SF APARTMENT magazine
BRASS TAX GO BACK TO THE BASICS AND MINIMIZE LOSSES
San Francisco Apartment Association March 2022 / $7.00
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Brad Lagomarsino
Dustin Dolby
Executive Vice President
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Executive Vice President
415 288 7848 I j.d@colliers.com
415 288 7847 I brad.lago@colliers.com
415 288 7869 I dustin.dolby@colliers.com
lic. 00951916
lic. 01058500
lic. 01963487
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101 Second Street, 11th Floor San Francisco, CA 94105
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Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All materials presented herein is intended for informational Purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any descriptions. This is not intended to solicit property already listed.
TRIGG SPLENDA
SENIOR SALES ASSOCIATE COMPASS COMMERCIAL
415.308.6560
TRIGG@TRIGGSPLENDA.COM DRE 01484698
SF APA magazine
SF APARTMENT
contents
Features
20
Tax of All Trades by JOAQUÍN TORRES
28
Real Deals by TERRENCE JONES
34
ABCs of 721 Exchanges by PETER K. FISHER
34 4
Photo courtesy of
MARCH 2022 | SF APARTMENT MAGAZINE
LU K E M U M M E R T O N U N S PL A S H
PARTM Columns
Membership
8
38
Flawed Façades
By the Unit
The News
14
Market View
Legal Q&A
by VARIOUS AUTHORS
44
Uncertain Terms
Debits & Credits
by JAY GREENBERG
Patch More, Pay Less
18
by ELIZABETH H. SHWIFF
50
Calendar
52
Professional Services Directory
56
Membership Application
Rent Board Redux Passthrough Pitfalls by SAN FRANCISCO RENT BOARD
20
SF APARTMENT MAGAZINE | MARCH 2022
5
ANYONE CAN MANAGE YOUR PROPERTY. WE’D RATHER PROTECT YOUR INVESTMENT. Vertex Property Group is a team of experts—in leasing, maintenance, and city property regulations. So when you choose us, you get people who understand the priority: Your Bottom Line. Leasing • Management • Project Management Vertex Property Group • 545 Francisco Street • San Francisco, CA • 94133 • 415.608.3050 • Vertexsf.com
6
MARCH 2022 | SF APARTMENT MAGAZINE
magazine
SF APARTMENT
San Francisco Apartment Association Office 265 Ivy Street San Francisco, CA 94102 Tel 415-255-2288 Fax 415-255-1112
Email memberquestions@sfaa.org Web www.sfaa.org
SFAA Staff Executive Director Janan New
Deputy Director Vanessa Khaleel
Education Specialist Stephanie Alonzo
Government and Community Affairs Charley Goss
Marketing Lara Kisich
Member Services Manager Maria Shea Member Services Gershay Castaneda
Accountant Crystal Wang
SFAA Officers President Chris Bricker
Vice President Robert Link Treasurer Jim Hurley
Secretary Mark Henderson
SFAA Directors Eric Andresen, Honor Bulkley, Andre Ferrigno, David Gruber,
VOLUME XXXV, NUMBER 3 MARCH 2022 Published by San Francisco Apartment Association Publisher Vanessa Khaleel Editor Pam McElroy
Art Director Jéna Safai
Production Manager Cameron Shaw Tel 415-392-3770 or 415-255-2288 Web www.sfaa.org
SF Apartment Magazine (ISSN 1539-8161) Periodicals Postage Paid at San Francisco, California. POSTMASTER: Send address changes to the SF APARTMENT MAGAZINE, 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is published monthly for $84 per year by the San Francisco Apartment Association (SFAA), 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in the SF Apartment Magazine are those of the author and do not necessarily reflect the viewpoint of the SFAA or SF Apartment Magazine. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by the SFAA, express or implied, of the advertiser or any goods or services offered. Published monthly, the SF Apartment Magazine is distributed to the entire membership of the SFAA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright @2022 by SFAA.
Kent Mar, Neveo Mosser, J.J. Panzer, Bert Polacci, James Sangiacomo, Dave Wasserman
SF APARTMENT MAGAZINE | MARCH 2022
7
COLUMN
• Buildings built between 1910 and
THE NEWS
1925: December 31, 2023 • Buildings built between 1926 and 1970: December 31, 2025 • Buildings built after 1970: December 31, 2027 Reports may be submitted by email to dbi.facade@sfgov.org, or to DBI in person or by mail at 49 South Van Ness Avenue, Suite 500, San Francisco, CA 94103. DBI is to respond to the Reports within 60 days to confirm whether ad-
Flawed Façades
Deadlines are quickly approaching to identify and remedy unsafe conditions in building façades.
confirm dates for additional inspections and reports. Once a Report is approved, the owner/owner’s representative will be contacted to pick up the acceptance letter and pay the associated fees. Reports are not deemed complete until all associated fees have been paid.
Façades Safety Requirements
the schedule below, and then at least
In 2016, the San Francisco Building
every 10 years thereafter. Reports for
For more about this program, property
Code (“Code”) was amended to require
inspections and maintenance work
owners can visit the Department of
that the façades of certain buildings of
conducted within 10 years of the dead-
Building Inspection’s Façade inspec-
five or more stories be inspected peri-
line satisfy the reporting requirement.
tion and maintenance program page
odically by a licensed architect or engi-
Buildings constructed under a permit
(sf.gov/facade-inspection-and-mainte-
neer, and that a Façade Inspection and
submitted after January 1, 1998 are ex-
nance-program).
Maintenance Report (“Report”) be sub-
empt from having to conduct an initial
mitted to the owner and the Department
inspection, but are required to begin
New 10-Day Requirement
of Building Inspection (DBI). The Code
periodic inspections 30 years from
The San Francisco Board of Supervi-
requires the maintenance of façades in
the issuance of the Certificate of Final
sors voted unanimously in February
accordance with an Administrative Bul-
Completion for the building.
to require that rental property owners
letin based on a national standard. The
give residents a 10-day warning period
intent of the program is to identify cur-
Where a building experiences sig-
before serving eviction notices. After
rent unsafe conditions that could jeopar-
nificant damage due to earthquake,
receiving the notice, residents will have
dize public safety if façade elements fall
weather, or the passage of time, an
10 days to address the problematic issue
onto streets and sidewalks below. It is
inspection must be done within 60 days
to avoid eviction.
also intended to identify conditions that
of discovery of the damage, in addi-
could deteriorate into unsafe conditions
tion to immediate action to address the
The ordinance was written by Su-
before the next inspection.
damage. Significant damage includes
pervisor Dean Preston to help make
items that have fallen from a building or
pandemic-related eviction protections
The requirements apply to Type I,
items that have cracked or dislodged to
more long term. “It’s important that we
II, III, and IV buildings. Buildings of
become potential falling hazards.
take things that have worked in our
other construction types and fewer
8
ditional information is required and to
pandemic response and look at making
than five stories may voluntarily
It is important to note that buildings
comply. For inspection of buildings
built before 1910 were required to sub-
considered to be historic resources,
mit Reports by December 31, 2021. DBI
the qualified professional must have
has alerted the public that in order to
Annual Allowable Rent Increase 2.3%
expertise in structural inspection and
avoid penalties, property owners should
Effective March 1, 2022 through Febru-
maintenance of historic resources.
get started with Reports right away. The
ary 28, 2023, the allowable annual rent
Reports are to be submitted based on
next deadlines are as follows:
increase is 2.3 %. This amount is based
MARCH 2022 | SF APARTMENT MAGAZINE
some of them permanent,” he said.
ALLISON CHAPLEAU M U LT I - U N I T. M I X E D - U S E . C O M M E R C I A L .
LIST ED & SOLD 2021
3 Units in Ashbury Heights
4 Units in the Outer Sunset
3 Units in Cole Valley
4 Units in NOPA
3 Units in NOPA
$2,428,000
$1,800,000
$2,500,000
$1,219,000
$2,200,000
$2,025,000
December 2021
December 2021
December 2021
December 2021
November 2021
November 2021
6 Units in Haight-Ashbury
2 Units in Corona Heights
2 Units in the Sunset
16 Units in Eureka Valley
6 Units in Lower Haight
3 Units in Dolores Heights
$2,350,000
$1,928,000
$1,650,000
$5,850,000
$4,700,000
$2,200,000
November 2021
October 2021
October 2021
September 2021
September 2021
August 2021
10 Units in the Inner Richmond
2 Units in Mission Dolores
3 Units in the Lower Haight
2 Units in Eureka Valley
4 Units in Mission Dolores
6 Units in the Inner Richmond
$2,550,000
$1,530,000
$2,255,000
$3,080,000
$3,670,000
$1,850,000
June 2021
June 2021
June 2021
4 Units in Bernal Heights
July 2021
August 2021
July 2021
2 Units in Glen Park
2 Units in Lower Pac Heights
2 Units in Anza Vista
2 Units in Cole Valley
3 Units in Eureka Valley
6 Units in NOPA
$1,020,000
$1,559,501
$1,875,000
$2,500,000
$2,230,000
$2,009,250
June 2021
June 2021
April 2021
April 2021
April 2021
March 2021
6 Units in Cow Hollow
2 Units in Clarendon Heights
3 Units in the Castro
12 Units in the Tenderloin
3 Units in Eureka Valley
2 Units in the Upper Haight
$3,175,000
$1,645,000
$1,600,000
$1,650,000
$1,875,000
$1,905,000
March 2021
February 2021
February 2021
February 2021
January 2021
January 2021
Considering Selling a Multi-Unit Property? Allison specializes in the sale of multi-unit, mixed-use and commercial properties in San Francisco. With over 20 years of experience in selling investment properties, she can help maximize the value of your property.
ALLISON CHAPLEAU Vanguard Commercial | Senior Vice President 415.516.0648 | allison@allisonchapleau.com | License: 01369080 SF APARTMENT ALLISONCHAPLEAU.COM
MAGAZINE | MARCH 2022
9
SFAA TRADE SHOW THURSDAY, MAY 12, 2022 Mark Thursday, May 12 on your calendar for the annual SFAA trade show. The event will take place in-person at the Fort Mason Conference Building, from 2:00 pm to 5:30 pm. Attendees will learn all about the latest trends, products, and services in the multifamily housing industry. Consult with legal and management professionals, get to know service providers, improve your overall effectiveness with free educational classes, and meet peers in the San Francisco rental property market. The event is free! Please note that the trade show will replace the May member meeting. For more information on the trade show or to become a sponsor, contact vanessa@sfaa.org. Turn to page 49 for more details.
SFAA is watching this legislation closely and will report updates as they become available.
Potential Sprinkler Legislation Supervisor Aaron Peskin has introduced legislation amending the existing fire code, which would require sprinkler systems in existing high-rise buildings. SFAA will keep members updated on this new potential ordinance as it progresses.
Property Tax Informal Review Deadline If you believe your property assessed value is higher than the market value, you may request an Informal Assessment Review before March 31, 2022. This only applies to single family dwellings, residential condominiums, townhouses, live-work lofts, and cooperative units. Online submissions are preferable at sfassessor.org. You may also send your
on 60% of the increase in the Consumer
request to the following address: San
Price Index for all urban consumers in
Francisco Assessor-Recorder’s Office,
the Bay Area. To calculate the allowable
Attn: Informal Review, 1 Dr. Carlton B.
rent increase, multiply the tenant’s base
Goodlett Place, City Hall, Room 190, San
rent by .023.
Francisco, CA 94102. Fax: 415-544-7915 or email InformalReviewRP@sfgov.org.
Annual increases must be calculated only on the tenant’s base rent, which does not include capital improvement passthroughs or bond measure passthroughs. Rent
Keep a copy for your records.
SFAA Updates
RHINO
2022 SFAA Residential Tenancy
increases cannot be “rounded up” to the
Agreement: The SFAA 2022 lease is now
nearest dollar.
available in print and online. To access the lease, visit www.sfaa.org.
For more information, visit the San Francisco Rent Board website at sfrb.org or call
SFAA Office Reopening Status: While the
them at (415) 252-4600. For a history of all
SFAA office remains closed to the public,
allowable increases and their effective peri-
SFAA staff is working round-the-clock to
ods, turn to page 51.
keep the nonprofit running. Timely pay-
Potential Residential Vacancy Tax
ment of membership dues is necessary to help the association help you. Email
Supervisor Dean Preston is working on
MemberQuestions@sfaa.org to have your
legislation that would tax owners of va-
questions and concerns addressed.
cant units in San Francisco. According to a report put out by the City’s budget and
SFAA Classes: Classes are available
legislative analyst, the tax could impact
online. SFAA is happy to announce
owners of more than 40,000 vacant units.
that current CCRM students can continue
Many feel this number is largely inflated,
their education right from home. We
however; Executive Director of the Hous-
understand keeping up with education
ing Action Coalition Todd David says the
is crucial and want to assist our members
number of long-term vacant units in the
to stay up to date. See the calendar on
city is closer to 8,000.
page 50 for a full list of classes.
10
MARCH 2022 | SF APARTMENT MAGAZINE
(833) 711-3400 info@lllegalassistance.com www.lllegalassistance.com
Adam Filly Exceeding Expectations New Listing
Apartments | Mixed-Use | Commercial
New Listing
5 Piedmont Street | 4 Units $1,700,000 | Ashbury Heights
Available
New Price
565 Ellis Street | 17 Units $3,400,000 | Civic Center
789 6th Avenue | 13 Units $4,500,000 | Inner Richmond
Pending Sale
60-62 Sycamore Street | 8 Units $3,995,000 | Mission
Pending Sale
3650-3664 Sacramento Street | 7 Units $9,850,000 | Presidio Heights
1692 Haight Street | 9 Units $4,950,000 | Haight Ashbury
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 | MARCH 2022
11
12
MARCH 2022 | SF APARTMENT MAGAZINE
DAN McGUE
S A N F R A N C I S C O ’ S L E A D I N G A PA R T M E N T B R O K E R OVER $2.8 BILLION IN TOTAL SALES!
E X C E P T I O N A L M U LT I - FA M I LY & C O M M E R C I A L T R O P H Y I N V E ST M E N T P R O P E RT Y F O R SAL E !
2222 - 2254 POLK STREET
Dan McGue
Senior Commercial Broker Associate
Lic# 00656579 415.310.5787 | dan@danmcgue.com | www.danmcgue.com © 2019 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. All Rights Reserved. Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates fully supports the principles of the APARTMENT MAGAZINE | MARCH Equal Opportunity Act. Each Office is Independently Owned and Operated. Coldwell Banker Commercial and the Coldwell Banker Commercial Logo are SF registered service marks owned by Coldwell Banker Real 2022 Estate LLC, dba Coldwell Banker Commercial Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations.
13
COLUMN
MARKET VIEW
Uncertain Terms w r i t t e n b y JAY GR E E N B E RG
How population decline, remote work, and rising interest rates may impact the local rental housing market going forward.
