February 2021

Page 1

SF APARTMENT magazine

THE RACE TO

RENT

DOUBLE DOWN TO LEASE UP

San Francisco Apartment Association February 2021 / $7.00


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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.

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SF APA magazine

SF APARTMENT

contents

Features

22

Shoot for the Stars BY PAM MCELROY

28

Small Sites Insights BY THE JONES TEAM

34

Dollars and Rents BY CLIFFORD E. FRIED

34 4

FEBRUARY 2021 | SF APARTMENT MAGAZINE


PARTM Columns

Membership

8

16

Rent Relief Debrief

Last but Not Lease

The News

12

Board Report

Legal Q&A

BY VARIOUS AUTHORS

36

Turn a New Lease

Sacramento Report

BY ERIC R. ANDRESEN

Silver Linings Yearbook BY DEBRA CARLTON

42

Calendar

44

Professional Services Directory

48

Membership Application

8

SF APARTMENT MAGAZINE | FEBRUARY 2021

5


ANYONE CAN MANAGE YOUR PROPERTY. WE’D RATHER PROTECT YOUR INVESTMENT. Berendt Properties 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. BERENDT PROPERTIES

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magazine

SF APARTMENT

San Francisco Apartment Association Office 265 Ivy Street San Francisco, CA 94102 Tel 415-255-2288 Fax 415-255-1112 Email sfaa@sfaa.org Web www.sfaa.org

SFAA Staff Executive Director Janan New

Deputy Director Vanessa Khaleel

Education Specialist Stephanie Alonzo Marketing Lara Kisich

Member Services Manager Maria Shea

Government and Community Affairs Charley Goss

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, Kent Mar, Neveo Mosser, J.J. Panzer,

VOLUME XXXIV, NUMBER 2 FEBRUARY 2021 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 $65 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 @2021 by SFAA.

Bert Polacci, James Sangiacomo Dave Wasserman

SF APARTMENT MAGAZINE | FEBRUARY 2021

7


COLUMN

THE NEWS

zone to streamline walkable infill housing developments. According to Senator Caballero, her vision for SB 6 is to support “neighborhoods where you can live shop, take care of your banking or insurance needs all within walking distance. Creating a walkable community that is affordable.” SB 9, also known as The California

Rent Relief Debrief

Rental property owners can now apply for rent relief on behalf of tenants—with their permission. Editor’s Note: state and federal guide-

Housing Opportunity and More Efficiency (HOME) Act, would streamline the process for new housing units while maintaining local control and preserving neighborhood character. It would allow homeowners to create a duplex or subdivide existing lots in residential areas throughout the state.

median income or with at least one

lines and legislation are constantly

resident who has been unemployed

SB 10, authored by Senator Scott Wiener

changing regarding COVID-19. For the

for 90 days or more.

(D-San Francisco), would allow local governments to streamline upzoning

latest information, resources, financial aid, and forms, visit www.sfaa.org or

Landlords can apply for this financial

for qualified parcels for up to 10-unit

www.caanet.org/coronavirus.

assistance on behalf of their residents,

residential buildings. To qualify, projects

with the residents’ knowledge and

must be in job-and-transit-rich areas,

The Federal Emergency Rental As-

consent in the form of a signed ap-

meaning locations that would allow

sistance Fund includes $25 billion

plication. The landlord will also need

shorter commutes or are within a half

for emergency rental assistance. As

resident cooperation to provide the

mile of a major transit stop. These proj-

planned, these funds will be distributed

necessary information and documents

ects would still be subject to the Califor-

to states and local governments by Janu-

to prove eligibility.

nia Environmental Quality Act.

then have until the end of the year to dis-

The ordinance specifies that the funds

This bill is a revision of Senator Wiener’s

tribute the funds.

be paid directly to the landlord or utility

SB 902 from last year. “SB 10 provides

provider, on behalf of the household.

cities with a powerful, fast, and effec-

ary 26, 2021. Local governments will

tive tool to allow light-touch density

Households that qualify for this financial relief have a household income of no more than 80% of the area median

exactly where it should be: near jobs, near public transportation, and in exist-

Housing Legislation in the Pipeline

ing urbanized area. SB 10 will help move

qualifies for unemployment benefits or experienced a reduction in income

SB 6, authored by Senator Anna Ca-

housing policy and toward a more sus-

due to COVID-19; have at least one

ballero (D-Salinas), is a revision of

tainable, equitable and effective housing

resident who can demonstrate a risk

the previously proposed Neighbor-

policy,” Wiener said in a statement.

for homelessness through a past-due

hoods Homes Act. The bill, written

utility bill or eviction notice, or unsafe

in response to continually increasing

SB 30, also known as the Building De-

or unhealthy living conditions. Prior-

commercial vacancies, would override

carbonization package, was authored

ity will be given to households with a

local prohibitions on residential uses

by new Senator Dave Cortese (D-San

total income of less than 50% the area

on properties within any commercial

Jose). The bill would require that new

income; have at least one resident who

8

For more information, visit caanet.org.

FEBRUARY 2021 | SF APARTMENT MAGAZINE

California away from a sprawl-based


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3 Units in Eureka Valley

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SF APARTMENT MAGAZINE | FEBRUARY 2021

9


ANNUAL ALLOWABLE RENT INCREASE Effective March 1, 2021 through February 28, 2022, the allowable annual rent increase amount will be .7%. To calculate the allowable rent increase, multiply the tenant’s base rent by .007. Annual increases must be calculated only on the tenant’s base rent, which does not include capital improvement passthroughs, utility passthroughs, or bond measure passthroughs. Rent increases cannot be “rounded up” to the nearest dollar. For more information, visit the San Francisco Rent Board website at sfrb.org or you can call them at (415) 252-4600.

state buildings have zero emissions as of 2022 and that all state properties reach carbon-neutrality by 2035. The state would also divest in non-carbon neutral projects by 2023.

mail to the Assessor-Recorder’s Office, Attn:

goods and services, including that of

Informal Review. For more information and

rental housing, by over 10% above

instructions, visit sfassessor.org or email

pre-emergency levels.

InformalReviewRP@sfgov.org. Anyone convicted of violating the state

Price-Gouging Protections Extended

anti-price-gouging law can face a year in

Protections against price gouging, includ-

county jail, a fine of up to $10,000, or both,

ing rent increases over 10%, have been

as well as civil penalties. Local ordinances

extended until the end of 2021 in several

may impose additional penalties.

counties ravaged by wildfires. This content was provided by the Califor-

Protections against price gouging, including rent increases over 10%, have been extended until the end of 2021 in several counties ravaged by wildfires.

Annual Fire Disclosures

nia Apartment Association.

SFAA Updates The SFAA 2021 lease is now available in print and online. To access the lease, visit www.sfaa.org. For details on how this new lease was updated, turn to the Board Report by Eric Andresen on page 12. Rent Board Fee: The Rent Board fee is billed to the landlord each year on the property tax statement, and the law permits the landlord to collect a portion of the Rent Board fee from those tenants in occupancy as of November 1 of each year. For the 2020-2021 tax year, the rental unit fee is $50.00 per apartment unit and $25.00 per residential hotel room. The landlord may collect 50% of the fee from tenants,

Annually before or on January 31, build-

The extended protections apply to the

which is $25.00 per apartment unit and

ing owners must provide tenants with a

counties of Los Angeles, Butte, Mendicino,

$12.50 per residential hotel room.

fire safety information disclosure, a fire

Napa, Ventura and Sonoma, which saw fires

safety tips and training video, smoke alarm

between 2017 and 2019.

rights organizations.

As SFAA pivots to provide you services during the pandemic, there is a new way

information disclosure, and a list of tenants’ Governor Gavin Newsom ordered the

to connect with SFAA. Email Member

extensions on December 30, saying the

Questions@sfaa.org to have your ques-

The San Francisco Fire Department is

counties are still recovering from the

tions and concerns promptly addressed.

ready to help building owners comply with

fires. He said, “Many rebuilding permits

While the SFAA office is closed, SFAA staff

these regulations. The necessary forms,

for homes damaged or destroyed by the

is working round-the-clock to keep the

examples of information disclosures,

wildfires have not yet been submitted,

nonprofit running. Timely payment of

sample letters, detailed instrcutions, and

much less approved.”

membership dues is necessary to help the association help you.

other helpful information can be found— in multiple languages—at sf-fire.gov.org

Besides this county-specific order, statewide protections against price gouging

SFAA classes will be available online

remain in place through March 4, 2021,

during shelter-in-place. The San Fran-

in response to the COVID-19 pandemic.

cisco Apartment Association is happy to

If you believe your property assessed

A different wildfire-related ban on price

announce that current CCRM students

value is higher than market value, you can

gouging also is in effect statewide through

can continue their education during the

request an Informal Assessment Review by

February 14, 2021.

pandemic right from home. We under-

Property Taxes— Informal Review Request

stand keeping up with education is crucial

no later than March 31, 2021. This review request applies to single family dwellings,

The protections imposed by Newsom’s

and want to assist our members to stay up

residential condominiums, townhouses,

executive orders trigger Penal Code

to date. Thus we will be setting up more

live-work lofts, and cooperative units.

Section 396, which makes it illegal to

webinars in the future. See the calendar on

Submit requests online (preferable) or by

increase the price of many consumer

page 42 for a full list of classes.

10

FEBRUARY 2021 | SF APARTMENT MAGAZINE


Adam Filly Exceeding Expectations

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Rohnert Park | 20 Units

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2291 Green St | 5 Units

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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 | FEBRUARY 2021

11


COLUMN

BOARD REPORT

Turn a New Lease w r i t t e n b y E R IC R . A N DR E S E N

Take a look at what’s new in the 2021 SFAA Residential Tenancy Agreement.

O

With the additional addendum and several additions to the RTA, three more pages were at first added to the lease document. Recognizing that it was al-

nce again, Charley Goss—

This COVID nightmare could end to-

ready too big, we rearranged and refor-

SFAA’s government affairs

morrow, but we need to recognize that

matted sections to fit better. The result

director—and I met with a

the courts will likely never again enter-

is that we were able to reduce the RTA’s

volunteer panel of attor-

tain forced housing displacements for

overall length, but please be aware that

neys (remotely this year) to update the

anything except severe nuisances, lim-

some sections have moved around.

SFAA Residential Tenancy Agreement

ited nonpayment of rent (after many

(RTA). It was a great group this year,

chances to cure), and very restricted

Going through the RTA from the begin-

and we managed to accomplish a seri-

no-fault grounds. This is undoubtedly

ning, the first substantial change is the

ous overhaul of the RTA. As of this writ-

the new reality, and we need to mod-

addition of Paragraph 7 – Rent Board

ing, the 2021 RTA has been sent to the

ernize our attitudes. Terms like “evic-

Fees. Recognizing that the Rent Board

printer and is being prepared for online

tions” should no longer be used, and

will likely have to substantially increase

use. The electronic and print versions of

we should not attempt to terminate

the annual fees to pay for staffing that

the agreement will be available the first

a tenancy unless there is an absolute

the Unit Registration and Licensing

week of February..

need to go down that rabbit hole. With

Ordinance will require, we added this

that in mind, we have “toned down”

section to disclose our right to collect a

While we knew we’d make changes due

the RTA by removing trigger words

portion of the fee from the tenants.

to COVID-related restrictions, we also

like eviction, electing instead to use

needed to prepare for the Unit Regis-

phrases like recovering possession of

The next significant change is to the

tration and Licensing Ordinance that

the unit.

“Occupancy” paragraph, now Section 12. Prior RTAs had extensive language

we’ll have to comply with by mid-2022.

