws,
privilege. When performing wellness
meaning residents and owners are af-
checks, knock first and clearly announce
forded the ability to obtain rent pay-
yourself. Do not barge in. When you
ments through March of 2022 from the
enter, respect the resident’s privacy,
government. Thus, residents are often
meaning: just look around to ascertain
excused from personally paying rent for
if someone is injured or is otherwise
much of the past two years.
should do a wellness check. Sadly, due
incapacitated. Do not use the occasion
in part to the unprecedented pandemic
to snoop around or to video the interior.
Another consideration in today’s world
shutdown, there has been an uptick
If you discover an unfortunate occur-
is that electronic communication and
in suicides and natural cause deaths
rence, promptly contact the police and
social media platforms allow us to find
because of widespread and prolonged
other appropriate first responders.
folks more readily than in past decades. As such, owners are urged to make and
isolation. And in today’s society, many
44
Be careful before utilizing the abandon-
folks live alone and have no one look-
Now, what if the residence appears to
exhaust every good faith effort to locate
ing after them. Property managers will
be abandoned? Under state law, if you
missing tenants before declaring the
tell you that finding deceased persons
have a legitimate belief that the resident
housing as abandoned.
inside rental housing is becoming more
has permanently moved out and rent is
and more commonplace. For obvious
at least fourteen days in arrears, there
In closing, be smart and practical. Dur-
reasons, the quicker a passing is discov-
is a notice that may be delivered to the
ing COVID, many in our community
ered the better this situation resolves for
premises informing the resident to con-
were living elsewhere and for whatever
all involved.
tact you within eighteen days with an
reason did not inform their landlord.
affirmation as to whether or not aban-
That said, some people die alone or be-
Housing providers often ask if such
donment has in fact occurred. If you
come imperiled. Use discretion and cau-
entries are permissible. This author
hear nothing in response to this notice,
tion when performing a wellness check,
believes that a good faith belief of a
you may be able to retake possession.
and exercise utmost diligence in trying
possible passing or, more importantly,
But remember, a unit is not abandoned
to locate a tenant when commencing the
someone being physically imperiled
if anyone, including subtenants, are
belief of abandonment process.
does justify an emergency entry. State
living there or if furnishings and other
law permits immediate entries in the
indicia of occupancy remain.
JANUARY 2022 | SF APARTMENT MAGAZINE
—Dave Wasserman
1335 McAllister St 6 Units | Hayes Valley
611 Minna St 12 Units | South of Market
1678 Grove St 6 Units | North Panhandle
635 Page St 6 Units | Lower Haight
85 Woodward St 6 Units | Inner Mission
669 Ellis St 14 Units | Downtown
436 Tehama St 5 Units | South of Market
1433 Chestnut St Marina Duplex
2131 Grove St 5 Units | North Panhandle
54 Auburn St Nob Hill Triplex
1381 45th Ave Outer Sunset Triplex
1949 15th St Mission Dolores Triplex
SF APARTMENT MAGAZINE | JANUARY 2022
45
Q.
There is a large, beloved oak tree on my property, and the property management firm of the property next door had it cut back significantly without asking my permission or even giving me notice. My tenants and a few disgruntled neighbors have complained to me. I don’t want to look a gift horse in the mouth, but is this legal?
sounds like this action was taken unilater-
with the operation of the detectors in
ally and without any notice from the adja-
the future.
cent property owner. A subsequent inspection is recommended Your question, however, is whether you
after the installation of the new detectors in
should speak up and assert yourself. It
order to verify they are still operating.
sounds like you might have claims. However, if your tree was trespassing, they
Should the tenants continue to persist in
might have claims too. Assuming your tree
disabling or removing the detector, a 3 Day
is no worse for the wear, a better use of
Notice to Cure or Quit would then be ap-
your resources may be to have an arbor-
propriate. The notice should cite Code Sec-
ist evaluate tree growth going forward, to
tion 13112.7 as well as any relevant clauses
tious. It’s also quite fact-specific. It matters,
maintain your valuable landscaping in a
in the lease requiring compliance with laws
for instance, if the oak tree’s trunk was
manner that puts you on the right side of
and/or maintaining the premises in a safe
entirely on your property (or partly on
the tree dispute ordinance going forward.
condition. Because detectors are required
A. “Tree law” can be surprisingly conten-
to safeguard the health and safety of the
the neighbor’s), if they only cut branches —Justin A. Goodman
(and cut them only to the property line) as opposed to roots, if they had preexisting rights to sunlight and views that became cut-off by the growing tree, and if the tree (though diminished) will survive. Generally speaking, a tree is a part of real property. If the trunk is entirely on your property, then it is entirely your property. But if the branches or roots grow over the line, they commit trespass (and your
Q. While performing routine
maintenance in a unit, I noticed the tenants had removed or disabled all of the smoke and carbon monoxide detectors. How should I proceed to protect myself and my building?
A. California Health and Safety Code Section 13113.7 requires owners of dwell-
neighbor can trim so long as he doesn’t
ing units to install and maintain smoke and
kill the tree). If the trunk straddles the
carbon monoxide detectors.
property line, the tree belongs to both of you (and cannot be cut without consent).
Paragraph (f) of said statute specifically
If your neighbor trespassed to cut a tree
holds the owner responsible for testing and
whose trunk was entirely on your prop-
maintaining these devices in the property.
erty, or cut back a shared tree and killed
A violation is punishable as an infraction.
the tree, you likely have claims against your neighbor/the management company.
Section 13113.7 further requires that the
(Enhanced damages may also be available,
tenants shall be responsible for notifying
as is appropriate for an already-stressed
the manager or owner if the tenants be-
neighbor dispute.)
come aware of an inoperable smoke detector within their unit.
San Francisco also has a Tree Dispute Resolution Ordinance, designed to navigate
If the landlord is aware that the tenants
the benefits and burdens of tree growth in
have removed or disabled the smoke and
determining which restorative actions may
carbon monoxide detectors, the landlord
be appropriate. Assuming the complaining
should immediately replace the detec-
party follows proper procedures, an arbi-
tors. This is necessary for the safety of
trator or judge will weigh concerns (like
the building occupants and to protect
fire danger, the danger of falling limbs
the landlord from liability for injuries or
or trees, and degree of interference with
damages that may arise from the lack of
sunlight or views) against the tree’s value
functioning detectors.
(for things like soil stability, visual/audio/ wind screening and wildlife support). This
The landlord should also provide written
procedure, however, requires adherence
notice to the tenants warning them of the
to several preliminary protocols, like sub-
dangers posed by their actions as well as
mission of a “tree claim” to the owner. It
their legal responsibility not to interfere
46
JANUARY 2022 | SF APARTMENT MAGAZINE
building residents, violation of the notice to cure can constitute the basis for an unlawful detainer action. —Frank Kim The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Dave Wasserman can be reached at 415-567-9600. Justin A. Goodman is with Zacks, Freedman & Patterson, P.C. and can be reached at 415-956-8100. Frank Kim is with National Legal and can be reached at 415-567-5700.
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STEVEN CARAVELLI Senior Commercial Associate 415.229.1367 Steven.Caravelli@cbcnrt.com CalRE #00879834
100% Committed to Long-Term Client Relationships
We recognize the long-term value of mutually beneficial relationships far outweighs the short-term value of any particular transaction.
The property information herein is derived from various sources that may include, but not be limited to, county records and may include approximations. Although the information is believed to be accurate, it is not warranted and you should not rely upon it without personal verification. © 2022 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. All Rights Reserved. Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates fully supports the principles of the Equal Opportunity Act. Each Office is Independently Owned and Operated. Coldwell Banker Commercial and the Coldwell Banker Commercial Logo are registered service marks owned by SF APARTMENT Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws MAGAZINE or regulations. | JANUARY 2022
47
The News… continued from page 10
Non-Profit Exemption: This exemption is for real or personal property used exclusively by non-profit organizations formed for religious, scientific, hospital, or charitable purposes.
Founded 35 years ago, Kaufman, Dolowich & Voluck is an internationally recognized litigation firm, meeting the diverse demands of our clients. The Bay Area’s complicated and fast-moving real estate industry presents property owners with exceptional opportunities and challenges. KDV’s real estate practice provides a full spectrum of services, allowing clients to rely on one firm for all of their real estate needs.
For details on the above or to learn of more possible exemptions, visit sfassessor.org/ tax-savings/exemptions.
SFAA Updates 2022 SFAA Residential Tenancy Agreement: The SFAA 2022 lease is now available in print and online. To access the lease, visit www.sfaa.org.
Ashley E. Klein
SFAA office reopening status: As SFAA
Managing Partner of San Francisco Office Co-Chair of Real Estate Practice Group
pivots to provide you services during the
Ashley E. Klein represents clients ranging from real estate investment trusts, homeowners in wrongful eviction defense, unlawful detainer, and property management matters. She counsels Bay Area homeowners about their rights and options under the SF Rent Ordinance, statewide rent control regulations and the Costa-Hawkins Rental Housing Act.
org to have your questions and concerns
Landlord-Tenant Disputes
A. Jeanne Grove
Managing Partner of Sonoma Office Co-Chair of Real Estate Practice Group HOA Disputes
A. Jeanne Grove focuses her practice on real estate and business litigation, including HOA and co-ownership issues, purchase/sale disputes and nondisclosure claims, and boundary, title, development, and construction matters. She has 15 years of experience in mediation and arbitration, as well as all phases of civil litigation, from the pleading stage to trial and post-trial proceedings.
Laura L. Campbell
pandemic, there is a new way to connect with SFAA. Email MemberQuestions@sfaa. promptly addressed. While the SFAA office remains closed to the public, SFAA staff is working round-the-clock to keep the nonprofit running. Timely payment of membership dues is necessary to help the association help you.