B
average price per unit was $441,000, which is a decrease of 8.75% in a yearover-year comparison. Dollar volume in the 5-9-unit sector had been very strong, increasing every year with the exceptions of 2008 (during the financial meltdown) and 2020. We’ve since had a nice rebound. Dollar volume
elow are stats for year-end
5-9 Units
was $298 million in 2017, $317 million
2021 compared with previ-
The average price per square foot has
in 2018, and $349 million in 2019, before
ous years and time periods.
bounced around since 2017 without any
dropping significantly to $236 million
2021 ended on a high note
big peaks or valleys. The cost per square
in 2020 (a 32% decrease in a year-over-
as apartment sales activity kicked into
foot was $535 in 2017, $561 in 2018, and
year comparison). In 2021, we’ve picked
high gear. Sales of buildings with five or
$554 for both 2019 and 2020. In 2021,
up some of the slack, finishing the year
more units rebounded after the plunge
we ended the year with an average price
with $358 million in closed transactions,
that followed the initial pandemic shut-
per square foot of $525, which is a 5.5%
which is a new record high and a 51%
down in 2020. Meanwhile, value indica-
decrease in a year-over-year comparison.
increase in a year-over-year comparison.
rents were rebounding in most neigh-
Gross rent multipliers (GRMs) have been
Transaction levels had been very steady
borhoods throughout San Francisco.
on the decline since 2016 (following our
over the past few years but, as you can
San Francisco population numbers have
peak rental market), with the exception
probably guess, they fell back in 2020.
declined approximately 2% since 2019,
of 2018, which was a record-breaking
We recorded 105 transactions in 2017,
yet employment numbers continued to
year for sales and value indicators. The
104 transactions in 2018, and 107 trans-
recover throughout 2021. Office atten-
average GRM was 17.79 times gross in
actions in 2019. In 2020, the number of
dance rates are still far below pre-pan-
2017, 18.32 times gross in 2018, and 16.97
transactions dropped to 78, the lowest
demic levels and uncertainty remains
in 2019. In 2020, the GRM dropped to
the City had seen in a decade. However,
for workers returning to the office. Inter-
15.71, the lowest we had seen since 2012.
in 2021, there was a nice rebound to 108
est rates remain in the 3% to 3.5% range
In 2021, however, the GRM retreated
closed transactions, which is a 38.5% in-
as of this writing in February, and we are
yet again to 14.93 times gross, setting
crease in a year-over-year comparison.
entering into a rising interest rate period
another new low since 2012 and a 5%
that will factor into future pricing. Fun-
decrease in a year-over-year comparison.
tors ticked down across the board while
damentals in the market have stabilized,
10-Plus Units While reading the below data, keep in
and I expect this to continue throughout
In a trend similar to the average cost
mind that 2018 was an amazing record-
2022, subject to the extent of govern-
per square foot, the average price per
breaking year for value indicators and
ment interference.
unit has bounced up and down since
transactions levels.
2017 without any big peaks or valleys.
14
The following are 2021 year-end sta-
The approximate average price per unit
In the 10-plus-unit sector, the average
tistics for the 5-9-unit sector and the
was $457,000 in 2017, $496,000 in 2018,
price per square foot was $555 in 2017,
10-plus-unit sector versus the same time
$489,000 in 2019, and $484,000 in 2020.
$621 in 2018, $598 in 2019, and $544
period for 2017, 2018, 2019, and 2020.
As we closed out 2021, the approximate
in 2020. This number dropped again
MARCH 2022 | SF APARTMENT MAGAZINE
THE JONES TEAM Ethical. Human. Local.
This is the Story of our Recent Sale at 1545 Filbert. 1
JU
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SO
LD
Cow Hollow location
5 Unit building: 4 - 1 bed 1 bath 1 - Penthouse with views 2
Professionally managed for over 20 years 3
1 vacant unit
2 car parking
Built in 1924
4
5
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Contact me for a complimentary valuation on your building — whether buying, selling, or executing a 1031 Exchange, I can advise you on strategy.
Terrence Jones
Senior Broker Associate Lic. #01343939 | Terrence@TerrenceJonesSF.com TerrenceJonesSF.com | 415.786.2216
15
©2022 Corcoran Global Living. All rights reserved. Each franchise is independently owned and operated. Corcoran Global Living fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. SF APARTMENT MAGAZINE | MARCH 2022 This is not intended as a solicitation if you’re working with another broker. Information is deemed reliable, but is not guaranteed.
20 18 16 14 12 10 8 6 4 2 0
in 2021 to $520 per square foot, which
GRMs
is a 4.5% decrease in a year-over-year comparison. The average GRM was 16.85 times gross in 2017, and again, there was a significant
5-9 Units
jump in 2018 to 18.33 times gross. In 2019,
10+ Units
this number dropped to 16.56, a four-year low, before dropping again in 2020 to 15.54. In 2021, we saw another drop in mul2017
2018
2019
2020
2021
Source: CoStar Comps
Q4
tipliers with the average GRM coming in at 14.15, which is a 9% decrease in a yearover-year comparison. Following a similar trend, the approximate
Price Per Sq. Ft.
average price per unit was $404,000 in 2017,
$700
$471,000 in 2018, and $466,000 in 2019. In
$600
2020, there was a dip to $425,000 per unit,
$500
which was a 9% decrease in a year-over-
$400
year comparison, and in 2021, the cost per unit dropped another 9% to $385,000.
$300
5-9 Units
$200
10+ Units
$100 $0
Dollar volume in the 10-plus-unit sector was all over the charts, particularly
2017
2018
2019
2020
2021
Source: CoStar Comps
in 2018, which saw a record-shattering Q4
$1,153,000,000 (yes, that is “billions”) in sales volume. Before 2018, the previous record was set in 2013 when sales volume reached $703 million. The city’s end-of-
Price Per Unit
year sales volume was $624 million in
$600,000
2017, and, as noted, $1.1 billion in 2018, before dipping back again to $572 million
$500,000
in 2019. Sales volume hit a ten-year-low at $377 million in 2020 before rebound-
$400,000
ing (after a sluggish start) in 2021 to $554
$300,000
million, which is a 47% increase in a year5-9 Units
$200,000
over-year comparison.
10+ Units
$100,000
2017
2018
2019
2020
After very low transaction levels in 2015
2021 Q4
Source: CoStar Comps
and 2016, sales started to pick up again in 2017, when the city saw 88 closed transactions. There were 103 closed transactions in 2018, and then sales slowed down again in
120 110 100 90 80 70 60 50 40 30 20 10 0
Transactions
2019, with 65 closings. In 2020, there was a but we rebounded in 2021 with 83 closings,
YTD 10+ Units
which is an 80% increase in a year-overyear comparison. The source of the numbers reported come from Jay Greenberg & Vitaly Rutus, San Francisco Multiple Listing Service, and Costar Comps.
2017
2018
Source: CoStar Comps
16
significant drop to 46 closings by year-end,
YTD 5-9 Units
MARCH 2022 | SF APARTMENT MAGAZINE
2019
2020
2021 Q4
Market View… continued on page 64
LISTED & SOLD
PRICE REDUCED
THE BONN/WEBB TEAM IS GRATEFUL TO OUR CLIENTS FOR A SUCCESSFUL 2021, WISHING YOU THE BEST IN THE NEW YEAR
511 Waller Street | 6 Units Sold $150,000 Over Asking
208-210 Fair Oaks Street | 4 Units Call Angelo Baglieri at 415-424-8201
RECENTLY SOLD BY THE BONN/WEBB TEAM
1756 Broadway 7 Units | 5,822 SF
475 Chestnut Street 7 Units | 6,613 SF
1040 Ashbury Street 9 Units | 9,438 SF
1110 Jackson Street 9 Units | 6,640 SF
1077 Ashbury Street 11 Units | 8,657 SF
1885 Filbert Street 8 Units | 4,790 SF
1900 Page Street 9 Units | 9,827 SF
Mark Bonn
Mirella Webb
Managing Director
Senior Investment Advisor
415.225.8658 mark.bonn@compass.com lic.: 01008844
415.640.4133 mirella.webb@compass.com lic.: 01409540 www.bonnwebbteam.com
Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All materials presented herein is intended for informational Purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any descriptions. This is not intended to solicit property already listed.
SF APARTMENT MAGAZINE | MARCH 2022
COMMERCIAL
Call us for a FREE and confidential valuation of your property or to consult about your real estate needs.
17
COLUMN
RENT BOARD REDUX
Passthrough Pitfalls w r i t t e n b y T H E S A N F R A NC I S C O R E N T B OA R D
When filing a passthrough petition, keep clear records and go through each step of the process carefully.
asked the Board to acknowledge the lease terms that are “clearly” stated in the lease, and that such terms should dictate the relationship between the landlord and the tenants. The tenants’ petition alleging a de-
Editor’s Note: The following San Fran-
the tenants’ complaints and to ac-
crease in housing services was granted.
cisco Rent Board cases are real, though
commodate the tenants; and had she
The ALJ determined that payment of
they have been edited for space and
known about the six-month rule, she
certain utility costs were housing ser-
clarity. They have been selected to high-
would have waited an additional four
vices provided by the landlord at the
light some of the more interesting cases
days to install the new HVAC system,
inception of the tenancy, and that the
that the Board reviewed at its recent
and that the full cost of the work
landlords were liable for rent reduc-
commission meetings. For full Rent
should be certified.
tions in the amount of $1,990.31 to offset utility costs paid by the tenants.
Board agendas and minutes, please visit sfrb.org.
The tenants also appealed, arguing that partial cost of the work should not
On appeal, the landlords assert that the
2000 Block of Fillmore Street
have been certified because if a code
ALJ was biased toward the tenants and
The property owner told the Board
inspector had come to the property, the
that the “unambiguous” language of the
that she rushed to install a new heat
landlord would have been cited for a
written lease requires the tenants to pay
system and added air conditioning to
code violation, which was evidenced by
for their own utility usage.
the unit under review, solely to accom-
the fact that the landlord installed a third
modate the new tenants, and it now
HVAC unit; and that if all three HVAC
saves them hundreds of dollars a month.
units had been properly installed at the
She said that had she delayed the HVAC
same time, the six-month rule would
1400 Block of Clement Street
installation by four days, 100% of the
have applied to all three units and no
The tenant told the Board that the land-
passthrough would have been automati-
part of the passthrough amount would
lord’s appeal is based on opinion, not
cally certified. She said she did the right
have been certified.
facts, and that he already explained why
thing, and requests that her appeal be
Decision: To deny both appeals (5-0).
he claimed a homestead exemption on
granted and that it is only fair that the
(For more information on how to cor-
a different property in great detail at the
full amount be certified.
rectly file a passthrough petition, check
hearing. Regarding his parking space,
out Passthrough the Buck in the Febru-
he stated that the landlord did not prove
ary edition of this magazine.)
that the tenant’s car will not fit in his des-
The property owner’s petition for a capital improvement passthrough to one of five units was granted. The ALJ only
ignated parking space, but the evidence Decision: To deny both appeals (5-0).
partially certified the full cost of two
18
to pay the utilities several years ago. He
did prove that the landlord provided his parking space to a different tenant, thus
new electric heater/air conditioner units
3000 Block of Irving Street
because the landlord rented the unit to
The property owner told the Board that
that the landlord made many false state-
the tenants on August 19, 2019, which
the written terms in the tenants’ lease
ments at the hearing and in the appeal.
was within six months of the installation
were not acknowledged in the ALJ deci-
of the electric wall heaters/air condition-
sion. He stated that the owners are a
A consolidated decision issued on the
ers in the bedroom and living room on
small, family-owned business that was
property owner’s petition requesting
February 6-7, 2020.
devastated by the pandemic, and that he
a determination pursuant to Rules and
has only asked for the tenants to pay for
Regulations Section 1.21 and the ten-
The landlord appealed, contending
the utilities they consume. He stated that
ants’ petition alleging a decrease in
that she would not have installed a
the owners were surprised by the ten-
new HVAC system in the unit but for
ants’ petition, as the tenants had agreed
MARCH 2022 | SF APARTMENT MAGAZINE
preventing him from using it. He stated
Rent Board Redux… continued on page 58
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19
Tax of all Trades Wr i t t e n b y
JOAQU Í N T OR R E S
Proposition 19 has changed the way property values may be transferred and preserved. Read on for the details. Hello, my name is Joaquín Torres and I’m honored to serve as your Assessor-Recorder in the City and County of San Francisco. Since being appointed by Mayor Breed in February 2021, I’ve focused on bringing the work of my office into our communities and neighborhoods, modernizing our systems to streamline and increase access to services to better meet your needs, and advancing a racial equity program that ensures underserved communities have equitable access to our resources. In my previous role as Director of the Office of Economic and Workforce Development, I delivered recovery and relief programs to those most affected by COVID-19. From relief for small businesses and workers, to COVID safety guidance for businesses, to securing funding for food for families, to ensuring community access to COVID testing and vaccines, I’m proud to be a part of a city team that worked diligently to support our City through a time of health and economic crises.
Proposition 19 One of the most frequent things I’m asked about is Proposition 19. This statewide 2020 ballot measure was narrowly approved by California voters and changes the way property values may be transferred and preserved. The new law has two parts. The first, known as the Family Transfer provision, went into effect on February 16, 2021. It affects the ways families think about inheritance and the financial impacts of transferring property. The second, known as the Base Year Value Transfers, is for homeowners 55 and older, persons who are severely disabled, and victims of natural disasters, and became operative on April 1, 2021. It allows for people 55 and older, persons who are severely disabled, and victims of natural disaster to more flexibly change their principal residence and preserve their factored base year value for their replacement home.
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MARCH 2022 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | MARCH 2022
21
Family Transfer Provisions
a replacement primary residence of any
example, a homeowner sells their primary
Proposition 19 requires that property
value in California. Previously, the replace-
residence in San Francisco in Novem-
transferred between parents and chil-
ment residence was required to be equal
ber 2021 for $1,800,000 with a base year
dren, and between grandparents and
or lesser in value. Now, the new home can
value of $450,000. In December 2021, a
their grandchildren, must be reassessed
be of greater value. However, if the value of
replacement home is purchased in an
to market value. However, an exemption
the new home is greater than the original,
all-cash offer of $2,000,000. My office
remains for family homes that are owner-
the difference in market value is added to
would calculate the new base year value
occupied by the parent and become the
the transferred base year value.
as follows: $2,000,000 (full cash value of the replacement home) minus $1,800,000
primary home of the child or grandchild. To qualify for the exemption, family
Homeowners can transfer their base year
(full cash value of the original home)
members must make the family home
values up to three times under the new law
equals $200,000. $200,000 (the difference
their primary residence within one year
or once per natural disaster. If a house is
in value between the two homes) is added
of the transfer to preserve the property’s
sold, the replacement home must be newly
to the $450,000 base year value of the primary home, totaling
existing assessed value. Please note that you will lose your chance to maintain your factored base year value if you do not make the inherited home your primary home and file a home exemption with my office. If this is not done within one year, Proposition 19 mandates that the property’s assessed value will be reassessed to market rate value without further opportunities to appeal. Also, the new homeowner must continually live
Proposition 19 requires that property transferred between parents and children, and between grandparents and their grandchildren, must be reassessed to market value. However, an exemption remains for family homes that are owner-occupied by the parent and become the primary home of the child or grandchild.
in this home as their
a new base year value of $650,000. The protected base year value of Proposition 19 would be less than the fair market value of purchasing a new home.
