SF APARTMENT magazine
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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 Gershay Castaneda
Member Services Maria Shea
Accountant Crystal Wang
SFAA Officers President J.J. Panzer
Vice President Robert Link
Treasurer Jim Hurley
Secretary Kent Mar
SFAA Directors
Eric Andresen, Honor Bulkley, David Gruber, Neveo Mosser, Chris Bricker, Bert Polacci, James Sangiacomo, Dave Wasserman, Paul Gaetani
VOLUME XXXV, NUMBER 4
APRIL 2023
Published by San Francisco Apartment Association
Publisher Vanessa Khaleel
Editor Pam McElroy
Art Director Jéna Safai
Production Manager Cameron Shaw
Tel 415-255-2288
Web www.sfaa.org
SF Apartment Magazine (ISSN 1539-8161) Periodicals Postage Paid at San Francisco, California and at additional mailing offices. 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 Printing Partners Copyright @2023 by SFAA.
Housing Bills in the Works
AB 1114 —Assemblymember Matt Haney is proposing to eliminate building-permit appeals once a project has been fully approved by the Planning Department. Projects must be at least two-thirds residential to be included in the bill.
“We’re literally the only city in the state that allows anyone to stand up and object and stop a project even after it has received all its approvals. It’s insane,” Haney told the San Francisco Chronicle
SB 4 —With this bill (dubbed “YIGBY” or “Yes in God’s Backyard”), Senator Scott Wiener hopes to fast-track the process for religious institutions and nonprofit colleges to develop affordable housing on their properties.
SB 423 —This bill, also proposed by Senator Wiener, would make 2017’s SB 35 permanent. SB 35 is Senator Wiener’s housing bill that accelerated
the construction of subsidized affordable housing in cities across the state. Currently, SB 35 is scheduled to sunset at the close of 2025.
A study conducted by the California Department of Housing and Community Development says that SB 35 has brought more than 11,000 homes to the state—3,000 of which were created in San Francisco, 80% of them affordable housing. And, according to the San Francisco Planning Department, SB 35 has shortened approval times for affordable housing from as long as three years to just four months.
Family-Sized Housing
Supervisor Myrna Melgar has introduced legislation that aims to incentivize much-needed familysized housing on the west side of the city. While clearly in line with the City’s housing production goals, it includes some requirements that could make it inapplicable to most of the west side properties it aims to cover.
The draft legislation would create the Family Housing Opportunity Special Use District, which shares a boundary with the Well-Resourced Neighborhoods Map included in the draft 2023-2031 Housing Element. The map covers the entire west side of the city, plus the Marina, Cow Hollow, and parts of North Beach. As drafted, the ordinance would expire eight years after it becomes effective.
The proposed ordinance encourages the construction of two-to-fourunit projects that provide at least two 2-bedroom units within the new special use district. Qualifying projects would be exempt from an otherwiserequired conditional use authorization (CU), including CUs that typically apply to the demolition of an existing residential unit. Eligible projects would also be exempt from Section 311 notice and the discretionary review process. Obtaining approval of a CU or having a project sent to the Planning Commission by a neighbor via discretionary review creates uncertainty and can add many months to a project’s approval timeline. Taking both CU requirements and Section 311/discretionary review off the table are meaningful incentives.
The legislation does not automatically exempt these projects from CEQA— but small new construction projects should be eligible for Class 3 (new construction of small structures) categorical exemptions.
Specifically, the new rules would apply to projects that construct twounit buildings (including a two unit
Breaking Ground
Policymakers are working to meet the minimum state housing requirements.
building with a third standalone unit outside the proposed building envelope) and three-unit buildings (including a three unit building with a fourth standalone unit outside the proposed building envelope). At least two of the units in a qualifying project must have at least two bedrooms.
Projects must consist of ground-up new construction, and while they would be exempt from the otherwise-applicable density limit (up to four units per lot and not including any permitted accessory dwelling units), projects would not be exempt from the otherwise-applicable height limit for the property in question.
As drafted, the legislation includes several other restrictions that will limit its potential impact:
Qualifying projects cannot demolish a historic resource and must comply with the Residential Design Guidelines and the Planning Code, except for lot-based dwelling unit density limits. While requiring Code compliance in exchange for bypassing Planning Commission review is reasonable, the Residential Design Guidelines are not entirely objective, which will make it difficult for sponsors to assess whether Planning staff will deem a particular project in compliance with the guidelines. It’s also difficult to imagine how a third or fourth unit constructed outside the main building envelope could comply with the Planning Code’s rear yard and obstruction controls.
Additionally, projects cannot propose the demolition of any of the following:
• Units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years;
• Units that are or were subject to the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past five years;
• Units that are or were occupied by lower or very low income households within the past five years; or
• Units that were withdrawn from the rental market pursuant to the Ellis Act within the past ten years.
The requirement related to the Rent Stabilization and Arbitration Ordinance (i.e., the “Rent Ordinance”) is very limiting as drafted. Most residential units in San Francisco are subject to the Rent Ordinance, which has a rent control component and an eviction protection component.
Units built after June 13, 1979, most single-family homes and condos, and units that have undergone substantial rehabilitation are subject to the Rent Ordinance, but only to the eviction controls (not the rent increase limitations that apply to other units). If the legislation intends to exclude these units and older units subject to rent control limits, there will be nothing left for redevelopment pursuant to the proposed Family Housing Opportunity Special Use District. Protecting affordable units from demolition is a logical policy choice, but hopefully the legislation will be amended to limit this restriction only to units subject to the Rent Ordinance’s rent control protections.
Supervisor Melgar’s proposal has the potential to be an impactful piece of legislation to spur development on the west side of the city, and we’ll be keeping an eye on its progress through the legislative process.
This news item was authored by Reuben, Junius & Rose Attorney Chloe Angelis. She can be reached at 415-567-9000.
Storm-Related Anti-Price Gouging
The growing list of counties in the current storm-related state of emergency include Amador, Butte, El Dorado, Fresno, Humboldt, Imperial, Inyo, Kern, Lake, Los Angeles, Madera, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Bernadino, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara,
Santa Cruz, Sierra, Sonoma, Stanislaus, Tulare, Tuolumne, and Yuba.
During the state of emergency, it is illegal to increase the price of goods and services by more than 10% above pre-emergency levels. This applies to rental housing for existing tenants, as well as rent increases during unit turnovers. Violators can face a year in county jail, a fine of up to $10,000, or both, as well as civil penalties.
Fire Alarm Upgrade Deadline
July 2023
By now, you’ve probably heard about the San Francisco fire alarm code section 1103.7.6.1, which was adopted in 2016. The entire process can take anywhere from two to four months, so if you haven’t started the process yet, don’t wait any longer.
Building owners of (R-2) residential buildings with three or more units with an existing building fire alarm system need to comply with sound level requirements for sleeping areas by July 2023. Alarm systems have to pass the “pillow test,” meaning the central fire alarm system must be loud enough for all residents to hear it from their bedroom (meeting a sound level of at least 75 dBA).
If this applies to you and you haven’t upgraded your fire alarm system, contact your existing fire alarm provider and see what they can do for you. They may already know what needs to be done and can help with your unique building. The alarm system professional you work with should consider whether or not you have electronic floor plans available, if there’s an elevator or sprinkler system in your building, or if you have construction or remodeling work planned.
For a list of SFAA-affiliated alarm system professionals, turn to page 46 of the member directory. For more information on the legislation and FAQs, visit sf-fire. org/308-sleeping-area-fire-alarm-requirements
Round-and-Round
written by J. J. PANZERThe best career advice I never listened to came from my dad: “Don’t be a property manager. You can do better than this!” Having founded RMC in 1980, he managed some challenging assignments. He’d put in his time in the industry by the time I was starting to wonder what I’d realistically do when I grew up.
He managed buildings in the Tenderloin through court-appointed receiverships and dealt with drug dealers and gangs. My dad promised to send me to college to get a degree and allow me to do something, anything, different. He’d learned so many lessons the hard way and didn’t want to see me go through the same challenges he’d faced in our business. Thankfully his experience and teaching have prevented me from learning those lessons the hard way.
When I joined the company shortly after graduating from UC Berkeley in 2002, I had no idea I’d decide to stick around and buy the company, still running the show more than twenty years later and serving as your San Francisco Apartment Association President. It’s an honor and a privilege to have the support of the membership and my fellow board members, and to work closely with Janan, Vanessa, Charley,
and the rest of our talented, dedicated staff who represent our interests in continuing to operate our businesses here in San Francisco.
I’ve served on the Board since 2013, and my time working with SFAA has always been worthwhile and rewarding, helping me to stay informed and represent my clients as their property manager.
In the coming year, I am looking forward to working with what promises to be a more moderate Board of Supervisors, including our newly elected supervisors Joel Engardio (District 4) and Matt Dorsey (District 6), as well as District Attorney Brooke Jenkins, to support initiatives that will hopefully improve conditions for all of us.
[SF Apartment Magazine sat down for a conversation with DA Brooke Jenkins. Turn to page 20 to read the full Q&A.]
We certainly have a lot of issues affecting our residents’ quality of life, such as crime, homelessness, open-air drug use, and shoplifting. We also desperately need sensible policies about building new housing. At the very least, I am hoping we won’t be facing as much punitive legislation that scapegoats all rental housing operators as a way of retaliating against
certain bad actors who push the boundaries of what’s legal and ethical to increase their bottom lines. I hope our members will continue to educate themselves, stay informed on current events and legislation, and maintain their properties and relationships with their residents.
This year, I’m eager to see our rental market return to a “normal” cyclical demand pattern, which disappeared with COVID in 2020. The cycle felt pretty reliable for many years. Demand was fueled by two categories of people: newcomers and elective movers. The newcomers are people coming to San Francisco for work: corporate relocations, entrepreneurial types coming to seek their fortune in tech startups, and students of all levels. Elective movers are people already living here, undergoing life changes leading to a change in living situation: wanting different roommates, different neighborhoods, or just growing up. The “growing up” category usually includes people coupling up, breaking up, or having children.