SFAA Classes Classes are available online. SFAA is happy to announce that current CCRM students can continue their education right from home. We understand keeping up with education is crucial and want to assist our members to stay up to date. See the calendar on page 60 for a full list of classes.
Attorney
Land Use Disputes Laura L. Campbell has extensive experience in landlordtenant litigation. She represents clients in breach of contract matters, quiet title actions, unlawful detainer lawsuits, tenant buy-out negotiations, and property management resolutions. She specializes in SF Rent Board matters, and routinely handles lot splits, mergers public hearings, zoning issues and ADU permitting.
Go Online!
San Francisco, CA Office 425 California Street, Suite 2100 • San Francisco, CA 94104 (415) 926-7600 • aklein@kdvlaw.com Sonoma, CA Office 19327 Sonoma Highway, Suite 100 • Sonoma, CA 95476 (707) 509-5260 • jgrove@kdvlaw.com • lcampbell@kdvlaw.com
48
JANUARY 2022 | SF APARTMENT MAGAZINE
Find more information on SFAA classes, apartment industry news & excerpts from SF Apartment Magazine at www.sfaa.org
DONATE TO THE SFAA LEGAL FUND TODAY During the legislative process, SFAA reaches out to members of the Board of Supervisors to address points of concern, support, or opposition on any given legislative or policy proposal that impacts rental housing providers. On issues that are particularly harmful for property owners, like the COVID-19 Tenant Protection Ordinance, we’ll mobilize our membership in a grassroots effort to engage members of City Hall. But oftentimes, especially in an increasingly tenant-friendly city, these proposals get voted into law anyway. During the legislative hearing on June 8, the Land Use Committee heard from hundreds of small property owners. In the legislative file, there are 6,000 pages of comments from San Franciscans, almost all from housing providers opposed to the legislation. And yet, the ordinance was approved by a vote of 10-1. SFAA established its legal fund in 1998, and when the Board of Supervisors passes ordinances that violate our members’ rights, we have no choice but to file litigation against the city. In recent years, we’ve seen a pattern of laws being passed that don’t consider or address the perspectives of housing providers. We ask that you donate to the SFAA Legal Fund today. Please write a check to the “SFAA Legal Fund” and mail it to the SFAA office at 265 Ivy Street, San Francisco, CA 94102 to support this effort and to help build the legal fund to function as a deterrent against future harmful proposals.
SFAA ENDORSEMENTS
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Support SFAA’s legal challenges to unjust legislation by donating to the SFAA Legal Fund. SFAA needs to stay relevant to remain effective. Help to further grow the legal fund. It will make a difference. Check out www.sfaa.org/ legal-fund.shtml to find out more. *SFAA Legal Fund donations are tax deductible. Follow SFAA on Twitter at www.twitter.com/SFAptAssoc. SF APARTMENT MAGAZINE | JANUARY 2022
49
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Understandably, some landlords want to
their occupancy as a pretext to evict.) For
stop being landlords, and accurate informa-
several years now, these landlords have
they didn’t exist.) Nonetheless, landlords
tion will help. For owner move-in and Ellis
been required to file “statements of occu-
are still so traumatized by the earlier rules
Act evictions, landlords are required to pay
pancy” with documentary proof that they
that they’re afraid to serve a “rule 6.14 res-
relocation assistance to “any authorized
still primarily reside in the unit, informa-
ervation of rights notice,” in case this (ironi-
occupant regardless of age.” This is clearly
tion which the Rent Board forwards to the
cally) acknowledges the subtenant.
a broader class of persons than those in
displaced tenants.
Surreal Estate… continued from page 18
“privity of contract.” It includes people A more aggressive approach in a bygone
who are not “tenants,” but presumably
Insofar as the law requires landlords to
era was to take the opportunity to enforce
those who at least have a vicarious right
primarily reside in their unit, no one could
“no subletting or assignment” provisions,
of “occupancy” (i.e., the ability to exclude
earnestly disagree with an ongoing disclo-
under pain of eviction. But over the years,
the landlord and others). It clearly includes
sure requirement that protects the honest
“one for one” replacements had to be al-
children. And while “authorized” suggests
and punishes the scofflaw. (One could only
lowed. Then the number of allowable occu-
some kind of request and approval, San
point out the irony that the rent-controlled
pants was set by the number of bedrooms,
Francisco has all but eliminated the ability
tenant in the same unit could have multiple
not by the lease contract, as San Francisco
to withhold approval. It would seem the
“principal places of occupancy” to maintain
learned that interference with the land-
only property owners who can stop being
rent control.)
lord’s ability to limit subletting/assignment
landlords are those who keep current on
helps frustrate the application of Costa-
their tenants’ intimate relationships.
The problem is that (former) tenants can challenge not only the good faith intent
Hawkins’s vacancy decontrol. But even after leaving the market, San
to primarily reside but also whether the
In fact, many cities would eliminate va-
Francisco keeps an interest in the former
(former) landlord is primarily residing, and
cancy decontrol outright if they could.
landlord’s use of their own property. Two
they don’t need particularly good facts
Proposition 21 (2020) would have elimi-
decades ago, the City attempted to regulate
for either. (In one published opinion, a
nated Costa-Hawkins, and San Francisco
how owners can live in their own property
displaced tenant prevailed in a wrongful
was poised to implement rent registration
under “tenancy-in-common” agreements,
eviction lawsuit because the “relative-move-
and vacancy control (i.e., the rent doesn’t
i.e., private contracts where co-owners of
in” brother didn’t have enough knowledge
increase after partial or total vacancy of
multi-unit property define their rights and
about the RMI process and the subject unit
the unit). When California voters chose
obligations and—most importantly—what
to establish “good faith.” And in count-
to retain state control over this important
unit they get to live in. Functionally, “TIC
less unpublished cases, tenant attorneys
issue, San Francisco implemented the ar-
agreements” operate like a condominium
threaten lawsuits on convenient (if oppor-
chitecture of its plan without much of the
subdivision. But it’s common for TIC build-
tunistic) facts to obtain a lucrative settle-
substance. This year, San Francisco will
ings to have first been withdrawn via the
ment from insurance carriers. As the owner
require registration of all units covered by
Ellis Act. While San Francisco can control
must constantly convince their former
the rent ordinance.
(or eliminate) subdivision, it can’t prevent
tenant and the world that they’re making
use of the Ellis Act.
the former rental unit a home, perhaps they should add the tenant to their holiday card
Registration will require information
mailing list.
on the square footage and number of
Instead, it eliminated the ability of co-own-
bedrooms, which will require many
ers to have “exclusive rights of occupancy”
landlords to map out their tenants’ units,
in TIC agreements to discourage use of the
The residential rental industry inhabits
as well as information on the number of
Ellis Act. While tenants would have had a
paradox. It’s a business, but it’s inherently
“bedrooms,” which might require some
right of exclusive possession against the
personal. You owe obligations to your ten-
uncomfortable conversations about how
property owners, the property owners
ants but also to strangers. You negotiate
tenants are using their own home and
could not have one against each other.
in good faith and at arm’s length, but your tenant (and their tenants) only come to the
who they’re sharing it with. Property owners successfully challenged
table if they want to. There are no “right
Many landlords are understandably frus-
the TIC regulation for invading the right of
answers,” only best practices to traverse the
trated with being forced to permit strang-
privacy, but other property owners must re-
inherent tensions.
ers to occupy their property, particularly
linquish privacy rights when they displace
when they may owe duties under residen-
their tenants. Property owners who want to
tial rental law. Nonetheless, where Costa-
live in a single unit can perform an “owner-
Hawkins has been beset by repeal efforts,
move-in eviction,” provided they’re willing
it seems best to find out who they are, serve
to remain there for 36 months as their pri-
“6.14 notices,” and maintain accurate infor-
mary residence. (This minimum period is
mation about who occupies your property.
designed to ward off landlords from using
52
JANUARY 2022 | SF APARTMENT MAGAZINE
Justin A. Goodman is with Zacks, Freedman & Patterson, P.C. and can be reached at 415-956-8100.
w
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Online: www.sfaa.org/membership Phone: 415-255-2288
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Would you recommend SFAA services and products?
•
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How has SFAA helped you with your rental property?
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Email your answers to Maria Shea at maria@sfaa.org with the subject line, “Speak Up!” Be sure to include your member name and SFAA ID number. Also, let us know if we may use your testimonial in future SFAA marketing materials. SF APARTMENT MAGAZINE | JANUARY 2022
53
COLUMN
SACRAMENTO REPORT
Holding Court w r i t t e n b y DE B R A C A R LT O N
Despite the challenges the rental housing industry faced this year, the California Apartment Association is celebrating a few victories.
A
This money is being put to work in communities right now.” Compromising privacy: A pair of bills threatened the privacy of landlords and
lthough not as awful as
whole at 100% for financial loss due to
tenants this year. One of them, AB 1188
2020, 2021 has produced its
COVID-19. That said, CAA will remain
by Assemblymember Buffy Wicks (D-
share of challenges for the
vigilant in the year to come, working on
Oakland), and Assemblymember Ash
rental housing industry.
legislation to require more assistance for
Kalra (D-San Jose), would have forced
owners who have tenants who have not
cities and counties to create and admin-
qualified for funding.
ister a rental registry program through
COVID-19 continued to change the way rental housing providers do business.
an online portal with specified information from landlords who own or operate
brought continuing months with little-
Problematic Proposals Stopped by CAA
to-no rental income.