Unit Registration and Licensing Ordinance Updates

relating to guests, the number of guests,

becoming more restrictive, so the 2021 RTA reflects an updated approach to

You will also find the new San Fran-

Due to several new rules established by

tenancy terminations.

cisco Rent Registration Addendum

the Board of Supervisors and the Rent

attached to the RTA. A mandatory

Board, such restrictions have become a

Rent Board form may supplant this

thing of the past, so we have removed

COVID-19 has accelerated what was

form in the coming months, but for

the language entirely. We still have some

already happening in San Francisco and

now, we can begin the process of

legal rights in this regard, but they are

the state: evictions, or, to use the mod-

obtaining required unit registration

no longer what they used to be, and the

ern term, forced housing displacements,

information that will be required in

prior language is simply not enforceable.

are becoming a thing of the past. We

July 2022 and annually thereafter. The

need to let go of the fictional notion that

form tracks the Unit Registration and

We have updated language in the “Utili-

a property owner will ever be allowed

Licensing Ordinance in terms of what

ties and House Rules” sections relat-

to forcibly displace residents from their

we’ll need to submit to the Rent Board

ing to recycling, garbage, and boxes.

housing over relatively minor things,

each year for every rental. The form

Each year we have made improvements

like stating false information on a rental

has also been created as an individual

with the recommendations and sup-

application or not covering 80% of the

document for existing tenancies be-

port of Recology, our local scavenger

hardwood flooring.

fore the July 2022 deadline.

company. We have strengthened the

We also recognize that evictions are

COVID-19 Lease Updates

12

Other Updates

FEBRUARY 2021 | SF APARTMENT MAGAZINE

and how long they could stay per year.


SF APARTMENT MAGAZINE | FEBRUARY 2021

13


of repairs to damage tenants may cause. We

SPECIAL THANKS TO THE SFAA VOLUNTEER ATTORNEY PANEL SFFA would like to extend sincere gratitude to our volunteer attorney panel. It is because of their time and expertise that the San Francisco Apartment Association’s Residential Tenancy Agreement is the most reliable and effective tool for San Francisco rental property owners. Special thanks go to Curtis F. Dowling, Dowling & Marquez; Clifford Fried, Fried & Williams, LLP; Justin A. Goodman, Zacks, Freedman & Patterson, PC; Ashley Klein, Kaufman Dolowich & Voluck, LLP; Denise A. Leadbetter, The Offices of Denise A. Leadbetter; Andrew Wiegel, Wiegel Law Group; and Dave Wasserman.

have also added succinct language about who is allowed to do work, and clarified our rights relating to liens or other fines and penalties that may be assessed as a result of improvement work. The “Satellite Dish” section has been updated with new language relating to allowable placement, liability, and owner protections. The “Noise and Behavior” section has been updated with new language to more appropriately establish the expectation that tenants resolve disputes amongst themselves and use neighborhood dispute services before filing any complaints against owners. Parking requirements have been updated to include more restrictions related to storage, and to use and blockage of doors, sidewalks, and fire escapes. We also worked with the San Francisco Fire Department to enhance existing language relating to fire egress, access for firefighters, and maintenance of smoke and carbon monoxide detectors. In the past, we have been reticent to in-

LEASE ACCESS For a fee, SFAA members can access, email, and print the SFAA Residential Tenancy Agreement online. Visit www.sfaa.org and click on “Resources.” For assistance, contact Maria Shea at maria@sfaa.org or 415255-2288 X110.

clude any “attorney fees” language because these clauses attract tenant attorneys to assist bad tenants with unlawful detainer

Is finding a great service

defenses and/or affirmative cases against

provider on your To-do List?

owners. However, legal decisions have made it possible to require the limited reimbursement of fees for court actions filed by the owner for breach of contract and related causes of action, so a new paragraph, Section 54, has been added. And finally, the “Termination” paragraph

requirements that tenants must adhere

received a rewrite and update that further

to relating to recycling regulations and

establishes the right to depend upon

have made it even clearer that tenants are

termination notices from tenants, and the

responsible for disposing of their large

ability to recover costs related to holding

items such as boxes and other debris. We

over. This paragraph also further estab-

have also included our right to recover

lishes the process and expectations when

increased costs related to non-compliance

a tenant terminates their tenancy.

with any of these requirements. As always, however, we do recommend that The “Maintenance and Repairs” paragraph,

you continue to review your legal concerns

now Section 35, was given a complete over-

with qualified local counsel.

haul. We have been adding to it for years, and it was time to review and update the section to meet current standards and to further clarify resident responsibilities, not only for upkeep but also for the expenses

14

FEBRUARY 2021 | SF APARTMENT MAGAZINE

On the List.

Eric Andresen is a past President and continuing member of SFAA’s Board of Directors. He has been responsible for organizing the annual updates of the RTA for many, many years. Eric owns and operates West Coast Property Management and West Coast Property Maintenance companies.

Check out the Professional Services Directory for experienced apartment industry professionals.

44 Starts on page


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SF APARTMENT MAGAZINE | FEBRUARY 2021

15


COLUMN

LEGAL Q&A

Last but Not Lease w r i t t e n b y VA R IOU S AU T HOR S

While rent can be increased to market rate when the last original occupant vacates, there are a few new things to consider with COVID regulations. occupant in the meantime arguably creQ. The last original occu-

pant of a three-bedroom unit gave notice. He noted that the remaining occupants (with whom I've never had contact) are neither interested in leaving nor signing a new lease. What should I do?

ates a “new” tenancy at the older rate.

(And this year, we’ve seen declarations for the pandemic and for the devastating Northern California fires.) Second, San Francisco currently prohibits using rent increases to “coerce a tenant to vacate.” (Presumably, a market rate increase would be tenable, but the standard is uncertain and SFAA is currently challenging this vague expansion of the tenant harassment ordinance.) A more practical approach: Your original occupant is still on the lease. He’s rent-

At common law, the landlord gets to

liable unless and until you create a new

choose who he has a contractual re-

relationship with the subsequent oc-

lationship with. (This is all the more

cupants he left behind and release him

important where rent control is a per-

of liability. So... don’t. You’ll find an ef-

sonal, non-transferrable right.) But rent

fective bargaining position in stressing

control overlays an uncommon regula-

that he’s on the hook for the increased

tory scheme on top of the traditional

rent that his former roommates will

in any era, but it has some additional

landlord-tenant contract. Unless they

have to pay. This dialogue might broker

layers in context of the pandemic. Of

are truly unknown and unapproved,

a buyout agreement where he urges his

course, it is of vital importance that

the subsequent occupants have a bona

friends to move out. Or it might result in

you’re monitoring your “last original

fide right to possession whether or not

a compromise on a rent increase where

occupant,” as their departure prompts

their master tenant remains.

all parties stipulate to a lower-than-mar-

A. This is an important question

ket increase in exchange for a waiver of

your right to vacancy decontrol. Alive and well after the defeat of Proposition

Hopefully, you have not accepted rent

claims and an agreement not to dispute

21, the Costa-Hawkins Rental Hous-

from the remaining occupants while

the increase. This may keep you safe

ing Act allows a market rate increase

asking them to sign a new lease. The

from the perils of exercising your rights

in this circumstance, unless the other

better practice, when an opportunity

while reducing your vacancy rate in a

occupants find a way to frustrate your

for decontrol emerges, is to serve a

declining market.

right to reset the rental rate.

statutory, 90-day notice of rent in—Justin A. Goodman

crease, and refuse to accept anything And you need to be vigilant here. Pan-

other than the new rental rate until

demic law notwithstanding, landlords

your notice expires. You don’t actually

justifiably expect to receive rent in

need a new lease agreement with the

exchange for occupancy. But there are

subsequent occupants anyway; they

“waiver traps” here. A month-to-month

inherit the original terms.

tenancy is essentially a “contract by

16

Q.

As a San Francisco rental property owner, what do I need to know about the unit registration legislation?

A. In December of 2020, the San Fran-

conduct,” which renews every month a

But you should be mindful of some

tenant tenders (and a landlord accepts)

other perils. First, California’s anti-price-

cisco Board of Supervisors passed a rent

a rent payment. Even if you could in-

gouging laws prohibit rental rate in-

ordinance amendment that will require

crease the rent, your acceptance of the

creases above 10% for 30 days following

unit registration and licensing for all

rent-controlled rate from a subsequent

the declaration of a state of emergency.

rental units in the city, including those

FEBRUARY 2021 | SF APARTMENT MAGAZINE


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This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please read the entire Memorandum paying special attention to the risk section prior investing. IRC Section 1031, IRC Section 1033 and IRC Section 721 are complex tax codes therefore you should consult your tax or legal professional for details regarding your situation. There are material risks associated with investing in real estate securities including illiquidity, vacancies, general market conditions and competition, lack of operating history, interest rate risks, general risks of owning/ operating commercial and multifamily properties, financing risks, potential adverse tax consequences, general economic risks, development risks and long hold periods. There is a risk of loss of the entire investment principal. Past performance is not a guarantee of future results. Potential cash flow, potential returns and potential appreciation are not guaranteed. Securities offered through Growth Capital Services member FINRA, SIPC Office of Supervisory Jurisdiction located at 582 Market Street, Suite 300, San Francisco, CA 94104. SF APARTMENT MAGAZINE | FEBRUARY 2021 17 d return

is not gua

ranteed

and is sub

Fully Funded

ject to avai

lable cash

flow.

Fully Funded


that are owner-occupied. The Rent Board

receive a license and business registra-

When communicating this information

will be developing a form to use for this

tion number. Without a license, a land-

to residents, be mindful of legal and

mandatory reporting, although the new

lord may not impose rent increases. The

privacy concerns. Do not disclose the

2021 SFAA Residential Tenancy Agreement

Rent Board annual fee assessed against

identity of the tenant who has been diag-

will include a registration form template as

every rental unit shall be appropriately

nosed. Instead, send a general letter to

an addendum. This is major legislation that

increased to include the costs associated

all residents saying:

will impact the industry in many ways. In

with administering this new program.

particular, we will now have an accurate

The Rent Board Commission will begin

“[O]ne of the residents in this building

measurement of citywide vacancy rates

meeting early in 2021 to discuss what

has tested positive for COVID-19. Recom-

and rent prices. Moreover, should vacancy

“other information” should be required,

mended cleaning and disinfecting protocol

control ever pass, the City will now have an

so stay tuned for more excitement!

will be done to common areas. Please engage in appropriate safety practices recom-

infrastructure in place to determine future SFAA will be offering classes in 2021 on

mended by the Center for Disease Control’s

how to comply with this new law, and

(CDC) website (cdc.gov) and from the San

Owners shall report the following infor-

you will receive announcements about

Francisco Department of Public Health’s

mation under penalty of perjury for each

upcoming Rent Board meetings where

website (sfcdcp.org/covid19).”

rental unit that is rented: (i) the name and

the public may voice input concerning

business contact information (address,

what additional information ought to be

Even before a tenant notifies a landlord that

phone number, email address) of the

included in the annual reporting.

they have been diagnosed, a general letter

rents for vacated units.

can be sent to all tenants to remind every-

owner or property manager; (ii) the busi—Dave Wasserman

ness registration number for the unit; (iii) the approximate square footage of the unit, as well as the number of bedrooms and bathrooms in the unit; (iv) whether the unit is vacant or occupied, and the date when the last vacancy occurred or the current occupancy commenced; (v) the start and end dates of any other vacancies or occupancies that have occurred in the previous 12

Q. How can I prepare for the

possibility of a tenant testing positive for COVID-19 in my building? Is it my responsibility to inform the other tenants?

A. The coronavirus has thrust our

one to practice safety protocols as recommended by the CDC. Some landlords have increased cleaning in areas such as lobbies, stairwells, laundry rooms, mailrooms, and reception areas. Such cleaning includes wiping down surfaces with disinfectant that are frequently touched such as door handles, mailboxes,

months; (vi) the base rent for the unit in

community into unprecedent times. It

and elevator buttons. Landlords can also

$250 increments, and whether the base rent

has caused landlords to come up with

choose to provide hand sanitizer in com-

includes utilities (water/sewer, refuse/recy-

solutions to novel issues. As anxiety over

mon areas of the property, implement

cling, natural gas, electricity, etc.); and (vii)

COVID-19 continues to grow, landlords

policies and practices for social distanc-

“any other information” that the Rent Board

have had to come up with practical

ing such as no more than two persons

deems appropriate. For owner-occupied

solutions to protect themselves and the

from different households permitted in an

units, you must report that it is owner-occu-

residents in their buildings. There are

elevator at a time, shut down common use

pied but need not report anything further.

things a landlord should do when a

rooms to minimize public gathering, and

tenant in a multi-unit dwelling tests

post signage in frequently used areas (like

positive for COVID-19.

a laundry room) to encourage and ensure

The timing for compliance is as follows: (1)

social distancing.