Current Status of the New Law After Proposition 19 passed, assessors were required to administer the new law and did not have discretion to set aside areas for which we disagreed. On September 30, 2021, the Governor signed into
primary residence to maintain the trans-
constructed or newly purchased within
law Senate Bill 539, which made clarify-
ferred factored base year value.
three years of the sale of the original home.
ing changes to Proposition 19. SB 539 is an
For a claim on a wildfire or natural disas-
implementing statute that provided guid-
Proposition 19 further eliminated the base
ter, three years are given following the
ance to all 58 California County Assessors
year value transfer for secondary proper-
purchase date or the completed construc-
to uniformly administer Proposition 19.
ties, such as small rental properties. Small
tion date of the replacement of the primary
rental properties, second homes, and com-
home. If you file after the three-year period,
SB 539 confirmed the definitions and ad-
mercial properties when transferred may
relief cannot be awarded, and the home
ministrative processes. For example, for the
now be subject to assessment to market
will be valued at market rate.
family transfers provisions, SB 539 defined
value as of the date of transfer from the owner to their eligible beneficiary.
Family Home/Principal Place of Residence
Two Common Scenarios
and Family Farm; and provided qualifica-
Scenario 1: If the market value of the new
tions and filing requirements, so my office
replacement home is less than or equal to
can properly administer the new law. For
Base year transfers are the more commonly
the market value of the original home, then
Base Year Value provisions, the legislation
known feature of Proposition 19. Base year
the taxable value may be transferred to
answered many of your frequently asked
value means tax value plus annual inflation-
the new home with no adjustment to your
questions, including those included below.
ary adjustments used to calculate property
property taxes.
Base Year Value Transfers
tax. The measure permits homeowners
What’s Next?
over 55 years of age, homeowners who are
Scenario 2: If your new home is more
severely disabled, or those whose homes
than the market value of the original
lot initiative to restore the former family
were destroyed by wildfire or natural di-
home, then the excess difference will be
transfer provisions to the State Consti-
saster to transfer their base year value to
added to the taxable base year value. For
tution. Before Prop 19 passed, families
22
MARCH 2022 | SF APARTMENT MAGAZINE
You may have heard there is a new bal-
SF APARTMENT MAGAZINE | MARCH 2022
23
could transfer and exempt from reassess-
• $2,600,000 (market value) -$1,554,000
ment up to $1 million in base year value
(excluded value limit) = $1,046,000
of “other property.” The new initiative
A. These time limits are dealing with two different issues. The replacement residence must be purchased or newly constructed
• The New Base Year Value: $1,046,000
within two years (before or after) the sale
year value of other property, such as
+ $554,000 (previous base year value)
of the original residence. The Proposition
second homes and commercial property.
= $1,600,000
19 application must be filed within three
proposes to exempt $2.4 million in base
A family home of any value is excluded from reassessment and does not count toward the $2.4 million limit. The initiative does not change Proposition 19’s base year value transfer for persons 55 or older, disabled persons, or wildfire victims. You can still transfer the
Q. My father owns an apartment
complex and lives in one of the units. He wants to transfer the complex to me, his son. Does the entire complex qualify as his family home?
A. No. Only the unit occupied as the
years of the date the replacement residence is purchased or newly constructed to receive full benefits. If the application is filed after three years, only prospective relief will be granted.
Q.
How does the Assessor determine market value?
base year value of your primary home to
family home qualifies for the exclusion.
a replacement home of any value, any-
The rest of the property would be reas-
where in the state. This is an effort by the
A. The Assessor must assess property at
sessed to 100% of fair market value. This
the fair market value. Typically, the sales
Howard Jarvis Taxpayers Association. As
process would not create multiple tax
and purchase prices are accepted, but
we learn more on the status of these and
bills. The amounts would be added to-
they must reflect the current fair market
other measures, we’ll be sure to share that
gether to create one tax bill with the
value. If for some reason the prices do not
information with you.
new amount.
reflect the fair market value, and the ap-
Family Transfer FAQs
Q. What are the requirements
praiser determines a different value, our
Q.
Can you show us how to calculate the property taxes when my family home is transferred to my family?
to apply for a Family Transfer exclusion?
A. In addition to filing for the home-
office will use the fair market value that the appraiser determined.
Additional Resources To learn more about Proposition 19,
owners’ or disabled veterans’ exemption
please visit my website (sfassessor.org/
within one year of the transfer, Proposi-
Prop19#description). We’ve included a fre-
tion 19 requires the child to file a claim for
quently asked questions (FAQs) section to
the parent to child transfer exclusion if
the change in ownership exclusion within
help familiarize you with the rules.
the value of your home is greater than
three years of the transfer.
$1,000,000. Proposition 19 states that the
Q. I never applied for a Home-
A. You have asked if you would lose new base year value will not change if the old base year value plus $1,000,000 is less than the fair market value of the family home. If the market value is equal or less than the value limit you will receive full relief. If the market value exceeds this limit, then partial relief is available.
owner’s Exemption, but I had lived in my house for many years before I sold it. Can I still qualify?
A. Yes. As long as the homeowner can
You can stay updated on any future changes through my newsletter, social media, and website. Remember, utilizing Proposition 19 must be done in a timely fashion, so please familiarize yourself with the rules and details to avoid any negative consequences.
prove that the sold property was owned and occupied as the principal place of
For homeowners who may have recently
For example, here is the calculation for
residence, they can meet the residency
submitted a Proposition 19 claim to our
the new base year value for a home with
requirement. Proof of residency may in-
office, please reach out to discuss any
$554,000 in base year value and the fair
clude vehicle registration, bank accounts,
concerns you may have. While Proposi-
market value of $2,600,000 at the time
or income tax records. Utility bills do
tion 19 is a new law that has presented
of transfer:
not qualify because they might be sent
administrative challenges for offices
to a renter.
throughout the state, we are working to
Excluded value limit amount is the previous
process your claims and answer your
base year value plus $1 million:
Base Year Value Transfer FAQs
questions as quickly as possible. Please
$554,000 + $1,000,000=$1,554,000
Q. I’m confused about the time
don’t hesitate to call us at (415) 554-5596
The difference between the market value and the excluded value limit is added to the previous base year value for the New Base Year Value, providing a partial relief:
24
MARCH 2022 | SF APARTMENT MAGAZINE
limits. One place says there is a two-year limit, and another place says there is a three-year limit. Which is it?
or to email Assessor@sfgov.org. We look forward to serving you. Joaquín Torres is the Assessor-Recorder for the City of San Francisco.
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SF APARTMENT MAGAZINE | MARCH 2022
27
Real Deals
Wr i t t e n b y T E R R E NC E JO N E S
Read on for tax strategies to take advantage of in 2022
28
MARCH 2022 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | MARCH 2022
29
Author’s Note: I am a licensed Real Estate
investment in the United States that beats
The third magical part of the triple tax
Broker in California. That license does
the 1031 exchange for real estate.
advantages is depreciation. Depreciation is a fictional concept. If you remove the land
not make me a tax or tax law expert. The opinions expressed below are based on 20
The 1031 exchange is the first of the
value of a property you purchase, then you
years of working and investing in com-
triple tax advantages of real estate. The
are left with the value of the structure on
mercial real estate. If you are considering
1031 exchange law is truly extraordinary.
the land. That structure is subject to wear
doing anything that impacts your taxable
The alternative is to sell your property,
and tear over its life. Depreciation com-
income, make sure you consult a licensed
pay tax on the gain, and reinvest the net
mences as soon as the property is placed in
legal or tax specialist to advise you on the
free cash into another investment. If you
service or available to use as a rental.
appropriate strategies and their implica-
do this, you will only have approximately 60% of the money you made from the
By convention, most U.S. residential rental
sale of your property. Every investor’s tax
property is depreciated at a rate of 3.636%
Tax Strategies When Selling
situation is different, but in general, sell-
each year for 27.5 years. Only the value of
One of the main reasons I left the finan-
ers can expect to pay 40% of their profit
buildings can be depreciated; you cannot
cial technology start-up world 20 years
in a combination of Federal capital gains
depreciate land. Unfortunately, deprecia-
ago was to take advantage of the triple tax
tax, state capital gains tax, and deprecia-
tion can only be altered by buying more
advantages found in real estate investing.
tion recapture.
property, so it is not as much of a strategy
tions for you.
In this article, I’ll discuss
where you can actively ma-
some of the tax advan-
nipulate your tax implica-
tages and how you might use them for 2022 to save on your own taxes. Some strategies relate to taxes on sales, and others relate to taxes on the continued ownership of your property. Before we start with specific
One of the main reasons I left the financial technology start-up world 20 years ago was to take advantage of the triple tax advantages found in real estate investing.
tions, like the 1031 or the debt service of your property. If you buy more in 2022 with or without a 1031 exchange, you can gain more depreciation going forward. A uniquely San Francisco tax strategy has to do with sales prices and costs related to
strategies, think for a mo-
the sale of property. The city
ment about the fickle nature of the tax advantages we enjoy as owners.
Imagine you made a $1,000,000 gain in the
of San Francisco passed a very high trans-
In 2022, the Biden administration had set
sale of your property. If you complete a
fer tax increase on the sale of properties
its sights on redefining one of the best tax
1031 exchange, all that money can go back
that are $10 million and above. This tax is
advantages we have in the United States:
into a new purchase. If you do not, you
so substantial a jump over the tax imposed
the 1031 exchange. The initial drafts of
are left with approximately $600,000 after
on properties that sell for under $10 mil-
the new tax law intended to limit the
taxes and depreciation recapture. If you
lion that buyers, sellers, and brokers who
amount of equity that could be exchanged
buy real estate with this, you have 40% less
are selling buildings that are close to $10
to $500,000. This would have been sig-
buying power.
million will often transfer fees and sale expenses outside of escrow to stay under
nificant for the industry, because many long-term owners who do 1031 exchanges
The second part of the triple tax advan-
this threshold, which can save thousands
would exceed this figure by a significant
tage in the United States is leverage—aka
of dollars for the seller. This is a risky strat-
amount. Fortunately, the politics to revise
debt—aka a loan. The loans taken out
egy; if you pursue this, it is essential that
the law bore out, and so there will be no
against an investment property allow an
you discuss the risks and rewards in detail
change to the law for 2022.
owner to expense the interest portion
with your CPA and tax attorney to best
of the monthly mortgage payment. This
understand it.
The biggest tax avoidance strategy you
expense deduction can be used to offset
can do if you intend to sell in 2022 is to
income, and shelter or reduce your tax-
Tax Strategies When Holding
use the 1031 exchange. If done right,
able income. In many instances, owners
A tax strategy owners can use next year for
investors can defer all tax on gains from
will take cash out of a property they have
properties they do not intend to sell has to
a sale of real property until they are no
owned for many years through a refi-
do with how work done on the property is
longer alive. This can be done as many
nance to create cash they can use to make
described. The strategy for classifying work
times as an investor wants with sales and
further real estate investments. Owners
done at your property as a “repair” versus a
subsequent purchases. Outside of an Indi-
can choose to put new debt on a property
“capital improvement” can have a signifi-
vidual Retirement Account or a 401K plan,
and impact their taxes for the period of
cant impact on when you take the deduc-
there is no other legitimate tax deferral
the debt.
tion on the expense.
30
MARCH 2022 | SF APARTMENT MAGAZINE
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In theory, the concept is simple. If you fix
An example, cited by the IRS, illustrates the
an electrical problem in a common area of
difficulty in determining how to classify
your rental building, it’s a repair (and 100%
some expenses: “You repair a small section
expensable in that year). In contrast, the
of the roof of a rental property. You deduct
brand-new roof you installed on your build-
the cost of the repair as a rental expense.
ing at a cost of $20,000 is a capital improve-
However, if you remove the old roof and
ment and must be depreciated.
replace it with a new one, the expense is an improvement because it restores the
The obvious advantage of classifying an
property. You must depreciate the cost of
expense as a repair is that 100% of its cost
the new roof.”
Passthroughs
PAY! Take advantage of the Rent Board rules that benefit you.
We prepare petitions for
goes to reduce your taxable income in
• Soft Story/Voluntary Seismic
that calendar year. In the case of the roof,
But how much of a roof must be repaired
it would benefit the owner to expense the
before it becomes a replacement (i.e., an im-
• General Capital Improvements • Operating and Maintenance
entire $20,000 as a repair than to depreci-
provement)? And if another roof is put on
and also
ate it over 15 years. If you’re in the 30% tax
top of the existing roof, isn’t that a repair,
bracket, this $20,000 sheltering of income
because it extends the life of the roof and
translates to a tax savings of $5,994 in that
does not involve removal of the old one?
year. But with roofs and other depreciated business assets, there’s the 15-year depre-
Questions like these—the “gray areas”—
ciation bonus: you can depreciate half the
come up all the time, and demonstrate that
cost of the new roof the first year and the
sometimes making a determination is a
balance over the following 15 years.
matter of an owner’s interpretation.
Whether to classify work on a property as
When In Doubt, Consult a Tax Expert
a repair or an improvement is not always
The more aggressive your approach to
clear-cut.
taxation issues in the gray areas, the more red flags IRS auditors will see, and the more
The IRS website (www.irs.gov) provides
likely you are to be audited, with possible
some basic, but confusing, guidelines on
reclassification of expenses, back taxes,
the issue of repair versus improvement:
and penalties. If you do take a more aggressive approach and are audited, be prepared
• “If you improve depreciable prop-
to defend your position with documenta-
erty, you must treat the improvement
tion and support from IRS codes or regula-
as separate depreciable property.
tions, memos, or tax court decisions. If you
Improvement means an addition to or
have any doubts about where to place an
partial replacement of property that is
expense, especially a large one, seek the
a betterment to the property, restores
opinion of a Certified Public Accountant or
the property, or adapts it to a new or
tax attorney.
different use. • “You generally deduct the cost of repairing business property in the same way as any other business expense. However, if the cost is for a betterment to the property, to restore it, or to adapt it to a new or different use, you must treat it as an improvement, and depreciate it. • “Although the high cost of the work performed may also be considered in determining whether an expenditure is capital in nature, cost alone is not the key factor.”
Terrence Jones is Senior Broker Associate with Corcoran GL Commercial can be contacted at (415) 786-2216 or terrence@ terrencejonesSF.com.
Mike Stack
Real Estate Advisor
Call or email me today for a free & private analysis of your property’s value. 415.580.9095
mikestack@vanguardsf.com MikeStackSF.com
D R E# 0193228 0
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MARCH 2022 | SF APARTMENT MAGAZINE
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1935-1943 Hayes St Panhandle, San Francisco
$3,710,000
13 UNITS MIXED USE
LIST PRICE $4,300,000 REPRESENTED BUYER
PRICE / UNIT
$285,385 C A P R AT E
GRM
PRICE / SQ FT
$363 SQ FT
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33
ABCs of 721 Exchanges written by PE T E R K . F I S H E R
Everything you need to know about the 721 Exchange (UPREIT) for diversification of highly appreciated assets. Opportunities exist in the marketplace for investors to diversify their real estate holdings while deferring capital gains of highly appreciated and long-held assets. Real estate property owners may find utilizing a combination of Section 1031 Exchange and Section 721 Exchange, also referred to as a “Two-Step UPREIT Transaction,” to be a beneficial tax mitigation process. Knowing that each investor’s specific situation is different, we recommend that the investor seek the advice of tax and legal professionals to understand risks and how this can apply to their unique situation. Rather than a 1031 like-kind exchange, a 721 Transaction allows an investor to contribute property directly to a Real Estate Investment Trust (REIT) operating partnership (the entity through which the REIT acquires and owns its real estate) in exchange for Operating Partnership Units (OP Units). A 721 Transaction may be helpful for property owners with significant gains where a sale would incur a tax liability or those looking for estate planning tools to pass wealth on to heirs in a tax-efficient manner. The most recent year brought concerns around the future of Section 1031, and the 721 Transaction may be an option to diversify away from these uncertainties.