In addition to mitigating the negative ef-
AB 1199 by Assemblymember Mike
fects of the pandemic, CAA worked hard
Gipson (D-Los Angeles), would have
While the California Apartment Asso-
to stop legislation that threatened the in-
required limited liability companies and
ciation (CAA) didn’t get everything it
vestments of landlords statewide. Some
corporations to file information with
wanted from State legislation, the associ-
examples of problematic legislation the
the Secretary of State’s Office and also
ation did limit the negative effects of the
association derailed this year:
would have imposed an excise tax on
And for too many owners, the year
five or more rental units. Another bill,
rental owners for the privilege of operat-
State’s COVID-19 eviction moratorium. It also secured more dollars to cover
Free legal counsel for tenants: This
unpaid rent as part of those extensions:
fall, Governor Gavin Newsom vetoed
100% of the unpaid rent for tenants who
AB 1487, legislation that would have
Multiple languages: SB 633 by Sena-
qualify, up from an earlier rate of 80%.
provided legal representation to ten-
tor Monique Limón (D-Santa Barbara),
ants who face eviction and who claim
would have required owners to provide
Moreover, with the final extension of
they can’t pay the rent. Over the sum-
disclosures in five different languages
the COVID-19 Tenant Relief Act, CAA
mer, thousands of CAA members sent
if they suspected a lease guarantor
nailed down another preemption on
letters to lawmakers, urging them to re-
lacked fluency in English. The notice
local governments, prohibiting most
ject the proposal, which was authored
would have been required in Span-
local governments from passing their
by Assemblymember Jesse Gabriel
ish, Chinese, Tagalog, Vietnamese, and
own eviction moratoriums. Without the
(D-Van Nuys).
Korean—the top five foreign languages
ing rental housing.
spoken in California.
preemption, San Francisco would have
54
to prevent foreclosures and evictions.
passed its own eviction moratorium,
CAA had argued that millions of tax-
which it attempted in October. CAA and
payer dollars already go toward evic-
Ellis Act: AB 854 by Assemblymember
its affiliate, the San Francisco Apartment
tion defense for low-income tenants—a
Alex Lee (D-San Jose), would have
Association, successfully blocked it, cit-
point echoed in Newsom’s veto mes-
prohibited landlords from closing their
ing the prohibition in state law.
sage. “Since 2019, we have made $131
building (removing it from the rental
million available for tenant legal aid,
market) until they’d owned it for five
And while red tape caused frustrating
including an $80 million appropriation
years. And if the owner had already
delays for landlords and tenants seeking
earlier this summer,” Newsom’s mes-
removed another building from the
relief, it’s worth noting that the rental
sage said. “These critical funds provide
market, they would have been prohib-
housing industry is one of the only in-
legal assistance grants to legal services
ited from removing any further build-
dustries in California that will be made
and self-help organizations statewide
ings they own.
JANUARY 2022 | SF APARTMENT MAGAZINE
sfaa’s
Landlord Etiquette Webinar Can I just walk into a unit? Can I rent to only 1 person? Can’t I wait to return the security deposit until I think everything is to my satisfaction? I don’t like my tenant anymore—can I make them leave? I don’t want to rent to a couple—is that okay? Come learn all the do’s and don’ts of being a landlord. This class will be taught by Steven C. Williams of Fried & Williams, LLP. Steve has been practicing law since passing the bar exam in 1999 from Golden Gate University.
DATE & TIME:
WEBINAR:
Thursday, February 17 10:00 a.m. – 12:00 p.m.
Once you complete registration you will be sent a separate link to register for the Zoom system.
COSTS:
Members: $45 Nonmembers: $65
For more information, contact Stephanie Alonzo at 415.255.2288 x113 or stephanie@sfaa.org.
sfaa’s AB 3088
Eviction & Rent Increase Moratoria On June 28, 2021, Governor Gavin Newsom signed AB 832 which extended the current COVID-19 eviction protections. This legislation was set to expire on June 30, 2021, however it has been extended for an additional three months until September 30, 2021.
INSTRUCTOR:
This class will cover:
Friday, February 11 10:00 a.m. – 11:00 a.m.
• Updated 15-Day Notices for rental payments due 9/1/20 - 9/30/21 • Deadline to pay 25% of rent extended to 9/30/21 and what can be done about unpaid rents.
Clifford Fried, Fried & Williams DATE & TIME:
COST
Once you complete registration you will be sent a separate link to register for the Webinar via Zoom. For more information, contact Stephanie Alonzo at 415.255.2288 x113 or stephanie@sfaa.org.
Members: $45 Nonmembers: $65
• Extension of state and local “just cause” protections, prohibition on new fees and charges, and use of COVID-19 Rental Debt info in tenant screening. • Expanded state and local Rental Assistance Program to provide landlords with 100% of rent owed by qualifying residents. • New rules for unlawful detainer actions filed between 10/1/21 - 3/31/22
SF APARTMENT MAGAZINE | JANUARY 2022
55
Significant laws taking effect January 1, 2022
team, with the association’s attorneys and
landlords submit answers to questions that
advocates working to identify areas of
only a tenant could provide, making it im-
While many rental housing bills went
the law with questions for the courts to
possible to proceed should a tenant refuse
nowhere in 2021, several significant
sort out and communicating with local
to cooperate. The city now allows owners
pieces of legislation did advance to the
governments when legal concerns arise at
to answer these types of questions with
governor’s desk and win Governor New-
city halls and county buildings. Over and
“unknown,” without rejecting the applica-
som’s signature.
over, CAA weighed in with expert knowl-
tion as incomplete.
edge on issues. Here are some of the laws taking effect January 1, 2022: Code enforcement response: AB 838,
Here are some highlights:
San Francisco shadow single-family rent
CAA vs. County of San Diego: CAA filed a lawsuit in the spring, seeking to invalidate a San Diego County ordinance that im-
control: CAA filed a brief in SFAA’s legal
posed both eviction and rent controls. CAA
by Assemblymember Laura Friedman (D-
challenge of the City’s attempt to circum-
argued that the ordinance is pre-empted
Glendale), will prohibit local code enforce-
vent state law and limit rent increases on
by State law and that the county relied on
ment agencies from placing restrictions or
single-family homes. To sidestep Costa-
an improper use of emergency powers
preconditions, such as mandating that the
Hawkins, San Francisco amended its
in crafting the measure. Although a judge
rent be paid in full, before responding to
tenant harassment ordinance to make it
initially denied CAA’s request, the local law
habitability complaints.
illegal for a property owner to issue a “bad
has since expired, and county lawmakers
faith” rent increase to a tenant in a unit
chose not to renew it.
Emotional support animals: AB 468,
exempt from local rent control “with an
also by Friedman, will prohibit a licensed
intent to defraud, intimidate, or coerce the
healthcare practitioner from providing doc-
tenant into vacating” the residence. The
umentation about an individual’s need for
ordinance fails to define “bad faith” other
an emotional support animal without first
than to offer examples, such as increasing
establishing a client-provider relationship
the rent “substantially in excess of market
with the individual for at least 30 days. They
rates for comparable units” or increasing
must also complete an in-person clinical
the rent within six months after the owner
evaluation of the individual who requests
has attempted to recover possession of the
the emotional support animal.
unit. The ordinance also allows “bad faith” to be determined based on “such other
Short-term rental violations: SB 60, by
factors as a court or the Rent Board may
Senator Steve Glazer (D-Orinda) , will
deem relevant.”
authorize cities to impose a fine of up to $5,000 when an individual violates a short-
Stancil v. Redwood City: After hearing oral
term rental ordinance. The fines allowed by
arguments from CAA, the state Supreme
this law are intended to extend to tenants
Court banned the use of a common evic-
who violate the law—not property owners.
tion delay tactic known as a Delta Motions, which allowed tenants facing eviction to
Equal access to amenities: AB 491, by
challenge the merit of the case before even
Assemblymember Chris Ward and Assem-
filing an answer to the unlawful detainer
blymember Lorena Gonzalez, both Demo-
complaint. These motions force mini trials
crats from San Diego, will require that,
and result in massive delays.
for mixed-income multifamily structures, occupants of the affordable housing units
Fremont rental assistance: A letter from
must have the same access to the common
CAA’s legal team to the City of Fremont
entrances, areas, and amenities as the oc-
prompted local officials to fix their rental
cupants of the market-rate housing units. It
assistance program by allowing landlords
also will prohibit a mixed-income multi-
to apply for aid, as required under State and
family structure from isolating the afford-
Federal law.
able housing units within that structure to a specific floor or an area on a specific floor.
San Diego rental assistance: At the request of CAA, the city of San Diego fixed
Legal team in action
its rental assistance portal so that landlords
For CAA, 2021 has been the most active
can apply for rent relief on behalf of their
year in recent memory for CAA’s legal
tenants. The portal previously required that
56
JANUARY 2022 | SF APARTMENT MAGAZINE
Debra Carlton is the California Apartment Association’s Executive Vice President of State Public Affairs.
Legal Questions
? Confused about local and statewide rental housing laws? Take advantage of SFAA’s legal information network. Before every SFAA General Membership Meeting, a diverse panel of San Francisco landlord attorneys answers your questions about your property, your tenants and the San Francisco Rent Ordinance. SFAA monthly meetings and legal panels are a benefit just for members, so make sure you are getting the most out of your membership and be sure to attend the next meeting.