For units in buildings with 10 units or more, this information must initially be reported

It is important to communicate to all

to the Rent Board by July 1, 2022, updated

residents in the building when a tenant

Informing tenants that you are taking ac-

by March 1, 2023, and further updated

has been diagnosed with COVID-19. The

tive precautions could help reduce anxiety.

each year thereafter by March 1; and, (2) in

coronavirus spreads quickly and is highly

The San Francisco’s Department of Public

buildings with fewer than 10 units, includ-

contagious. The other tenants should be

Health has created guidelines for multifam-

ing condominiums, the initial information

informed of this as soon as possible so

ily residential buildings that could be used

must be reported by March 1, 2023 and

they can take necessary precautions.

as a good resource.

updated by March 1 of each successive year. The Rent Board will create a database

Shortly after being notified of a tenant’s

with this information and shall regularly

positive results, the landlord should

generate reports analyzing citywide rents

clean and disinfect common areas of the

and vacancies.

building. This can be done by following recommended cleaning and disinfecting

Only owners who have substantially

protocols as outlined by the Center for

complied with these reporting laws shall

Disease Control (CDC).

18

FEBRUARY 2021 | SF APARTMENT MAGAZINE

—Angelica Sandoval The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Justin A. Goodman is with Zacks, Freedman & Patterson, P.C. and can be reached at 415-956-8100. Dave Wasserman is with Wasserman-Stern Law Offices and can be reached at 415-567-9600. Angelica Sandoval is with Fried & Williams and can be reached at 415-421-0100.


Is Your Building

COMPLIANT?

SAN FRANCISCO FIRE CODE 1103.7.6.1 Deadline is fast approaching! Comply by July 2021

TAKE ACTION NOW…CALL US TODAY!

628-208-0188

SFfire@aec-alarms.com SF APARTMENT MAGAZINE | FEBRUARY 2021

19


Cole Valley | 6 Units | $2,585,000

SOLD

FOR SALE

Lower Pacific Heights | 8 Units | $2,400,000 In association with Dan McGivern

FOR SALE

SOLD

Marina District | 21 Units | $10,200,000 In association with Gino Franco

Alamo Square | 12 Units | $6,950,000 In association with Dan McGivern

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

20

FEBRUARY 2021 | SF APARTMENT MAGAZINE

www.MarcusMillichap.com


Specialization • Expertise • Results

SOLD

Haight Ashbury | 17 Units | $8,050,000

SOLD

North Beach | Mixed Use | $11,000,000

In association with Joe Levy

In association with Taylor Flynn & Gino Franco

Marina District | Retail | $2,800,000

FOR SALE

In association with Doug Mallach

SOLD

Marina District | 9 Units | $6,450,000

Over Asking

To access the investment market, contact the market leader.

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Clinton Textor

First Vice President Investments National Multi Housing Group (415) 625-2157 clinton.textor@marcusmillichap.com License: CA: 01318639

www.MarcusMillichap.com

SF APARTMENT MAGAZINE | FEBRUARY 2021

21


SHOOT for the STARS written by

PA M M C E L ROY

Celebrating the San Francisco rental property industry stars of 2020! While 2020 was certainly a difficult year for the San Francisco rental property industry, there were a few shining stars who made day-to-day life better for industry professionals and residents alike. The San Francisco Apartment Association recognized the people listed in this feature with an SFAA Star Award for going above and beyond during the pandemic. The winners were nominated by their colleagues for seamlessly pivoting to manage changing safety guidelines, comply with local and federal legislation, and meet residents’ needs—all while maintaining contagious, positive attitudes. In addition to the Star Award, winners received a bottle of sparkling wine and a robe to help them unwind during their much-deserved time off. From SFAA and the local rental property industry: Thank you for being a silver lining during the COVID-19 pandemic.

Rory O’Boyle Resident Services Manager Greystar-Fillmore Center Without question, as a new manager Rory has had more responsibility and challenges than he—or any of us—could have imagined when he was promoted to this position early in 2020. “My day-to-day responsibilities have been turned on their head,” Rory said. ” He went on to describe the biggest pivots as re-negotiating rents and having to use virtual tours when prospective residents want to see units in person. He has consistently shown initiative, leadership, team spirit, and support to his team members, the residents, and his managers, despite the challenges 2020 put forth. “I enjoy building a rapport with residents, interacting with them through their daily lives, knowing that they are confident in our work and the services we provide them.” Rory was humbled and honored to have won this award, and it’s proudly displayed in his office.

22

FEBRUARY 2021 | SF APARTMENT MAGAZINE


SF APARTMENT MAGAZINE | FEBRUARY 2021

23


Robin Groen Accountant Trinity Properties

positivity and solidarity where people want to work.”

Esteban Tenjo Associate Property Manager Greentree Property Management

Robin is an invaluable member of the

When the pandemic hit, Greg went right to

According to his colleagues, Esteban is

Trinity team. She can always be counted

work to keep residents safe, installing hand

focused, organized, and solutions ori-

on to support the organization and her

sanitizer stations and face covering signage

ented. His motto is simple yet revolution-

fellow team members—key attributes

throughout every building in the portfolio.

ary: In a world where customer service is

during the pandemic.

“Our day-to-day operations changed en-

dwindling, treat every resident the way

tirely in order to deal with the virus.”

you want your mother to be treated. “I love helping others,” he explained.

The biggest challenge for Robin is having to work from home, where she finds it more

Great was “thrilled” and “surprised” to

difficult to communicate and coordinate

have won this award, and he plans to keep

Esteban understands the power of empathy

with colleagues. “I love working with the

it on his desk, right next to his 2016 SFAA

and says the keys to success in this industry

staff onsite and in the office. We are a close-

Trophy Award.

are active listening and honesty. In response to winning this award, he

ects during the pandemic, including bank

Jun Pena Maintenance Technician Trinity Properties

reconciliation, providing input on new pro-

Jun’s colleagues nominated him for a Star

to continue working hard.”

cesses relating to COVID-19, and a recent

Award not only because he knows Trinity’s

software upgrade. “It feels great working

portfolio properties better than anyone, but

hand-in-hand with different teams through-

also because he is a joy to work with. He is

out Trinity to help with the new processes

known for his steady, consistent, and reli-

Alexander Husary Property Manager Structure Properties

we’re implementing.”

able work (with a smile), which has helped

Alexander was nominated for a Star Award

immeasurably while Trinity navigated

for maintaining his positive attitude and

through the pandemic.

working hard during the stressful chal-

knit group that operates more like a family.” Robin has helped with several key proj-

Teva Myatt Leasing Administrator Brick & Timber

says, “It’s a privilege and I’m honored to be recognized. I’m excited and motivated

lenges that came with the pandemic. At Jun has been working for Trinity for

Structure Properties, Alexander is known

According to Teva, she has found suc-

more than 20 years. While he is skilled at

for his attention to detail and genuine

cess in her career because she is “highly

plumbing, electrical, appliance repair, and

empathy for residents and clients, which

organized, a self-starter, motivated, and

locksmithing, he loves working with resi-

proved invaluable throughout 2020.

innovative.” And for these attributes—

dents and accomplishing new challenges

along with her reliability to draft leases

presented to him. Jun says he is “proud” to

His favorite part of the job is the people!

efficiently and her ability to communicate

work for Trinity, adding that the company

He loves building on his communication

effectively internally and with leads—her

“supports me to achieve personal growth.”

skills and working on a team. Regarding the

colleagues are grateful, which is why they

pandemic, the key is to work hard and find

Her favorite part of the job is the people.

Henry Gordon Property Manager Assistant Gaetani Real Estate

“I really enjoy the people I work with.”

Henry is greatly appreciated at Gaetani

never lose the personal touch” that Struc-

She also credits her colleagues for their

Real Estate for being the company’s “per-

ture Properties values.

continuous support and for motivating her.

son in the field” during the COVID-19 pan-

Teva was “surprised” and “humbled” upon

demic. He worked diligently throughout

receiving her Star Award.

the year to deliver notices, meet inspec-

nominated her for this award.

Greg Goglin Senior Manager, Building Operations Greentree Property Management

solutions. Alexander has been “soaking up” SFAA online classes, “strategically working remotely,” and “leveraging technology to

tors, and take care of the various day-to-

Alexis Romero Tenant Relations Coordinator Lingsch Realty

day tasks that come his way.

During a time when resident retention is a top concern, Alexis quickly addresses

He notes that his job has “changed sig-

maintenance issues, calms frustrated

Through the challenges of 2020, Greg

nificantly” since the start of the pandemic.

residents, and efficiently relays informa-

quadrupled the size of Greentree’s in-

“The health of our tenants and our team

tion to vendors. Her colleagues value her

house maintenance team, while con-

are of the highest importance. Attention

because even in the most stressful situ-

tinuing to put the needs of residents

to detail is an absolute necessity.” Henry

ations, Alexis effectively communicates

first. According to Greg, the secret to his

plans to keep his Star Award on his desk as

with residents, keeping them happy and

success is, “creating an environment of

a “source of motivation.”

living in their units.

24

FEBRUARY 2021 | SF APARTMENT MAGAZINE


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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. © 2020 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 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial SF APARTMENT MAGAZINE | FEBRUARY 2021 Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations.

25


Alexis explains, “I will do everything I can

Of her professional achievements so far,

to ensure that my clients are satisfied and

she’s most proud of winning her SFAA

feel appreciated. I love when I am able to

Star Award, which she plans to keep dis-

remedy a tenant’s concern almost immedi-

played on her desk.

ately... gaining their trust and appreciation

Alexis feels excited to have won a Star

Rincon Building 333 Harrison Street Green Building of the Year

Award, saying it shows how her “hard

Recology was happy to nominate the

work over the past few months has really

Rincon Building (333 Harrison Street) for

paid off.”

the 2020 Green Building of the Year award!

is what makes me love what I do.”

Wanda Brown Resident Manager Greentree Property Management

Of course, Recology appreciates 333 Harrison’s eco-friendly compost and recycling program (and the fact that new residents are welcomed with a Recology sorting

Wanda received a Star Award for going

guide!), but what really makes the building

above and beyond for residents and col-

stand out are the electric vehicle charging

leagues. Despite the stress and anxiety of

stations, bicycle storage rooms with repair

2020, Wanda built a remarkable sense of

stations, and on-site car share vehicles.

community at 2128 Van Ness, spreading joy and connecting with residents (from a

Rincon Green Apartments is a GreenPoint-

safe distance, of course!).

Rated building sustainably designed by David Baker + Partners Architects, sits on

According to Wanda, her success comes

top of Rincon Hill, and includes a commu-

from “always putting forth extra effort”

nity park, a rooftop lounge with a hot tub

and “focusing on the individual needs

and grill, panoramic views, and a 24-hour

of each resident.” She helps residents do

fitness center.

their grocery shopping, pick up prescriptions, and collects mail when they are not feeling well. She has even been known to prepare meals for residents when she feels they need “some extra kindness.”

Be On Your A Game.

Wanda is “thrilled” to have won a Star Award, and thought it was “wonderful” that

Sign up for SFAA classes at www.sfaa.org or by calling 415-255-2288.

Eileen’s colleagues nominated her for a Star Award for really stepping up when the pandemic hit. She personally reached out to residents to offer quarters for laundry machines, worked with residents moving in and out, pivoted to manage virtual inspections and key exchanges, established safety protocols, and communicated with worried rental property owners. “I love helping people,” Eileen explained. “I take pride in my everyday duties, making sure the manager, owners, and tenants’ needs are all taken care of.”