What is the 721 Transaction or UPREIT? Section 721 of the Internal Revenue Code permits owners of real estate properties to contribute their assets, on a tax-deferred basis, to a partnership in exchange for interest or operating units in the partnership. REITs often hold their real estate portfolio through an operating partnership known as an Umbrella Partnership Real Estate Investment Trust, or UPREIT. The UPREIT structure allows real estate holders to exchange their property for OP Units of the operating partnership by contributing that property through a 721 Transaction. The OP Units have a similar structure to the shares of the REIT and, after a predetermined time, can generally be converted to actual shares of the REIT for additional liquidity. This conversion from OP Units to shares would trigger a tax liability. Many real estate investors use the 721 Transaction to complement or as an alternative to Section 1031 Exchange. Real estate owners looking to invest in a more extensive portfolio with diversification, professional management,
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MARCH 2022 | SF APARTMENT MAGAZINE
Photo by Luke Mummert on Unsplash
SF APARTMENT MAGAZINE | MARCH 2022
35
economies of scale, increased liquidity,
holding a Series 66 do not fall under this
REITs tend to own many assets diversi-
and added estate planning benefits may
definition. If you are unsure if you are an
fied through different markets. The 721
find the REIT an attractive tool. The 721
accredited investor and/or an accredited
Transaction into a REIT can give the abil-
transaction can provide many benefits
entity, please verify with your CPA and
ity to diversify an individual’s portfolio,
while deferring potential tax liability on
attorney.)
which may reduce concentration risk. A REIT can provide similar benefits of real
their original property. The REIT can then acquire the DST asset
A Common 721 Transaction Challenge
estate ownership such as appreciation, tax
through the UPREIT transaction. The oper-
shelter through depreciation, and income.
ating partnership of the REIT is receiving
(Note: Diversification does not guarantee a
To execute a 721 transaction, investment
all the DST interests from the beneficial
profit or protect against a loss in a declining
property is contributed to the operating
owners in exchange for OP Units. By
market. It is a method used to help manage
partnership of a REIT. Depending on the
exchanging into a DST, an individual can
investment risk.)
type of property the individual is contrib-
access typical institutional assets attractive
uting, it may be challenging to find a REIT
to a REIT.
willing to execute the UPREIT transaction.
Income Investors typically will receive income
One may find it difficult to UPREIT a small
Sometimes, these sponsors will create cus-
generated by the DST before a DST 721
apartment building, condo, or single-family
tom programs, where other registered enti-
Transaction and from OP Units of the REIT
home, as an example.
ties they manage invest in the DST with a
through distributions. Income generated by
future option to purchase the investor own-
721 Two-Step UPREIT Transaction or DST 721
the DST or OP Units may have tax advan-
ership position. For example, imagine that
tages due to depreciation and other strate-
an investment program sponsor creates
gies. (Note: Potential cash flows, returns,
Many full-service real estate advisory
both a publicly registered non-traded REIT
and appreciation are not guaranteed and
firms, or sponsors, create investment pro-
and a DST program focused on the same
could be lower than anticipated.)
grams to accommodate market demand
type of asset. The REIT takes a percentage
for passive real estate 1031 exchange
ownership position in the DST with the
Liquidity
products. These programs, subject to the
investor doing a 1031 exchange into the re-
The ability to convert OP Units of the REIT
Securities Act of 1933 and investor suitabil-
maining position or mutually agreed to mi-
to shares can provide liquidity benefits
ity requirements, are often structured as
nority share. The REIT then has an option
that are not standard with DST or property
Delaware Statutory Trusts (DSTs). Purchas-
to purchase the investor interest in the fu-
ownership. Partial or full liquidity may be
ing DST interests provides investors with a
ture through the 721 UPREIT. A typical DST
achieved, depending on availability deter-
vehicle to exchange proceeds from a real
721 Transaction should generally occur no
mined by the company, by converting the
property sale into professionally managed,
less than two years after the beneficial own-
OP Units to shares of the REIT. While this
institutional quality real estate through the
ers acquire the DST interest. An agreement
is a taxable event, it gives more control to
Section 1031 Exchange process.
with a REIT, additionally, does not consti-
spread tax liability or access capital.
tute a guarantee the REIT will execute the Many investors do not hold real estate
UPREIT transaction.
that is attractive to a typical REIT for the
Estate Planning A common estate plan is to pass real estate
UPREIT Transaction. Using the DST, an ac-
Further, should the REIT exercise its option
wealth on to the next generations. The 721
credited investor sells tangible property to
to purchase the investor position in the
Transaction can be beneficial due to the
a third party and uses the proceeds from
DST, the investor may choose to accept OP
increased liquidity provisions. There is
the sale to purchase a fractional interest
Units in the REIT through a Section 721 Ex-
often conflict on the division and timing of
in a DST. Following the 1031 guidelines,
change or as cash proceeds from the sale.
inherited assets within families and DST or
the investor would purchase interest equal
Should the investor take the cash option,
real estate ownership can be restrictive on
to or greater than in the DST, potentially
they can do another Section 1031 Exchange
liquidity. On the other hand, ownership of
deferring any tax liability that may have
or keep the proceeds and pay taxes. Should
OP Units converted to shares can be split
been due.
the investor accept the OP Units in the REIT
up and be passed to heirs at a step-up in
through the 721 Exchange, the investor
basis, eliminating the potential tax liability
(Note: DST 1031 properties are only avail-
may achieve greater diversification by own-
due by the original owner upon passing.
able to accredited investors and accredited
ing the REIT.
entities. An accredited investor is typically
income individually/$300,000 jointly for
What are the Potential Benefits of a 721 Exchange? Diversification
the last three years; or as having an active
Many investors incur concentration risk by
Series 7, Series 82, or Series 65. Individuals
owning one property in a single market.
defined as having a $1 million net worth excluding primary residence or $200,000
36
MARCH 2022 | SF APARTMENT MAGAZINE
Future Change to 1031 Tax Code It is not unusual to see tax code overhauls with administration changes. The 2017 Tax Cuts and Jobs Act eliminated 1031 ABCs of 721 Exchanges… continued on page 61
SF APARTMENT MAGAZINE | MARCH 2022
37
COLUMN
LEGAL Q&A
By the Unit w r i t t e n b y VA R IOU S AU T HOR S
Housing providers must be careful to avoid unlawful discriminatory practices, even with no such nefarious intentions. • Source of income Q. On the application I give • Military or veteran status
to potential renters, I ask why they are moving. Is this inquiry permissible?
siderations that carve out exceptions even to these appropriate standards. For example, since source of income cannot be used as a basis to deny an application, and both California and local law now essentially require housing providers to participate in Section 8 and other voucher-based programs, using credit
The above characteristics comprise
history or income qualifications for folks
what are known as protected classes,
that have vouchers or subsidies that
meaning you may never deny or inhibit
guarantee the payment of all or most
the ability of anyone to obtain housing
of the rent is tantamount to unlawful
why they are relocating is probably
based upon these criteria. Period. Dis-
housing discrimination. This is because,
okay. But you are wise to exercise cau-
crimination in leasing (or actions that
in most instances, a voucher-qualified
tion as to what inquiries you are making
can be perceived as discrimination) are
applicant would likely fail to satisfy stan-
of potential applicants. Fair housing
behaviors and actions that factor in the
dard income and credit criteria and, as
claims are on the rise in California, and
protected class of the person.
such, would never be able to qualify for
A. Yes, asking a potential applicant
your housing. Indeed, if rent is provided
housing providers cannot be too careful about avoiding unlawful discrimina-
These actions include:
nefarious intentions. Let’s briefly summarize fair housing laws
and guaranteed by the government or other financially sound entity, there is
tory practices even if you have no such Refusing to rent units to a protected
no legitimate business purpose to in-
class, or steering persons to particular
come- or credit-qualify such applicants.
units or buildings. Yet eviction history and prior landlord
as they apply to applicant screening. • Implying to a protected class mem-
references are likely a permissible line
Stated succinctly, you may never dis-
ber that certain units are not avail-
of inquiry in most circumstances. As-
criminate against someone because
able for rent or viewing when that is
certaining why the applicant is moving
of their:
not true.
and what that applicant’s history is with
• Race, color • Ancestry, national origin • Citizenship, immigration status • Primary language • Age
• Showing certain units or amenities to certain applicants but not others. • Any sort of rules or policies that can result in unequal access for applicants.
the prior housing provider could shed light as to whether or not the applicant has behavioral issues or otherwise failed to adhere to the requirements of a prior rental agreement. In fact, California housing providers
• Religion
38
However, there are certain critical con-
• Disability (mental or physical)
Legitimate leasing criteria include
should perform due diligence to ensure
• Sex, gender
credit history, income qualification,
that they are not placing disruptive or
• Sexual orientation
negative references from a previous
otherwise poorly behaved tenants into
• Gender identity, gender expression
housing provider, or prior adverse
an apartment community. That said, this
• Genetic information
eviction history. To that end, exploring
author strongly urges all housing provid-
• Marital status
why a resident is seeking new housing
ers to regularly attend SFAA classes on
• Familial status
is not patently objectionable.
fair housing and best leasing practices,
MARCH 2022 | SF APARTMENT MAGAZINE
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39
as a discrimination complaint can result in
After applying the security deposit to
substantial fines and penalties.
satisfy the COVID-19 rental debt, you should apply to the rental assistance pro-
—Dave Wasserman
gram to seek the remaining balance. For
Q. A tenant is vacating with lots
more instruction on how to apply for rent
A. It is assumed for purposes of this
tance, does not cooperate with the rental
of back rent that accumulated during COVID. Can I keep the security deposit to recoup some lost rent?
relief, turn to page 42 or visit sfaa.org or caanet.org. If the tenant is not eligible for rental assisassistance application, or, if the application
Q&A that your tenant voluntarily moved
was denied, you may want to file a small
out and is no longer occupying the rental
claims or ordinary civil lawsuit to collect
unit.
the balance of the past due rent when permitted by your local jurisdiction.
Under California law, a security deposit is money that the property owner holds to
A judge will want to see evidence that you
reimburse themselves to cover unpaid rent,
applied to the rental assistance program
costs of repairs for damage caused by the
before a claim is filed.
tenant, cleaning costs, and cost of repairs beyond normal wear and tear. In an effort to protect tenants and help property owners, there were a bundle of COVID-19-related laws passed by the state legislature. The most recent iteration extended California’s statewide eviction mor-
—Angelica Sandoval The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Dave Wasserman is with Wasserman Law Offices and can be reached at 415-567-9600. Angelica Sandoval is a real-estate attorney with Fried, Williams, & Grice Conner LLP and can be reached at 510-625-0100.
SLP_SFApt_Ad_0813_Shwiff_SFaptAd_0813 8/19/13 3:
atorium through September 30, 2021, and continued protections for renters related to the COVID-19 pandemic. These laws protected tenants from being evicted if they were unable to pay rent due to a financial hardship related to COVID-19 and provided a process for property owners to cooperate with tenants to apply for rental assistance. As part of this bundle of laws, one section prohibited the property owner from using the security deposit to satisfy COVID-19 rental debt, unless the tenant agreed in writing. Fortunately, the exception is if the tenancy has ended. If the tenant has moved out, you are permitted to deduct the unpaid rent from the security deposit and send an itemization of that deduction as you normally would. California law requires property owners to return the security deposit and/or an itemization of deductions from the security deposit within 21 days after the tenant moves out.
40
MARCH 2022 | SF APARTMENT MAGAZINE
EXPERTISE
■
INTEGRITY ■ SERVICE
■
VALUE
Legal Questions
? Confused about local and statewide rental housing laws? Take advantage of SFAA’s legal information network. Before every SFAA General Membership Meeting, a diverse panel of San Francisco landlord attorneys answers your questions about your property, your tenants and the San Francisco Rent Ordinance. SFAA monthly meetings and legal panels are a benefit just for members, so make sure you are getting the most out of your membership and be sure to attend the next meeting.
Shwiff, Levy & Polo, LLP Certified Public Accountants and Management Consultants
EXPERIENCED, RESPONSIVE REAL ESTATE ADVISORS ■ ■
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Multi-family residential property sales among top 7 brokers in San Francisco in units sold over 5 quarters* 300 250 200 150 100 50 0 — Other San Francisco Brokerages — * Unit sales volume, transaction-side sales reported to SFARMLS, 1/1/20 –3/31/21, per Broker Metrics as of 4/4/21. Sales reported to MLS: Not all sales are reported.
5+ Unit multi-family property sales in units sold over 5 quarters* among top 7 brokers in San Francisco 60 50 40 30 20 10 0 — Other San Francisco Brokerages — * Unit sales volume, transaction-side sales reported to SFARMLS, 1/1/20 – 3/31/21, per Broker Metrics as of 4/4/21. Sales reported to MLS: Not all sales are reported.
SF APARTMENT MAGAZINE | MARCH 2022
41
NEED MORE RENTAL ASSISTANCE? COVID-19 RENTAL ASSISTANCE DOESN’T HAVE TO BE A ONE-AND-DONE PROPOSITION. Q. How do I apply for additional rental assistance if I previously completed an application and received rental assistance payments, but the tenant has not recertified for additional assistance? A. Do not submit a new application. Reapplying will slow down processing and may result in an inconsistent application status. Instead, take the following steps: Contact the Emergency Rental Assistance Program (ERAP) call center at 833-430-2122 and select “landlord” from the menu. Ask the agent to open your application, and that the pages called “tenant information” and “submit” be reopened. If you need to update the landlord information, too, request to have that page opened as well. Log in to your account to update any information on the tenant information page—including updated rent rolls and tenant contact information. While logged in to your application, go to the “submit” page, read through the certifications, and check the appropriate boxes. Sign the application and submit. Once this process is completed, the new submittal will act just like a new application and will trigger all the appropriate notifications. Q. How do I apply for additional rental assistance if I did not previously complete an application, but received a rental assistance payment because the tenant applied and received the payment directly, but the tenant has not recertified for additional assistance? A. In this situation, complete a new application for rental assistance as follows: Register for the program and initiate a new application at housing.ca.gov Complete the landlord section of the application. Under A.16, “Have you or do you intend to file for eviction against this tenant for nonpayment of rents during COVID-19?” select “Yes.” Enter the number of units for which you are potentially seeking eviction. If this is a single application for a single unit, the number will be one. Under “tenant name,” enter the name of each tenant you are potentially seeking to evict. Enter the case ID next to the name for every tenant where you know there is a pre-existing tenant application. You are strongly encouraged to ask your tenants for case IDs to assist in this process. Entering case IDs will help administrators prevent duplicate applications and will speed up processing. Complete the remainder of the “tenant information” section and then complete the “submit” section and submit the application. The submittal will trigger the appropriate notifications to the tenant and the program. Although you will not be paid directly under this circumstance, you will have some insight into the application status and processing as the application moves through the process. Q. What is the process for a tenant to recertify? A. The tenant will receive an automated email notification informing them that it is time to recertify if additional assistance is needed. The tenant then completes and submits the recertification application. If you participated in the original application, a program administrator will reach out to you for updated rent rolls. Payments made under this scenario will go directly to you. If you did not participate in the original application, approved payments will be made directly to the tenant. The tenant is required by law to pay the rental assistance they receive to you. Q. What if a tenant claims a different amount owed than what I claimed on my application? A. Program administrators will likely defer to your rent roll when evaluating the amount of rent owed. Please ensure that your records are accurate and easy for administrators to understand. Q. How long will recertification take? A. This is unclear, however, fewer recertification applications are pending than initial applications, so the recertification process should be shorter than the initial waiting period. Q. Does the recertification process require the tenant to participate? A. Yes. The federal program is based on tenant eligibility, so the tenant must participate for your reapplication to move forward. So, if you have applied, continue to share information about the program with your tenant and encourage them to apply. Here are some suggestions: The Housing Is Key website ( housing.ca.gov ) templates for emails and letters you can share with your tenant. These materials can be found under Renter & Landlord Resources. If the tenant is not responding, you could contact a Local Partner Network organization (appointment line: 833-687-0967) and explain that you need help with tenant outreach. They will try to speak to the tenant on your behalf, to build trust and confidence in the process. The Local Partner Network serves both landlords and tenants, and either may request assistance.