2022 sfaa rental forms
Member Name Member # Email
BEGINNING OF TENANCY FORMS
MEMBER PRICE
NON-MEMBER PRICE
Application to Rent
$15 per 25
$40 per 25
SFAA Residental Rental Agreement- 2022
$25 each
$125 each
SFAA Residental Rental Agreement- 10 Pack
$225 pack
N/A
CAA Lease Agreement
$15 per 25
$40 per 25
CAA Rental Agreement- Month to Month
$15 per 25
$40 per 25
Guarantee of Rental Agreement
$15 per 25
$40 per 25
Holding Deposit
$15 per 25
$40 per 25
Lead Pamphlet - Protect your Family- 25 pack
$25 per 25
$40 per 25
Addendum to Rental Agreement
$15 per 25
$40 per 25
Parking Agreement
$15 per 25
$40 per 25
Pet Agreement
$15 per 25
$40 per 25
Storage Agreement
$15 per 25
$40 per 25
Assistive Animal Request & Documentation Packet
$15 per 25
$40 per 25
Move In/Move Out
$15 per 25
$40 per 25
Fire Safety Disclosure - SF
$15 per 25
$40 per 25
24 Hour Notice to Enter
$15 per 25
$40 per 25
AB 1482 - Notice of Exemption
$15 per 25
$40 per 25
AB 1482 - Properties Subject to
$15 per 25
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15 Day notice - Pay Rent or Quit
$15 per 25
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15 Day Notice - Perform Covenants or Quit
$15 per 25
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30 Day Notice - Change of Monthly Rent - SF
$15 per 25
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30 Day Change of Monthly Rent under AB-1482
$15 per 25
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90 Day Notice - Change of Monthly Rent- SF
$15 per 25
$40 per 25
Proof of Service
$15 per 25
$40 per 25
Security Deposit Interest & RB Fee - SF Only
$15 per 25
$40 per 25
Acknowledgement of Residents Intent to Vacate
$15 per 25
$40 per 25
Notice of Resident Option for Initial Inspection
$15 per 25
$40 per 25
Notice of Intial Inspection to Residents
$15 per 25
$40 per 25
Itemized Disposition of Security Deposit
$15 per 25
$40 per 25
Notice of Belief of Abandonment
$15 per 25
$40 per 25
On-Site Resident Mgr. Employee Agreement (set)
$15 per 25
$40 per 25
Estoppel Certifcation
$15 per 25
$40 per 25
Prop 65 Sign - Plastic
$10 each
$25 each
Prop 65 Warning Addendum
$15 per 25
$40 per 25
QUANITY
COST
DURING TENANCY FORMS
END OF TENANCY FORMS
MISCELLANEOUS FORMS
SFAA Members can download and access forms directly from the SFAA and CAA websites. Please log in to account, go to Resources and click Downloadable Forms.
Internal Order Date: Use Only
Taken by: Credit Card
Cash
Prices listed are for SFAA members
Check
Invoice
Sub-Total: 8.625% Tax: Postage Flat Rate:
• Prices differ for non-members • All sales are final
San Francisco Apartment Association
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TOTAL:
SF APARTMENT MAGAZINE | JANUARY • SAN FRANCISCO, CA • 94102 • PHONE 415-255-2288 • FAX 415-255-1112 • WWW.SFAA.ORG
2022
57
NEED MORE RENTAL ASSISTANCE? COVID-19 RENTAL ASSISTANCE DOESN’T HAVE TO BE A ONE-AND-DONE PROPOSITION. Q. How do I apply for additional rental assistance if I previously completed an application and received rental assistance payments, but the tenant has not recertified for additional assistance?
A . Do not submit a new application. Reapplying will slow down processing and may result in an inconsistent application status. Instead, take the following steps:
Contact the Emergency Rental Assistance Program (ERAP) call center at 833-430-2122 and select “landlord” from the menu. Ask the call center agent to open your application. Request that the pages called “tenant information” and “submit” be reopened. If you need to update the landlord information, too, request to have that page opened as well. Log in to your account to update any information on the tenant information page—including updated rent rolls and tenant contact information, if necessary. While logged in to your application, go to the “submit” page, read through the certifications, and check the boxes as appropriate. Sign the application and submit. Once this process is completed, the new submittal will act just like a new application and will trigger all the appropriate notifications.
Q. How do I apply for additional rental assistance if I did not previously complete an application but received a
rental assistance payment because the tenant applied and received the payment directly, but the tenant has not recertified for additional assistance?
A. In this situation, complete a new application for rental assistance as follows: Register for the program and initiate a new application at housing.ca.gov Complete the landlord section of the application. Under A.16, “Have you or do you intend to file for eviction against this tenant for nonpayment of rents during COVID-19?” select “Yes.” Enter the number of units for which you are potentially seeking eviction. If this is a single application for a single unit, the number will be one. Under “tenant name,” enter the name of each tenant you are potentially seeking to evict. Enter the case ID next to the name for every tenant where you know there is a pre-existing tenant application. You are strongly encouraged to ask your tenants for case IDs to assist in this process. Entering case IDs will help administrators prevent duplicate applications and will speed up processing. Complete the remainder of the “tenant information” section. Complete the submit section, and submit the application. The submittal will trigger the appropriate notifications to the tenant and the program. Although you will not be paid directly under this circumstance, you will have some insight into the application status and processing as the application moves through the process.
58
JANUARY 2022 | SF APARTMENT MAGAZINE
ASK FOR IT! Q. What is the process for a tenant to recertify? A. The tenant will receive an automated email notification informing them that it is time to recertify if additional assistance is needed.
The tenant then completes and submits the recertification application. If you participated in the original application, a program administrator will reach out to you for updated rent rolls. Payments made under this scenario will go directly to you. If you did not participate in the original application, approved payments will be made directly to the tenant. The tenant is required by law to pay the rental assistance they receive to you.
Q. What if a tenant claims a different amount owed than what I claimed on my application? A. Program administrators will likely defer to your rent roll when evaluating the amount of rent owed. Please ensure that your records are accurate and easy for administrators to understand.
Q. How long will recertification take? A. This is unclear, however, fewer recertification applications are pending than initial applications, so the recertification process should be shorter than the initial waiting period.
Q. Does the recertification process require the tenant to participate? A. Yes. The federal program is based on tenant eligibility, so the tenant must participate for your reapplication to move forward. So, if you have applied, continue to share information about the program with your tenant and encourage them to apply. Here are some suggestions: The Housing Is Key website has templates for emails and letters you can share with your tenant. These materials can be found under Renter & Landlord Resources. If the tenant is not responding, you could contact a Local Partner Network organization (appointment line: 833-687-0967) and explain that you need help with tenant outreach. They will try to speak to the tenant on your behalf, to build trust and confidence in the process. The Local Partner Network serves both landlords and tenants, and either may request assistance. The above information was written by Embert P. Madison, Jr., State Advocacy and Compliance Counsel and originally published by the California Apartment Association. Reprinted with permission.
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sfaa 2 2020calendar
sfaa
January
MONDAY, JANUARY 10 Board of Directors Mtg. 11:30 a.m.
FRIDAY, JANUARY 14 5 New Rent Control Laws Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
WEDNESDAY, JANUARY 19 Virtual Member Meeting Update 9:00 a.m.
TUESDAY, JANUARY 25 Livable Back Billing Utility Demonstration Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Free for Members
FRIDAY, JANUARY 28 New Unit Registration and Licensing Law Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $45 Non Members $65
SFAA MEMBER MEETINGS WILL BE HELD VIRTUALLY UNTIL FURTHER NOTICE DUE TO COVID-19. FOR TOPICS AND SCHEDULES, VISIT SFAA.ORG.
WEDNESDAY, JANUARY 20 Marijuana and Your Rental Property Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
February WEDNESDAY, FEBRUARY 3 Intellirent Demonstration Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Free for Members
MONDAY, FEBRUARY 7 Board of Directors Mtg. 11:30 a.m.
FRIDAY, FEBRUARY 11 AB1482 & Rent Increase Moratoria Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $45 Non Members $65
THURSDAY, FEBRUARY 17 Landlord Etiquette Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
FRIDAY, FEBRUARY 25 New Unit Registration and Licensing Law Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $45 Non Members $65
SFAA offices will be closed on January 3rd in observance of New Year’s Day.
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JANUARY 2022 | SF APARTMENT MAGAZINE
WEDNESDAY, FEBRUARY 16 Virtual Member Meeting Update 9:00 a.m.
join online at sfaa.org or call 415.255.2288
2022 join online at sfaa.org or call 415.255.2288
SAN FRANCISCO’S
RENT BOARD FEE
$29.50
Chapter 37A of San Francisco’s Administrative Code allows the city to collect a per-unit fee for each residential dwelling unit that is subject to the San Francisco Rent Ordinance. This fee defrays the entire cost of operation of the Rent Board. This fee is billed to the landlord each year on the property tax statement sent in November, but the law permits landlords to collect a portion of the Rent Board fee from those tenants in occupancy as of November 1 of each year. A landlord is allowed to collect 50% of the cost of the fee from the tenant. If you have not collected Rent Board fees in the past, you can collect back to 1999. ALLOWABLE RENT BOARD FEE COLLECTABLE FROM TENANTS 2021-2022
$29.50
CAPITAL IMPROVEMENTS
SFAA’S
TENANT SCREENING SERVICE
The capital improvement interest rates for 3/1/21 through 2/28/22 are listed below:
THROUGH INTELLIRENT STEP 1:
Create a free account at sfaa. myintellirent.com/agent-signup. STEP 2:
Invite an applicant to apply via an online application customized to SFAA’s criteria. You can also publish your available rental on Intellirent across mulitple ILSs. RATES
Intellirent is your free, online rental application and property marketing tool, partnered with Transunion to instantly return complete credit reports and nationwide eviction notices. Renters pay the $40 application fee, which covers your costs. For more information, simply create your free account or go to sfaa.org and choose the “Resources” tab. Then select “Tenant Screening.” Please note that the maximum you can charge a tenant for screening services is $49.12.