Both categories of residents usually start moving in the spring, starting around March 1, with the demand remaining throughout the spring and early summer. Before COVID, residents were ready to sign aggressively priced leases starting ASAP. Newcomer demand usually dipped early to mid-June, but elective movers
Our housing market has always cycled through ups and downs. We’re headed up from here.
would continue their searches, sustaining the market during the summer. Demand from newcomers would resume in late August as employees at more prominent companies came to San Francisco in a final wave before the start of the school year and holidays.
By mid-October, we saw a final dip in demand, when it seemed newcomers had all settled and the students had started school. Elective movers thought, “Gee, Halloween is in two weeks, and then it will be Thanksgiving and Christmas. Maybe I will stick with my roommates for a while longer and look for a new place in the new year.” Then in January, faced with post-holiday credit card bills, they put off moving a little longer. And so, the annual cycle would begin again in March.
Every time I discuss this cycle with clients, I am reminded how the story is so very San Francisco: our markets rise and fall based on enterprising people coming here to seek their fortune, just like with the Gold Rush that first built this city almost two hundred years ago.
Rental property owners are just one of many businesses that serve the newcomers, just like the entrepreneurs who built their fortunes supplying the miners so many years ago. Our market forces are cyclical, rising and falling with the waves of newcomers coming here to seek their “gold” in our city.
COVID jumbled this in all the ways we’ve observed: working in an office is no longer mandatory, so companies don’t relocate employees nearly as often. People are rethinking their education plans, apartment amenities, and neighborhoods. During the pandemic, the only people expressing interest in our apartments were elective movers looking for the best deal; they had zero motivation to sign a lease unless it was a screaming deal. Instead of signing leases for an immediate move-in or even within two weeks, elective movers haggled asking prices down by $500 per month or more, asking for four to six weeks of lead time.
My clients rarely entertained these offers, but it was hard times waiting for the market to rebound through the first half of 2021 before vaccines were introduced, and businesses could reopen safely with necessary precautions.
In the years to come, we will all have an additional challenge to face when demand for rental housing declines: the vacancy tax. The clear intent is to prevent owners from holding properties until they find a tenant willing to pay a certain amount or until the market recovers.
During the pandemic, I spent so much energy trying to convince my clients with significant vacancies to have faith in the value of their apartments and not chase a crashing market. Unfortunately, now they will have to pay a tax for the right to hold pricing when the market is declining.
J. J. Panzer is the new president of the San Francisco Apartment Association. He’s the owner and president of Real Management Company, where he began working full time in 2002. His father, Joel, founded the company in 1980, and not too long after, J. J. spent his summers helping out in the office. J. J. can be reached at 415-821-3167.
It’s Your Beeswax
written by VARIOUS AUTHORSQ.One of our apartments has a bed bug infestation. We believe that the tenant brought them in. Who is responsible for remedying the situation?
A.You are entirely responsible for remedying the situation, period. It does not matter who you think brought the bed bugs in. You, as the housing provider, have the nondelegable duty to rid the rental housing of pests. In California, there is a strict duty to provide and maintain what is termed as “habitable” rental housing. This duty lies squarely with the owner and operator and cannot be passed onto the resident. This law has been on the books for more than fifty years and is increasingly strengthened by new local and state laws as well as court decisions. Indeed, the seminal case came out of San Francisco in the early 1970s.
This duty to deliver and maintain habitable housing may be summarized as follows:
• The building’s floors, walls, stairs, and roofs must be safe, operable, and intact. Roof leaks must be addressed and fixed as quickly as feasible.
• All building common areas, including stairways and hallways, must be
kept in a safe and sanitary condition. Regularly check your exterior wood staircases for dry rot, and repair any rotten floorboards or railings immediately.
• All plumbing and electrical systems, including any elevators, as well as HVAC appliances must be safely operable. This means in San Francisco that there must be a permanent heat source capable of heating all habitable rooms to 70 degrees 24 hours per day. Space heaters are not safe and do not satisfy the heat requirement. If the elevator needs repairs, downtime should be minimized.
• There must be sufficient waste and recycling removal services. In San Francisco, there are mandatory composting and recycling rules; as such, please ensure that you have the correct bins available (blue for recycling, black for landfill, green for composting), and that all building residents have adequate space for reasonable weekly disposal of waste, composting, and recycling items.
• Both hot and cold water must be available. Check to ensure that the hot water heaters properly work. Please take precautions to prevent scalding water from being released,
as that could cause serious injury especially to children.
• Exterminate infestations of rodents and other pests, including bed bugs. Yes, this obligation is part of the warranty of habitability and cannot be ignored or imparted onto your residents.
• Manage and, if necessary, remediate known hazards such as asbestos, lead paint, and mold so that they do not endanger the occupants.
The above list is not exhaustive. There may be other requirements depending upon local laws and the condition of the building. But there is a common theme here, which is this: The housing provider, not the resident, is cost responsible for full compliance. If there is an uncured breach of the warranty of habitability, the residents may not be responsible for rent and you may be liable for actual and punitive damages, as well as attorney fees incurred by the resident to compel compliance. In addition, the Rent Board might permanently reduce rent until the problems are fully rectified.
Lastly, some members of our industry have suggested holding the residents responsible for the repair or, in this instance, extermination costs if there is sound evidence that the defect or infestation was caused by the tenant. This author believes you may be able to pursue that remedy in small claims court. However, you as the owner/operator must still properly and
No matter who causes a problem, owners are responsible for maintaining habitable housing.
expeditiously rectify the situation at your cost. Taking immediate action may not be dependent upon seeking or obtaining financial reimbursement.
—Dave WassermanQ.A retired tenant in my fourplex sweeps the patio and pathways each week. He just put potted plants around the building exterior and maintains them. It seems he enjoys it and I appreciate it, so we haven’t discussed it. He recently asked for compensation in the form of a small rent reduction. I’m happy to oblige, but don’t want this agreement to get me in trouble. Should I be wary?
A.This sounds like a charming relationship where an earnest old man is trying to make your building more beautiful, and it’s hard to imagine how this could go wrong. That said, I’ve imagined several ways this could go wrong.
First, is the rent reduction tied to a certain amount of labor? Is the rent still reduced if he misses a few weeks? What’s the base rent for purposes of the annual allowable increase? Is the rent still reduced if he can no longer do the work as he ages? If not, how do you restore the original contract rent? To what degree is he your agent? If he performs these tasks in a way that leads to injury (let’s say, pooling water causes someone to slip), should you have been supervising his activities? Preventing him from doing them negligently? Whose responsibility is it to replace the plants if they die?
While his chores are mostly about common area beautification, an expanded role down the road (particularly with matters relating to conventional property management, like if he helped show a vacant apartment while you were out of town) might lend itself to an argument that his relationship with you is governed by wage and labor law in addition to landlord-tenant law (and you’d find yourself trying to conform to both retroactively). If you ever want to remove
the plants, does he now have the “housing service” of common area plants? And could you therefore lose both the gratuitous rent credit and the subjective value of the plants to his enjoyment of his tenancy?
As a practical matter, probably none of this would come to pass, and your tenant’s efforts would only enhance your property. If we always listened to lawyers worry about the worst that could happen, nothing could get done. But to minimize potential risk: Paying him to do the chores would be better than entangling it with his rental rate. The arrangement should be in writing and clearly defined (so you can end it if he isn’t fulfilling his promises). It should make clear that he has not paid additional rent to have potted plants, that he understands he has no control over common area, and that the existence of these potted plants are not a housing service.
Nothing in your proposal was bad; these things only go wrong when they go wrong, and you see the problems in retrospect. But the San Francisco residential tenancy is exceptionally tricky and difficult to unwind. The fewer roles get blended into it, the better.
—Justin A. GoodmanSafety In Numbers
Public safety and social justice are District Attorney Brooke Jenkins’s priorities—and she needs our help to clean up the city.
Written by PAM MCELROYPam McElroy: First, congratulations on winning the election! How have your priorities changed since you were appointed by Mayor Breed to going into your first term?
DA Jenkins: Thank you! One of the first things I had to do after being appointed was rebuild this office. If the office is not functioning at its highest level, we cannot improve public safety.
When I walked back into this office, it was a shell of itself. I had been a prosecutor here for more than seven years prior to that brief resignation, before being appointed, and most of our senior attorneys had gone. We’d lost sixty-plus attorneys. We’d lost half of our advocates in the Victims Services Unit. Our management staff had only one experienced prosecutor left.
I had to make sure the people managing this office, handling cases, and working with victims, had the experience to handle the cases correctly. That was number one. I brought in my own executive team—some were people I promoted from within—but mainly I brought back people who had previously worked in this office, most of them having left during the Chesa Boudin era.
I hired experienced attorneys. When you’re talking about homicide, sexual assault, domestic violence—those units must have experienced prosecutors who know what it’s like to work with victims; victims reluctant to participate in the system. They have to know how to introduce complex evidence in court, how to prove our cases to a jury.
Another thing we had to fix was the fact that we were a house divided. It was people Chesa had hired versus people I had hired. We can’t work like that; we have to work as one team. People have to feel safe and comfortable.
We’ve done a lot to make sure that everyone who is here, is here. That they understand we’re on the same team, working toward the same mission, which is promoting public safety in this city, advocating for victims, and making sure our cases are handled fairly and appropriately.
Now, we’re pretty much there; things have stabilized inside.
McElroy: And how have your priorities shifted since then?
DA Jenkins: My next priority was to work on drug dealing. I see it as an ecosystem. Drug dealing fuels addiction; addiction begets theft crimes; it exacerbates mental health issues in those already struggling; it breeds violence. I knew that if we started to deal with that issue, it would assist in decreasing some of the collateral consequences. We had to decide how we were going to responsibly handle drug dealing cases.
We can’t effectively decriminalize drug dealing—which is what had happened under the previous administration. I had to set guidelines. We had to start seeking detention in cases with egregious sellers. We began admonishing sellers who were found to have sold fentanyl to someone who died that they could be charged with murder. We did a number of things to make sure these cases moved through the system more responsibly.