The above information was written by Embert P. Madison, Jr., State Advocacy and Compliance Counsel, and originally published by the California Apartment Association. Reprinted with permission.
42
MARCH 2022 | SF APARTMENT MAGAZINE
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We recognize the long-term value of mutually beneficial relationships far outweighs the short-term value of any particular transaction.
The property information herein is derived from various sources that may include, but not be limited to, county records and may include approximations. Although the information is believed to be accurate, it is not warranted and you should not rely upon it without personal verification. © 2022 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. All Rights Reserved. Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates fully supports the principles of the Equal Opportunity Act. Each Office is Independently Owned and Operated. Coldwell Banker Commercial and the Coldwell Banker Commercial Logo are registered service marks owned by SF APARTMENT | MARCH 2022 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws or MAGAZINE regulations.
43
COLUMN
DEBITS & CREDITS
Patch More, Pay Less wr it te n by ELIZ A BET H H. SH W IFF
Don’t miss out on the myriad ways maintenance, repairs, and upgrades can ease your tax burden.
S
from those improvements, they are just handled differently on your tax return; it’s important to know the difference. The IRS deems a rental property improved if “the amounts paid are for a betterment or restoration or adaptation to a new or different use.” The costs for
pring and summer are the time
expenses, you can still deduct them
improvements are considered non-
of year when property owners
(and show the reimbursement as other
deductible capital expenditures and are
turn their thoughts to hammers
income). When you include utility re-
recovered through depreciation over
and paint—and taxes! Whether
imbursements in your rental income,
the length of their useful life. When you
you’re undertaking a renovation or sim-
you can deduct that same amount as a
make improvements to your rental prop-
ply fixing some leaky plumbing, projects
rental expense.
erty, you should use Form 4562 to report depreciation beginning in the year that
are best accomplished when people are away on vacation, and least expensive
In fact, your deduction opportunities
when Uncle Sam pays part of the cost.
don’t end with the “ordinary” repairs
you make the improvement.
that keep your property in good operat-
Sometimes, the distinction of what
Keeping up with property improve-
ing condition. “Necessary” expenses,
constitutes a repair versus an improve-
ments and repair projects is good busi-
such as advertising, mortgage interest,
ment isn’t clear. In 2013, the government
ness practice for landlords, of course.
property taxes, utilities, and insurance
issued Treasury Decision 9636—the
Equally important is ensuring that you
premiums, are all deductible, too. If you
“final tangibles regulations”—to help
are taking full advantage of the various
have on-site employees, the cost of their
rental property owners determine what
opportunities these activities present to
wages and their health and workers’
costs are deductible and what costs must
ease your tax burden. These opportuni-
compensation insurance is deductible.
be capitalized and depreciated. For ex-
ties differ for owners of rental proper-
And if you charge the cost of repairs to
ample, if you repair sheetrock and then
ties and homeowners; exercising them
your credit card, you can deduct any
paint the wall, that’s a repair; if you shift
properly may be the difference between
interest for the purchase of materials or
or remove the entire wall to modify the
money going into or out of your pocket.
services that went toward that repair.
room and floor plan, that’s an improve-
Property Repairs
If you need to travel to maintain or
frame or replace a busted closet door,
As a homeowner, general repairs you
repair your property, that’s deductible,
that’s a repair. If you widen the door
make to your property—to fix problems
too. That includes driving to the prop-
frame and hang a new door, that’s an
or restore it to its original condition—are
erty to oversee a tenant complaint or
improvement.
all on your shoulders. For the owner of
driving to the store to buy repair parts.
a residential rental property, however,
It can also include expenses for airfare,
repairs and many other expenses are
hotels, and meals if you must travel over-
De Minimis Safe Harbor Election and Routine Maintenance
deductible on your tax return. Accord-
night. (Be extra careful to keep good
An important election for a “small tax-
ing to the IRS, you can deduct “ordinary
records to support activity that involves
payer” landlord (IRS definition: gross
and necessary expenses for managing,
long-distance travel, documenting that
receipts under $10,000,000) is the “de
conserving and maintaining your rental
you are staying within the law.)
minimis safe harbor election,” which al-
ment. If you patch a dinged-up door
property.” This regulation translates into a myriad of potential tax breaks.
44
Property Improvements
lows the expensing of items up to $2,500 per Invoice or Item. Instead of capitaliz-
When it comes to tax returns, “repairs”
ing and depreciating the cost of acquir-
Need to fix a leaky faucet? Deduct it.
and “improvements” are not the same
ing or improving property items over its
Need to replace a broken window?
thing. While you can write off repairs as
useful life, you may now deduct up to
Deduct it. You can even deduct clean-
an expense, you cannot always write off
the $2,500 without being questioned by
ing costs and mowing the lawn. If the
the cost of improvements to your rental
the IRS. Keep in mind that keeping good
tenant pays a reimbursement for these
property. You can still benefit taxwise
books and records is a necessity.
MARCH 2022 | SF APARTMENT MAGAZINE
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MARCH 2022 | SF APARTMENT MAGAZINE
Zacks, Freedman & Patterson, PC – one of the Bay Area’s leading real estate law firms – is proud to announce the addition of three new attorneys to our team.
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Brian O’Neill
Maddy Zacks
Laura Strazzo brings broad insight into California real estate law. Her practice covers a range of real estate matters including land use, nondisclosure and boundary-line disputes, construction defects, landlord-tenant, and compliance issues. Laura also has experience in energy and environmental law.
Brian O’Neill brings extensive experience in land use and environmental law. Prior to joining the firm, Brian worked at the California Coastal Commission on permit appeals for a wide range of projects, including subdivisions, commercial and residential development, affordable housing, and infrastructure. He regularly appears before planning commissions, city councils, and other government agencies.
Maddy Zacks’ practice focuses on real estate litigation, specifically landlord/tenant law. Before entering real estate practice, she worked as an extern for Magistrate Judge Jacqueline Scott Corley in the Northern District of California. She also worked at the Federal Public Defender’s office in Little Rock, Arkansas, where she drafted habeas corpus appeals for men on death row.
Attorney at Law
Attorney at Law
Attorney at Law
Zacks, Freedman & Patterson, PC • 601 Montgomery Street, Suite 400, San Francisco, CA 94111 415.956.8100 • info@zfplaw.com • www.zfplaw.com
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47
The “Routine Maintenance Safe Harbor” is
Previously, landlords couldn’t use Section
Of course, it is very important to maintain
another safe harbor that allows the deduc-
179 to deduct personal property, but that
supporting documents for everything
tion of amounts paid for recurring work
changed with TCJA. Not only can they
reported on your tax returns. If you were
performed to keep a rental property in its
deduct the cost of personal property items
ever to be audited, you will need this evi-
ordinarily efficient operating condition.
purchased for inside a rental property, such
dence to avoid additional taxes and pen-
Routine maintenance is the reasonable ex-
as appliances, furniture, and carpeting,
alties. The necessary support items you
pectation at the time the property is placed
they can also deduct items for the business
need for any deduction expenses include
in service to perform maintenance more
that are used outside a rental unit, such as
invoices, receipts, canceled checks, and
than once during a 10-year period or class
office equipment, cars, and even mainte-
credit card statements.
life. Routine maintenance does not apply
nance equipment, like a lawnmower. The
for amounts paid on a property for better-
maximum expensing limit under Sec-
Green Improvements
ment or restoration.
tion 179 is $1.08 million and the phaseout
Are you concerned about climate change
threshold was increased to $2.7 million for
and ready to do your part to help? You may
2022, adjusted for inflation.
be wondering what kinds of new tax incen-
Bonus Depreciation
tives Uncle Sam offers in TCJA to help you
The Tax Cuts and Jobs Act (TCJA) made significant changes to bonus depreciation,
If your rental business is in California, how-
make energy efficiency upgrades to your
such as the increase to 100% depreciation
ever, this may be cheerless news because
properties. Unfortunately, the news is dis-
in the year purchased on qualified prop-
California does not conform to the federal
appointing, especially for landlords.
erty acquired after September 27, 2017,
guidelines for bonus depreciation or Sec-
and placed in service by 2023. This means
tion 179 deductions. In California, the maxi-
For many years, the government promoted
tangible property with a recovery period
mum Section 179 deduction is limited to
“Energy Star” as an incentive to conserve
of 20 years or less can be 100% fully de-
$25,000 and the threshold cost of property
energy—a program that offered tax cred-
preciated in its first year placed in service.
is $200,000.
its to taxpayers who purchased energyefficient appliances. Energy Star expired
However, 2022 is the final year to take advantage of the full 100% rate of bonus
No matter where your business is, it is
in 2012. Now, instead of focusing on the
depreciation; the bonus depreciation rate
important to keep in mind that when you
conservation of energy, the government’s
will phase down by 20 percent per year
deduct an asset under Section 179, you
green incentives focus on the production
beginning in 2023 and ultimately be elimi-
must continue to use it for business at least
of residential energy. Energy tax credits are
nated after 2026.
50% of the time for as many years as it
offered to offset the cost to taxpayers who
would have been depreciated. Section 179
upgrade their homes with equipment that
Been to an auction lately? If it makes sense
expensing is also limited to your net in-
can generate renewable energy; specifi-
for your property and your market, con-
come for the year—you can’t deduct more
cally, solar, wind, geothermal, and fuel-cell
sider buying used property. Used property
than you made.
technology. The credit is equal to 26% of the cost of such equipment, including in-
acquired after September 27, 2017 also qualifies for 100% bonus depreciation, not
Keep Good Records
stallation, and there is no upper limit on the
just new property. You will need to ensure
The world of properties and taxation is a
amount of the credit for solar, wind, and
the used property was not acquired from a
changing landscape, but there are ample
geothermal (although the fuel-cell technol-
related party.
ways to optimize your tax position if you
ogy has limitations) in 2022.
know what you’re doing. Do yourself a In addition to 100% bonus depreciation
favor and keep good records related to
This attractive opportunity is available
and the ability to apply bonus deprecia-
your rental activities. There are so many
to eco-conscious homeowners for their
tion to used property, the TCJA allows for
important reasons to do so in running
primary home, and even a second home
bonus depreciation on personal property
a business. Keeping good records helps
(except for fuel-cell technology)—unfortu-
that is converted to business use or for the
you keep track of your deductible rental
nately, it is not available for eco-investments
production of income in the same tax year
expenses for all repairs that you do to your
made to rental properties.
it was acquired.
property. It also helps you keep track of
Section 179
property improvements that you need to
As with anything tax-related, if you aren’t
capitalize and depreciate.
clear or have questions about potential tax breaks or liabilities, you should seek guid-
Section 179 is a part of the tax code that is really beneficial to real estate business own-
Good record-keeping also helps you iden-
ers pursuing improvement. It allows busi-
tify all sources of your rental income and
nesses to deduct the full purchase price of
enables you to monitor the overall progress
tangible, long-term personal property in
of your rental properties. Ready access to
the year that it was purchased, rather than
this information will help you prepare your
depreciating the cost over many years.
financial statements and your tax returns.
48
MARCH 2022 | SF APARTMENT MAGAZINE
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SF APARTMENT MAGAZINE | MARCH 2022
49
sfaa 2 2022calendar
sfaa
March
WEDNESDAY, MARCH 2 Lunch & Learn Setting Rental Rates Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
THURSDAY, MARCH 3 Asset Protection for Properties Webinar Zoom Webinar System 1:00 p.m. to. 2:00 p.m. Members $45 Non Members $65
MONDAY, MARCH 7 Board of Directors Mtg. 11:30 a.m.
WEDNESDAY, MARCH 9 Lunch & Learn Advertising & Marketing Your Unit Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
THURSDAY, MARCH 10 Rent Increases During the Pandemic Webinar Zoom Webinar System 1:00 p.m. to. 2:00 p.m. Members $45 Non Members $65
WEDNESDAY, MARCH 16 Virtual Member Meeting Update 9:00 a.m.
WEDNSDAY, MARCH 16 SFAA Online Lease Demonstration Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Free for Members
WEDNESDAY, MARCH 16 Lunch & Learn Showings Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
THURSDAY, MARCH 17 Best Practices for Serving Legal Notices Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
FRIDAY, MARCH 18 Roommate and Tenancy During Covid-19 Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
TUESDAY, MARCH 22 Setting Up Settlements for Success Webinar Zoom Webinar System 10:30 a.m. to. 12:30 p.m. Members $45 Non Members $65
April MONDAY, APRIL 4 Board of Directors Mtg. 11:30 a.m.
WEDNSDAY, APRIL 6 SFAA Online Lease Demonstration Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Free for Members
WEDNESDAY, APRIL 6 Lunch & Learn Application & Screening Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
THURSDAY, APRIL 7 Intellirent Demonstration Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Free for Members
FRIDAY, APRIL 8 New Rent Control Laws Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $65
WEDNESDAY, APRIL 13 Lunch & Learn Offers, Concessions, ADA Law & Section 8 Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
WEDNESDAY, APRIL 20 Virtual Member Meeting Tenant Attorney Panel 9:00 a.m.