AMORTIZATION
INT. RATE
MULTIPLIER
7 YEARS
0.8%
.01225
10 YEARS
1.0%
.00876
15 YEARS
1.2%
.00607
20 YEARS
1.4%
.00478
INTEREST ON DEPOSITS Deposits include all tenant monies that the owner holds, regardless of what they are called. At the landlord’s option, the payment may be made directly to the tenant or by allowing the tenant to deduct the amount of interest due from the rental payment. INTEREST ON DEPOSITS PERIOD
AMOUNT
03/01/21 - 02/28/22
0.6%
03/01/20 - 02/28/21
2.2%
03/01/19 - 02/29/20
2.2%
03/01/18 - 02/28/19
1.2%
03/01/17 - 02/28/18
0.6%
2020-2021
$25.00
2019-2020
$25.00
2018-2019
$22.50
2017-2018
$22.50
2016-2017
$20.00
2015-2016
$18.50
03/01/16 - 02/28/17
0.2%
$18.00
03/01/15 - 02/29/16
0.1%
03/01/14 - 02/28/15
0.3%
03/01/13 - 02/28/14
0.4%
03/01/12 - 02/28/13
0.4%
03/01/11 - 02/29/12
0.4%
03/01/10 - 02/28/11
0.9%
03/01/09 - 02/28/10
3.1%
03/01/08 - 02/28/09
5.2%
2014-2015 2013-2014
$14.50
2012-2013
$14.50
CONTACT INTELLIRENT FOR MORE INFORMATION:
415-849-4400
2011-2012
$14.50
2010-2011
$14.50
2009-2010
$14.50
2008-2009
$14.50
2007-2008
$13.00
03/01/07 - 02/29/08
5.2%
2006-2007
$11.00
03/01/06 - 02/28/07
3.7%
2005-2006
$10.00
2004-2005
$11.00
2003-2004
$21.50
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
ALLOWABLE RENT INCREASES
2022 – 2023: 2.3%
Effective March 1, 2022, through February 28, 2023, the allowable annual rent increase is 2.3 %. This amount is based on 60% of the increase in the Consumer Price Index for all urban consumers in the Bay Area. A history of all allowable increases and their effective periods is provided. ALLOWABLE RENT INCREASES PERIOD
AMOUNT
03/01/22 - 02/28/23
2.3%
03/01/21 - 02/28/22
.7%
03/01/20 - 02/28/21
1.8%
03/01/19 - 02/29/20
2.6%
03/01/18 - 02/28/19
1.6%
03/01/17 - 02/28/18
2.2%
03/01/16 - 02/29/17
1.6%
03/01/15 - 02/29/16
1.9%
03/01/14 - 02/28/15
1.0%
03/01/13 - 02/28/14
1.9%
03/01/12 - 02/28/13
1.9%
03/01/11 - 02/29/12
0.5%
03/01/10 - 02/28/11
0.1%
03/01/09 - 02/28/10
2.2%
03/01/08 - 02/28/09
2.0%
03/01/07 - 02/29/08
1.5%
03/01/06 - 02/28/07
1.7%
SAN FRANCISCO RENT BOARD 25 Van Ness Avenue #320 San Francisco, CA 94102 415-252-4600 www.sfgov.org/rentboard
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
& information SF APARTMENT MAGAZINE | JANUARY 2022
61
SFAA Professional Services Directory
1031 TAX DEFERRED EXCHANGE SERVICES
LAWYERS EQUITY EXCHANGE Brian Fogarty 415-701-1234 www.lex1031.com SEQUENT Eric Scaff (415) 834-1031 sequent-rewm.com escaff@sequent-rewm.com
ACCOUNTANTS
SHWIFF, LEVY & POLO LLP Elizabeth Shwiff 415-291-8600 x232 www.slpconsults.com
ALARM COMPANY
AEC ALARMS Stephanie Chen 408-298-8888 Ext: 121 sc36@aec-alarms.com
ARCHITECTURE
OPENSCOPE STUDIO ARCHITECTS Mark Hogan 415-891-0954 www.openscopestudio.com Q ARCHITECTURE Dawn Ma www.que-arch.com
415-695-2700
ASSOCIATIONS
PROFESSIONAL PROPERTY MANAGEMENT ASSOCIATION Renee A. Engelen www.ppmaofsf.org renee@hrhrealestate.com
ATTORNEYS
415-861-8800
ILENE M. HOCHSTEIN, ATTORNEY AT LAW Ilene Hochstein (650) 877-8288 ilene@hochsteinlaw.net KAUFMAN, DOLOWICH, VOLUCK Ashley Klein 415-926-7612 aklein@kdvlaw.com LAW OFFICES OF FRANCISCO GUTIERREZ Francisco Gutierrez 415-805-6508 francisco@gtzlegal.com LAW OFFICE OF MICHAEL HEATH Michael Heath 415-931-4207 Mheath_law@sbcglobal.net LAW OFFICES OF DENISE A. LEADBETTER Denise Leadbetter 415-713-8680 www.leadbetterlaw.com LAW OFFICES OF SCOTT T. OKAMOTO Scott T. Okamoto 415-766-5871 www.scottokamotolaw.com LAW OFFICES OF DANIEL PICCININI Daniel Piccinini 415-345-8610 danielpiccinini@att.net LAW OFFICE OF JULIANA E. PISANI Juliana Pisani 415-800-7562 Juliana@jpisanilaw.com LAW OFFICES OF LAWRENCE M. SCANCARELLI Lawrence M. Scancarelli 415-398-1644 www.sfrealestatelaw.com THE LAW OFFICE OF ED SINGER Edward Singer 650-393-5862 www.edsinger.net
BARTH CALDERON, LLP Paul Hitchcock Paul@barthattorneys.com
415-577-4685
LAW OFFICE OF KEVIN P. GREENQUIST Kevin Greenquist 415-977-0444x234 www.ztalaw.com
BORNSTEIN LAW Daniel Bornstein, Esq. www.bornstein.law
415-409-7611
MASTROMONACO REAL PROPERTY LAW GROUP Leonard Mastromonaco 415-354-2702 len@mastrolawgroup.com
DOWLING & MARQUEZ, LLP Jak S. Marquez 415-977-0444 x232 www.dowlingmarquez.com FRANK KIM ESQ., EVICTION ASSISTANCE Jo Biel 415-752-6070 KIMBALL, TIREY & ST. JOHN LLP Kelli Dodson 800-525-1690 kelli.dodson@kts-law.com www.kts-law.com FRIED & WILLIAMS LLP Clifford E. Fried www.friedwilliams.com
415-421-0100
HAAS NAJARIAN LLP Eric Murphy (415) 788-6330 emurphy@hnattorneys.com
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HERZIG & BERLESE Barbara Herzig bherzig@hbcondolaw.com
JANUARY 2022 | SF APARTMENT MAGAZINE
MCLAUGHLIN SANCHEZ, LLP Michael McLaughlin 415-655-9753 www.msllp.law MILLAR AND ASSOCIATES, APLC James Millar 415-981-8100 x101 Millar-law.com NIVEN & SMITH Leo M. LaRocca leo@nivensmith.com
415-981-5451
REUBEN, JUNIUS & ROSE, LLP Kevin Rose 415-567-9000 www.reubenlaw.com
STEVEN ADAIR MACDONALD & ASSOCIATES, PC Steven Adair MacDonald (415) 956-6488 www.samlaw.net sam@samlaw.net
WASSERMAN Dave Wasserman 415-567-9600 dwasserman@wassermanstern.com www.davewassermansf.com WIEGEL LAW GROUP Andrew J. Wiegel www.wiegellawgroup.com
415-552-8230
ZACKS, FREEDMAN & PATTERSON, P.C. Andrew M. Zacks 415-956-8100 www.zfplaw.com ZANGHI TORRES ARSHAWSKY, LLP John P. Zanghi 415-977-0444 www.zatlaw.com
BEDBUG DETECTION
CROWN & SHIELD PEST SOLUTIONS-PREMIER Aurora Garcia-Vidaca 415-893-9551 www.crownandshieldpestsolutions.com PREMIER CANINE DETECTION Jordan Garcia 415-612-6645 www.premiercaninedectection.com
CLEANING SERVICES
OPTIMUS BUILDING SERVICES Claudia Giraldo 650-290-4607 optimusbuildingservices.com
COMMERCIAL/RETAIL LEASING SERVICES BLATTEIS REALTY CO. David Blastteis www.sfretail.net
415-981-2844
CONSULTANTS: PERMITS & PLANNING
EDRINGTON AND ASSOCIATES Steven Edrington 510-749-4880 steve@edringtonandassociates.com
CORPORATE RENTALS AMSI Robb Fleischer www.amsires.com
415-447-2020
GOROVERGO Laura Ericson 832-977-6830 laura.ericson@echemail.com www.gorovergo.com
CREDIT REPORTING
INTELLIRENT Cassandra Joachim www.myintellirent.com
415-849-4400
DRAIN SERVICES
INTERNET SERVICES PROVIDERS
PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
COMCAST/XFINITY Michael Juliano www.xfinity.com
ENVIRONMENTAL CONSULTING
LENDING / FINANCIAL SERVICES
P.W. STEPHENS ENVIRONMENTAL Sheri Buenz 510-651-9506 sherib@pwsei.com
FIRE ESCAPE INSPECTION & MAINTENANCE ESCAPE ARTISTS Jabal Engelhard www.sfescapeartists.com
415-279-6113
GREAT ESCAPE SERVICES Rich Henderson 415-566-1479 www.greatescapeservice.com
FIRE PROTECTION CONTRACTORS
AEC ALARMS 408-298-8888 Ext: 121 SFfire@aec-alarms.com BATTALION ONE FIRE PROTECTION Tim Morse 510-653-8075 www.battaliononefire.com COMMERCIAL FIRE PROTECTION, INC. Laine Sims 925-300-9534 www.fireprotected.com EMERGENCY SYSTEMS, INC. Eric Hagerman (415) 564-0400 esmfire@earthlink.net MAZZY’S FIRE PROTECTION Scott Mazzarella 415-665-5553 www.mazzysfire.com PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
GARBAGE COLLECTION SERVICES
RECOLOGY GOLDEN GATE RECYCLING Minna Tao 415-575-2423 recologysf.com RECOLOGY SUNSET SCAVENGER Dan Negron 415-330-2911 recologysf.com
INSURANCE COMPANIES
ARM MULTI INSURANCE SERVICES Lisa Isom 866-913-6293 www.arm-i.com BARBARY INSURANCE BROKERAGE Gerald Becerra 415-788-4700 www.barbaryinsurance.com COMMERCIAL COVERAGE INSURANCE AGENCY Paul Tradelius 415-436-9800 www.comcov.com GORDON ASSOCIATES INSURANCE SERVICES Dave Gordon, CLU 650-654-5555x6972 David.gordon@gordoninsurance.com
925-495-9922
FIRST FOUNDATION BANK Michelle Li www.ff-inc.com
415-794-2176
LENDING / FULL SERVICE BANKS
LUTHER BURBANK SAVINGS Gabriel Basso 510-601-2400 www.lutherburbanksavings.com
LENDING / INSTITUTIONS
CHASE APARTMENT LENDING Andre C. Ferrigno 415-644-2171 CHASE COMMERCIAL TERM LENDING Sharon Groenendyk 415-315-8464 www.chase.com/commercialbanking CHASE COMMERCIAL LENDING Ingrid Marlow 650-737-6212
LOCKSMITHS