And so, we started working more closely with the police. We’ve been along this path for the last eight months, talking about what policing of drug dealing looks like, what we need to prove cases. We’re investing in a partnership with the Public Defender’s Office, which hasn’t happened in a long time.
The next focus for me was retail theft crime. What’s clear to me—and I think most people—is that theft is completely out of control. Nobody can go into a store anymore and just get detergent, or toothpaste, or deodorant, because it is locked behind glass.
It’s exhausting for us as residents and consumers. It’s exhausting for store employees who can’t just do their job the normal way. They’re tired of having to chase people out of the store who are stealing, being assaulted by people when they try to stop them. And these companies cannot withstand the amount of theft that’s happening—both big-box retailers and our small businesses.
It is our job to protect our economy, to protect these massive employers, to protect San Francisco residents, and to keep products available in our city. Otherwise, the small businesses will close, and retailers will leave our city.
I’ve been working with retailers directly on what we can do for them, while also communicating what we need them to do for us. We need store associates to testify. Over the years, I’ve experienced not being able to contact them, or people not being able to take a day off to testify. We are working with retailers to improve those situations and ensure we have the tools necessary to prosecute. We need to be at the table, looking at what policing looks like to assist in preventing these thefts and catching the people who commit them.
We’ve got more robberies than anyone should ever see in this city, and a lot of violent street crime, such as the assaults against the Asian community that were occurring when I took over. We had to restructure our office so that these serious cases get the attention they need.
I’ve already mentioned the importance of having adequate, experienced staff. The General Felonies Unit handled every type of felony crime, with the exception of murder, sexual assault, and domestic violence. That’s a lot of crimes—drug dealing, gun possession, assault, attempted murder, burglary, robbery, you name it. It spans a massive spectrum, and most of those lawyers
have 150 cases. I had over 150 of those cases when I was in that unit. It is impossible for people who lack significant experience to give all those cases the attention that they require.
To fix this, I established a Vulnerable Victims unit, which took over assaults and violent crimes against the elderly, hate crimes, and non-family-related assaults. I staffed this unit with attorneys experienced working with victims and people who might be struggling to understand the system, who might be from another country and monolingual.
The Vulnerable Victims unit has made huge strides, holding the hands of these victims and ushering them through the process. We no longer have issues with people saying they were not informed of court dates or they didn’t receive the support they needed.
I also established a Major Crimes unit, which focuses on serious robbery cases and attempted murders. We now have three experienced attorneys handling these violent crimes, where before, they would have been housed with more junior attorneys in the General Felonies Unit.
Pam McElroy: Can you expand on that? How are you planning on working with the community to provide victim services and ensure accountability?
DA Jenkins: I hired a new Chief of Victim Services, Monifa Willis. She’s a nurse practitioner in psychiatry who has worked in juvenile mental health and trauma-informed care throughout her twenty-plus-year career.
We needed somebody who knows what to do for people who have experienced significant trauma. I wanted someone who could help us work within our juvenile system, to be more understanding of the mental health of our juvenile population. To help us be more informed in how we deal with our kids. She is making tremendous strides in training that unit. She’s hiring to ensure culturally competent care. We are doing far more community outreach, not just waiting for a victim to come to us but going to them in the community.
Pam McElroy: What is your plan for open-air drug use and open-air drug dealing?
DA Jenkins: I have a six-year-old and a three-year-old, and I don’t want them growing up in a city where that is portrayed as something normal. I can’t, as a mother, tell my children to stay away from drugs but have everything else appear as though that is normal behavior that people just engage in, openly. I took this issue personally.
I also understood that people were ready for law enforcement to step up. The police had decided it was time to start citing individuals who were publicly using drugs. I sat down with the
police to talk about their approach. Then we mapped out what we were going to do on the prosecution side.
We decided we would give a warning and not criminalize after a first citation. But what is fair? What is the best way to deal with somebody who’s struggling with addiction and can’t necessarily control that impulse? We came to a threshold of five citations, after which, we would pull that person into the criminal justice system.
I thought I would receive a lot of backlash, but the opposite happened. Even in the most progressive circles, people thought that threshold was too high. So, we tracked the data for a few months, knowing we might have to course correct. When it came time to analyze the data, we realized five citations was too many and reduced the number to three citations. A complaint is filed with all three citations noted, and the offender is sent to treatment court.
When more than thirty people had been cited three times, we went back to the table with the police. I wanted them to understand that even if we didn’t prosecute on the first or second citation, that didn’t mean we didn’t value the policework. We do value the policework, but this is how we’re combatting the problem.
Pam McElroy: How do you balance that need for social justice and working with police reform while, at the same time, keeping residents safe?
DA Jenkins: This is a very complex job. There’s nothing simple about it. I expect the police to do their jobs well and fairly. I’ve gone around to the stations and have said, ‘The public wants you to do your job. I want you to do your job. But the expectation is that you do it correctly.’
They understand that when they step outside of those bounds, it’s my job to hold them accountable—and I think everyone respects that line. I don’t want cases involving bad police work, unethical police work. Those cases will be rejected from this office. And if the police behavior is criminal, we’ll address it.
It requires dialogue. My staff knows that when they read a police report, they should assess whether the person was treated fairly. Was there a proper search under the 4th Amendment, for example. If not, we shouldn’t proceed on that case.
With respect to social justice, I have tried, throughout my career, to be very balanced in terms of what justice looks like. Justice doesn’t look like one thing in all our cases, but most people we deal with need help in changing the trajectory of their lives.
Keys for Success
Written by PAM MCELROY & WILLIAM NYEHaving worked at nearly every level in the multifamily business—from maintenance supervisor to multifamily executive— William Nye knows a thing or two about the rental housing industry. He now spends his time sharing the knowledge he’s gleaned from his decades of experience. His anecdotal stories keep his sessions on leadership, leasing, maintenance, customer service (and more) humorous and engaging.
Don’t miss him at SFAA’s landlord expo on May 18!
We asked William for a sneak peek of his course, and he delivered below.
10 Keys to Property Management Success
Be intentional about your culture.
Everything you do in business depends on your culture. Company culture is the single most important part of any business. If you don’t focus on building a healthy culture, you will still have a culture, but it won’t be the one you want.
Imagine going outside and digging up a piece of the ground and then leaving it. What happens to that spot? Things begin to grow, but not what you want. You will find weeds have grown in that spot. That is exactly what will happen in your company if you aren’t intentional about growing a healthy culture. You will grow a culture, but it won’t be the one that you want, and as a result, your business will struggle to produce the results you want.
Pay attention to details. Everything you do matters. Lease files need to be done correctly and promptly, vacant apartments should be as perfect as possible, grounds should always look like they are loved and get attention. The details matter and will set you apart from your competition, so pay attention to everything you do. It will send a message to your residents and investors that you care. If something is worth doing, it is worth doing right.
Be a person of your word. Residents are so used to being ignored and lied to by landlords. Actually do what you say you’re going to do, and follow up promptly. You will build a reputation for being a first-class operator. Most residents move in to an apartment believing that if something breaks, management won’t fix it, and that if they pay a refundable security deposit, management will find a way to keep from refunding the money when they move out.
Read on for property management tips from William Nye the Apartment Guy.
SFAA LANDLORD EXPO
HEAR WILLIAM NYE IN PERSON AS THE KEYNOTE SPEAKER AT THE SAN FRANCISCO APARTMENT ASSOCIATION LANDLORD EXPO!
Come join SFAA and local rental property owners for a free educational event covering all things multifamily housing. Hear from the Department of Building Inspection, the San Francisco Fire Department, and the San Francisco Rent Board. The event will end with a member appreciation hour where you can chat with vendors, including landlord attorneys, plumbers, property management companies, and more. Look for more details at sfaa.org
Date: May 18, 2023
Time: 12:00 p.m. to 4:00 p.m.
Place: Fort Mason Center Gallery 308
Why do our customers have this bias? Because that’s been their experience. We can be different by simply delivering on our promises.
The market is always right. We don’t always know what will or won’t work, but the market will quickly tell us if they see the value in what we are doing. So, pay attention to what the market is telling you because it is ALWAYS right.
Many years ago, Kodak invented the technology for digital photography, but the executives at Kodak didn’t think the market would be interested, so they sold the technology. As we now know, Kodak was completely wrong! Who doesn’t have hundreds of photos in their cell phone? Whether it’s a feature, pricing, or customer service idea, the market will tell you if you are on the right track.
Property management is a team sport. To be great at property management, you must have a complete team
working together toward the same goal. No one person can do it all alone. It takes the entire team rowing together to get the results you want. Asset management, accounting, training, marketing, on-site leasing, and on-site maintenance need to work in harmony with one another to produce the right results.
During my career, I have emphasized that the corporate team exists to support the on-site team—not the other way around. As a corporate employee, I consider myself an expense. The people working on-site need our full support.
You can only cut so much before you become negligent. I often see property owners and management companies cutting expenses to have a better bottom line. Be careful. You can only cut so much before you find yourself with a lot of deferred maintenance, on the cusp of being neglectful.
Of course, you should be wise with your spending, but the best way to a healthy bottom line is to make sure you have a healthy top line. If you begin to neglect the asset, it will show—and soon it will be hard to have a healthy top line because the asset is less desirable. Keep your property clean and well maintained.
Training is a necessity, not a luxury. I see this all the time. Owners don’t want to close the office to send their team to a training session because they don’t want to lose a potential resident. This is shortsighted and will not serve your best interests in the long term. A better-trained team is happier, more efficient, and more productive. Investing in training is investing in your team. The more you invest in them, the more they feel appreciated.
Be an excellent communicator. Let your team know what you expect. Make sure they know how to do what you need them to do. Don’t keep your team in the dark.
Rarely do we make mistakes because we don’t know what we are doing. Rarely do we make mistakes because we don’t care.
We make mistakes every day because someone failed to communicate important information, and as a result, we did the wrong thing or failed to do something that we should have done.