WEDNESDAY, APRIL 20 Lunch & Learn Notices Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
THURSDAY, APRIL 21 Managing Tenants to Avoid Liability Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $65 Non Members $95
WEDNESDAY, APRIL 27 Lunch & Learn Lease Review Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $45 Non Members $65
FRIDAY, APRIL 29 New Unit Registration & Licensing Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $45 Non Members $65
SFAA offices will be closed on March 31st in observance of Cesar Chavez Day. 50
MARCH 2022 | SF APARTMENT MAGAZINE
SFAA MEMBER MEETINGS WILL BE HELD VIRTUALLY UNTIL FURTHER NOTICE DUE TO COVID-19. FOR TOPICS AND SCHEDULES, VISIT SFAA.ORG. join online at sfaa.org or call 415.255.2288
2022 join online at sfaa.org or call 415.255.2288
SAN FRANCISCO’S
RENT BOARD FEE
$29.50
Chapter 37A of San Francisco’s Administrative Code allows the city to collect a per-unit fee for each residential dwelling unit that is subject to the San Francisco Rent Ordinance. This fee defrays the entire cost of operation of the Rent Board. This fee is billed to the landlord each year on the property tax statement sent in November, but the law permits landlords to collect a portion of the Rent Board fee from those tenants in occupancy as of November 1 of each year. A landlord is allowed to collect 50% of the cost of the fee from the tenant. If you have not collected Rent Board fees in the past, you can collect back to 1999. ALLOWABLE RENT BOARD FEE COLLECTABLE FROM TENANTS 2021-2022
$29.50
CAPITAL IMPROVEMENTS
SFAA’S
TENANT SCREENING SERVICE
The capital improvement interest rates for 3/1/21 through 2/28/22 are listed below:
THROUGH INTELLIRENT STEP 1:
Create a free account at sfaa. myintellirent.com/agent-signup. STEP 2:
Invite an applicant to apply via an online application customized to SFAA’s criteria. You can also publish your available rental on Intellirent across mulitple ILSs. RATES
Intellirent is your free, online rental application and property marketing tool, partnered with Transunion to instantly return complete credit reports and nationwide eviction notices. Renters pay the $40 application fee, which covers your costs. For more information, simply create your free account or go to sfaa.org and choose the “Resources” tab. Then select “Tenant Screening.” Please note that the maximum you can charge a tenant for screening services is $49.12.
AMORTIZATION
INT. RATE
MULTIPLIER
7 YEARS
0.8%
.01225
10 YEARS
1.0%
.00876
15 YEARS
1.2%
.00607
20 YEARS
1.4%
.00478
INTEREST ON DEPOSITS Deposits include all tenant monies that the owner holds, regardless of what they are called. At the landlord’s option, the payment may be made directly to the tenant or by allowing the tenant to deduct the amount of interest due from the rental payment. INTEREST ON DEPOSITS PERIOD
AMOUNT
03/01/21 - 02/28/22
0.6%
03/01/20 - 02/28/21
2.2%
03/01/19 - 02/29/20
2.2%
03/01/18 - 02/28/19
1.2%
03/01/17 - 02/28/18
0.6%
2020-2021
$25.00
2019-2020
$25.00
2018-2019
$22.50
2017-2018
$22.50
2016-2017
$20.00
2015-2016
$18.50
03/01/16 - 02/28/17
0.2%
$18.00
03/01/15 - 02/29/16
0.1%
03/01/14 - 02/28/15
0.3%
03/01/13 - 02/28/14
0.4%
03/01/12 - 02/28/13
0.4%
03/01/11 - 02/29/12
0.4%
03/01/10 - 02/28/11
0.9%
03/01/09 - 02/28/10
3.1%
03/01/08 - 02/28/09
5.2%
2014-2015 2013-2014
$14.50
2012-2013
$14.50
CONTACT INTELLIRENT FOR MORE INFORMATION:
415-849-4400
2011-2012
$14.50
2010-2011
$14.50
2009-2010
$14.50
2008-2009
$14.50
2007-2008
$13.00
03/01/07 - 02/29/08
5.2%
2006-2007
$11.00
03/01/06 - 02/28/07
3.7%
2005-2006
$10.00
2004-2005
$11.00
2003-2004
$21.50
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
ALLOWABLE RENT INCREASES
2022 – 2023: 2.3%
Effective March 1, 2022, through February 28, 2023, the allowable annual rent increase is 2.3 %. This amount is based on 60% of the increase in the Consumer Price Index for all urban consumers in the Bay Area. A history of all allowable increases and their effective periods is provided. ALLOWABLE RENT INCREASES PERIOD
AMOUNT
03/01/22 - 02/28/23
2.3%
03/01/21 - 02/28/22
.7%
03/01/20 - 02/28/21
1.8%
03/01/19 - 02/29/20
2.6%
03/01/18 - 02/28/19
1.6%
03/01/17 - 02/28/18
2.2%
03/01/16 - 02/29/17
1.6%
03/01/15 - 02/29/16
1.9%
03/01/14 - 02/28/15
1.0%
03/01/13 - 02/28/14
1.9%
03/01/12 - 02/28/13
1.9%
03/01/11 - 02/29/12
0.5%
03/01/10 - 02/28/11
0.1%
03/01/09 - 02/28/10
2.2%
03/01/08 - 02/28/09
2.0%
03/01/07 - 02/29/08
1.5%
03/01/06 - 02/28/07
1.7%
SAN FRANCISCO RENT BOARD 25 Van Ness Avenue #320 San Francisco, CA 94102 415-252-4600 www.sfgov.org/rentboard
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
& information SF APARTMENT MAGAZINE | MARCH 2022
51
SFAA Professional Services Directory
1031 TAX DEFERRED EXCHANGE SERVICES
LAWYERS EQUITY EXCHANGE Brian Fogarty 415-701-1234 www.lex1031.com SEQUENT Eric Scaff (415) 834-1031 sequent-rewm.com escaff@sequent-rewm.com
ACCOUNTANTS
SHWIFF, LEVY & POLO LLP Elizabeth Shwiff 415-291-8600 x232 www.slpconsults.com
ALARM COMPANY
AEC ALARMS Stephanie Chen 408-298-8888 Ext: 121 sc36@aec-alarms.com
ARCHITECTURE
OPENSCOPE STUDIO ARCHITECTS Mark Hogan 415-891-0954 www.openscopestudio.com Q ARCHITECTURE Dawn Ma www.que-arch.com
415-695-2700
ASSOCIATIONS
PROFESSIONAL PROPERTY MANAGEMENT ASSOCIATION Renee A. Engelen www.ppmaofsf.org renee@hrhrealestate.com
ATTORNEYS
415-861-8800
ILENE M. HOCHSTEIN, ATTORNEY AT LAW Ilene Hochstein (650) 877-8288 ilene@hochsteinlaw.net KAUFMAN, DOLOWICH, VOLUCK Ashley Klein 415-926-7612 aklein@kdvlaw.com LAW OFFICES OF FRANCISCO GUTIERREZ Francisco Gutierrez 415-805-6508 francisco@gtzlegal.com LAW OFFICE OF MICHAEL HEATH Michael Heath 415-931-4207 Mheath_law@sbcglobal.net LAW OFFICES OF DENISE A. LEADBETTER Denise Leadbetter 415-713-8680 www.leadbetterlaw.com LAW OFFICES OF SCOTT T. OKAMOTO Scott T. Okamoto 415-766-5871 www.scottokamotolaw.com LAW OFFICES OF DANIEL PICCININI Daniel Piccinini 415-345-8610 danielpiccinini@att.net LAW OFFICE OF JULIANA E. PISANI Juliana Pisani 415-800-7562 Juliana@jpisanilaw.com LAW OFFICES OF LAWRENCE M. SCANCARELLI Lawrence M. Scancarelli 415-398-1644 www.sfrealestatelaw.com THE LAW OFFICE OF ED SINGER Edward Singer 650-393-5862 www.edsinger.net
BARTH CALDERON, LLP Paul Hitchcock Paul@barthattorneys.com
415-577-4685
LAW OFFICE OF KEVIN P. GREENQUIST Kevin Greenquist 415-977-0444x234 www.ztalaw.com
BORNSTEIN LAW Daniel Bornstein, Esq. www.bornstein.law
415-409-7611
MASTROMONACO REAL PROPERTY LAW GROUP Leonard Mastromonaco 415-354-2702 len@mastrolawgroup.com
DOWLING & MARQUEZ, LLP Jak S. Marquez 415-977-0444 x232 www.dowlingmarquez.com FRANK KIM ESQ., EVICTION ASSISTANCE Jo Biel 415-752-6070 KIMBALL, TIREY & ST. JOHN LLP Kelli Dodson 800-525-1690 kelli.dodson@kts-law.com www.kts-law.com FRIED & WILLIAMS LLP Clifford E. Fried www.friedwilliams.com
415-421-0100
HAAS NAJARIAN LLP Eric Murphy (415) 788-6330 emurphy@hnattorneys.com
52
HERZIG & BERLESE Barbara Herzig bherzig@hbcondolaw.com
MARCH 2022 | SF APARTMENT MAGAZINE
MCLAUGHLIN SANCHEZ, LLP Michael McLaughlin 415-655-9753 www.msllp.law MILLAR AND ASSOCIATES, APLC James Millar 415-981-8100 x101 Millar-law.com NIVEN & SMITH Leo M. LaRocca leo@nivensmith.com
415-981-5451
REUBEN, JUNIUS & ROSE, LLP Kevin Rose 415-567-9000 www.reubenlaw.com
STEVEN ADAIR MACDONALD & ASSOCIATES, PC Steven Adair MacDonald (415) 956-6488 www.samlaw.net sam@samlaw.net WASSERMAN Dave Wasserman 415-567-9600 Dave@wassermanoffices.com www.davewassermansf.com WIEGEL LAW GROUP Andrew J. Wiegel www.wiegellawgroup.com
415-552-8230
ZACKS, FREEDMAN & PATTERSON, P.C. Andrew M. Zacks 415-956-8100 www.zfplaw.com ZANGHI TORRES ARSHAWSKY, LLP John P. Zanghi 415-977-0444 www.zatlaw.com
BEDBUG DETECTION
CROWN & SHIELD PEST SOLUTIONS-PREMIER Aurora Garcia-Vidaca 415-893-9551 www.crownandshieldpestsolutions.com PREMIER CANINE DETECTION Jordan Garcia 415-612-6645 www.premiercaninedectection.com
CLEANING SERVICES
OPTIMUS BUILDING SERVICES Claudia Giraldo 650-290-4607 optimusbuildingservices.com
COMMERCIAL/RETAIL LEASING SERVICES BLATTEIS REALTY CO. David Blastteis www.sfretail.net
415-981-2844
CONSULTANTS: PERMITS & PLANNING
EDRINGTON AND ASSOCIATES Steven Edrington 510-749-4880 steve@edringtonandassociates.com
CORPORATE RENTALS AMSI Robb Fleischer www.amsires.com
415-447-2020
GOROVERGO Laura Ericson 832-977-6830 laura.ericson@echemail.com www.gorovergo.com
CREDIT REPORTING
INTELLIRENT Cassandra Joachim www.myintellirent.com
415-849-4400
DRAIN SERVICES
INTERNET SERVICES PROVIDERS
PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
COMCAST/XFINITY Michael Juliano www.xfinity.com
ENVIRONMENTAL CONSULTING
LENDING / FINANCIAL SERVICES
P.W. STEPHENS ENVIRONMENTAL Sheri Buenz 510-651-9506 sherib@pwsei.com
FIRE ESCAPE INSPECTION & MAINTENANCE ESCAPE ARTISTS Jabal Engelhard www.sfescapeartists.com
415-279-6113
GREAT ESCAPE SERVICES Rich Henderson 415-566-1479 www.greatescapeservice.com
FIRE PROTECTION CONTRACTORS AEC ALARMS
408-298-8888 Ext: 121 SFfire@aec-alarms.com BATTALION ONE FIRE PROTECTION Tim Morse 510-653-8075 www.battaliononefire.com COMMERCIAL FIRE PROTECTION, INC. Laine Sims 925-300-9534 www.fireprotected.com EMERGENCY SYSTEMS, INC. Eric Hagerman (415) 564-0400 esmfire@earthlink.net MAZZY’S FIRE PROTECTION Scott Mazzarella 415-665-5553 www.mazzysfire.com PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
GARBAGE COLLECTION SERVICES
RECOLOGY GOLDEN GATE RECYCLING Minna Tao 415-575-2423 recologysf.com RECOLOGY SUNSET SCAVENGER Dan Negron 415-330-2911 recologysf.com
INSURANCE COMPANIES
ARM MULTI INSURANCE SERVICES Lisa Isom 866-913-6293 www.arm-i.com BARBARY INSURANCE BROKERAGE Gerald Becerra 415-788-4700 www.barbaryinsurance.com COMMERCIAL COVERAGE INSURANCE AGENCY Paul Tradelius 415-436-9800 www.comcov.com GORDON ASSOCIATES INSURANCE SERVICES Dave Gordon, CLU 650-654-5555x6972 David.gordon@gordoninsurance.com
925-495-9922
FIRST FOUNDATION BANK Michelle Li www.ff-inc.com
415-794-2176
LENDING / FULL SERVICE BANKS
LUTHER BURBANK SAVINGS Gabriel Basso 510-601-2400 www.lutherburbanksavings.com
LENDING / INSTITUTIONS
CHASE APARTMENT LENDING Andre C. Ferrigno 415-644-2171 CHASE COMMERCIAL TERM LENDING Sharon Groenendyk 415-315-8464 www.chase.com/commercialbanking CHASE COMMERCIAL LENDING Ingrid Marlow 650-737-6212
LOCKSMITHS
CROWN LOCK & HARDWARE Joe Schoepp 415-221-9086 WARMAN SECURITY Peter Badertscher www.warmansecurity.com
415-775-8513
MAINTENANCE REPAIR SERVICE
PETERS PAINTING SERVICES Peter Pantazelos 415-647-4722 www.peterspainting.com TARA PRO PAINTING INC. Brian Layden www.tarapropainting.com
415-334-3277
PAINTING SUPPLIES
DUNN-EDWARDS PAINTS Daniela Franco 415-656-9951 daniela.franco@dunnedwards.com
PEST CONTROL
ATCO PEST & TERMITE CONTROL & HOME RESTORATION Richard Estrada 415-898-2282 www.atcopestcontrol.com CROWN & SHIELD PEST SOLUTIONS-PREMIER Aurora Garcia-Vidaca 415-893-9551 www.crownandshieldpestsolutions.com THERMAL SOLUTIONS Jeremy Bedford (925) 381-6426 office@thermalsolutionspc.com
PLUMBING & HEATING
C.R. REICHEL ENGINEERING CO. INC. Tim Lordier 415-431-7100 www.crreichel.com PRIBUSS ENGINEERING, INC. Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com R & L Plumbing R & L PLUMBING Larry Bustillos 415- 651-4977 larry@rl.plumbing www.rlplumbingsanfrancisco.com
MAVEN MAINTENANCE, INC. Craig Lipton 415-829-2207 www.mavenmaintenance.com
URGENT ROOTER AND PLUMBING INC. Albert Lee 415-387-8163 urgentrtr@sbcglobal.net
WEST COAST PROPERTY MANAGEMENT Joseph Keng 415-885-6970 ext. 101 www.wcpm.com
PROJECT MANAGEMENT
MEDIATION
THE BAR ASSOCIATION OF SAN FRANCISCO CONFLICT INTERVENTION SERVICE Scott Goering 415-782-8940 sgoering@sfbar.org
ONLINE PAYMENT SERVICES IMANAGE RENTS Hatef Maoghimi hatef@imanagerent.com wwwimanagerent.com ROOST Chanin Balance chanin@joinroost.com
415-547-0049
(503) 888-2528
PAINTING CONTRACTORS KRUITPAINTING, INC. Pieter Kruit www.kruitpainting.com
415-254-7818
PAC WEST PAINTING INC. Brian Beaulieu 415-457-0724 www.pacwestpaintinginc.com
CREATIVE WEALTH CAPITAL MichaelGallin mike@creativewealthcapital.com
PROPERTY MANAGEMENT
ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com ALEXANDERSON PROPERTIES Eric Alexanderson 415-285-3737 www.alexandersonproperties.com AMORE REAL ESTATE, INC Jerry Hsieh 415-567-4800 www.amoresf.com AYS MANAGEMENT Kevin Newsome 510-708-0165 ayspropertymanager@gmail.com BEAM PROPERTIES, INC. Darius Chan darius@sfbeam.com
415-254-8679
BORN PROPERTY MANAGEMENT Jason Born 650-271-7048 x 111 Jason@bornpm.com