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FEBRUARY 2021 | SF APARTMENT MAGAZINE

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27


SMALL SITES INSIGHTS written by

T H E JO N E S T E A M

With new money funding Small Sites acquisitions, Qualified Non-Profits are looking to buy. Since we last wrote about the Community Opportunity to Purchase Act (COPA) in the August 2020 issue, much has changed. At the top of the list is the possibility that funding has come through for implementing the program through the Preservation section of the Small Sites Program. In November 2020, San Francisco voters passed three propositions to authorize and fund a variety of housing issues. Prop A, the “Health & Homelessness, Parks and Streets Bond” generated a $487.5 million bond; Prop I increased the Sale Transfer Tax on San Francisco real estate sold for over $10 million; and Prop K authorized the city to develop or buy 10,000 units of affordable housing. In addition, back in November 2018, Prop C, “Gross Receipts Tax for Homelessness” was passed, but it was held up in the courts. After a September 2020 ruling, it now appears to be in the clear with close to $500 million that has been held in escrow and is now available to spend. The exact amount available in the Small Sites Program (SSP) is not clear, but the Preservation section is a key funding bucket for the program and it has money ready to use.

What Is COPA? In April 2019, the San Francisco Board of Supervisors passed—and the mayor signed into law—the Community Opportunity to Purchase Act (COPA). The legislation became effective on September 3, 2019, and it requires sellers of residential buildings with three or more units (including vacant land that may be developed to include 3+ units) to offer their properties first to a Qualified Non-Profit (QNP) before putting the property on the market to sell to any private party. It was designed to prevent the loss of lowincome housing via the Ellis Act, an increasing issue in San Francisco, particularly in the Mission District.

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SF APARTMENT MAGAZINE | FEBRUARY 2021

29


COPA in 2020

repairs and replacements that might have

experience with one of our listings South

There were a few Small Site acquisitions

been deferred by the previous owner.”

of Market. In that case, MEDA expressed

completed last year, but according to many

You would think these two benefits

interest and had 25 days to investigate the

of the sales agents we spoke to for this ar-

would make it easy to get buy-in from ten-

property before making an offer, and the

ticle, most of the COPA activity was a pass

ants, especially in San Francisco’s heated

South of Market Community Action Net-

on the building, resulting in delays in the

rental market, but Castro explained that

work (SOMCAN) did the outreach to the

normal sales process without benefits for

it can be hard when tenants ask, “What

tenants who lived in the building.

low-income tenants. The speculation was

will my rent look like? " and "If I am get-

that this was mainly due to lack of funding

ting rid of rent control and operating

The SOMCAN website notes it is a multi-

available to QNPs for purchases.

under this new program, what does that

racial, community-based organization,

really mean?” And one aspect of the SSP

serving low-income immigrant youth

COPA in 2021 and the Future

is a means test, which will determine

and families in SOMA, Excelsior, and

With the potential of a significant influx

the tenant's minimum rent. Tenants are

greater San Francisco since 2000. SOM-

of tax payer funds through the Small Sites

sometimes less receptive to this because

CAN was formed by community leaders

Program, it appears there is now money in

it could mean a rent increase. (Note that

from youth, senior, veteran, Filipino, and

the QNPs acquisition wallets. If this is the

every existing tenant is eligible to stay,

housing organizations to address gentri-

case, then the new question owners in San

regardless of their income). Tenants are

fication and displacement issues. In 2018,

Francisco should be asking themselves is,

expected to pay the minimum rent at the

MEDA purchased the building at 4830

“How do I know if my property is a candi-

onset of the program, which is 20% of

Mission Street, an act which protected

date to be sold to a QNP for the Small Sites

their current income; then each year the

the tenants, transformed the building to a

Program?” We were fortunate to interview

rent will increase by 2% to 3.5% depend-

permanent affordable housing complex,

Juan Diego Castro, a Project Manager at

ing on operational expenses.

and marked the Excelsior District’s first Small Sites acquisition. SOMCAN pro-

Mission Economic Development Agency (MEDA), who helped us answer this ques-

As many owners in San Francisco know,

vided culturally competent outreach and

tion. Castro was very gracious with his

means testing has always been, as MC

counseling to multiple Filipino tenant

time, and he untangled the rules and regu-

Hammer put it, a “Can’t touch this” issue.

families in the building to educate them

lations and gave us tips to help us better

The tenants who are the most likely to

about their rights and options, and that

understand the system. As it turns out, ten-

object to the program are the ones who

led to the successful purchase.

ant “buy-in” to the SSP is the biggest factor

would have their rent increased compared

to help make a deal work.

to rent control. (It is a bit ironic, because if

Unfortunately, when SOMCAN reached

means testing were added to rent control,

out to the tenants in the building we had

For a building to be considered, 80% of

then this would never be an objection for

listed, they received no responses, so

the tenants need to be willing to partici-

this program.) We recently heard through

MEDA decided not to write an offer and

pate in the Small Sites Program. If this

the brokerage community that one sale

we were free to take the building to the

is not in place, the QNP will move on to

that was pretty far along in Chinatown fell

market for sale. In this case, the owner

another deal. Because QNPs now see

apart when a tenant realized that by par-

was very surprised to hear this because

all offerings in San Francisco over three

ticipating in the program his rent would

he thought the building would be a great

units through COPA, there are lots of

increase. This tells us that the best SSP

fit for the program. He then asked us to

properties to review. So, if the tenants

candidates are buildings where 80% of the

contact his tenants directly to investigate.

are not willing to participate, and/or the

tenants are not making significant income.

As he put it, “You know the old Russian proverb: 'Trust, but verify.'"

deal is not financially feasible, the QNP on to the next deal. As Castro put it, “As a

How Does the Tenant Buy-In Typically Occur?

So we called the five tenants and asked

QNP, we have many potential acquisitions

After a QNP has expressed interest in a

them what happened. They claimed that

and in the long run, tenant participation

property, COPA allows a 25-day discovery

no one had contacted them in any way. We

makes the acquisition and future owner-

period to talk to tenants and try to get buy-

asked Castro for his perspective on what

ship smoother.”

in. We learned from Castro that MEDA is

might have happened and he said, “If you

very strong in the Mission district and in

think of this from the tenant's perspective,

has a lot of choices, and they simply move

What Is Tenant Buy-In?

that neighborhood they do the outreach to

when an owner lets the tenants know the

Castro guided us through the process: “It

tenants to secure buy-in. However, MEDA,

building is being sold, it can be a nerve-

is important for the tenants to understand

as one of the more successful QNPs, can

racking experience for the renters. They

the two main benefits of the program in

and does work on projects outside the

don't typically understand how fast or how

order to ‘buy-in.’ First, tenants are guar-

Mission District with the help of outside

slow a real estate sale can happen.” This

anteed permanent affordable housing.

tenant organizing groups. My business

could make them more fearful of com-

Second, the City will fund any essential

partner Isabelle Salvadori and I had this

mitting to an agreement they don't fully

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SF APARTMENT MAGAZINE | FEBRUARY 2021

31


understand. Castro also said that own-

by the Soft Story Program, these types of

ers often perceive that they have a happy

buildings can be a good fit.

relationship with their tenants, but it may

CONDO DEVELOPMENTS TO WATCH IN 2021

not always be that way from the tenants’

SRO—Single Room Occupancy buildings

perspective. In any case, without agree-

are typically difficult to fit into the Small

ment from the tenants, there was no match,

Sites Preservation umbrella because they

The following three communities

the building was a pass, and we took the

operate at very low margins. Historically,

property to the open market.

the only QNPs with in-house SRO man-

will be the most notable condo-

agement are Tenderloin Neighborhood

minium developments to open in 2021.

Speaking to Tenants about Tenant Buy-Ins

Development Corporation (TNDC) and

Castro gave us tips that owners can use to

Center (CCDC), and their strength is with

The Serif, a 242-residence con-

help pre-qualify a building for COPA and

50-unit or more buildings.

dominium building, is set to

Chinatown Community Development

get a tenant buy-in consensus or at least

open in the spring of 2021. De-

start the conversation. “What has been

High Vacancy—High vacancy is not ap-

historically helpful in my projects is where

pealing to the SSP. It is contrary to the

the seller reaches out to the tenants and

“Preservation” mandate of protecting

Handel Architects, the develop-

says, ‘I am trying to sell this building and

lower-income tenants and is not as inter-

there is this city program that is designed

esting to the QNPs.

ment will also include an adjoin-

to protect you. You do not have to commit

veloped by L37 and designed by

ing 236-room LINE Hotel. This boutique hotel brand has gained

to anything, but why don’t we schedule a

With the Small Sites Housing Preserva-

time for everybody to talk and listen?’ If

tion fund now funded, it's a great time for

a cult following for its design-

the owner makes the space for the tenants

owners of 3- to 25-unit properties to start

forward hotels, culinary delica-

to be educated on the facts, then the buy-in

the buy-in process with tenants.

cies, and nightlife offerings.

The Jones Team consists of Terrence Jones, Senior Broker Associate with Corcoran GL Commercial and his partner Isabelle Salvadori. Terrence can be contacted at (415) 786-2216 or terrence@terrencejonesSF.com.

At the same time, Quinn, a 38-

is much easier.” During the recent COVID times, these conversations have often been done online via Zoom.

unit condominium development

What other factors are important to the Small Sites Program?

in the South of Market neighbor-

Ellis Act Danger—The SSP was created in

community, developed by the

hood, will enter the market. The

2014 to protect and establish long-term

Presidio Bay Development and

affordable housing throughout San Fran-

designed by RG Architecture, is

cisco. Typically, a Small Sites sponsor is looking for a property currently housing low-income tenants that are in danger of being evicted through the Ellis Act. Often,

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slated to enter the market in the Spring of 2021. Another to enter the market in the coming year will be 2238 Market Street, a five-story boutique condominium development in the Castro/Upper Market neighborhood. Developed by Prado Group and designed by BAR Architects, the community consists of 44 condominiums, and 5,200 square feet of ground-

expenses for maintenance and capital

floor retail space. 2238 Market

improvements. Since the SSP often has

will be a mixture of new con-

funds that can be used for rehabilitation projects with deferred maintenance and/ or mandated upgrades like those required

32

FEBRUARY 2021 | SF APARTMENT MAGAZINE

struction and adaptive reuse.


sfaa’s Lunch & Learn

Virtual Tours Webinar LUNCH & LEARN VIRTUAL TOURS WEBINAR

So your unit is ready for market and you need to show the unit. What do you do? How do you show the unit during a pandemic? How do you make a virtual tour for prospective tenants? Have your lunch at home and learn how. This class will be taught by Michelle Horneff-Cohen of Property Management Systems. Once you complete the registration you will be sent a separate link to register for the Zoom webinar systems. Upon completion you will be sent the event access ID. DATE & TIME:

Wednesday February 10, 2020 12:00 p.m. to 1:00 p.m. COSTS:

REGISTRATION:

For more information contact Stephanie Alonzo at: 415.255.2288 x113 or stephanie@sfaa.org

Members: $25 Non-Members:$40 *Credit Card payment required for Non-Members

COVID-19

Questions & Answers How does the pandemic effect how you manage your property? What do you do when a tenant is violating safety protocols? Learn how to deal with resident and nonresidents that will be gaining access to your building followed by Q&A. This class will be taught by David Semel, Fried & Williams. Once you complete the registration you will be sent a separate link to register for the Zoom webinar systems. Upon completion you will be sent the event access ID. DATE & TIME:

REGISTRATION:

Thursday February 11, 2021 1:00 pm to 2:00 pm

Contact Maria Shea at 415.255.2288 x110 or maria@sfaa.org

COST

All cancellations must be made 72 hours prior to the class to receive a full refund.