Markets will always go up and down. Don’t let the current market conditions throw you off of your plan. Have a smart plan and be consistent in the way you work it. Far too often, I see owners panic when the market softens, and they end up making irrational decisions that can’t be undone. Ride out the storm. Things will get better; they always do. Every business has highs and lows, and the multifamily business is no different. I often see owners and management company executives grabbing for anything they think will right the ship. A key to staying focused is to work on maintaining a healthy perspective. I often remind my audience that the mountaintop is where you gain perspective, but the valley is where you grow.
Don’t bite off more than you can chew. I can’t tell you how many times I’ve seen an owner purchase an asset or a management company take on a client that they can’t support. Regardless of the unit count, every asset requires a lot of time and attention. Before you add to your load, make sure you have the infrastructure in place to support it without overburdening the team.
A friend of mine took over two properties in a state in which they had zero experience, about one thousand miles from their corporate headquarters. It wasn’t long before they realized they made a mistake, so they found a local management company and hired them to manage the properties for them. It is fun and exciting to grow, but it needs to happen at a pace that allows you to manage effectively. Far too often we think a company is successful because of the size of the portfolio, but that’s not always an accurate way to measure success.
To learn more about William Nye and his services, visit his website: www.billnyeapartmentguy.com
Walk the Property Line
written by JUSTIN A. GOODMANWhile property ownership (the “fee simple absolute”) has historically been the supreme form of property right, the leasehold has had many of its benefits. The owner’s “bundle of rights” includes the right to use, transfer, encumber, and occupy. But during the leasehold, the lessee enjoys the most important one—the right to occupy. There are barriers to entry for property ownership, but the lessee acquires this right at a much lower cost, generally just the obligation to pay a negotiated rent.
A landlord can use this rent to pay the property’s costs (like financing, taxes, insurance, and upkeep), but if a lessee stops paying rent while maintaining occupancy, the landlord has an urgent problem. In the early nineteenth century, the landlord had common law rights and remedies (like the right to enter and expel the tenant by force). That seems unthinkable today, and part of the reason is that the legislature created the fastest civil proceeding (the “unlawful detainer” action) to recover possession.
A balance was struck where the landlord could speedily recover possession,
ignoring other disputes among the parties, while the lessee received due process and an undisturbed right of possession until it was awarded to the landlord.
However, in recent years, tenants have grown increasingly adept at slowing the speedy remedy to a crawl: tenants dodge service, challenge the complaint to delay their answer, and then overload their answer with meandering affirmative defenses. They bombard with discovery, demand a jury, appeal the result if they lose, and seek a stay of eviction pending appeal. Of course, any defendant is entitled to do all these things; it’s just that San Francisco tenants don’t have to weigh costs and benefits. Their attorneys are free, so the cost is zero, and the delay is a benefit in itself. Thus, even when the system functions normally, it operates to give the tenant the most significant benefit—possession—unless and until the landlord pays them to acquiesce to what should be inevitable.
Other circumstances, though they don’t involve a tenant, will still justify the streamlined unlawful detainer procedures, like when someone was merely licensed to occupy property, their occupancy had been tied to their
former employment, or even where an owner was already in lawful possession, but someone broke in or used force to drive them out. This latter situation sounds a lot like a crime, and you’d think the local police would just say something folksy like, “We’ll take this rascal down to the station, y’all have a good evening” while escorting the owners back in. But the police department will usually err on the side of caution and conclude, “This is a civil matter,” meaning the “squatter with a story” now gets due process before dispossession.
As a lawyer who represents landlords, I don’t believe that possession is really nine-tenths of the law, but it’s easily ninety percent of the benefit. And if the tenant in possession has a benefit superior to the landlord, sometimes an occupant with inferior rights can muster an even more formidable claim to possession. Some particularly strained examples:
A “tenant” applies for a unit, passes the application process, and moves in. The “tenant” stops paying rent. The landlord can’t evict for non-payment (because of a COVID-19 moratorium) and looks for other options to avoid losing the property. An investigation reveals that the “tenant” is an identity thief (who is therefore undeterred even by the threat of a money judgment ruining their credit). One solution is
Owners must be well-informed in creating rights of possession—and make cautious choices when trying to regain property.
the rescission of the lease (on the basis of fraud), and the revocation of the “license” to occupy that arose from the rescinded contract. This threads the needle on invoking the speedy unlawful detainer statutes and getting through the moratorium, though it makes for a decidedly more complicated prove-up.
Another example: Unbeknownst to the landlord, a guest stays with her tenant. Overstaying her welcome, she is permitted to sleep in a garage space. The tenant ends their tenancy, returning the unit to the landlord vacant. But the guest is later in possession of the unit (presumably having broken in), claiming to have a sublease with the departed tenant. Eviction protections extend to known sublessees (not secreted ones), and forcible detainer actions will remove someone who broke in. But the relevant facts are only known to the dishonest defendant and the now departed (and possibly complicit) former tenant, so the path forward is unclear. A solution is to plead both paths, being cautious not to plead inconsistently so that each path frustrates the other. (If they were a subtenant, they didn’t break in. If they gained access as a guest, they weren’t unknown.)
Sometimes the speedy path is the wrong choice altogether. For instance, an owner buys the property out of bankruptcy, inheriting an occupant who claims to be a tenant with a term lease. The lease is commercially unreasonable, with an absurd rent, and the property is unfit for human occupancy, making it all the more unlikely. (But a bankruptcy wants to sell assets and satisfy creditors, not solve puzzles). As you might expect, no rent is ever offered, but should any be accepted? In rare circumstances, even the rent ordinance will permit adjustment to an appropriate rate, but the conditions tee up an indomitable habitability defense to a rent demand case. The Ellis Act or a demolition eviction could theoretically be used, but all of these concede the fraudulent defense—the existence of a tenancy. The unlawful detainer statutes provide no template for this scenario.
One solution is common law ejectment, a regular civil action for recovering possession. It allows murkier theories to proceed at a slower pace but also lets in cross claims (like those against the original bankruptcy debtor), wackier theories (like a surprise, longer term lease with even more favorable terms), and guest stars (like the girlfriend who tries to litigate her rights under the lease to a rent offset for habitability defects at the Rent Board, even though she isn’t even named on the lease, no rent has ever been paid, and the Rent Board, seemingly can’t do anything for the petitioner, but can create a procedural nightmare for the owner with collateral estoppel problems). With forays back into bankruptcy court and games of “whack-a-mole” against the flurry of incessant claims, a case like this could take years, not months, to progress. And when it finally gets to trial, a property owner could be totally justified in agreeing to pay the price of a house anywhere else in the country to get all these moles to burrow somewhere else.
Of course, every one of the above cases is hypothetical, and none of the characters are real—especially the hyper-litigious moles who definitely don’t resemble anyone I’ve ever met. But if I had to write a satisfying (and completely fictitious) epilogue, it would be that, instead of leaving, the supposed “tenant” merely announced his departure, demanded the settlement payment, and then moved right back in as the “guest” of his girlfriend (who was never named a tenant in the fake lease, and was therefore never named a party in the real… err… lawsuit I just made up). She nonetheless claims that she’s a tenant on the lease as well and wants her own windfall to vacate. Unlawful detainer judgments encompass other occupants; ejectment judgments don’t.
One solution is to file an unlawful detainer against her on the basis that she’s merely the subtenant of a departed tenant. (Remember, the subtenant has to be unknown for this to work.) The girlfriend explains that, while she’s not named in the lease, she always contributed to the rent funds and should have been named,
testifying that she was a tenant, not a subtenant. Years prior, the Rent Board, dismissed her petition when she couldn’t establish she was a tenant. Because she insisted she was not a subtenant, she could not later claim to be an approved one. And because the boyfriend claimed he moved out to demand the money, he couldn’t now claim to be back to stop the eviction.
The owner recovered possession in the unlawful detainer action a year after the settlement, essentially through a series of estoppel arguments. When the boyfriend moved the court to order the payment of settlement funds, it ruled that he breached the agreement by failing to deliver possession. If a hypothetical case were to conclude this way, it would be very satisfying to see a smug fraudster lose it all because he didn’t know when to stop lying.
These bizarre situations show how the unlawful detainer statutes are sometimes unrecognizable from their original purpose. Enacted to eliminate the landlord expelling by force, they confer due process when a trespasser does so. The more infirm the basis for entering property, the longer it can sometimes take for the landlord to get them out. And even a proper tenant these days has seen their basic obligation turn to suggestion.
This is a bleak era for property rights, and it’s unlikely the legislature will expand the application of speedy remedies, ease the evidentiary burden of proving them, or mitigate the procedural abuses that are now defensive mainstays. Instead, property owners and managers need to be well-informed in how they create rights of possession, and how they pick fights to get possession back. While the rare case might not have a right answer, most have an inevitable one. Cautious choices along the way should result in the recovery of possession and a good story.
Koster & Leadbetter LLP The Flood Building 870 Market Street • Suite 450 • San Francisco, CA 94102 www.kosterleadbetter.com
PRACTICAL REAL ESTATE ADVICE YOU CAN COUNT ON
• Residential (rental property owners)
• Commercial
• Land Use
• Contract Formation
• Dispute Resolution
Denise A. Leadbetter Attorney at Law denise@kosterleadbetterlaw.com 415-713.8680
Thomas Koster Attorney at Law thomas@kosterleadbetterlaw.com 415-680-0023
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Bank On It
written by JOHNSON LESave these tax tips to save big this tax season.
Avoid tax compliance issues this year by keeping the same processes and procedures that worked as best practices for you. Gather support, respond to your CPA’s inquiries, and don’t delay just because the IRS and FTB granted relief to disaster victims. There are many nuances with relief this year; not all 2022 penalties will be abated for missed or late payments, only for the payments with deadlines within the relief period.
New Extension Due to California’s Winter Storms October 16, 2023, is the new filing and payment deadline for those living in the counties affected by the severe California winter storms. The October 16 extension date applies to tax payments related to both individuals and businesses, including extension payments, estimated tax payments, business tax payments, and more if the payment deadline falls within the relief period. You now have until October 16 to file, too; however, that does not mean you can request an extension for an additional six months.
You may be asking yourself, Am I eligible for this relief? You are if you show that your tax return address is in a disaster area—and the relief will be automatic.