SF APARTMENT MAGAZINE | MARCH 2022
53
BERENDT PROPERTIES Craig Berendt craig.berendt@gmail.com
415-608-3050
EBALDC Felicia Scruggs FScruggs@ebaldc.org
510-287-5353
GREENTREE PROPERTY MANAGEMENT Scott Moore 415-828-8757 www.greentreepmco.com
BROOKFIELD PROPERTY GROUPPRESIDIO LANDMARK Jon King 855-327-5376 jon.king@brookfieldproperties.com
EMBC Nancy Wong www.ebmc.com nancywong@ebmc.com
CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com
EQUITY ONE Brenda M. Obra www.equity1sf.com
CREATIVE WEALTH CAPTIAL Michael Gallin 415-779-6241 mike@creativewealthcapital.com
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com
HOGAN & VEST INC. Simon Wong hoganvest.com
DEWOLF REALTY CO. INC. William A. Talmage www.dewolfsf.com
GEORGE GOODWIN REALTY, INC. Chris Galassi 415-681-1265 www.goodwin-realty.com
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
415-221-2032
(707) 584-5123
415-441-1200
property management The following members are SFAA Property Management Members. They fully support the organization and are dedicated to SFAA’s goals. For more information about the benefits of becoming a Property Management Member, contact Maria Shea at maria@sfaa.org or 415-255-2288 x 10. ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com
PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net
AMERICAN MARKETING SYSTEMS INC. Robb Fleischer 415-447-2020 www.amsires.com
PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com
CECCHINI REALTY CO. Dante Cecchini, CCRM www.cecchinirealty.com
PROGRESSIVE PROPERTY GROUP Dace Dislere & Joe Gillach 415-515-4329
415-550-8855
CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com DEWOLF William Talmage www.dewolfsf.com
415-221-2032
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com GREENTREE PROPERTY MANAGEMENT 415-828-8757 www.greentreepmco.com HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com J. WAVRO PROPERTY MANAGEMENT James Wavro 415-509-3456 LINGSCH REALTY Natalie M. Drees www.lingschrealty.com
54
415-648-1516
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net
GORDON CLIFFORD PROPERTIES, INC. Patrick Clifford 415-613-7694 patrick@gcpropertiessf.com 415-421-7116
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 JD MANAGEMENT GROUP, INC. Jonathan Davis 510-387-7792 jonathan.davis@jdmginc.com LINGSCH REALTY Natalie M. Dress www.lingschrealty.com
415-648-1516
MERIDIAN MANAGEMENT GROUP Randall Chapman 415-434-9700 www.mmgprop.com MYND MANAGEMENT, INC. Stacy Winship 510-306-4440 www.mynd.co NEW GENERATION INVESTMENTS Jonathan Ng 415-735-8233 jtng.ngi@gmail.com
REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com
OPEN WORLD PROPERTIES Jonathan Daryl Fleming 510-250-0946 jonathan@openworldproperties.com www.Openworldproperties.Com
S&L REALTY Robert Link www.slrealty-sf.com
415-386-3111
PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
PILLAR CAPITAL REAL ESTATE Jonathan Ng (415) 885-9584
SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.sutroproperties.com VERTEX PROPERTY GROUP Craig Berendt 415-608-3050 vertexsf.com WEST & PRASZKER REALTORS Michael Klestoff 415-661-5300 www.wprealtors.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com
members MARCH 2022 | SF APARTMENT MAGAZINE
GM GREEN REAL ESTATE INC. George Green 415-608-6485 ggreen@gmgreen.com www.gmgreen.com
jonathan@thepillarcapital.com PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com PRIME METROPOLIS PROPERTIES, INC. Tom Chan 415-731-0303 tomchan@pmp1988.com PROGRESSIVE PROPERTY GROUP Dace Dislere 415-794-9727 www.progressivesf.com PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen, Broker, CCRM, MPM®, RMP® 415-661-3860 www.propertymanagementsystems.net RAMSEY PROPERTIES Brian E. Ramsey 415-474-5175 Brian@RamseyPropertiesSF.com
REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com ROCKAWAY RESIDENTIAL MANAGEMENT Kristine Abbey 650-290-3084 www.rockawayresidential.com ROCKWELL PROPERTIES Mark Kaplan 415-398-2400 propertymanagement@rockwellproperties.com RNB PROPERTY MANAGEMENT GOLDEN GATE Kaveh Gorgani 415-413-3827 kaveh@rnbemail.com www.rnbgoldengate.com SAN FRANCISCO RENTAL CONCIERGE Danielle Mahoney 415-532-0041 danielle@sfrentalconcierge.com www.sfrentalconcierge.com SHARVEST PROPERTY MANAGEMENT, LLC Timothy D. Gilmartin 650-347-2020 tim@thegilmartins.com SIGNATURE REALTY PROPERTY MANAGEMENT Paul Montalvo 650-364-3167 paul@paulmontalvo.com SIERRA PROPERTY PROFESSIONALS Sonali Herrera sierrappinc@gmail.com SKYLINE PMG, INC. Nicholas Bowers 415-968-9903 Nicholas@skylinepmg.com STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.SutroProperties.com THRIVE PROPERTY MANAGEMENT, INC. Giovani Franco 650-296-3880 www.thrivecommunities.com W. PROPERTY MANAGEMENT Gary Petrison 707-545-6187 gary@wpropertymanagement.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com WEST & PRASZKER REALTORS Michael Klestoff 415-699-3266 www.wprealtors.com WOOD PARTNERS Melissa Rankin 628-251-1101 melissa.rankin@woodpartners.com YMPG Yelena Gelzer 415-260-6325 yglezer@ympg-management.com
PROPERTY MANAGEMENT SOFTWARE
APPFOLIO Mindy Sorenson 805-364-6098 mindy.sorenson@appfolio.com HEMLANE, INC. Dana Dunford dana@hemlane.com
385-355-4361
YARDI Kelly Krier kelly.krier@yardi.com
805-699-2040
REAL ESTATE APPRAISALS MARK WATTS COMMERCIAL APPRAISAL Mark Watts 415-990-0025 www.markwattscommercialappraisal.com HARPER & ASSOCIATES Jay Harper jharpsf@att.net
415-647-9243
REAL ESTATE BROKERS & AGENTS
ALAIN PINEL INVESTMENT GROUP Mirella Webb 415-814-6699 mwebb@apr.com BERKSHIRE HATHAWAY FRANCISCAN PROPERTIES Edward Milestone 415-994-5969 MilestoneRealEstateSF@gmail.com BIG TREE PROPERTIES Evan Matteo 415-305-4931 evan@bigtreeproperties.com COLDWELL BANKER COMMERCIAL NRT Steven Caravelli 415-229-1367 steven.caravelli@cbnorcal.com COLLIERS INTERNATIONAL- JAMES DEVINCENTI James Devincenti 415-288-7848 www.THEDLTEAM.com COLLIERS INTERNATIONAL Payam Nejad 415-288-7872 www.colliers.com/payam.nejad COMPASS COMMERCIAL BROKERAGE John Antonini 415-794-9510 john@antoninisf.com COMPASS COMMERCIAL BROKERAGE Chris J. Connor chris.oconnor@compass.com COMPASS COMMERCIAL BROKERAGE Adam Filly 415-516-9843 adam@adamfilly.com COMPASS COMMERCIAL BROKERAGE John Kirkpatrick (425) 412-0559 john.kirkpatrick@compass.com www.johnkirkpatrick.com COMPASS COMMERCIAL BROKERAGE Jay Greenberg (415) 378-6755 jay@jayhgreenberg.com CORCORAN GLOBAL LIVING COMMERCIAL Terrence Jones 415-786-2216 terrence@terrencejonesSF.com www.terrencejones.com EXP COMMERICAL Jeremy Williams 415-932-9846 jeremy@jeremywilliams.com www.sfcommercialrealty.com FERRIGNO REAL ESTATE Chris Ferrigno 415-641-0661 www.ferrignorealestate.com HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com ICON REAL ESTATE INC. Jason Quashnofsky jason@iconsf.com
(415) 370-7077
KILBY STENKAMP-VANGUARD PROPERTIES Kilby Stenkamp 415-370-7582 LESLIE BURNLEY Leslie Burnley
415-717-8709
leslie.j.burnley@gmail.com leslieburnley.com MARCUS & MILLICHAP Sanford Skeie 415-625-2153 www.marcusmillichap.com MORGAN REAL ESTATE ADVISORS, INC. Laurence Morgan 415-300-6503 laurence@morganrealestateadvisor.com www.morganrealestateadvisor.com NEWMARK KNIGHT FRANK Matthew C. Sheridan 415-273-2179 aptgroupsf.com S&L REALTY Robert Link www.slrealty-sf.com
415-386-3111
STEELE PROPERTIES Ryan Steele 415-881-7762 www.steeleproperties.com W. REAL ESTATE Tim Mueller 415-961-6531 timothymueller@hotmail.com WEST & PRASZKER REALTORS Michael Klestoff 415-312-2245 klestoffmre@aol.com VANGUARD COMMERCIAL Allison Chapleau 415-516-0648 allison@allisonchapleau.com www.allisonchapleau.com ZEPHYR REAL ESTATE Dawn Cusulos 415-678-8854 dawncusulos@zephyrre.com
REAL ESTATE INVESTMENTS COMPASS COMMERCIAL BROKERAGE Trigg Splenda 415-593-8616
MARCUS MILLICHAP Clinton C. Textor III 415-425-9123 www.marcusmillichap.com
REFINISHING / RESURFACING SERVICE
MIRACLE METHOD OF SAN FRANCISCO Claire Gray 415-673-4211 www.miraclemethod.com
RENT BOARD PETITIONS
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net REAL MANAGEMENT COMPANY Melinda Greene 415-230-8895 www.RMCsf.com RENT BOARD PASSTHROUGHS Kim Boyd Bermingham 415-333-8005 www.rentboardpass.com
RENTAL LISTING SERVICES APARTMENT LIST Alex Mashburn 678-467-0411 amashburn@apartmentlist.com COSTAR Aj Herlitz www.costargroup.com aherlitz@costar.com
(844) 459-1495
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
SF APARTMENT MAGAZINE | MARCH 2022
55
sfaa sfaa 2022 membership application
Thank you for joining the San Francisco Apartment Association. SFAA is dedicated to educating, advocating for and supporting the Rental Housing Community so that its members operate ethically, fairly and profitably. Please consult a tax preparer in advance to determine deductibility for your tax situation. Membership fees are subject to change. MEMBERSHIP LEVEL & COST
Units
Base Fee
Units Fee
$425 +
$7 per unit =
23 +
$380 +
$9 per unit =
TOTAL UNIT AMOUNT:
TOTAL AMOUNT:
Units
Base Fee
Unit Fee
1-22
$525 +
$4.50 per unit =
23 +
$480 +
$6.50 per unit =
RELISTO Eric Baird www.relisto.com eric@relisto.com
Contact Person Company/Title Address Zip
Mobile Phone Email Address
Website PAYMENT METHOD Amex
MC
GORDON CLIFFORD PROPERTIES, INC. PatrickClifford 415-613-7694 patrick@gcpropertiessf.com
LINGSCH REALTY Natalie M. Drees www.lingschrealty.com
CONTACT INFORMATION
Check
BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com
415-509-3456
KENNEY AND EVEREST REAL ESTATE, INC. Maureen Kenney 415-929-0717 maureen@kenneyrealestate.com
ASSOCIATE MEMBER DUES: $499
State
RESIDENTIAL LEASING
J. WAVRO ASSOCIATES James Wavro www.jwavro.com
TOTAL AMOUNT:
City
949-702-1508
HRH REAL ESTATE SERVICES CORPORATION Renee A. Engelen (415) 810-6020 www.hrhrealestate.com
MANAGEMENT COMPANY DUES
TOTAL UNIT AMOUNT:
ZUMPER, INC. Connor Hodges connor@zumper.com www.zumper.com
HAMILTON FAMILY CENTER Mayo Lunt 510-763-8540 x230 www.hamiltonfamiles.org
REGULAR MEMBER DUES
1-22
REALPAGE Stacey Blackwell 972-820-3015 stacey.blackwell@realpage.com www.realpage.com
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
415-648-1516
415-236-6116, x101
RENTALS IN S.F. Jackie Tom www.rentalsinsf.com
415-409-3263
RENTSFNOW Claussen kclaussen@veritasinv.com
415-762-0213
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
SECURITY
ADT SECURITY MULTIFAMILY Jeanette Mendez (817) 776-0301 jjmendez@adt.com TRKA AMERICAS Isabella Restrepo irestrepo@trakausa.com
407-735-1728
SECURITY DEPOSIT ALTERNATIVES THE GUARANTORS Jules Thetford jules@theguarantors.com
214-403-2792
SEISMIC RETROFIT & STRUCTURAL ENGINEERING
San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
56
MARCH 2022 | SF APARTMENT MAGAZINE
THE GUARANTORS Jules Thetford jules@theguarantors.com
214-403-2792
BAI CONSTRUCTION Behnam Afshar 510-595-1994, x101 www.baiconstruction.com
W. CHARLES PERRY Charles Perry www.wcharlesperry.com
650-638-9546
WEST COAST PREMIER CONSTRUCTION, INC. Homy Sikaroudi, PhD, PE 510-271-0950 www.wcpc-inc.com
SUBMETERS
LIVABLE Daniel Sharabi www.livable.com
415-937-7283
TENANT PLACEMENT & LISTING
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
WATER CONSERVATION SERVICE
SF PUBLIC UTILITIES COMMISSION Chandra Johnson 415-554-0704 www.conserve.sfwater.org
WATER DAMAGE SERVICE
FIRE AND WATER DAMAGE RECOVERY Maria Neumann 800-886-1801 www.waterdamagerecovery.net
WATERPROOFING
KELLEY PAINTING AND WATERPROOFING Mitchell Kelley 415-847-7883 www.kelleypaintingandwaterproofing.com
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PROPERTY MANAGEMENT SOFTWARE
31 46 59 58 10 47 64 32 57 10 65 40 64
Yardi Breeze
68 45
47 46 12 6 62 19
REAL ESTATE BROKERS
Amore Real Estate 65 Coldwell Banker Commercial / McGue 13 Coldwell Banker Commercial / Caravelli 43 Colliers / Devincenti 2 Compass / Antonini 67 Compass / Bonn & Webb 17 Compass / Filly 11 Compass / Greenberg & Splenda 3 Compass / Pugh 41 Corcoran / The Jones Team 15 EXP Realty / Williams 37 HRH Real Estate 62 Kay Properties 39 Marcus & Millichap 26-27 Newmark / Sheridan 33 Vanguard Commercial / Chapleau 9 Vanguard Properties / Stack 32 UTILITIES BILLING SERVICES
Livable 32
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Gaetani Real Estate, Inc. Maven Maintenance
Real Management Company Rentals in SF Structure Properties Vertex Properties West Coast Property Management
59
Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by SFAA, express or implied, of the advertiser or any goods or services offered. Advertisers in red are Associate Members of SFAA.