Members: $40 Nonmembers: $750

SF APARTMENT MAGAZINE | FEBRUARY 2021

33


DOLLARS and RENTS written by

C L I F F OR D E . F R I E D

When can rental property owners enforce their leases and collect rent? Read on for answers. The past 11 months have been difficult for many tenants and landlords. The COVID-19 landscape has impacted the lives of people in ways we never imagined. Some tenants have moved out of San Francisco because of job losses or the ability work remotely and from anywhere. Other tenants are clinging to their rent-controlled apartments by scraping together rent each month. And there are some tenants who remain in place without paying rent knowing the courts will not process eviction cases. According to SFAA polls, most tenants are doing what they can to pay rent. However, the landlords of these non-paying tenants are not in good legal or financial positions. Federal, State, and City moratoria prohibit landlords from evicting tenants or enforcing rental agreements where tenants cannot pay rent due to COVID-19 financial distress. Some landlords cannot afford to wait much longer to receive their rents. They have been waiting patiently for the various moratoria to expire so they can begin enforcing their leases and, where necessary, evict defaulting tenants. This is especially true for landlords who signed forbearance agreements with tenants. Dollars and Rents… continued on page 54

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35


COLUMN

SACRAMENTO REPORT

Silver Linings Yearbook w r i t t e n b y DE B R A C A R LT O N

2020 was a turbulent year for just about everyone, but not all of the news was bad.

W

including the California Apartment Association Political Action Committee (CAAPAC). In the Assembly, Republicans retained the five GOP-held seats

ith a pandemic, a

governments to bring back vacancy

up for re-election this year. And all

recession, civil un-

controls, capping rents between tenan-

moderate Assembly Democrats—some

rest, and wildfires, it's

cies. Moreover, it would have allowed

facing significant opponents—secured

safe to chalk up 2020

cities and counties to apply local rent

re-election. The partisan blend of the

as a horrible year for just about every-

control ordinances to newer apart-

Assembly remained substantially the

one. But believe it or not, not all of the

ments—as soon as they turn 15 years

same, with 60 Democrats, 19 Republi-

news from 2020 was terrible.

old—and to a greater number of condos

cans, and 1 Independent.

and single-family homes. In the State Senate, Democrats gained

Landlords certainly had it tough. Plummeting rents (especially here in San

These policies would have prompted

two seats, expanding their superma-

Francisco), rising vacancies, and un-

many existing landlords to take their

jority from 29 to 31 Democrats to 9

reasonable eviction restrictions made

homes and buildings off the rental mar-

Republicans. In a safe Democratic seat,

operations extremely challenging.

ket, converting them to other uses, and

moderate, business-friendly Democrat

prompted developers to take their hous-

Steve Glazer won re-election to a four-

ing project proposals across state lines.

year term after drawing a primary chal-

While most of the news was awful, a

lenge from his left flank.

few things went right. Proposition 21 was modeled after 2018’s Proposition 10, another radi-

linings from 2020.

cal rent control measure that targeted

year will continue its efforts to pro-

Costa-Hawkins, which also failed at

tect the rental housing industry from

Proposition 21 Was Defeated

the polls by a wide margin. Both prop-

destructive policy proposals, such as

Beyond a doubt, the best thing to hap-

ositions were bankrolled by Michael

unreasonable moratoria on evictions

pen to the rental housing industry in

Weinstein and his nonprofit AIDS

or collecting rent, while advocating

2020 was the defeat of Proposition

Healthcare Foundation.

for housing production, especially for

21. Thanks largely to a campaign led

36

Both locally and at the Capitol, CAA this

Here are some of the silver

working-class families.

by the California Apartment Associa-

CAA Helps Elect Solid Leaders

tion, voters in the November 3 election

Besides defeating Prop. 21 and local

Worst Statewide COVID Bill Failed

rejected this statewide ballot measure,

rent control measures in Sacramento

In August, CAA stopped Assemblymem-

which would have invited back the radi-

and Burbank, CAA helped elect can-

ber David Chiu’s AB 1436, which would

cal rent control policies that proliferated

didates to the state Legislature and to

have encouraged tenants—including

in the 1970s and 1980s.

city councils who support the rental

those without financial hardships from

housing industry and understand the

COVID-19—to skip rent payments with-

Proposition 21 would have repealed key

vital role it plays in the state’s econ-

out fear of eviction. AB 1436, tanta-

provisions of the Costa-Hawkins Rental

omy. The association accomplished this

mount to a government-sanctioned rent

Housing Act (1995), authorizing local

through its political action committees,

strike, would have granted tenants the

FEBRUARY 2021 | SF APARTMENT MAGAZINE


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SF APARTMENT MAGAZINE | FEBRUARY 2021

37


sfaa sfaa 2021 What You Need to Know

legal right to withhold their unpaid rent until April 1, 2022. To prevent AB 1436 from passing, CAA negotiated a less-burdensome alternative, AB 3088. This legislation ensured that landlords could evict for lease violations unrelated to COVID-19. This legislation also required that COVID-affected tenants pay at least 25% of their rent between September of last year and January 31, 2021. As of

2021 SFAA UPDATES

this writing, Assemblymember Chiu has

UPCOMING CLASSES

ditional tenant protections. As of this writ-

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 42.

rental housing industry. Watch for updates

proposed an extension of AB 3088 with ading, that bill— AB 15—is not helpful for the as hearings begin on the bill.

Bill Limiting Security Deposits Derailed Back in June, CAA helped defeat a bill

VIRTUAL MEMBER MEETINGS MONDAY, FEBRUARY 15 Compliance Through COVID-19 Sponsored by Yardi and AEC Alarms 1:00pm

that would have provided tenants with an unreasonable amount of time to provide a security deposit. AB 3260 would have required property owners to allow a new tenant to pay a security deposit over a six‐month period or to obtain a security deposit insurance policy to cover damages

MONDAY, MARCH 22 1:00 pm

SFAA 2021 LEASE UPDATE The SFAA 2021 lease is now available in print and online. To access the lease, visit www.sfaa.org. For details on how this new lease was updated, turn to the Board Report by Eric Andresen on page 12.

they cause at the property. CAA argued that the legislation, which died on the Assembly floor, would have made housing more expensive, lead to higher security deposits, and would have prompted more stringent credit standards for prospective tenants.

Housing-Supply Bills Pass Even though COVID-19 took up much of the Legislature’s time and energy in 2020,

SFAA OFFICE CLOSURE The SFFA office will remain closed during the shelter-in-place mandate. However, 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. Email MemberQuestions@sfaa.org to have your questions and concerns promptly addressed.

lawmakers did pass some legislation to increase housing supply. Three examples: AB 1851 by Assemblymember Buffy Wicks (D-Oakland) will eliminate residential parking requirements for housing developed at faith-based properties, so long as it does not reduce existing parking spaces by over 50 percent. Given California’s housing crisis, AB 1851 seeks to bring to the market more housing units that would otherwise be restricted by local ordinances.

San Francisco Apartment Association

In a support letter, CAA said, “The clarification to existing law that

265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112 Sacramento Report… continued on page 50

38

FEBRUARY 2021 | SF APARTMENT MAGAZINE


Speak Up!! about SFAA Tell SFAA what you think of the services that it offers. You’ll be helping SFAA reach new members by telling prospective members about your firsthand experience! Please take a few moments to answer the questions below (please be as specific as possible): • Would you recommend SFAA services and products? • What is the biggest benefit that SFAA provides? • How has SFAA helped you with your rental property? • What do you like most about SFAA?

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 | FEBRUARY 2021

39


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SF APARTMENT MAGAZINE | FEBRUARY 2021

41


sfaa 2 2021calendar

sfaa

February

MONDAY, FEBRUARY 1 Board of Directors Mtg. 11:30 a.m.

WEDNESDAY, FEBRUARY 3 Lunch & Learn Showings Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

WEDNESDAY, FEBRUARY 10 Lunch & Learn Virtual Tours Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

THURSDAY, FEBRUARY 11 COVID-19 Questions & Issues Webinar Zoom Webinar System 1:00 p.m. to. 2:00 p.m. Members $40 Non Members $75

MONDAY, FEBRUARY 15 Virtual Member Mtg. Compliance Through COVID-19 Sponsor: Yardi and AEC Alarms 1:00 p.m.

TUESDAY, FEBRUARY 16 SFAA Online Lease Access Demonstration Zoom Webinar System 10:30 a.m. to. 11:30 a.m. FREE for SFAA Members

WEDNESDAY, FEBRUARY 17 Lunch & Learn Application Process Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

THURSDAY, FEBRUARY 18 ADUs & Illegal In-Law Units Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $40 Non Members $75

FRIDAY, FEBRUARY 19 Small Claims in COVID-19 Era Webinar Zoom Webinar System 10:00 am to 11:30 am Members $75 Non Members $100

WEDNESDAY, FEBRUARY 24 Lunch & Learn Lease Documents Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

FRIDAY, FEBRUARY 26 Roommates & Tenancy During COVID-19 Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $65 Non Members $95

March MONDAY, MARCH 1 Board of Directors Mtg. 11:30 a.m.

WEDNESDAY, MARCH 3 Lunch & Learn Move-In Checklist Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

WEDNESDAY, MARCH 10 Lunch & Learn Rent Collection Checklist Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

MONDAY, MARCH 22 Virtual Member Mtg. 1:00 p.m.

WEDNESDAY, MARCH 24 Lunch & Learn Capital Improvement Petitions Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

WEDNESDAY, MARCH 31 Lunch & Learn Approved Vendors Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

WEDNESDAY, MARCH 17 Lunch & Learn Annual Increases Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $40 Non Members $75

SFAA MEMBER MEETINGS WILL BE HELD VIRTUALLY UNTIL FURTHER NOTICE DUE TO COVID-19. FOR TOPICS AND SCHEDULES, VISIT SFAA.ORG.

42

FEBRUARY 2021 | SF APARTMENT MAGAZINE

join online at sfaa.org or call 415.255.2288


2021 join online at sfaa.org or call 415.255.2288

SAN FRANCISCO’S

RENT BOARD FEE

$25.00

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 2019-2020

$25.00

2018-2019

$22.50

2017-2018

$22.50

2016-2017

$20.00

2015-2016

$18.50

SFAA’S

TENANT SCREENING SERVICE 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. CONTACT INTELLIRENT FOR MORE INFORMATION:

415-849-4400

CAPITAL IMPROVEMENTS

The capital improvement interest rates for 3/1/20 through 2/28/21 are listed below: AMORTIZATION

INT. RATE

MULTIPLIER

7 YEARS

2.1%

.01281

10 YEARS

2.2%

.00929

15 YEARS

2.4%

.00662

20 YEARS

2.5%

.00530

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

03/01/20 - 02/29/21

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%

03/01/16 - 02/28/17

0.2%

2014-2015

$18.00

2013-2014

$14.50

03/01/15 - 02/29/16

0.1%

2012-2013

$14.50

03/01/14 - 02/28/15

0.3%

2011-2012

$14.50

03/01/13 - 02/28/14

0.4%

2010-2011

$14.50

03/01/12 - 02/28/13

0.4%

2009-2010

$14.50

03/01/11 - 02/29/12

0.4%

2008-2009

$14.50

03/01/10 - 02/28/11

0.9%

2007-2008

$13.00

2006-2007

03/01/09 - 02/28/10

3.1%

03/01/08 - 02/28/09

5.2%

$11.00

03/01/07 - 02/29/08

5.2%

2005-2006

$10.00

03/01/06 - 02/28/07

3.7%

2004-2005

$11.00

2003-2004

$21.50

2002-2003

$21.50

CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION

ALLOWABLE RENT INCREASES

2021 – 2022: .7%

Effective March 1, 2021, through February 28, 2022, the allowable annual rent increase is .7%. 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

03/01/21 - 02/28/22

.7%

03/01/20 - 02/29/21

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

415-252-4600

& information

sfgov.org/rentboard

SF APARTMENT MAGAZINE | FEBRUARY 2021

43


sfaa professional

services directory 1031 TAX DEFERRED EXCHANGE SERVICES

FIRST AMERICAN EXCHANGE COMPANY 415-244-1339 www./firstexchange.com/ HERITAGE CAPITAL ADVISORS Eric Scaff 415-834-1031 www.heritagecap.com LAWYERS EQUITY EXCHANGE Brian Fogarty 415-701-1234 www.lex1031.com REAL ESTATE TRANSITION SOLUTIONS Austin Bowlin (206) 686-2211 aabowlin@re-transition.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