So, which counties are announced under the disaster declaration?
It is faster to list the counties not eligible for relief: Imperial, Kern, Lassen, Modoc, Plumas, Shasta, and Sierra counties. Even if you are ineligible for relief because you live in one of the counties named above, your tax professional may be working from a disaster area that can provide you with relief eligibility. You may need to contact the IRS disaster hotline (1-866-562-5227) to request relief if going this route. The Franchise Tax Board (FTB) only asks that you substantiate and document your eligibility.
Now, let’s get into the tax tips that could help you with significant savings.
Cost Segregation Study
Driving through San Francisco, I often admire the large residential buildings and apartment complexes. What would it be like living in one that is tens of stories tall? Is the air fresher up there? What are the rental property owners depreciating? How are they allocating costs to the fixed-asset components that could be segregated to have different depreciable lives? I don’t know the answers to the first two, but the last question is accelerated depreciation.
Your prior tax accountant may have read the purchase statement and split the purchase costs between land and building for depreciation purposes. A cost segregation study will identify and segregate the personal property and
qualified improvement property from real property, thus carving out a portion of the costs and changing its depreciable life from 39 or 27.5 years to 5 to 15 years. This results in portions of a fixed asset, say a building, to split a larger asset to smaller components to be able to claim bonus depreciation.
Although our firm does not perform cost segregation studies, we like to inform people of their options. This study is applicable to all industries that depreciate.
Ownership of Foreign Rental Properties
Do you ever think about selling your San Francisco rental property and investing in a foreign country? The grass may be greener, but we’ll inform you of some key tax and filing differences that may affect your decision.
Foreign rental properties must be depreciated under the Alternative Depreciation System (ADS) instead of the General Depreciation System (GDS). That means you will have to depreciate your foreign rental property over 30 or 40 years instead of the 27.5 years for domestic rental properties. 30 or 40 years of depreciable life is based on whether the property is a residential or non-residential rental property and the date the property was rented out to tenants.
Cliff Notes: Your depreciation expense to shelter rental income is spread out longer; thus, you will receive fewer immediate tax benefits.
Landlord & Leasing Agent, A Winning Combo.
Having over 25 rental units of her own, Jackie brings rst-hand experience as a landlord to all of our Rentals In S.F. clients.
Every day, our team endeavors to nd quali ed tenants for our clients. With an expert understanding of the ever changing San Francisco rental market, we have made it our priority to ll your vacant unit quickly, e ortlessly, at market rent and with your ideal tenant!
With just one phone call, Jackie will come over to access your needs, appraise your unit, and do all the marketing, prospecting and screening. We then present you with a quali ed tenant ready to move in.
Call Jackie at Rentals In S.F. to ll your vacancy. It will be one of the best calls you’ll ever make. Just ask all our clients!
Former SFAA winner * Leasing Agent of the YearYOUR TAX QUESTIONS— ANSWERED
Q. Would a loss of rental income (due to extended power outages) from the winter rainstorms fall under the Disaster Relief umbrella?
A. Unfortunately, loss of rental income due to power outages from the storms does not fall under the disaster relief.
Q. If a 1% interest in a property is transferred from parent to child (or child to parent), do BOTH parties have to reside at the property in order to NOT have the property reassessed? My daughter now lives in Oregon and no longer wants an interest in the property.
A. We understand the question to be about the new law passed under Proposition 19 and the requirements to be excluded from reassessment.
Once our office determines that a change of ownership has occurred, state law under Proposition 13 requires us to reassess the property to its current fair market value as of the date the ownership changed. From the situation you described, where 1% of the property changed ownership (from the parent to the daughter), only that portion of the property that changed ownership would be subject to reappraisal.
Since 1% of your property was transferred, our office would reassess only 1% of the property at its fair market value as of the date of the transfer and deduct the remaining from any existing base year value.
For the property not to be reassessed under the Prop 19 Parent to Child Reassessment Exclusion, the property must be the principal residence of the transferor and be (or become) the principal residence of the transferee (transferee must file a Homeowner’s Exemption claim form within one year of the transfer date to qualify for the Prop 19 exclusion). Also, Prop 19 has a value limit component, so it’s not like Prop 58, where it would be fully excluded. The assessor’s office will work on the value calculation based on the fair market value to determine if the transfer qualifies for the Prop 19 exclusion.
The above questions were answered by San Francisco’s Office of the Assessor-Recorder.
A 1031 exchange to defer gain on the sale of your rental property to invest in a foreign rental property is not allowed.
Additional potential form filings to consider include the FinCEN’s report of Foreign Bank and Financial Accounts (FBAR) for reporting of foreign bank accounts used to deposit and withdraw money from your foreign rental property; the U.S. Bureau of Economic Analysis’s benchmark survey that is due every five years; and the IRS Form 8858, if the foreign rental property is owned by you individually.
Continue to Document Your Support
Good record keeping will help you identify all sources of rental deductions taken, including the cost basis calculations for the rental properties for depreciation purposes. Ready access to this information will help you prepare your financial statements, and file tax returns compliantly and smoothly. In case of an IRS information document request, you will have all supporting documentation on hand to satisfy any requests.
It is imperative to maintain supporting documentation reported on your tax returns. The necessary support you need for any deduction expenses includes receipts, canceled checks, or invoices. If you were ever to be audited, you would need this evidence to prove that you were entitled to what was taken. If in doubt, make a copy and store the supporting documents electronically or have a specified cabinet for your financial and tax information. Although tax records should be stored for at least seven years, we suggest keeping real estate documents for at least the life of the asset.
As with anything tax-related, if the interpretation is unclear or you have questions about potential tax breaks or liabilities, you should seek guidance from a tax professional.
Johnson Le is a CPA with Shwiff, Levy & Polo. He can be reached at 415-291-8600.
S a n F r a n c i s c o A p a r t m e n t A s s o c i a t i o n
Landlord Expo
R e n t a l H o u s i n g E x p o : C l a s s e s , C o m m u n i t y & H a p p y H o u r
M a y 1 8 , 2 0 2 3 12 pm - 4 pm
F o r t M a s o n C e n t e r - G a l l e r y 3 0 8
Happy Hour 4-5 pm
T h e F i r s t A n n u a l L a n d l o r d E x p o w i l l o f f e r a t t e n d e e s a c h a n c e
t o e n g a g e w i t h c i t y a g e n c i e s , i n d u s t r y e x p e r t s , a n d f e l l o w
r e n t a l p r o p e r t y o w n e r s t h r o u g h a p a c k e d s c h e d u l e o f
f r e e c l a s s e s a n d Q & A p a n e l s .
M u l t i - H o u s i n g E x t r a v a g a n z a P a r t i c i p a t i n g I n d u s t r y P a r t n e r s
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.
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.
Robert Little’s practice focuses on real estate litigation, including challenges to local ordinances and administrative decisions, landlord/tenant disputes, property rights, and land use. Robert received a J.D. and M.B.A. dual degree from the University of Wyoming, where he focused on environmental and business law.
sfaa’s
Noise Complaints Webinar
Does your tenant make a lot of noise? Are other tenants complaining about another tenant’s noise? What are the rules for quiet time in a building? Learn how to deal with nuisance noise compaints.
The instructor is Michelle Horneff-Cohen of Property Management Systems.
DATE & TIME:
Thursday April 20, 2023
11:00 pm - 12:00 pm
COST
Members: $45
Nonmembers: $65
REGISTRATION: Contact Stephanie Alonzo at 415.255.2288 x113 or stephanie@sfaa.org
Once you complete registration you will be sent a separate link to register for the Zoom system.
sfaa’s Rodent
Review
One of the challenges living in the Bay Area can be keeping homes free of rodents. Tenants can file complaints as they encounter rodents or see activity in the space they occupy. What do you know about rodents, their behavior to better resolve an infestation? We will offer some basic identification keys and make you aware of rodent’s behaviors. Additionally, you will be armed to be able to seal your structure to be able to keep rodent as bay.
The Instructor is Richard Estrada, ATCO Pest & Termite Control and Home Restoration.
DATE & TIME:
Wednesday April 19, 2023
1:00 pm - 2:00 pm
COST
Members: $45
Nonmembers: $65
REGISTRATION: Contact Maria Shea at 415.255.2288 x110 or maria@sfaa.org
Once you complete registration you will be sent a separate link to register for the Zoom system.
Lost Clause
written by DEBRA L. CARLTONThe California State Legislature is back in session, looking for new ways to control an already over-regulated rental housing industry.
Bills introduced so far address a myriad of landlord-tenant issues, ranging from rent control to criminal background checks to security deposits.
In the following paragraphs, we’ll review some of the highest-profile bills introduced.
Rent Control
SB 466 by Senator Aisha Wahab (DHayward) would authorize California cities and counties to impose strict rent controls on single-family homes, condominiums, and apartments as soon as they turn fifteen.
The legislation would dissolve core elements of the landmark CostaHawkins Rental Housing Act, California’s most important rental housing protection law.
Wahab’s proposal is one of two attacks on Costa-Hawkins at present. The other attack began late last year when anti-housing activists launched a campaign to repeal the landmark legislation through a proposed statewide ballot initiative targeted for 2024.
Costa-Hawkins prohibits cities and counties from imposing local rent control ordinances on any type of housing built after 1995, although the cutoff is earlier in some cities with rent control ordinances that pre-date Costa-Hawkins. It also bans local rent controls on single-family homes and condos of any age. SB 466 would undo these tenets of Costa-Hawkins.
At the same time, a proposed ballot measure, “Justice For Renters Act,” would go further by eliminating the landmark legislation. It would thereby allow strict local rent controls on all residential rental buildings. It would also allow local governments to control rents even after a tenant has moved out—a policy known as vacancy control. Without vacancy decontrol (which Costa-Hawkins mandates), cities and counties would regain the ability to regulate rents between tenancies, preventing rents from ever returning to market rates.
The assaults on Costa-Hawkins come despite the passage of California’s Tenant Protection Act of 2019, America’s strongest statewide tenant-protection law. This legislation, passed as AB 1482, created a statewide rent cap of 5% plus the change in the consumer price index, or 10%, whichever is lower.