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415.775.8513 SF APARTMENT MAGAZINE | MARCH 2022
57
Rent Board Redux… continued from page 18
housing services. The ALJ held that: the rent increase notice effective September 1, 2020 was not authorized by Section 1.21 because it was improperly served before the landlord’s petition was filed;
Founded 35 years ago, Kaufman, Dolowich & Voluck is an internationally recognized litigation firm, meeting the diverse demands of our clients. The Bay Area’s complicated and fast-moving real estate industry presents property owners with exceptional opportunities and challenges. KDV’s real estate practice provides a full spectrum of services, allowing clients to rely on one firm for all of their real estate needs.
that no increase was otherwise permitted under Section 1.21 because the tenant continues to occupy the unit as a principal place of residence; that the September 1, 2020 rent increase was not authorized by Costa Hawkins because no subtenant occupied the unit; and that the property owner is liable for rent reductions in the amount of $2,600.00 for loss of a parking space that was included in the tenant’s
Ashley E. Klein
initial base rent.
Managing Partner of San Francisco Office Co-Chair of Real Estate Practice Group
On appeal, the property owner maintains
Ashley E. Klein represents clients ranging from real estate investment trusts, homeowners in wrongful eviction defense, unlawful detainer, and property management matters. She counsels Bay Area homeowners about their rights and options under the SF Rent Ordinance, statewide rent control regulations and the Costa-Hawkins Rental Housing Act.
a separate property, which is where the
Landlord-Tenant Disputes
A. Jeanne Grove
Managing Partner of Sonoma Office Co-Chair of Real Estate Practice Group HOA Disputes
A. Jeanne Grove focuses her practice on real estate and business litigation, including HOA and co-ownership issues, purchase/sale disputes and nondisclosure claims, and boundary, title, development, and construction matters. She has 15 years of experience in mediation and arbitration, as well as all phases of civil litigation, from the pleading stage to trial and post-trial proceedings.
Laura L. Campbell Attorney
Land Use Disputes Laura L. Campbell has extensive experience in landlordtenant litigation. She represents clients in breach of contract matters, quiet title actions, unlawful detainer lawsuits, tenant buy-out negotiations, and property management resolutions. She specializes in SF Rent Board matters, and routinely handles lot splits, mergers public hearings, zoning issues and ADU permitting.
that the ALJ ignored the evidence that the tenant claims a homestead exemption on tenant actually resides, and that the ALJ misconstrued the circumstances surrounding the tenant’s use of the parking space in the back of the building. Decision: To deny the appeal (5-0).
Rent Board Updates Acting Executive Director Varner told the Board that the Rent Board office remains open Monday through Friday with counseling available in-person or by phone, and staff continue to work a hybrid in-office/remote schedule following City policy. Staff are also continuing to work with the architecture division of Public Works for the the planned relocation of the Rent Board’s offices to the 6th and 7th floors of the existing building, and that several recruitments are currently underway for various open positions. Acting Director Varner thanked Rent Board staff for their work during the recent Rent Board fee exemptions period,
San Francisco, CA Office 425 California Street, Suite 2100 • San Francisco, CA 94104 (415) 926-7600 • aklein@kdvlaw.com Sonoma, CA Office 19327 Sonoma Highway, Suite 100 • Sonoma, CA 95476 (707) 509-5260 • jgrove@kdvlaw.com • lcampbell@kdvlaw.com
which she described as a major transition in the Rent Board’s history. She stated that everyone on staff has been working very hard during this time, and that the counseling staff in particular have answered hundreds of calls from the public regarding the new Rent Board fee process. She
58
MARCH 2022 | SF APARTMENT MAGAZINE
If Only Your ADU Could Bill Itself... Now it can! Join Livable and never worry about pro-rata utility billing again. Go to: www.livable.com/SFAA to Learn More!
SF APARTMENT MAGAZINE | MARCH 2022
59
sfaa sfaa 2022 What You Need to Know
stated that staff will be receiving assistance from 311 for phone calls concerning the fee in the near future.
Rental Housing Inventory Legislation Implementation Commissioner David Wasserman began the discussion by stating that some members of the housing industry would like to be involved in implementation of the Housing Inventory legislation, and
2022 SFAA UPDATES
that they would invite equal participation from tenant groups. He said that property management companies are concerned
VIRTUAL MEMBER MEETINGS WEDNESDAY, MARCH 16 9:00 A.M. WEDNESDAY, APRIL 20 9:00 A.M.
with how the registration process will work, and whether it will be possible to report data for multiple units simultaneously. He also said that some members of the housing industry would like to meet with Rent Board staff regarding the Housing Inventory to express their needs and concerns before the first deadline in July of 2022.
UPCOMING CLASSES
Acting Executive Director Varner said that
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 50.
technology vendor to develop the online
she has been working with the Rent Board’s portal and that there is flexibility in design, which should allow some of these concerns to be addressed. Commissioner Wasserman said that larger
SFAA OFFICE CLOSURE
housing providers simply wanted to make
While the SFAA office remains closed to the public, staff is working round-the-clock to keep the nonprofit running. Timely payment of membership dues is necessary to help the association help you. Email MemberQuestions@sfaa.org to have your questions and concerns promptly addressed.
implementation process to minimize prob-
sure they had a seat at the table during the lems with compliance. To learn more about the San Francisco Rent Board, call 415-252-4602 or go to sfrb.org.
Go Online! San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
60
MARCH 2022 | SF APARTMENT MAGAZINE
Find more information on SFAA classes, apartment industry news & excerpts from SF Apartment Magazine at www.sfaa.org
ABCs of 721 Exchanges… continued from page
Prevent Fires.
exchange for all assets besides real estate, and in the past year, legislative proposals have been made to further limit eligibility for 1031 exchanges. Proposed changes to Section 1031 are nothing new and will likely continue in the future. The 721 Transaction may be an attractive alternative to investors concerned about the prospect of restrictions on 1031 exchanges. The information in this article is for informational purposes only, does not constitute as individual investment advice, and should not be relied upon as tax or legal advice nor does this informational material constitute an offer to purchase or sell securitized real estate investments. Please consult the appropriate professional regarding your individual circumstance. IRC Section 1031, IRC Section 1033 and IRC Section 721 are complex tax concepts, therefore you should consult your legal or tax professional regarding the specifics of
Tape and Bag Lithium Batteries
your particular situation. Because investor situations and objectives
What should you do with old lithium batteries? A big part
vary this information is not intended to in-
of the answer is clear tape. Old lithium batteries may no
dicate suitability for any individual investor.
longer have the power to run devices, but they can still
There are material risks associated with
release energy though their contact points. Lithium bat-
investing in DST properties and real estate
teries that are not taped can cause fires in collection
securities including liquidity, tenant vacancies, general market conditions and com-
trucks and recycling facilities, and harm workers.
petition, lack of operating history, interest rate risks, the risk of new supply coming to market and softening rental rates, general
•
Place clear tape over the contact points of used lithium batteries.
•
Put taped lithium batteries in a clear plastic bag, and seal it shut.
•
Place the bag on top of your landfill bin. Recology will collect the bag, sort the batteries, and safely ship them to companies that specialize in battery recycling.
risks of owning/operating commercial and multifamily properties, short term leases associated with multi-family properties, financing risks, potential adverse tax consequences, general economic risks, development risks, long hold periods, and potential loss of the entire investment principal. Peter K. Fisher co-founder and principal at Sequent Real Estate + Wealth Management.
SF APARTMENT MAGAZINE | MARCH 2022
61
40 YEARS OF EFFECTIVE, HANDS ON EXPERIENCE!
Give 10 Get 10! Give us 10 minutes of your time, learn how we can increase your bottom line and get a Starbucks gift card on Us!
Renee A. Engelen, DRE 01879547
(415) 810-6020 INFO@HRHREALESTATE.COM
62
MARCH 2022 | SF APARTMENT MAGAZINE
PROVEN EXPERTISE IN: PROPERTY MANAGEMENT PROPERTY LEASING SALES & ACQUISITIONS CONSULTING PROJECT MANAGEMENT CONTRACT NEGOTIATIONS
PRESIDENT Professional Property Managers Association of San Francisco
sfaa’s Roommate & Tenancy During COVID-19 Understanding Costa-Hawkins, Replacement Roommates, New Occupants, and How to Assert Your Rights When Non-Leaseholders Occupy Your Apartment Buildings. This subtenant, roommate, and additional occupancy course addresses commonplace situations when the persons you originally leased to bring in new roommates, vacate the apartment yet leave people behind, submit rent payments from unknown persons, get married/have children while living in the apartment, or otherwise decide to change the make-up of who is living in your building either with or without your knowledge and consent. Instructors: Dave Wasserman and Curtis Dowling, Dowling & Marquez LLP DATE & TIME:
Friday March 18, 2022 10:00am – 12:00pm COSTS:
Members: $45 Non-Members:$65
REGISTRATION:
Webinar: Once you complete registration you will be sent a separate link to register for the Zoom system. For more information, contact Stephanie Alonzo at 415.255.2288 x113 or stephanie@sfaa.org
sfaa’s 2022 Lunch & Learn
Setting Rental Rates Webinar LUNCH & LEARN SETTING RENTAL RATES WEBINAR
Confused about the current rental market? Worried your current rent is too much and don’t know what to do about it? Come learn on your lunch break about setting the rent. Topics like rent concessions and ancillary fees will also be covered. INSTRUCTOR
Michelle Horneff-Cohen of Property Management Systems DATE & TIME
Wednesday, March 2 12:00 p.m. – 1:00 p.m. COST
Members: $45 Nonmembers: $65
Once you complete registration you will be sent a separate link to register for the Webinar via Zoom. For more information, contact Stephanie Alonzo at 415.255.2288 x113 or stephanie@sfaa.org.
SF APARTMENT MAGAZINE | MARCH 2022
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Market View… continued from page 16
In 2020, the pandemic shut down our marketplace for a few months, and by midsummer, a couple of transaction made it across the finish line. At the same time, a mass exodus from the city began, and it was difficult for rental property owners and investors to focus on sales, because stabilizing operations was the priority. We worked our way through the dark days of 2020’s fourth quarter, and then we saw some light with the soft opening of some business as we entered 2021. We got to a slow start, but we saw positive momentum throughout the year. The stats above show big increases in dollar volume and transaction levels in 2021, coupled with single-digit percentage declines in value indicators. Meanwhile, rents in most neighborhoods rebounded as the city reopened. Today, many neighborhoods are back to pre-pandemic rent levels but a few areas are still struggling due to the City’s unresponsiveness to a growing homeless population, and a lack of law enforcement. Since 2019, the city’s population has declined by 2%. Populations dropped in almost every Bay Area County since the pandemic hit, and San Francisco saw the largest decline percentage-wise. While many left the city voluntarily, it is interesting to note that a natural decline in population took place during this time with a reduction in births and an increase in deaths. As mentioned above, rents have rebounded from pandemic lows and the biggest unknown factor facing future rent growth is if and when will people return to offices. There are many different opinions out there related to the future of office work versus remote work, and only time will tell what is going to happen on this front. Most experts agree that interest rate increases are coming, and a consensus expectation is that there will be three or four rate hikes by the Federal Reserve in 2022. Recently, the central bank strongly hinted that the first rate hike will happen in March, and the market is now pricing in as many as five increases this year alone. Rates already
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MARCH 2022 | SF APARTMENT MAGAZINE
ticked up a bit in January 2022, and this will ultimately effect values and the economy as we progress through the year. Fundamentals in the market have stabilized, and I expect this stability to continue throughout 2022, subject to the extent of government interference. Government at the local, state, and federal level is the biggest threat to our marketplace. On a local level, we have an ever-increasing homeless population and lack of law enforcement coupled with an obscene media narrative focused on demonizing landlords. A migration from the state continues as successful individuals and companies move to business- and tax-friendly states. At the federal level, the political parties do not resemble what they were a few years ago. Apartment owners are very knowledgeable about leverage and debt.
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They understand fiscal responsibility is necessary to succeed. Biden’s “Build Back Better” plan may prove to be a failure, and a costly one at that. Interest rates are rising, and our national debt is exploding.
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Burying our country with more debt that consumes more tax revenue will not help families. The rising debt and rising rates are a meteor hurling right at us and the government’s response is “don’t look up.” I believe in the hard-working people who create value and revenue for the government. The private sector will continue to carry the public sector and must push for a change in current policies. For additional information related to any data points and/or market news, please contact Jay Greenberg at jayhgreenberg@apr.com.
Be On Your A Game.
Many years of experience with property management companies and property owners.
Kruit Painting Inc. 415.254.7818 COMMERCIAL & RESIDENTIAL APARTMENT BUILDING SPECIALIST INTERIORS & EXTERIORS EXCELLENT REFERRALS FREE ESTIMATE
Sign up for SFAA classes at www.sfaa.org or by calling 415-255-2288.
87 Loomis St., San Francisco CA 94124 www.kruitpainting.com • License No. 846351
SF APARTMENT MAGAZINE | MARCH 2022
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2022 Winter Day 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
3/2/2022
2PM-5PM
$85.00
$100.00
PMR101
Renting the Property
3/9/2022
2PM-5PM
$85.00
$100.00
PMR102
Beginning and Maintaining the Tenancy
3/16/2022
2PM-5PM
$85.00
$100.00
PMR103
Renewal of Tenancy and Ending the Tenancy
3/23/2022
2PM-5PM
$85.00
$100.00
PMR104
Maintenance Management: Maintaining the Property
3/30/2022
2PM-5PM
$85.00
$100.00
PMR105
Liability & Risk Management
4/6/2022
2PM-5PM
$85.00
$100.00
PMR106
Budget Development and Implementation
4/13/2022
2PM-5PM
$85.00
$100.00
PMR107
Fair Housing: It’s the Law
4/20/2022
2PM-5PM
$85.00
$100.00
PMR108
Professional Skills for Supervisors
4/27/2022
2PM-5PM
$85.00
$100.00
EXAM
CCRM Final Exam
5/4/2022
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.113 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)
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caanet.org events@caanet.org
MARCH 2022 | •SF980 APARTMENT MAGAZINE 800.967.4222 Ninth Street, Suite 1430 • Sacramento, CA 95814
JOHN ANTONINI + DANIEL FOLEY MULTIFAMILY + MIXED-USE + ADD-VALUE "A ship is safe in the harbor, but that's not what ships are for." - John Shedd
FO R SA L E 2074-2078 Bush Street Classic Victorian located in Lower Pacific Heights Three Units, Two Vacant One block from Fillmore St + Japantown Well Maintained Original Charm
2301 Webster Street Six Unit Mixed-Use Building Pacific Heights Neighborhood Four Residential Units + Two Commercial Units One block from Fillmore Shopping & Restaurants 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
SF APARTMENT MAGAZINE | MARCH 2022
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.
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TO MOST PEOPLE, THIS IS JUST A SMART LOOKING DUPLEX
TO YOU, IT’S BEEN A SMART WAY TO DOUBLE YOUR MONEY. We know the properties we manage mean more to owners like you than meets the eye. That’s why, for 75 years and across three generations of our family, we’ve taken the long view -- building great working relationships as we build value. Because when it comes to taking care of your investment, we definitely see eye-to-eye. celebrating
gaetanirealestate.com 415.668.1202
75 YEARS