BARTH CALDERON, LLP Paul Hitchcock Paul@barthattorneys.com

415-577-4685

BORNSTEIN LAW Daniel Bornstein, Esq. www.bornstein.law

415-409-7611

CHONG LAW Dolores Chong

44

415-438-7807

FEBRUARY 2021 | SF APARTMENT MAGAZINE

DENNIS C. HYDE Dennis C. Hyde hydelaw@pacbell.net

415-753-3811

DOWLING & MARQUEZ, LLP Jak S. Marquez 415-977-0444 x232 www.dowlingmarquez.com FRANK KIM ESQ., EVICTION ASSISTANCE Jo Biel 415-752-6070 FISHER & PHILLIPS, LLP Jason Gellar www.fisherphillips.com

415-490-9020

FRIED & WILLIAMS LLP Clifford E. Fried www.friedwilliams.com

415-421-0100

GOLDFARB & LIPMAN LLP Erica Williams 510-836-6336 eorcharton@goldfarblipman.com goldfarblipman.com GOLDSTEIN, GELLMAN, ET AL, LLP Brett Gladstone 415-673-5600 x 238 www.g3mh.com HERZIG & BERLESE Barbara Herzig bherzig@hbcondolaw.com

415-861-8800

ILENE M. HOCHSTEIN, ATTORNEY AT LAW Ilene Hochstein (650) 877-8288 ilene@hochsteinlaw.net JACOBSON LAW PC Isaac@jacobsonlawsf.com 415-421-0100 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

LAW OFFICE OF KEVIN P. GREENQUIST Kevin Greenquist 415-977-0444x234 www.ztalaw.com MASTROMONACO REAL PROPERTY LAW GROUP Leonard Mastromonaco 415-354-2702 len@mastrolawgroup.com MCLAUGHLIN SANCHEZ, LLP Michael McLaughlin 415-655-9753 www.msllp.law MILLAR AND ASSOCIATES, APLC James Millar 415-981-8100 x101 Millar-law.com NICHOLAS GOLDMAN LAW Nicholas Goldman 415-350-8740 nicholas@nicholasgoldmanlaw.com O’GRADY LAW GROUP John O’Grady john@ogradylaw.com www.ogradylaw.com

415-986-8500

REUBEN, JUNIUS & ROSE, LLP Kevin Rose 415-567-9000 www.reubenlaw.com TOUR-SARKISSIAN LAW OFFICES Christine Tour-Sarkissian 415-626-7744 www.tslo.com TRN LAW ASSOCIATES Tiffany Norman tiffany@trnlaw.com

415-823-4566

DAVE WASSERMAN Dave Wasserman 415-567-9600 dwasserman@wassermanstern.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 SOLUTIONSPREMIER Aurora Vidaca 888-970-1927 aurora@crownandshieldpestsolutions.com www.crownandshieldpestsolutions.com SCENT TEK Brent & Kevin Youngblood 415-933-0879 www.scent-tek.com

CLEANING SERVICES

BIO-ONE EAST BAY Sandy Magan info@biooneeastbay.com

510-274-1548

OPTIMUS BUILDING SERVICES Claudia Giraldo 650-290-4607 optimusbuildingservices.com

CONSULTANTS: PERMITS & PLANNING

CENTER FOR SUSTAINABLE ENERGY Sarah Bliss 858-633-8099 sarah.bliss@energycenter.org EDRINGTON AND ASSOCIATES Steven Edrington 510-749-4880 steve@edringtonandassociates.com

CONTRACTORS

AGUILEAR CONSTRUCTION COMPANY Javier Aguilear 707-495-3932 javier@aguileraco.com SKYLIGHT REMODLING Josh Levitan contact@skylight.com www.skylight.com

800-961-2580

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

ENERGY SERVICES / GAS & ELECTRIC

PACIFIC GAS & ELECTRIC COMPANY Sebastian Conn 415-972-5201 www.pge.com

ENVIRONMENTAL CONSULTING

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

LENDING / FINANCIAL SERVICES

COUNTERPOINTE SRE David Snow 855-431-4000 www.counterpointeSRE.com

GREAT ESCAPE SERVICES Rich Henderson 415-566-1479 www.greatescapeservice.com

FIRST FOUNDATION BANK Michelle Li www.ff-inc.com

FIRE PROTECTION CONTRACTORS

LENDING / FULL SERVICE BANKS

415-794-2176

AEC ALARMS 408-298-8888 Ext: 121 SFfire@aec-alarms.com

LUTHER BURBANK SAVINGS Gabriel Basso 510-601-2400 www.lutherburbanksavings.com

BATTALION ONE FIRE PROTECTION Tim Morse 510-653-8075 www.battaliononefire.com

LENDING / INSTITUTIONS

BELL FIRE AND LIFE SAFETY Marc Belluomin 650-580-5306 bellfire365@gmail.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

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

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

CITY REPAIR SERVICES Fernando Fonesca 415-602-6524 contact@citycarerepair.com MAVEN MAINTENANCE, INC. Craig Lipton 415-829-2207 www.mavenmaintenance.com

ARM MULTI INSURANCE SERVICES Lisa Isom 866-913-6293 www.arm-i.com

ONE STOP MAINTENANCE & PROPERTY SERVICES Lupe Villaloblos 408-829-0727 www.sf1stop.com

BARBARY INSURANCE BROKERAGE Gerald Becerra 415-788-4700 www.barbaryinsurance.com

WEST COAST PROPERTY MANAGEMENT Joseph Keng 415-885-6970 ext. 101 www.wcpm.com

BIDDLE-SHAW INSURANCE SERVICES, INC Greg Holl 415-586-7200 www.biddleshaw.com

MEDIATION

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

INTERNET SERVICES PROVIDERS

COMCAST/XFINITY Michael Juliano www.xfinity.com

925-495-9922

THE BAR ASSOCIATION OF SAN FRANCISCO CONFLICT INTERVENTION SERVICE Matthew Tom 415-782-8940 mtom@sfbar.org

ORGANIC WASTE SOLUTIONS

ECOSAFE ZERO WASTE, INC. Daniel Redick 310-569-0624 ecosafezerowaste.com Daniel@EcoSafeZeroWaste.com

PAINTING CONTRACTORS KRUITPAINTING, INC. Pieter Kruit www.kruitpainting.com

415-254-7818

SF APARTMENT MAGAZINE | FEBRUARY 2021

45


PAC WEST PAINTING INC. Brian Beaulieu 415-457-0724 www.pacwestpaintinginc.com 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 Vidaca 888-970-1927 aurora@crownandshieldpestsolutions.com

PLUMBING SERVICES

ALEXANDERSON PROPERTIES Eric Alexanderson 415-285-3737 www.alexandersonproperties.com

R & L PLUMBING Larry Bustillos 415- 651-4977 larry@rl.plumbing www.rlplumbingsanfrancisco.com

AMORE REAL ESTATE, INC Jerry Hsieh 415-567-4800 www.amoresf.com

URGENT ROOTER AND PLUMBING INC. Albert Lee 415-387-8163 urgentrtr@sbcglobal.net

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

BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com

PROGRESSIVE PROPERTY GROUP Dace Dislere & Joe Gillach 415-515-4329

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

46

415-648-1516

PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com S&L REALTY Robert Link www.slrealty-sf.com

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 WEST & PRASZKER REALTORS Michael Klestoff 415-661-5300 www.wprealtors.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com

members

FEBRUARY 2021 | SF APARTMENT MAGAZINE

ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com

C.R. REICHEL ENGINEERING CO. INC. Tim Lordier 415-431-7100 www.crreichel.com

property management

CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com

PROPERTY MANAGEMENT

BORN PROPERTY MANAGEMENT Jason Born 650-271-7048 x 111 Jason@bornpm.com BERENDT PROPERTIES Craig Berendt craig.berendt@gmail.com

415-608-3050

BROOKFIELD PROPERTY GROUPPRESIDIO LANDMARK Jon King 855-327-5376 jon.king@brookfieldproperties.com CHANDLER PROPERTIES Carolyn Chandler 415-921-5733 www.chandlerproperties.com CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com DEWOLF REALTY CO. INC. William A. Talmage www.dewolfsf.com

415-221-2032

EBALDC Felicia Scruggs FScruggs@ebaldc.org

510-287-5353

EQUITY ONE Brenda M. Obra www.equity1sf.com

415-441-1200

GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com GEORGE GOODWIN REALTY, INC. Chris Galassi 415-681-1265 www.goodwin-realty.com GREENTREE PROPERTY MANAGEMENT Mike McCamish 415-828-8757 www.greentreepmco.com GM GREEN REAL ESTATE INC. George Green 415-608-6485 ggreen@gmgreen.com www.gmgreen.com HANFORD•FREUND & CO. J. Timothy Falvey www.hanfordfreund.com

415-981-5780

HOGAN & VEST INC. Simon Wong hoganvest.com

415-421-7116

HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com INCOME PROPERTY SPECIALISTS Clayton Llewellyn 408-446-0848 www.ipsmanagement.cc 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

SKYLINE PMG, INC. Nicholas Bowers 415-968-9903 Nicholas@skylinepmg.com

COLDWELL BANKER COMMERCIAL NRT Steven Caravelli 415-229-1367 steven.caravelli@cbnorcal.com

JD MANAGEMENT GROUP, INC. Jonathan Davis 510-387-7792 jonathan.davis@jdmginc.com

STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com

LINGSCH REALTY Natalie M. Dress www.lingschrealty.com

415-648-1516

SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.SutroProperties.com

COLLIERS INTERNATIONAL- JAMES DEVINCENTI James Devincenti 415-288-7848 www.THEDLTEAM.com

MERIDIAN MANAGEMENT GROUP Randall Chapman 415-434-9700 www.mmgprop.com

THRIVE PROPERTY MANAGEMENT, INC. Giovani Franco 650-296-3880 www.thrivecommunities.com/

MW PROPERTY GROUP Marc Wilson 415-640-5807 marc@mwpropertygroupco.com

W. PROPERTY MANAGEMENT Gary Petrison 707-545-6187 gary@wpropertymanagement.com

MYND MANAGEMENT, INC. Stacy Winship 510-306-4440 www.mynd.co

WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com

NEW GENERATION INVESTMENTS Jonathan Ng 415-735-8233 jtng.ngi@gmail.com

WEST & PRASZKER REALTORS Michael Klestoff 415-699-3266 www.wprealtors.com

PACIFIC UNION INTERNATIONAL PROPERTY MANAGEMENT Susan Lucas 415-722-4724 www.pacunionpm.com

WOOD PARTNERS Melissa Rankin 628-251-1101 melissa.rankin@woodpartners.com

PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net PILLAR CAPITAL REAL ESTATE Jonathan Ng (415) 885-9584 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 KristineAbbey 650-290-3084 www.rockawayresidential.com ROCKWELL PROPERTIES Mark Kaplan 415-398-2400 propertymanagement@rockwellproperties.com SC PROPERTY MANAGEMENT Robert Guglielmi 650-342-3030 bob.guglielmi@scpropsm.com SHARVEST PROPERTY MANAGEMENT, LLC Timothy D. Gilmartin 650-347-2020 tim@thegilmartins.com SIERRA PROPERTY PROFESSIONALS Sonali Herrera sierrappinc@gmail.com

PROPERTY MANAGEMENT SOFTWARE

COLLIERS INTERNATIONAL Payam Nejad 415-288-7872 www.colliers.com/payam.nejad COMPASS COMMERCIAL BROKERAGE Adam Filly 415-516-9843 adam@adamfilly.com COMPASS COMMERCIAL BROKERAGE Chris J. Connor chris.oconnor@compass.com COMPASS COMMERCIAL BROKERAGE John Antonini 415-794-9510 john@antoninisf.com CORCORAN COMMERCIAL Jeremy Williams (415) 932-9846 jeremy@jeremywilliams.com jeremywilliams.com CORCORAN GLOBAL LIVING COMMERCIAL Terrence Jones 415-786-2216 terrence@terrencejonesSF.com www.terrencejones.com

APPFOLIO Mindy Sorenson 805-364-6098 mindy.sorenson@appfolio.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