For the most part, AB 1482’s rent cap applies to properties at least fifteen years old and smaller properties, like single-family homes, controlled by corporations. Note: The CostaHawkins prohibition on rent controls for post-1995 construction only applies to local ordinances. AB 1482 applies in areas not controlled by a local rent control law.
Criminal Records
SB 460, also from Wahab, would prohibit most California landlords from using criminal background checks as part of the tenant-screening process. The legislation would create the “Fair Chance Access to Housing Act” and prohibit most rental housing providers from directly or indirectly:
• inquiring about an applicant’s criminal history
• requiring an applicant to disclose their criminal history
• requiring an applicant to authorize the release of their criminal history
The bill also would prohibit property owners from denying housing based on their knowledge of an applicant’s criminal records obtained from prior landlords or other sources.
The bill would not apply to singlefamily homes, accessory units, and duplexes where the property owner
The California Legislature had a busy first quarter.
sfaa2023calendar
sfaa 2023
April
MONDAY, APRIL 3
Board of Directors Mtg. 11:30 a.m.
THURSDAY, APRIL 6
Addenda Process Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
WEDNESDAY, APRIL 12
Getting the Most Out of Your Technology Intellirent Webinar
Zoom Webinar System
2:00 p.m. to 3:00 p.m.
FREE for SFAA Members
THURSDAY, APRIL 13
Executing Lease & Move-in Checklist Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
WEDNESDAY, APRIL 19
Virtual Member Meeting
Live Legal Panel
10:00 a.m. to 11:00 a.m.
WEDNESDAY, APRIL 26
Asset Protection
Open Forum Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
WEDNESDAY, APRIL 19
Rodents-Keeping Those
Unwanted Guests Out Webinar
Zoom Webinar System
1:00 p.m. to 2:00 p.m.
Members $45 Non Members $65
FRIDAY, APRIL 28
Roommates & the Revolving Door
Zoom Webinar System
2:00 p.m. to 3:30 p.m.
Members $45 Non Members $65
THURSDAY, APRIL 20
Hoarding Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
THURSDAY, APRIL 20
Noise Complaints Webinar
Zoom Webinar System
11:00 a.m. to 12:00 p.m.
Members $45 Non Members $65
SFAA office will be closed Monday, May 29th in observance of Memorial Day.
May
MONDAY, MAY 1
Board of Directors Mtg.
11:30 a.m.
TUESDAY, MAY 2
Guard Yourself from Predators, Creditors, Liens & Judgements
Zoom Webinar System
10:00 a.m. to 11:30 a.m.
Members $45 Non Members $65
THURSDAY, MAY 4
Smoking & Smell Complaints Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
THURSDAY, MAY 4
Landlord 101 Part I Webinar
Zoom Webinar System
10:00 a.m. to 1:00 p.m.
Members $65 Non Members $130
THURSDAY, MAY 11
Lease Enforcement Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
FRIDAY, MAY 19
SFAA Lease Review & Renewal Webinar
Zoom Webinar System
10:00 a.m. to 11:30 a.m.
Members $45 Non Members $65
THURSDAY, MAY 11
Landlord 101 Part II Webinar
Zoom Webinar System
10:00 a.m. to 1:00 p.m.
Members $65 Non Members $130
WEDNESDAY, MAY 24
Termites 101 Webinar
Zoom Webinar System
1:00 p.m. to 2:00 p.m.
Members $45 Non Members $65
THURSDAY, MAY 18
Dealing with Difficult Residents Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
THURSDAY, MAY 25
ESA vs. Pets Webinar
Zoom Webinar System
10:00 a.m. to 11:00 a.m.
Members $45 Non Members $65
THURSDAY, MAY 18 In Person Landlord Expo Fort Mason Center, Gallery 308 12:00 p.m. to 4:00 p.m. FREE
Member Appreciation Happy Hour 4:00 p.m. to 5:00 p.m.
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.
SFAA’S TENANT SCREENING SERVICE
THROUGH INTELLIRENT
STEP 1:
Create a free account at sfaa. myintellirent.com/agent-signup.
STEP 2:
Invite an applicant to apply via an online application customized to SFAA’s criteria. You can also publish your available rental on Intellirent across mulitple ILSs.
RATES
Intellirent is your free, online rental application and property marketing tool, partnered with Transunion to instantly return complete credit reports and nationwide eviction notices. Renters pay the $40 application fee, which covers your costs. For more information, simply create your free account or go to sfaa.org and choose the “Resources” tab. Then select “Tenant Screening.”
Please note that the maximum you can charge a tenant for screening services is $49.12.
CONTACT INTELLIRENT FOR
MORE INFORMATION:
415-849-4400
CAPITAL IMPROVEMENTS
The capital improvement interest rates for 3/1/23 through 2/29/24 are listed below:
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.
ALLOWABLE RENT INCREASES
2023 - 2024: 3.6%
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.
2006-2007 $11.00
2005-2006 $10.00
2004-2005 $11.00
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
SFAA Professional Services Directory
1031 TAX DEFERRED EXCHANGE SERVICES
FIRST AMERICAN EXCHANGE COMPANY
Lisa Jackson 415-244-1339 lisajackson@firstam.com
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
Yat-Cheong Au 408-298-8888 Ext: 188 sales@aec-alarms.com
ARCHITECTURE
OPENSCOPE STUDIO ARCHITECTS
Mark Hogan 415-891-0954 yatcheong@aec-alarms.com
Q ARCHITECTURE
Dawn Ma 415-695-2700 www.que-arch.com
ASSOCIATIONS
PROFESSIONAL PROPERTY MANAGEMENT ASSOCIATION
Renee A. Engelen www.ppmaofsf.org renee@hrhrealestate.com
ATTORNEYS
BARTH CALDERON, LLP
Paul Hitchcock 415-577-4685 Paul@barthattorneys.com
All languages welcome
BORNSTEIN LAW
Daniel Bornstein, Esq. 415-409-7611 www.bornstein.law
CHONG LAW
Dolores Chong 415-437-7807 chongdolores@earthlink.net
DOWLING & MARQUEZ, LLP
Jak S. Marquez 415-977-0444 x232 www.dowlingmarquez.com
Spanish
FRANK KIM ESQ., EVICTION ASSISTANCE
Jo Biel 415-752-6070
Spanish, Korean, Cantonese and Mandarin
KIMBALL, TIREY & ST. JOHN LLP
Kelli Dodson 800-525-1690
kelli.dodson@kts-law.com www.kts-law.com
FRIED, WILLIAMS & GRICE CONNOR
Clifford E. Fried 415-421-0100 www.friedwilliams.com
French, Spanish and Portuguese
HERZIG & BERLESE
Barbara Herzig 415-861-8800 bherzig@hbcondolaw.com
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 KOSTER & LEADBETTER, LLP
Denise Leadbetter 415-713-8680 denise@kosterleadbetterlaw.com www.kosterleadbetterlaw.com
LAW OFFICE OF MICHAEL HEATH
Michael Heath 415-931-4207
Mheath_law@sbcglobal.net
Mandarin
LAW OFFICE OF EDWARD KAIGH, PC
Edward Kaigh 917-406-6063 edward@kaighlaw.com
LAW OFFICES OF SCOTT T. OKAMOTO
Scott T. Okamoto 415-766-5871 www.scottokamotolaw.com
LAW OFFICE OF JULIANA E. PISANI
Juliana Pisani 415-800-7562
Juliana@jpisanilaw.com
Italian
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
MASTROMONACO REAL PROPERTY LAW GROUP
Leonard Mastromonaco 415-354-2702 len@mastrolawgroup.com
MCLAUGHLIN SANCHEZ, LLP
Michael McLaughlin 415-655-9753 www.msllp.law
NIVEN & SMITH
Leo M. LaRocca 415-981-5451 leo@nivensmith.com
REUBEN, JUNIUS & ROSE, LLP
Kevin Rose 415-567-9000 www.reubenlaw.com
SHEPPARD-UZIEL LAW FIRM
Jaime Uziel 415-296-0900 ju@sheppardlaw.com
STEVEN ADAIR MACDONALD & ASSOCIATES, PC
Steven Adair MacDonald 415-956-6488
www.samlaw.net
sam@samlaw.net
Mandarin, Cantonese & Spanish
WASSERMAN
Dave Wasserman 415-567-9600
Dave@wassermanoffices.com
www.davewassermansf.com
WIEGEL LAW GROUP
Andrew J. Wiegel 415-552-8230
www.wiegellawgroup.com
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
COMMERCIAL/RETAIL LEASING SERVICES
BLATTEIS REALTY CO.
David Blatteis 415-981-2844
www.sfretail.net
CONSTRUCTION
PODS
Chad Schutt 310-270-5127
cschutt@pods.com
CONSULTANTS: PERMITS & PLANNING
EDRINGTON AND ASSOCIATES
Steven Edrington 510-749-4880
steve@edringtonandassociates.com
CONTRACTORS
DECK & BALCONY INSPECTIONS, INC.
Dan Cronk 916-548-6943
dan@deckandbalconyinspections.com
CORPORATE RENTALS
AMSI
Robb Fleischer 415-447-2020
www.amsires.com
CREDIT REPORTING
INTELLIRENT
Cassandra Joachim 415-849-4400
www.myintellirent.com
DRAIN SERVICES
PRIBUSS ENGINEERING, INC.
Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
EMERGENCY SERVICES
THE GREENSPAN CO./ ADJUSTERS INTERNATIONAL
Rebecca Holloway 707-540-5584 rebecca@greenspan-ai.com
ENERGY SERVICES
ARMADA POWER
RECOLOGY SUNSET SCAVENGER
Dan Negron 415-330-2911 recologysf.com
VALET LIVING
Briana Sellers 813-613-5073 briana.sellers@valetliving.com www.valetliving.com
HUMAN RESOURCES
INTERSOLTUTIONS, LLC jhong@intersolutions.com
INSURANCE COMPANIES
ARM MULTI INSURANCE SERVICES
WEST COAST PROPERTY MANAGEMENT
Joseph Keng 415-885-6970 ext. 101 www.wcpm.com
MEDIATION
THE BAR ASSOCIATION OF SAN FRANCISCO CONFLICT INTERVENTION SERVICE
Scott Goering 415-782-8940 sgoering@sfbar.org
PACKAGE SERVICE
FETCH
Dan Beary 978-503-9540 dbeary@fetchpackage.com
David Myers
614-918-7493 dmyers@armadapower.com
ENVIRONMENTAL CONSULTING
P.W. STEPHENS ENVIRONMENTAL
Sheri Buenz 510-651-9506 sherib@pwsei.com
FACADE INSPECTIONS
BORNE CONSULTING 415-319-4789 www.borne-consulting.com
FIRE ESCAPE INSPECTION & MAINTENANCE
ESCAPE ARTISTS
Ben Maxon 415-279-6113 www.sfescapeartists.com
GREAT ESCAPE SERVICES
Terry Walsh 415-566-1479 www.greatescapeservice.com
FIRE PROTECTION CONTRACTORS
AEC ALARMS
628-208-0188 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
PRIBUSS ENGINEERING, INC.
Selina Pribuss 650-588-0447 selina.p@pribuss.com www.pribuss.com
FLOORING
DECK & BALCONY INSPECTIONS, INC
Dan Cronk 916-548-6943 dan@deckandbalconyinspections.com
GARBAGE COLLECTION SERVICES
RECOLOGY GOLDEN GATE RECYCLING
Minna Tao 415-575-2423 recologysf.com
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
INTERNET SERVICES PROVIDERS
COMCAST/XFINITY
Michael Juliano 925-495-9922 www.xfinity.com
LENDING / FINANCIAL SERVICES
FIRST FOUNDATION BANK
Michelle Li 415-794-2176 www.ff-inc.com
LENDING / FULL SERVICE BANKS
LUTHER BURBANK SAVINGS
Gabriel Basso 510-601-2400 www.lutherburbanksavings.com
LENDING / INSTITUTIONS
CHASE COMMERCIAL TERM LENDING
Sharon Groenendyk 415-315-8464 www.chase.com/commercialbanking
LOCKSMITHS
CROWN LOCK & HARDWARE
Joe Schoepp 415-221-9086
MAINTENANCE REPAIR SERVICE
GREENTREE MAINTENANCE
Yvonne Figueroa 415-854-9495 Figueroa@veritasinv.com
MAVEN MAINTENANCE, INC.
Craig Lipton 415-829-2207 www.mavenmaintenance.com
OGREENA
Christopher Sheilds 510-899-0238 jenniferbenassi@ogreena.com
PAINTING CONTRACTORS
KRUITPAINTING, INC.
Pieter Kruit 415-254-7818 www.kruitpainting.com
PAC WEST PAINTING INC.
Brian Beaulieu 415-457-0724 www.pacwestpaintinginc.com
PETERS PAINTING SERVICES
Peter Pantazelos 415-647-4722 www.peterspainting.com
TARA PRO PAINTING INC.
Brian Layden 415-822-2011 www.tarapropainting.com
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
BANNER PEST SERVICES
Brad Erekson 650-678-2300 brad@bannerpc.com www.bannerpc.com
CROWN & SHIELD PEST SOLUTIONS-PREMIER
Aurora Garcia-Vidaca 415-893-9551 www.crownandshieldpestsolutions.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
Larry Bustillos 415- 651-4977 larry@rl.plumbing www.rlplumbingsanfrancisco.com
URGENT ROOTER AND PLUMBING INC.
Albert Lee 415-387-8163
urgentrtr@sbcglobal.net
PROJECT MANAGEMENT
MELGAR REAL ESTATE SERVICES
Suzy Melgar 650-745-8186 info@mresbayareahomes.com
PROPERTY MANAGEMENT
2B LIVING
Brooks Baskin 650-763-8552 brooks@twobliving.com www.twobliving.com
ABACUS PROPERTY MANAGEMENT
Timothy Cannon 415-841-2105 tim@sanfranrealestate.com www.abacuspropertymanagement.com
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
ANCHOR REALTY
Mark Campana 415-621-2700 mark@anchorealtyinc.com www.anchorealtyinc.com
ARTAL PROPERTIES
John Artal 415-647-4400 artalproperties@gmail.com www.artalproperties.com
BARBAGELATA REAL ESTATE COMPANY
Paul Barbagelata 415-566-1112 paulb@realestatesf.com info@realestate.com
BAY PROPERTY GROUP
Anna Katz 510-836-0110 anna@baypropertygroup.com www.baypropertygroup.com
BAYVIEW PROPERTY MANAGERS
James Blanding 415-822-8793 xt.4 bayview60@comcast.net www.bayviewpropertymanagers.com
BEAM PROPERTIES, INC.
Darius Chan 415-254-8679 darius@sfbeam.com
BLVD RESIDENTIAL
Debbie Brackett 650-328-5050 dbrackett@blvdresidential.com www.blvdresidential.com
Property Management Members
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 110.
ADVENT PROPERTIES, INC.
Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com
AMSI
Robb Fleischer 415-447-2020 www.amsires.com
CECCHINI REALTY CO.
Dante Cecchini, CCRM 415-550-8855 www.cecchinirealty.com
CITYWIDE PROPERTY MANAGEMENT
Carol Cosgrove 415-552-7300 www.citywidesf.com
DEWOLF
William Talmage 415-221-2032 www.dewolfsf.com
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 www.jwavro.com
LINGSCH REALTY
Natalie M. Drees 415-648-1516 www.lingschrealty.com
PAUL LANGLEY COMPANY
Misha Langley 415-431-9104 x 301 misha@plco.net
PONTAR REAL ESTATE
Merri Pontar 415-421-2877 www.pontarrealestate.com
PROGRESSIVE PROPERTY GROUP
Dace Dislere & Joe Gillach 415-515-4329 PROPERTY MANAGEMENT SYSTEMS
Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net
REAL MANAGEMENT COMPANY
J.J. Panzer 415-821-3167 www.RMCsf.com
S&L REALTY
Robert Link 415-386-3111 www.slrealty-sf.com
STRUCTURE PROPERTIES
Corey Eckert 415-794-0064 www.structureproperties.com
SUTRO PROPERTY MANAGEMENT, INC.
Salman Shariat 415-341-8774 www.sutroproperties.com
VERTEX PROPERTY GROUP
Craig Berendt 415-608-3050 vertexsf.com
WEST & PRASZKER REALTORS
Michael Klestoff 415-661-5300 www.wprealtors.com
WEST COAST PROPERTY MANAGEMENT
Eric Andresen 415-885-6970 www.wcpm.com
VESTA ASSET MANAGEMENT
Paul Griffiths 415-994-3033 paul@vesta-assetmanagement.com
BROOKFIELD PROPERTY GROUPPRESIDIO LANDMARK
Jon King 855-327-5376
jon.king@brookfieldproperties.com
CITYWIDE PROPERTY MANAGEMENT
Carol Cosgrove 415-552-7300 www.citywidesf.com
DEWOLF REALTY CO. INC.
William A. Talmage 415-221-2032 www.dewolfsf.com
EBALDC
Felicia Scruggs 510-287-5353
FScruggs@ebaldc.org
GAETANI REAL ESTATE
Paul Gaetani 415-668-1202 www.gaetanirealestate.com
GEORGE GOODWIN REALTY, INC.
Chris Galassi 415-681-1265 www.goodwin-realty.com
GREENTREE PROPERTY MANAGEMENT
Scott Moore 415-828-8757 www.greentreepmco.com
GM GREEN REAL ESTATE INC.
George Green 415-608-6485 ggreen@gmgreen.com www.gmgreen.com
GORDON CLIFFORD PROPERTIES, INC.
Patrick Clifford 415-613-7694 patrick@gcpropertiessf.com
HOGAN & VEST INC.
Simon Wong 415-421-7116 hoganvest.com
HRH REAL ESTATE SERVICES CORPORATION
Renee A. Engelen 415-810-6020 www.hrhrealestate.com
INCOME PROPERTY SPECIALISTS
Clayton Llewellyn 408-446-0848 www.ipsmanagement.cc
JACKSON GROUP PROPERTY MANGEMENT, INC.
Raymond Scarabosio 415-608-8300 ray@jacksongroup.net
JAMES D. MULLIN REAL ESTATE BROKER
James D. Mullin 415-470-0450 jamesdmullinre@gmail.com
JD MANAGEMENT GROUP, INC.
Jonathan Davis 510-387-7792 jonathan.davis@jdmginc.com
LEGACY PTLA LLC
Brent Mustin 510-352-6310
LINGSCH REALTY
Natalie M. Dress 415-648-1516 www.lingschrealty.com
MERIDIAN MANAGEMENT GROUP
Randall Chapman 415-434-9700 www.mmgprop.com
MLCSPACES, INC.
Naeem Farhokhnia 415-273-9861 naeem@mlcspaces.com
MYND MANAGEMENT, INC.
Stacy Winship 510-306-4440 www.mynd.co
NEW GENERATION INVESTMENTS
Jonathan Ng 415-735-8233 jtng.ngi@gmail.com
OPEN WORLD PROPERTIES
Jonathan Daryl Fleming 510-250-0946 jonathan@openworldproperties.com www.Openworldproperties.Com
PAUL LANGLEY COMPANY
Misha Langley 415-431-9104 x 301 misha@plco.net
PILLAR CAPITAL REAL ESTATE
Jonathan Ng 415-885-9584 jonathan@thepillarcapital.com
PONTAR REAL ESTATE
Merri Pontar 415-421-2877 www.pontarrealestate.com
PRIME METROPOLIS PROPERTIES, INC.