CROWN LOCK & HARDWARE Joe Schoepp 415-221-9086 WARMAN SECURITY Peter Badertscher www.warmansecurity.com
415-775-8513
MAINTENANCE REPAIR SERVICE
MAVEN MAINTENANCE, INC. Craig Lipton 415-829-2207 www.mavenmaintenance.com WEST COAST PROPERTY MANAGEMENT Joseph Keng 415-885-6970 ext. 101 www.wcpm.com
MEDIATION
THE BAR ASSOCIATION OF SAN FRANCISCO CONFLICT INTERVENTION SERVICE Scott Goering 415-782-8940 sgoering@sfbar.org
ONLINE PAYMENT SERVICES IMANAGE RENTS Hatef Maoghimi hatef@imanagerent.com wwwimanagerent.com ROOST Chanin Balance chanin@joinroost.com
415-547-0049
(503) 888-2528
PETERS PAINTING SERVICES Peter Pantazelos 415-647-4722 www.peterspainting.com TARA PRO PAINTING INC. Brian Layden www.tarapropainting.com
415-334-3277
PEST CONTROL
ATCO PEST & TERMITE CONTROL & HOME RESTORATION Richard Estrada 415-898-2282 www.atcopestcontrol.com CROWN & SHIELD PEST SOLUTIONS-PREMIER Aurora Garcia-Vidaca 415-893-9551 www.crownandshieldpestsolutions.com THERMAL SOLUTIONS Jeremy Bedford (925) 381-6426 office@thermalsolutionspc.com
PLUMBING & HEATING
C.R. REICHEL ENGINEERING CO. INC. Tim Lordier 415-431-7100 www.crreichel.com PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com R & L Plumbing R & L PLUMBING Larry Bustillos 415- 651-4977 larry@rl.plumbing www.rlplumbingsanfrancisco.com URGENT ROOTER AND PLUMBING INC. Albert Lee 415-387-8163 urgentrtr@sbcglobal.net
PROJECT MANAGEMENT CREATIVE WEALTH CAPITAL MichaelGallin mike@creativewealthcapital.com
PROPERTY MANAGEMENT
ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com ALEXANDERSON PROPERTIES Eric Alexanderson 415-285-3737 www.alexandersonproperties.com AMORE REAL ESTATE, INC Jerry Hsieh 415-567-4800 www.amoresf.com AYS MANAGEMENT Kevin Newsome 510-708-0165 ayspropertymanager@gmail.com BEAM PROPERTIES, INC. Darius Chan darius@sfbeam.com
415-254-8679
PAINTING CONTRACTORS
BORN PROPERTY MANAGEMENT Jason Born 650-271-7048 x 111 Jason@bornpm.com
415-254-7818
415-608-3050
KRUITPAINTING, INC. Pieter Kruit www.kruitpainting.com
PAC WEST PAINTING INC. Brian Beaulieu 415-457-0724 www.pacwestpaintinginc.com
BERENDT PROPERTIES Craig Berendt craig.berendt@gmail.com
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BROOKFIELD PROPERTY GROUPPRESIDIO LANDMARK Jon King 855-327-5376 jon.king@brookfieldproperties.com
EMBC Nancy Wong www.ebmc.com nancywong@ebmc.com
CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com
EQUITY ONE Brenda M. Obra www.equity1sf.com
CREATIVE WEALTH CAPTIAL Michael Gallin 415-779-6241 mike@creativewealthcapital.com
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com
HOGAN & VEST INC. Simon Wong hoganvest.com
DEWOLF REALTY CO. INC. William A. Talmage www.dewolfsf.com
415-221-2032
GEORGE GOODWIN REALTY, INC. Chris Galassi 415-681-1265 www.goodwin-realty.com
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
EBALDC Felicia Scruggs FScruggs@ebaldc.org
510-287-5353
GREENTREE PROPERTY MANAGEMENT Scott Moore 415-828-8757 www.greentreepmco.com
INCOME PROPERTY SPECIALISTS Clayton Llewellyn 408-446-0848 www.ipsmanagement.cc
(707) 584-5123
415-441-1200
property management The following members are SFAA Property Management Members. They fully support the organization and are dedicated to SFAA’s goals. For more information about the benefits of becoming a Property Management Member, contact Maria Shea at maria@sfaa.org or 415-255-2288 x 10. ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com
PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net
AMERICAN MARKETING SYSTEMS INC. Robb Fleischer 415-447-2020 www.amsires.com
PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com
CECCHINI REALTY CO. Dante Cecchini, CCRM www.cecchinirealty.com
PROGRESSIVE PROPERTY GROUP Dace Dislere & Joe Gillach 415-515-4329
415-550-8855
CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com DEWOLF William Talmage www.dewolfsf.com
415-221-2032
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com GREENTREE PROPERTY MANAGEMENT 415-828-8757 www.greentreepmco.com HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com J. WAVRO PROPERTY MANAGEMENT James Wavro 415-509-3456 LINGSCH REALTY Natalie M. Drees www.lingschrealty.com
64
415-648-1516
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net
GORDON CLIFFORD PROPERTIES, INC. Patrick Clifford 415-613-7694 patrick@gcpropertiessf.com 415-421-7116
JACKSON GROUP PROPERTY MANGEMENT, INC. Raymond Scarabosio 415-608-8300 ray@jacksongroup.net JAMES D. MULLIN REAL ESTATE BROKER James D. Mullin 415-470-0450 jamesdmullinre@gmail.com JD MANAGEMENT GROUP, INC. Jonathan Davis 510-387-7792 jonathan.davis@jdmginc.com LINGSCH REALTY Natalie M. Dress www.lingschrealty.com
415-648-1516
MERIDIAN MANAGEMENT GROUP Randall Chapman 415-434-9700 www.mmgprop.com MYND MANAGEMENT, INC. Stacy Winship 510-306-4440 www.mynd.co NEW GENERATION INVESTMENTS Jonathan Ng 415-735-8233 jtng.ngi@gmail.com OPEN WORLD PROPERTIES Jonathan Daryl Fleming 510-250-0946 jonathan@openworldproperties.com www.Openworldproperties.Com
REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com
PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net
S&L REALTY Robert Link www.slrealty-sf.com
PILLAR CAPITAL REAL ESTATE Jonathan Ng (415) 885-9584
415-386-3111
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.sutroproperties.com VERTEX PROPERTY GROUP Craig Berendt 415-608-3050 vertexsf.com WEST & PRASZKER REALTORS Michael Klestoff 415-661-5300 www.wprealtors.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com
members JANUARY 2022 | SF APARTMENT MAGAZINE
GM GREEN REAL ESTATE INC. George Green 415-608-6485 ggreen@gmgreen.com www.gmgreen.com
jonathan@thepillarcapital.com PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com PRIME METROPOLIS PROPERTIES, INC. Tom Chan 415-731-0303 tomchan@pmp1988.com PROGRESSIVE PROPERTY GROUP Dace Dislere 415-794-9727 www.progressivesf.com PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen, Broker, CCRM, MPM®, RMP® 415-661-3860 www.propertymanagementsystems.net RAMSEY PROPERTIES Brian E. Ramsey 415-474-5175 Brian@RamseyPropertiesSF.com REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com
ROCKAWAY RESIDENTIAL MANAGEMENT Kristine Abbey 650-290-3084 www.rockawayresidential.com ROCKWELL PROPERTIES Mark Kaplan 415-398-2400 propertymanagement@rockwellproperties.com RNB PROPERTY MANAGEMENT GOLDEN GATE Kaveh Gorgani 415-413-3827 kaveh@rnbemail.com www.rnbgoldengate.com SHARVEST PROPERTY MANAGEMENT, LLC Timothy D. Gilmartin 650-347-2020 tim@thegilmartins.com SIERRA PROPERTY PROFESSIONALS Sonali Herrera sierrappinc@gmail.com SKYLINE PMG, INC. Nicholas Bowers 415-968-9903 Nicholas@skylinepmg.com STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.SutroProperties.com THRIVE PROPERTY MANAGEMENT, INC. Giovani Franco 650-296-3880 www.thrivecommunities.com W. PROPERTY MANAGEMENT Gary Petrison 707-545-6187 gary@wpropertymanagement.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com WEST & PRASZKER REALTORS Michael Klestoff 415-699-3266 www.wprealtors.com WOOD PARTNERS Melissa Rankin 628-251-1101 melissa.rankin@woodpartners.com YMPG Yelena Gelzer 415-260-6325 yglezer@ympg-management.com
PROPERTY MANAGEMENT SOFTWARE
APPFOLIO Mindy Sorenson 805-364-6098 mindy.sorenson@appfolio.com
REAL ESTATE BROKERS & AGENTS
ALAIN PINEL INVESTMENT GROUP Mirella Webb 415-814-6699 mwebb@apr.com BERKSHIRE HATHAWAY FRANCISCAN PROPERTIES Edward Milestone 415-994-5969 MilestoneRealEstateSF@gmail.com BIG TREE PROPERTIES Evan Matteo 415-305-4931 evan@bigtreeproperties.com COLDWELL BANKER COMMERCIAL NRT Steven Caravelli 415-229-1367 steven.caravelli@cbnorcal.com COLLIERS INTERNATIONAL- JAMES DEVINCENTI James Devincenti 415-288-7848 www.THEDLTEAM.com COLLIERS INTERNATIONAL Payam Nejad 415-288-7872 www.colliers.com/payam.nejad COMPASS COMMERCIAL BROKERAGE John Antonini 415-794-9510 john@antoninisf.com COMPASS COMMERCIAL BROKERAGE Chris J. Connor chris.oconnor@compass.com COMPASS COMMERCIAL BROKERAGE Adam Filly 415-516-9843 adam@adamfilly.com COMPASS COMMERCIAL BROKERAGE John Kirkpatrick (425) 412-0559 john.kirkpatrick@compass.com www.johnkirkpatrick.com COMPASS COMMERCIAL BROKERAGE Jay Greenberg (415) 378-6755 jay@jayhgreenberg.com CORCORAN GLOBAL LIVING COMMERCIAL Terrence Jones 415-786-2216 terrence@terrencejonesSF.com www.terrencejones.com EXP COMMERICAL Jeremy Williams 415-932-9846 jeremy@jeremywilliams.com www.sfcommercialrealty.com FERRIGNO REAL ESTATE Chris Ferrigno 415-641-0661 www.ferrignorealestate.com