STESSA Victor Perez www.stessa.com

626-524-4931

ICON REAL ESTATE INC. Jason Quashnofsky jason@iconsf.com

YARDI Kelly Krier kelly.krier@yardi.com

805-699-2040

YMPG MANAGEMENT Yelena Glezer 415-260-6325 yglezer@ympg-management.com

REAL ESTATE APPRAISALS MARK WATTS COMMERCIAL APPRAISAL Mark Watts 415-990-0025 www.markwattscommercialappraisal.com

REAL ESTATE BROKERS & AGENTS

ALAIN PINEL INVESTMENT GROUP Mark Bonn 415-614-4354 mbonn@apr.com ALAIN PINEL INVESTMENT GROUP Jay Greenberg 415-593-8615 www.aprinvestmentgroup.com ALAIN PINEL INVESTMENT GROUP Mirella Webb 415-814-6699 mwebb@apr.com BAY AREA PREMIER PROPERTIES Peter Fisler 415-606-6621 www.bayareapremierproperties.com BIG TREE PROPERTIES Evan Matteo 415-305-4931 evan@bigtreeproperties.com

(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 David Nelson 415-312-2245 dnelson@MarcusMillichap.com MARCUS & MILLICHAP Sanford Skeie 415-625-2153 www.marcusmillichap.com NEWMARK KNIGHT FRANK Matthew C. Sheridan 415-273-2179 aptgroupsf.com PACIFIC UNION COMMERCIAL Stephen Pugh spugh@pacunion.com S&L REALTY Robert Link www.slrealty-sf.com

415-386-3111

SHAMROCK REAL ESTATE COMPANY Trent Moore 415-359-2400 www.shamrocksf.com STEELE PROPERTIES Ryan Steele 415-881-7762 www.steeleproperties.com WEST & PRASZKER REALTORS Michael Klestoff 415-312-2245 klestoffmre@aol.com

SF APARTMENT MAGAZINE | FEBRUARY 2021

47


sfaa sfaa 2021 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

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$420 +

$6.50 per unit =

23 +

$375 +

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REAL MANAGEMENT COMPANY Melinda Greene 415-230-8895 www.RMCsf.com

$520 +

$4.00 per unit = $6.00 per unit =

RENT BOARD PASSTHROUGHS Kim Boyd Bermingham 415-333-8005 www.rentboardpass.com

TOTAL AMOUNT:

ASSOCIATE MEMBER DUES: $495

RENTAL LISTING SERVICES

CONTACT INFORMATION

APARTMENT LIST Alex Mashburn 678-467-0411 amashburn@apartmentlist.com

Contact Person Company/Title

HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com

Address State

Zip

MAZAL55 PROPERTIES Oren S. Bordo orenb55@gmail.com

Mobile Phone Email Address

Website PAYMENT METHOD 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

San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112

48

REFINISHING / RESURFACING SERVICE

Unit Fee

$475 +

Check

URBAN GROUP REAL ESTATE Louis Cornejo 415-863-1775 louis@urbangroupsf.com

PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net

1-22

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MARCUS MILLICHAP Clinton C. Textor III 415-425-9123 www.marcusmillichap.com

TOTAL AMOUNT:

23 + TOTAL UNIT AMOUNT:

ALAIN PINEL INVESTMENT GROUP Trigg Splenda 415-593-8616

RENT BOARD PETITIONS

MANAGEMENT COMPANY DUES Units

REAL ESTATE INVESTMENTS

MIRACLE METHOD OF SAN FRANCISCO Claire Gray 415-673-4211 www.miraclemethod.com

REGULAR MEMBER DUES

1-22

ZEPHYR REAL ESTATE Dawn Cusulos 415-678-8854 dawncusulos@zephyrre.com

FEBRUARY 2021 | SF APARTMENT MAGAZINE

415-279-2791

RESIDENTIAL LEASING

BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com HAMILTON FAMILY CENTER Mayo Lunt 510-763-8540 x230 www.hamiltonfamiles.org HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com J. WAVRO ASSOCIATES James Wavro www.jwavro.com

415-509-3456

LINGSCH REALTY Natalie M. Drees www.lingschrealty.com

415-648-1516

RELISTO Eric Baird www.relisto.com

415-236-6116

RENTALS IN S.F. Jackie Tom www.rentalsinsf.com

415-409-3263

RENTSFNOW Claussen 415-762-0213 kclaussen@veritasinv.com


STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com

SECURITY

ADT-MULTI FAMILY Jeanette Mendez jjmendez@adt.com www.adt.com/smart-

562-712-7504

SEISMIC RETROFIT & STRUCTURAL ENGINEERING BAI CONSTRUCTION Behnam Afshar www.baiconstruction.com

510-595-1994

CONTRACTOR OR VENDOR?

ALARM COMPANIES

AEC Alarms Emergency Systems

SGDM, LLC George Mak www.sgdmllc.com

415-462-0619

W. CHARLES PERRY Charles Perry www.wcharlesperry.com

650-638-9546

ARCHITECTURE & DESIGN SERVICES

Openscope Studio

WEST COAST PREMIER CONSTRUCTION, INC. Homy Sikaroudi, PhD, PE 510-271-0950 www.wcpc-inc.com

SUBMETERS

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STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com

PAINTING CONTRACTORS

WATER CONSERVATION SERVICE

Rent Board Passthroughs

SF PUBLIC UTILITIES COMMISSION Chandra Johnson 415-554-0704 www.conserve.sfwater.org

Pac West Painting

PETITION SERVICES

32 53 51 51

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PROPERTY MANAGEMENT & MAINTENANCE & RESIDENTIAL LEASING

Berendt Properties Gaetani Real Estate, Inc. Maven Maintenance Real Management Company Rentals in SF S & L Property Management Structure Properties

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REAL ESTATE BROKERS

Amore Real Estate 50 Coldwell Banker / Caravelli 25 Coldwell Banker / McGue 37 Colliers / DeVincenti 2 Compass / Antonini 59 Compass / Filly 11 Compass / Greenberg & Splenda 3 Compass / Pugh 31 Corcoran / The Jones Team 15 Kay Properties & Investments, LLC 17 Marcus & Millichap 20-21 Vanguard Commercial / Chapleau 9 Vanguard Properties / Stack 26 UTILITIES BILLING SERVICES

Livable 41 23 26

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.

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

Please note that acceptance of associate membership does not necessarily constitute any endorsement or recommendation, express or implied, of the associate member or any goods or services offered. SF APARTMENT MAGAZINE | FEBRUARY 2021

49


Sacramento Report… continued from page 38

Assemblymember Wicks provided with AB 1851 will help ease the burden for construction of housing on religious institution affiliated properties, providing much needed housing for Californians.” AB 3308, written by Assemblymember Jesse Gabriel (D-San Fernando Valley), will allow school districts to add housing

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to district property and reserve it exclusively for teachers and other school district employees. The author argued that many public school teachers and other school district employees struggle to afford a place to live close to their jobs, and AB 3308 will incentivize building crucially needed housing in California. AB 2345, written by Assemblymember Lorena Gonzalez (D-San Diego), will increase the maximum allowable den-

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sity and the number of concessions and incentives a developer is allowed when affordable housing is included within the project. “AB 2345 is the right approach that will continue to help increase overall housing production and create more affordable units in mixed-income buildings,” CAA said in a support letter.

CAA Introduced New and Updated Products The association released an updated edition of its textbook Managing Rental Housing. The book is a veritable encyclopedia of state rental housing law, explains the cycle of tenancy, and provides practical information needed to operate rental property efficiently, ethically, and profitably in California. Now in its 10th edition, CAA’s premiere textbook is more user-friendly and addresses the biggest change in California landlord-tenant law in decades: The Ten-

4

ant Protection Act of 2019, the statewide rent cap and “just cause” eviction law also known as AB 1482. The book is available for purchase, either as a digital or print edition, at the CAA website, caanet.org. Further, to help rental housing professionals prepare for the new year, CAA has

50

FEBRUARY 2021 | SF APARTMENT MAGAZINE


updated its rental forms and instruction sheets. These include new and updated forms for complying with AB

License No. 797467

1482. The association also updated its

www.wcpc-inc.com Tel: (510) 271-0950

rental/lease agreements, among other documents. Visit CAA’s website, caanet.org,

Seismic & General Contractors

for these forms and instruction sheets. Speaking of CAA’s website, it’s getting a major revamp. Updates to CAA’s site include improved navigation and search tools, faster load times, and a more modern look. CAA plans to roll out its redesigned

Conform To New Soft Story Apartment Building Seismic Ordinance San Francisco, Alameda, Oakland & Berkeley • Successful track record of seismic retrofitting numerous soft-story apartment buildings in the Bay Area.

site in the first quarter of 2021. It’s been a long time coming. CAA launched its current website in March of 2015.

• Years of experience in cost-effective seismic retrofit design and construction—all under one company.

Thank you for your support. CAA will con-

• Guaranteed approval of engineering and construction in conformance to Soft Story Ordinance.

tinue to fight for the industry as we head into the 2021-2022 legislative session.

• Screening, evaluation, engineering, construction, final city sign-off.

Debra Carlton is the executive vice president of state government affairs at the California Apartment Association.

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53


Dollars and Rents… continued from page 34

The COVID-19 Tenant Relief Act (AB 3088),

March 1, 2021. The law has always permit-

passed by the State Legislature late last year,

ted a landlord to sue for rent in SCC, but

As this article is being written, there

prohibits evictions for nonpayment of rent

landlords previously chose not to use SCC

is talk about the rent collection and

until February 1, 2021, unless the tenant

because the unlawful detainer and eviction

eviction moratoria being extended.

was unlawfully detaining the premises

remedy was faster, better, and easier. But

The extensions may be anywhere from

prior to March 1, 2020, or fails to supply a

AB3088 changes the rules to make SCC an

a couple of months to the rest of 2021.

Declaration of COVID-19 claim after being

attractive remedy for landlords seeking to

While this may give many tenants (some

served with a 15-day notice.

enforce rental obligations.

ing rent, it could be the death knell to

The Mayor of San Francisco has issued sev-

SCC is a special court where disputes are re-

some landlords.

eral orders enacting a temporary “Eviction

solved quickly and inexpensively. The rules

Moratorium” due to the COVID-19 pan-

are simple and informal. There is plenty of

Assuming the moratoria end, what’s next?

demic. The Mayor’s Moratorium provides

free information available on the inter-

When can landlords take action to enforce

an extension on rent payments for tenants

net and the website for the San Francisco

their leases, and collect back rent, or pur-

who have been financially impacted by CO-

Superior Court explaining the SCC system

sue an eviction for nonpayment of rent if

VID-19, and temporarily bans most other

(sfsuperiorcourt.org), where you’ll find all

they are forced to? This article explores

residential evictions. The Mayor’s restric-

the necessary SCC forms.

these questions.

tion on evictions runs until March 1, 2021

who don’t deserve it) a free pass on pay-

except for evictions for nonpayment of

In some instances, the general rules for SCC

What to Consider Before Moving Forward

rent; based on rules of preemption, non-

have been changed to accommodate land-

payment of rent evictions are subject to

lords seeking back rent.

Landlords must first decide what they

AB3088, which allows those evictions to

want. If they have a good relationship with

commence on February 1.

In general, you cannot ask for more than $10,000 in SCC if you are filing as a “natural

the non-paying tenant and want the tenant to remain, they should negotiate a deal

The San Francisco Board of Supervisors

person” or $5,000 if you are filing as a busi-

with the tenant to continue the tenancy.

passed Ordinance No. 93-20, which perma-

ness entity (corporation, limited partner-

But if the landlord wants the rent or pos-

nently protects tenants from eviction for

ship, limited liability company, etc.). You

session, read on.

non-payment of rent that was unpaid due to

can file as many claims as you want for up

COVID-19 if the rent became due between

to $2,500 each in a year. But you can only

The ability to evict will depend on

March 16, 2020 and September 30, 2020 and

file two claims a year that demand more

WHEN the tenant defaulted on paying

the inability to pay is documented.

than $2,500. Under AB3088, there is no dollar limit on your demand for COVID-19

rent. Was it before March 1, 2020? Was it between March 1, 2020 and August 31,

None of the eviction moratoria prevent a

rental debt, and there is no restriction on

2020? Was it between September 1, 2020

landlord from demanding unpaid rent and

how many of these cases you can file.

and January 31, 2021? These dates will

then enforcing monetary lease obligations

determine whether the landlord can

by going to court and filing a lawsuit to

In non-SCC, you must follow all rules and

recover possession.

collect the debt. While a landlord’s eviction

procedures required in "regular" civil cases.

remedy for nonpayment is severely limited,

It can get very complicated and be time-

There are also some landlords waiting to

the collection of debt remedy remains vi-

consuming, even for practicing attorneys.

evict for reasons unrelated to the payment

able. And while landlords may not be able

The rules and procedures are informal and

of rent. Owner move-in, non-monetary

to recover possession for nonpayment, they

simpler in SCC.

breaches, temporary evictions for repairs,

might be entitled to a money judgment. A

etc., have also been abated during the pan-

landlord may or may not recover the un-

Do not use any of the UD forms when filing

demic. There are different eviction rules

paid debt depending on the tenant’s true

a claim for back rent. Instead, use the Plain-

for these cases.

financial situation.

tiff’s Claim and Order (Form SC-100). This

Obtaining Unpaid Rent

Small Claims Court

The traditional method for demanding

A tenant still owes unpaid rent even after

rent from a tenant is by serving a three-day

signing and returning a Declaration of

Lawyers are not allowed in SCC. You will

notice to pay or quit followed by the filing

COVID-19 claim to the landlord and can

have to act as your lawyer and will have to

of an unlawful detainer action. There are

be sued for the money in small claims

know the laws and court procedures. The

now several overlapping laws that impact

court (SCC).

court cannot help you or give you a break

is the same form that any creditor would use to sue a debtor for an unpaid bill.

just because you are not a lawyer and do

a landlord’s ability to evict during the pandemic, whether based on non-payment of

AB3088 permits a landlord to seek pay-

not know the law. If you do not follow

rent or otherwise.

ment of all unpaid rent in SCC starting on

the many court rules and laws governing

54

FEBRUARY 2021 | SF APARTMENT MAGAZINE


2021 Winter CCRM Webinar 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

1/6/2021

2PM-5PM

$85.00

$100.00

PMR101

Renting the Property

1/13/2021

2PM-5PM

$85.00

$100.00

PMR102

Beginning and Maintaining the Tenancy

1/20/2021

2PM-5PM

$85.00

$100.00

PMR103

Renewal of Tenancy and Ending the Tenancy

1/27/2021

2PM-5PM

$85.00

$100.00

PMR104

Maintenance Management: Maintaining the Property

2/3/2021

2PM-5PM

$85.00

$100.00

PMR105

Liability & Risk Management

2/10/2021

2PM-5PM

$85.00

$100.00

PMR106

Budget Development and Implementation

2/17/2021

2PM-5PM

$85.00

$100.00

PMR107

Fair Housing: It’s the Law

2/24/2021

2PM-5PM

$85.00

$100.00

PMR108

Professional Skills for Supervisors

3/3/2021

2PM-5PM

$85.00

$100.00

EXAM

CCRM Final Exam

3/10/2021

2PM-5PM

FREE

Class Location Zoom Webinar System Upon registration the Zoom link will be emailed to the student Class is every Wednesday

See schedule below

FREE

Total Due:

To Register

Online: www.sfaa.org Call: 415-255-2288 x.13 Email: stephanie@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. CCRM Certification Renewal Policy: In order to keep the certification active, CCRMs must complete twelve hours of continuing education credits & submit a renewal application along with a renewal fee every other year (2 hours of these credits must be in Fair Housing)

caanet.org events@caanet.org 800.967.4222 • 980 Ninth Street, Suite 1430 • Sacramento, CA 95814

SF APARTMENT MAGAZINE | FEBRUARY 2021

55


litigation, you could get fined by the court

If you decide to go to SCC on March 1, 2021,

If an eviction is not related to nonpayment

and you could even lose important rights or

take into consideration that there will be

of rent and the pandemic, State and Federal

your entire case.

pent up demand for judicial relief and the

law are permitting evictions at this time.

lines will be longer than the toilet paper

However, San Francisco rent laws are pre-

But it is possible to represent yourself

line at Costco. In general, follow these steps

venting evictions from going forward. On

in SCC. Litigants have been doing it for

(courts.ca.gov):

November 30, 2020, the Board of Supervisors passed Ordinance No. 216-20, which

decades. The judges understand that the parties are not lawyers and despite the

• Figure out how to name the defendant

before April 1, 2021, unless the eviction is

warnings about how the court won’t help non-attorneys, the court tends to go easy

• Ask for payment • Find the right court to file your claim

is necessary due to violence-related issues or health and safety issues.

this one included, will be advising landlords on how to prepare a rent case for SCC.

based on the nonpayment of rent (in which case the State law applies), the Ellis Act, or

on the litigants in SCC. It is also anticipated that many of the usual eviction attorneys,

prohibits evictions of residential tenants

• Fill out your court forms AB3088 restricts how and when landlords

Where the amount of unpaid rent is huge, get some legal advice.

• File your claim

Do not forget the other advantages to

• Serve your claim

may demand unpaid rent from residential tenants. The Act does not apply to

than regular court and cases are decided more quickly—generally within three

rents that became due, but were unpaid, through March 1, 2020. However, San Fran-

using SCC. Filing fees are much cheaper • Go to court and get judgment for rent owed

cisco’s law prevents the filing of an unlawful detainer action to collect such rents until April 1, 2021.

months after filing, although the timeline could change with many landlords opting

If you would like to know more about SCC,

to use SCC.

consider attending SFAA’s upcoming class

Predicting the Future

on COVID-19 and Collecting Rent, or con-

Because of the nature of the pandemic

sult with a landlord attorney.

and the certainty of how politicians have

There are also disadvantages to using SCC. The plaintiff (landlord) cannot appeal the

been acting, we can make some predic-

court's decision. But the defendant (tenant)

Recovering Possession

can. In a non-SCC action, either side can ap-

Where the tenant doesn’t have the rent

There are likely to be more electric cars on

peal the court's decision. Also, SCC requires

money, it is possible to evict. First, consider

the road. More of us will be working from

you to be able to serve the defendant in

exhausting all other options, such as doing

home and will be talking to people in little

California. If not, you cannot pursue your

a buyout; this option may be quicker, more

square boxes on our computers. And we

claim in SCC. Some tenants have left Cali-

certain, and easier than battling an eviction

will have a new president.

fornia and are living in places like Texas. If

where the laws are new, complicated, and

Elon Musk skipped out without paying rent,

uncertain, and where judges will be doing

Addressing the pandemic and collecting

his landlord could not sue him in SCC. In a

everything possible to keep tenants in pos-

rents, we believe that the health of our

non-SCC action, you can serve a defendant

session during the pandemic.

people and economy will improve in 2021—

outside of California.

tions without the use of a crystal ball.

Dr. Fauci has said so. Eviction moratoria Where neither AB3088 nor San Francisco’s

will likely be extended to keep tenants in

In San Francisco, at least, landlords may be

moratoria apply, landlords may serve evic-

place. And most unfortunately, landlords

required to use SCC and not regular court

tion notices and file unlawful detainer

will be forced to bear the burden of tenants

to collect unpaid rent. There was a recent

actions NOW. But these situations are

not being able to pay rent due to COVID-19

ruling from the San Francisco Superior

rare, and landlords should consult with a

related reasons.

Court that prohibited the landlord from

knowledgeable attorney before serving

suing for unpaid rent. The judge said that

ANY eviction notices.

actions for the recovery of COVID-19 debts shall be filed no earlier than March 1, 2021

Under San Francisco law, evictions will

and will be handled by the SCC. This ruling

resume on April 1, 2021, unless AB3088 ap-

delays the filing of lawsuits to collect on a

plies (tenant fails to return a Declaration of

rent debt. It also restricts landlords to SCC.

COVID claim or pay at least 25% of the rent

While state law does not say any of this, ap-

due between September 1, 2020 and Janu-

parently the person in the black robe gets

ary 31, 2021), in which case evictions could

to make up the rules in a pandemic.

resume on February 1, 2021.

56

FEBRUARY 2021 | SF APARTMENT MAGAZINE

The information contained in this column is general in nature. Consult the advice of an attorney for any specific problem. Clifford E. Fried is with Fried & Williams, LLP and can be contacted at 415-421-0100.


2021 Winter CCRM Webinar 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

1/12/2021

6PM-9PM

$85.00

$100.00

PMR101

Renting the Property

1/19/2021

6PM-9PM

$85.00

$100.00

PMR102

Beginning and Maintaining the Tenancy

1/26/2021

6PM-9PM

$85.00

$100.00

PMR103

Renewal of Tenancy and Ending the Tenancy

2/2/2021

6PM-9PM

$85.00

$100.00

PMR104

Maintenance Management: Maintaining the Property

2/9/2021

6PM-9PM

$85.00

$100.00

PMR105

Liability & Risk Management

2/16/2021

6PM-9PM

$85.00

$100.00

PMR106

Budget Development and Implementation

2/23/2021

6PM-9PM

$85.00

$100.00

PMR107

Fair Housing: It’s the Law

3/2/2021

6PM-9PM

$85.00

$100.00

PMR108

Professional Skills for Supervisors

3/9/2021

6PM-9PM

$85.00

$100.00

EXAM

CCRM Final Exam

3/16/2021

6PM-9PM

FREE

Class Location Zoom Webinar System Upon registration the Zoom link will be emailed to the student Class is every Tuesday

See schedule below

FREE

Total Due:

To Register

Online: www.sfaa.org Call: 415-255-2288 x.110 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. CCRM Certification Renewal Policy: In order to keep the certification active, CCRMs must complete twelve hours of continuing education credits & submit a renewal application along with a renewal fee every other year (2 hours of these credits must be in Fair Housing)

caanet.org events@caanet.org 800.967.4222 • 980 Ninth Street, Suite 1430 • Sacramento, CA 95814

SF APARTMENT MAGAZINE | FEBRUARY 2021

57


2021 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- 2020

$25 each

$100 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

$40 per 25

Emergency Procedure Info for Tenants

$15 per 25

$40 per 25

3 Day notice - Pay Rent or Quit

$15 per 25

$40 per 25

3 Day Notice - Perform Covenants or Quit

$15 per 25

$40 per 25

30 Day Notice - Change of Monthly Rent - SF

$15 per 25

$40 per 25

30 Day Change of Monthly Rent under AB-1482

$15 per 25

$40 per 25

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

58

Sub-Total: 8.75% Tax: Postage Flat Rate:

Check

Invoice

Prices differ for non-members

All sales are final

San Francisco Apartment Association

FEBRUARY 2021 | SF APARTMENT MAGAZINE 265 IVY STREET

TOTAL:

• SAN FRANCISCO, CA • 94102 • PHONE 415-255-2288 • FAX 415-255-1112 • WWW.SFAA.ORG


JOHN ANTONINI + DANIEL FOLEY MULTIFAMILY + MIXED-USE + ADD-VALUE "It is not the strongest of species that survive, nor the most intelligent, but the one most responsive to change." – Charles Darwin

JUST SOLD

414 Lake Street Sold Off Market I Six Units I 4.15% CAP I $466 price/foot I Call For Details

FOR SALE

1254 48th Avenue

188-190 uerrero Street

6 Units I Sunset District I 4.5% CAP

3 Units I Mission Dolores I 2 Vacant Flats

John Antonini

Daniel Foley

415.794.9510

415.866.7997

john@antoninisf.com

daniel@danielfoley.com

www.antoninisf.com

www.danielfoley.com

DRE 01842830

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 | FEBRUARY 2021

59


TO MOST PEOPLE, THIS VICTORIAN IS A SYMBOL OF THE GLORIOUS PAST

TO YOU, IT MEANS A MORE SECURE FINANCIAL FUTURE. We know the properties we manage mean more to owners like you than meets the eye. That’s why, for over 70 years and across three generations of our own 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.

gaetanirealestate.com 415.668.1202


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