HEMLANE, INC. Dana Dunford dana@hemlane.com
385-355-4361
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
YARDI Kelly Krier kelly.krier@yardi.com
805-699-2040
ICON REAL ESTATE INC. Jason Quashnofsky jason@iconsf.com
REAL ESTATE APPRAISALS MARK WATTS COMMERCIAL APPRAISAL Mark Watts 415-990-0025 www.markwattscommercialappraisal.com HARPER & ASSOCIATES Jay Harper jharpsf@att.net
415-647-9243
(415) 370-7077
KILBY STENKAMP-VANGUARD PROPERTIES Kilby Stenkamp 415-370-7582 LESLIE BURNLEY Leslie Burnley leslie.j.burnley@gmail.com leslieburnley.com
415-717-8709
MARCUS & MILLICHAP Sanford Skeie 415-625-2153 www.marcusmillichap.com
MORGAN REAL ESTATE ADVISORS, INC. Laurence Morgan 415-300-6503 laurence@morganrealestateadvisor.com www.morganrealestateadvisor.com NEWMARK KNIGHT FRANK Matthew C. Sheridan 415-273-2179 aptgroupsf.com S&L REALTY Robert Link www.slrealty-sf.com
415-386-3111
STEELE PROPERTIES Ryan Steele 415-881-7762 www.steeleproperties.com W. REAL ESTATE Tim Mueller 415-961-6531 timothymueller@hotmail.com WEST & PRASZKER REALTORS Michael Klestoff 415-312-2245 klestoffmre@aol.com VANGUARD COMMERCIAL Allison Chapleau 415-516-0648 allison@allisonchapleau.com www.allisonchapleau.com ZEPHYR REAL ESTATE Dawn Cusulos 415-678-8854 dawncusulos@zephyrre.com
REAL ESTATE INVESTMENTS COMPASS COMMERCIAL BROKERAGE Trigg Splenda 415-593-8616
MARCUS MILLICHAP Clinton C. Textor III 415-425-9123 www.marcusmillichap.com
REFINISHING / RESURFACING SERVICE
MIRACLE METHOD OF SAN FRANCISCO Claire Gray 415-673-4211 www.miraclemethod.com
RENT BOARD PETITIONS
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net REAL MANAGEMENT COMPANY Melinda Greene 415-230-8895 www.RMCsf.com RENT BOARD PASSTHROUGHS Kim Boyd Bermingham 415-333-8005 www.rentboardpass.com
RENTAL LISTING SERVICES APARTMENT LIST Alex Mashburn 678-467-0411 amashburn@apartmentlist.com COSTAR Aj Herlitz www.costargroup.com aherlitz@costar.com
(844) 459-1495
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com REALPAGE Stacey Blackwell 972-820-3015 stacey.blackwell@realpage.com www.realpage.com
SF APARTMENT MAGAZINE | JANUARY 2022
65
sfaa sfaa 2022 membership application
Thank you for joining the San Francisco Apartment Association. SFAA is dedicated to educating, advocating for and supporting the Rental Housing Community so that its members operate ethically, fairly and profitably. Please consult a tax preparer in advance to determine deductibility for your tax situation. Membership fees are subject to change. MEMBERSHIP LEVEL & COST
Units
Base Fee
Units Fee
$425 +
$7 per unit =
23 +
$350 +
$9 per unit =
TOTAL UNIT AMOUNT: MANAGEMENT COMPANY DUES Base Fee
Unit Fee
1-22
$525 +
$4.50 per unit =
23 +
$480 +
$6.50 per unit =
GORDON CLIFFORD PROPERTIES, INC. PatrickClifford 415-613-7694 patrick@gcpropertiessf.com HAMILTON FAMILY CENTER Mayo Lunt 510-763-8540 x230 www.hamiltonfamiles.org
LINGSCH REALTY Natalie M. Drees www.lingschrealty.com RELISTO Eric Baird www.relisto.com eric@relisto.com
TOTAL AMOUNT:
ASSOCIATE MEMBER DUES: $499
415-509-3456
Contact Person
415-648-1516
415-236-6116, ext 101
RENTALS IN S.F. Jackie Tom www.rentalsinsf.com
CONTACT INFORMATION
415-409-3263
RENTSFNOW Claussen 415-762-0213 kclaussen@veritasinv.com
Company/Title Address City
State
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
Zip
Mobile Phone Email Address
Website
SECURITY
PAYMENT METHOD Check
BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com
KENNEY AND EVEREST REAL ESTATE, INC. Maureen Kenney 415-929-0717 maureen@kenneyrealestate.com
TOTAL AMOUNT:
TOTAL UNIT AMOUNT:
RESIDENTIAL LEASING
J. WAVRO ASSOCIATES James Wavro www.jwavro.com
Units
949-702-1508
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
REGULAR MEMBER DUES
1-22
ZUMPER, INC. Connor Hodges connor@zumper.com www.zumper.com
Amex
MC
Visa
3 Digit Security Code
Card #
Expiration Date
Cardholder Name
Billing Zip Code
Authorized Signature
Date HOW DID YOU HEAR ABOUT US?
Referral From
Postcard/Mailer
Magazine
Website
Rent Board
Other
ADT SECURITY MULTIFAMILY Jeanette Mendez (817) 776-0301 jjmendez@adt.com TRKA AMERICAS Isabella Restrepo irestrepo@trakausa.com
407-735-1728
SECURITY DEPOSIT ALTERNATIVES THE GUARANTORS Jules Thetford jules@theguarantors.com
214-403-2792
SEISMIC RETROFIT & STRUCTURAL ENGINEERING
San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
66
JANUARY 2022 | SF APARTMENT MAGAZINE
THE GUARANTORS Jules Thetford jules@theguarantors.com
214-403-2792
BAI CONSTRUCTION Behnam Afshar www.baiconstruction.com
510-595-1994
EXT 101W. CHARLES PERRY Charles Perry 650-638-9546 www.wcharlesperry.com
WEST COAST PREMIER CONSTRUCTION, INC. Homy Sikaroudi, PhD, PE 510-271-0950 www.wcpc-inc.com
SUBMETERS
LIVABLE Daniel Sharabi www.livable.com
415-937-7283
TENANT PLACEMENT & LISTING
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
WATER CONSERVATION SERVICE
SF PUBLIC UTILITIES COMMISSION Chandra Johnson 415-554-0704 www.conserve.sfwater.org
WATER DAMAGE SERVICE
FIRE AND WATER DAMAGE RECOVERY Maria Neumann 800-886-1801 www.waterdamagerecovery.net
WATERPROOFING
KELLEY PAINTING AND WATERPROOFING Mitchell Kelley 415-847-7883 www.kelleypaintingandwaterproofing.com
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REAL ESTATE BROKERS
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Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by SFAA, express or implied, of the advertiser or any goods or services offered. Advertisers in red are Associate Members of SFAA.
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415.775.8513 SF APARTMENT MAGAZINE | JANUARY 2022
67
sfaa sfaa 2022 What You Need to Know
A Class Act… continued on from page 38
SFAM: Any thoughts on what it might be like to be a member of this first postCOVID class?
Easton: Like so many other com-
munity groups, we unfortunately had to suspend the program the last two years because of the pandemic. I’m optimistic; I really think we’re on the right track toward
2022 SFAA UPDATES
bringing people together face to face by next fall.
VIRTUAL MEMBER MEETINGS
If you are selected to join the class, you can
WEDNESDAY, JANUARY 19 9:00 A.M.
work, and communication skills; do a lot of
expect to work on your leadership, teamdebriefing and small group conversation around the content; and become introduced to many different ways of learning
UPCOMING CLASSES During the pandemic, the monthly SFAA member meetings and classes will be held virtually. For member meeting topics and schedules, go to www.sfaa.org. For a list of virtual SFAA classes, turn to the calendar on page 60.
and communicating. But we also state that fun is one of our goals! We build in organic time to connect, including post-session happy hours. As we come out of the pandemic, it’s an excellent time to strengthen our relationship to community trusteeship and to each
SFAA OFFICE CLOSURE While the SFAA office remains closed to the public, staff is working round-the-clock to keep the nonprofit running. Timely payment of membership dues is necessary to help the association help you. Email MemberQuestions@sfaa.org to have your questions and concerns promptly addressed.
other. The city is amid change and new ideas, and we need to support leaders and cross-sector collaboration more than ever. We’re looking forward to September 2022! Dianne Easton is the Executive Director of Leadership San Francisco and can be reached at deaston@leadershipsf.org or at 415-352-8826. Nora Boxer is a freelance writer and a former editor of SF Apartment Magazine.
Know Your Numbers! San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
68
JANUARY 2022 | SF APARTMENT MAGAZINE
Turn to page 55 for updated information on allowable rent increases, security deposit interest and more.
KEEP ON GIVING One thing we can all agree on is that this year has been tough in different ways for just about everyone. If you’re looking for ways to give back after the holiday season, consider supporting your community through these local organizations.
ABODE SERVICES abodeservices.org Abode’s mission is to end homelessness by putting “Housing First,” a proven strategy that recognizes unhoused people don’t need to jump through hoops— they need a home. Once housed, the organization provides these individuals with the support and services they need to become stable.
HOMELESS PRENATAL PROGRAM homelessprenatal.org/donate A nationally recognized family resource center in San Francisco that empowers homeless and low-income families, particularly mothers motivated by pregnancy and parenthood, to find within themselves the strength and confidence they need to transform their lives.
On the List. Is finding a great service provider on your To-do List? Check out the Professional Services Directory for experienced apartment industry professionals.
62 Starts on page
LEADERSHIP SAN FRANCISCO leadershipsf.org Participants in this annual, 10-month program are challenged to increase their understanding of the environment in which they live and work, and to learn how to respond effectively to community issues. They are part of a unique network of concerned citizens, taking an active role in influencing quality of life in the San Francisco Bay Area. For an application for the 2022 program or for more information, contact the program director, Dianne Easton at deaston@leadershipsf.org.
MEALS ON WHEELS mowsf.org/donate Help thousands of San Francisco seniors by donating to Meals on Wheels. Meals on Wheels provides a network of services that allows seniors to live in their homes with dignity and independence. They are the only organization in San Francisco that offers two home-delivered, nutritionally tailored meals every day, seven days a week.
SAN FRANCISCO HOUSING FOUNDATION sfhousingfoundation.org In partnership with the San Francisco Apartment Association, SFHF helps rental property owners who do not speak English as their primary language keep up with San Francisco’s ever-changing landlord-tenant laws through education and translation services.
SWORDS TO PLOWSHARES swords-to-plowshares.org/donate Swords to Plowshares is a Bay Area-based nonprofit organization dedicated to supporting all veterans, including 3,000 homeless, low-income, and at-risk local vets each year. The organization offers employment and job training, supportive housing programs, permanent housing placement, counseling and case management, and legal services. SF APARTMENT MAGAZINE | JANUARY 2022
69
40 YEARS OF EFFECTIVE, HANDS ON EXPERIENCE!
Give 10 Get 10! Give us 10 minutes of your time, learn how we can increase your bottom line and get a Starbucks gift card on Us!
Renee A. Engelen, DRE 01879547
(415) 810-6020 INFO@HRHREALESTATE.COM
70
JANUARY 2022 | SF APARTMENT MAGAZINE
PROVEN EXPERTISE IN: PROPERTY MANAGEMENT PROPERTY LEASING SALES & ACQUISITIONS CONSULTING PROJECT MANAGEMENT CONTRACT NEGOTIATIONS
PRESIDENT Professional Property Managers Association of San Francisco
SF APARTMENT MAGAZINE | JANUARY 2022
71
Piece of Work… continued from page 42
received, and keep it for four years from the
Keeping The San Francisco Bay Area Safe Since 1988
date of receipt. For persons who are hired, the employer is obligated to maintain personnel files, applications, employment referrals, and membership records for at least four years after the records are initially created or received, or after the date of any employment action, whichever is longer. Employers that keep
FIRE ESCAPE SERVICE & MAINTENANCE
an employee’s complete personnel file for four years after the employee’s separation from employment will more than meet this requirement. For longterm employees,
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keeping the complete file may result in a substantial paper file. Files may be retained in electronic format. However, employers must assure that they can access electronically stored information for the full required duration. Employers who rely on human resources vendors may be surprised to learn that the vendor does not retain files if the employer decides to take the work inhouse or switch vendors.
Non-Disparagement Provisions Restricted California employers may no longer require employees to sign an agreement limiting the employee’s rights to disclose information about workplace harassment or discrimination. The new law applies to agreements with current employees and prospective employees. In addition, when claims of workplace discrimination, harassment, or retaliation are settled, the employer may no longer prevent the employee from disclosing “factual information” re-
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garding the alleged wrongful acts. The prohibition against non-disclosure provisions was initially an outgrowth of the “Me Too” movement, as some wealthy and powerful harassers were able to buy their accusers’ silence and continue harassing others. A confidentiality provision has long been a standard term of settlement agreements in employment cases. Employers, even those who believed they had done no
3001 LAGUNA STREET, SAN FRANCISCO CA 94123 (415) 567-4800 www.amoresf.com
72
JANUARY 2022 | SF APARTMENT MAGAZINE
wrong, were often interested in resolving claims to avoid the costs of litigation and potential negative publicity. In the era of social media, allegations can spread rapidly
and negative statements about the work
Passthroughs
environment can damage an employer’s
PAY!
ability to obtain and retain quality employees. Employers are carefully watching this situation, to determine whether the inability to avoid negative publicity will reduce the amounts being paid to resolve claims of
Take advantage of the Rent Board rules that benefit you.
discrimination, harassment, and retaliation. Maggie Grover has been helping California employers understand the complex state and federal laws governing the employment relationship for more than 30 years. She also conducts neutral investigations and mediates employment-related claims. She can be reached at mgrover@groverworkplacesolutions.com or 415-596-9433.
We prepare petitions for • Soft Story/Voluntary Seismic • General Capital Improvements • Operating and Maintenance and also • Annual Increase letters • General and Water Bond Passthroughs
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SF APARTMENT MAGAZINE | JANUARY 2022
73
2022 Winter CCRM Webinar Night Series Schedule & Registration Course Course Name #
Date
PRICE
Time
Member
# of NonTotal Member Attendees
Series
Full CCRM Series (Value Savings)
PMR100
Introduction to Ethical Property Management
1/11/2022
6PM-9PM
$85.00
$100.00
PMR101
Renting the Property
1/18/2022
6PM-9PM
$85.00
$100.00
PMR102
Beginning and Maintaining the Tenancy
1/25/2022
6PM-9PM
$85.00
$100.00
PMR103
Renewal of Tenancy and Ending the Tenancy
2/1/2022
6PM-9PM
$85.00
$100.00
PMR104
Maintenance Management: Maintaining the Property
2/8/2022
6PM-9PM
$85.00
$100.00
PMR105
Liability & Risk Management
2/15/2022
6PM-9PM
$85.00
$100.00
PMR106
Budget Development and Implementation
2/22/2022
6PM-9PM
$85.00
$100.00
PMR107
Fair Housing: It’s the Law
3/1/2022
6PM-9PM
$85.00
$100.00
PMR108
Professional Skills for Supervisors
3/8/2022
6PM-9PM
$85.00
$100.00
EXAM
CCRM Final Exam
3/15/2022
6PM-9PM
FREE
See schedule below
Class Location Zoom Webinar System Upon registration the Zoom link will be emailed to the student Class is every Tuesday Instructor: Ryan Patrick, Wiegel Law Group
FREE
Total Due:
To Register
Online: www.sfaa.org Call: 415-255-2288 x110 Email: maria@sfaa.org
(includes 9th Edition Managing Rental Housing textbook, CCRM binder and Welcome Packet; does not include the $75 CCRM application fee)
Attendee Information: o Member
Attendee Name:
Title:
Company Name:
Address
City:
Phone:
Fax:
E-Mail:
Local Association ID Number:
Payment Information: o Credit Card
Zip:
o Mailing Check o Series Invoicing (members only benefit)
Credit card number: Signature:
o Non Member
Exp. Date Name printed:
Cancellation Policy: Cancellations must be made 72 hours in advance for a refund. SFAA does not provide refunds for No-Shows. Non-members must pay by credit card only!!!
*Students requesting CalBRE Continuing Education Credits must show picture ID, immediately before admittance to the live offering.
74
caanet.org events@caanet.org
JANUARY 2022 •| 980 SF APARTMENT MAGAZINE 800.967.4222 Ninth Street, Suite 1430 • Sacramento, CA 95814
JOHN ANTONINI + DANIEL FOLEY MULTIFAMILY + MIXED-USE + ADD-VALUE “Buy land, they’re not making it anymore.” -Mark Twain
2021 SALES
SOLD
SOLD
517 36th Ave
1558 Grant Ave
12 Units
5 Units
Outer Richmond
Telegraph Hill
Closed Q4 2021
Closed Q4 2021
John Antonini
DanielFoley Foley Daniel
415.794.9510
415.866.7997
john@antoninisf.com
daniel@danielfoley.com www.danielfoley.com
www.antoninisf.com
www.danielfoley.com
DRE 01842830
415.866.7997
daniel@danielfoley.com
DRE 01866714
DRE 01866714
Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License number 01527235. All material presented herein is intended for informational purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any description. All measurements and square footage are approximate.
SF APARTMENT MAGAZINE | JANUARY 2022
75
TO MOST PEOPLE, THIS IS JUST A SMART LOOKING DUPLEX
TO YOU, IT’S BEEN A SMART WAY TO DOUBLE YOUR MONEY. We know the properties we manage mean more to owners like you than meets the eye. That’s why, for 75 years and across three generations of our family, we’ve taken the long view -- building great working relationships as we build value. Because when it comes to taking care of your investment, we definitely see eye-to-eye. celebrating
gaetanirealestate.com 415.668.1202
75 YEARS