Tom Chan 415-731-0303 tomchan@pmp1988.com
PROGRESSIVE PROPERTY GROUP
Dace Dislere 415-794-9727 www.progressivesf.com
PROPERTY MANAGEMENT SYSTEMS
Michelle L. Horneff-Cohen, Broker, CCRM, MPM®, RMP® 415-661-3860 www.propertymanagementsystems.net
RAMSEY PROPERTIES
Brian E. Ramsey 415-474-5175 Brian@RamseyPropertiesSF.com
REAL MANAGEMENT COMPANY
J.J. Panzer 415-821-3167 www.RMCsf.com
ROCKAWAY RESIDENTIAL MANAGEMENT
Kristine Abbey 650-290-3084 www.rockawayresidential.com
ROCKWELL PROPERTIES
Mark Kaplan 415-398-2400 propertymanagement@rockwellproperties.com
RNB PROPERTY MANAGEMENTGOLDEN GATE
Kaveh Gorgani 415-413-3827 kaveh@rnbemail.com www.rnbgoldengate.com
SHAREVEST 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
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
VERTEX PROPERTIESS
Craig Berendt 415-608-3050 craig.berendt@gmail.com
VESTA ASSET MANAGEMENT
Paul Griffiths 415-994-3033 paul@vesta-assetmanagement.com
YMPG
Yelena Gelzer 415-260-6325 yglezer@ympg-management.com
PROPERTY MANAGEMENT
SOFTWARE
APPFOLIO
Mindy Sorenson 888-700-8299 mindy.sorenson@appfolio,com
HEMLANE, INC.
Dana Dunford 385-355-4361 dana@hemlane.com
PROPERTY ATLAS
Serina Calhoun 415-922-0200 serina@mypropertyatlas.com
YARDI
Kelly Krier 805-699-2040 kelly.krier@yardi.com
REAL ESTATE APPRAISALS
MARK WATTS COMMERCIAL APPRAISAL
Mark Watts 415-990-0025 www.markwattscommercialappraisal.com
REAL ESTATE BROKERS & AGENTS
BERKSHIRE HATHAWAY FRANCISCAN PROPERTIES
Edward Milestone 415-994-5969 MilestoneRealEstateSF@gmail.com
BIG TREE PROPERTIES
Evan Matteo 415-305-4931 evan@bigtreeproperties.com
CHUCK & ASSOCIATES
Kevin Chuck 415-595-5832 chuckassoc@gmail.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
Tim Johnson 415-710-9000 tim.johnson@compass.com www.timjohnsonsf.com
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
Jay Greenberg 415-378-6755 jay@jayhgreenberg.com
COMPASS COMMERCIAL
Mirella Webb 415-640-4133 mirella.webb@compass.com
CORCORAN GLOBAL LIVING COMMERCIAL
Terrence Jones 415-786-2216 terrence@terrencejonesSF.com www.terrencejones.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 415-370-7077 jason@iconsf.com
KENNEY & EVEREST REAL ESTATE, INC.
Everest Mwamba 415-902-3411 maureen@kenneyrealestate.com
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
MAVEN PROPERTIES
Matthew Sheridan matt@mavenproperties.com
MORGAN REAL ESTATE ADVISORS, INC.
Laurence Morgan 415-300-6503 laurence@morganrealestateadvisor.com www.morganrealestateadvisor.com
S&L REALTY
Robert Link 415-386-3111 www.slrealty-sf.com
STEELE PROPERTIES
Ryan Steele 415-881-7762 ryan@steeleproperties.com www.steeleproperties.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
VANGUARD PROPERTIES
Dimitris Drolapas 415-531-9659 dd@vanguardsf.com
REAL ESTATE INVESTMENTS
CITY REAL ESTATE
Arthur Tom 415-987-6788 art@cityrealestatesf.com cityrealestatesf.com
COMPASS COMMERCIAL BROKERAGE
Trigg Splenda 415-593-8616
sfaa sfaa 2023 membership application
KENNEY & EVEREST REAL ESTATE, INC.
Everest Mwamba 415-902-3411
maureen@kenneyrealestate.com
MARCUS MILLICHAP
Clinton C. Textor III 415-425-9123
www.marcusmillichap.com
REFINISHING / RESURFACING SERVICE
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.
San Francisco Apartment Association
MIRACLE METHOD OF SAN FRANCISCO NORTH
Jamie Munoz 415-673-4211
MiracleMethodSFO@gmail.com
www.miraclemethod.com/San-Francisco
RENT BOARD PETITIONS
PROPERTY MANAGEMENT SYSTEMS
Michelle L. Horneff-Cohen 415-661-3860
www.propertymanagementsystems.net
RENT RAISERS
Michelle Horneff-Cohen michelle@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
COSTAR
Aj Herlitz 844-459-1495 www.costargroup.com aherlitz@costar.com
HRH REAL ESTATE SERVICES CORPORATION
Renee A. Engelen 415-810-6020 www.hrhrealestate.com
REALPAGE
Stacey Blackwell 972-820-3015 stacey.blackwell@realpage.com www.realpage.com
ZUMPER, INC.
Connor Hodges 949-702-1508 connor@zumper.com www.zumper.com
RESIDENTIAL LEASING
GORDON CLIFFORD PROPERTIES, INC. PatrickClifford 415-613-7694 patrick@gcpropertiessf.com
HAMILTON FAMILY CENTER Mayo Lunt 510-763-8540 x230 www.hamiltonfamiles.org
HRH REAL ESTATE SERVICES CORPORATION
Renee A. Engelen 415-810-6020 www.hrhrealestate.com
J. WAVRO ASSOCIATES
James Wavro 415-509-3456 www.jwavro.com
KENNEY AND EVEREST REAL ESTATE, INC.
Maureen Kenney 415-929-0717 maureen@kenneyrealestate.com
LINGSCH REALTY
Natalie M. Drees 415-648-1516 www.lingschrealty.com
RELISTO
Eric Baird 415-236-6116, x101 www.relisto.com eric@relisto.com
RENTALS IN S.F.
Jackie Tom 415-409-3263 www.rentalsinsf.com
RENTSFNOW
Stephanie Versin sversin@veritasinv.com www.rentsfnow.com
STRUCTURE PROPERTIES
Corey Eckert 415-794-0064 www.structureproperties.com
VERTEX PROPERTIES
Craig Berendt 415-608-3050 www.berendtproperties.com
ZUMPER, INC
Connor Hodges 949-702-1508 connor@zumper.com www.zumper.com
ROOFING
AGUILERA CONSTRUCTION & ROOFING
Javier Aguilera 707-495-3932 javier@aguileraco.com
SECURITY
KASTLE SYSTEMS
Michael Madisan 415-828-2157 mike.madisan@kastle.com
SECURITY DEPOSITS
THE GUARANTORS
Alexandra Nazaire 212-266-0020 alexandra.nazaire@theguarantors.com www.theguarantors.com
SEISMIC RETROFIT & STRUCTURAL ENGINEERING
BAI CONSTRUCTION
Behnam Afshar 510-595-1994, x101 www.baiconstruction.com
W. CHARLES PERRY
Charles Perry 650-638-9546 www.wcharlesperry.com
WEST COAST PREMIER CONSTRUCTION, INC.
Homy Sikaroudi, PhD, PE 510-271-0950 www.wcpc-inc.com
STAFFING
BG MULTI-FAMILY
Shannon Valentino 714-654-9498 svalentino@bgmultifamily.com
SUBMETERS
LIVABLE
Daniel Sharabi 415-937-7283 www.livable.com
TENANT PLACEMENT & LISTING
CAZERIA, INC
Julia D’Antonio 415-754-5373 julia@cazeira.com
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
Please note that acceptance of associate membership does not necessarily constitute any endorsement or recommendation,
Of course, there are people who murder and rape, people who do terrible things, who demonstrate they will never change, and we have to handle those cases a certain way. But for most of our offenders, it’s figuring out how to communicate that their conduct is not okay, while providing tools so they don’t simply cycle back to us.
For me, social justice means making sure our attorneys are connected to community-based organizations and treatment programs that allow us to route people into those programs responsibly. Where we have court oversight and supervision to ensure that people are following through with their programs.
Right now, I’m working to responsively and safely move the ball on alternatives to incarceration. So offenders have a chance to move their lives forward because we want to stop the cycle. The way we help San Francisco is to stop that criminal cycle. If we just keep penalizing somebody, putting them back out, or even if we keep them sitting for six months and put them back out with no tools to succeed, they’re just going to commit another crime and come back.
Pam McElroy: How can San Francisco residents help you with your efforts and plans for the city?
DA Jenkins: I hope residents continue to set up meetings with me. Hearing about the challenges in each neighborhood helps me prioritize. It informs me when there aren’t enough police in a certain area, or when there’s a recurring issue.
When community members engage with us through community-related meetings, government officials understand what the community wants and needs.
Our city will never be pro-law enforcement. I understand that. But people are realizing that we serve a very important function in this city, and that function requires investment. We can no longer say we expect safety, but then not invest in the agencies and services that provide it.
For far too long, my office has been overlooked with respect to funding. We’re struggling to get three additional lawyers to work on narcotics. We need the community to vote and voice to their representatives that safety is a priority.
Pam McElroy: It’s clear you’re passionate about your work! What led you down this career path?
DA Jenkins: It’s a personal story, actually. I never planned on being a prosecutor; it never crossed my mind when I was entering law school, or even when I graduated from law school. I ended up going into corporate law and going through the motions for many years—until the death of my firstborn
child, which, as you can imagine, changed everything. I had to figure out what my purpose was going to be every day. I thought it was being a mother, but I had to quickly accept that that was not the case at the time. I wanted something that got me out of bed every day, to connect with people when it was easy to withdraw.
I had met two Black prosecutors in another county before this tragedy happened. They seemed to love what they were doing, to feel like they were making a big impact. And that had planted a seed.
After the death of my son, I thought I could be an advocate for parents who have had to bury their children. Knowing I understood their pain. I volunteered first, and I knew very quickly that it was more than just a job for me. It became a passion. That’s how I got into this work.
Pam McElroy: If you could wave a magic wand and change anything about the city, without any roadblocks, what would it be?
DA Jenkins: For the city to invest more in the DA’s office, on preventing crimes from happening in the first place. There are so many things we want to do but lack the resources—both on a prosecution side and having people who can do community work.
We need to focus on intervention and prevention in addition to prosecution. It requires community involvement and investment, especially in our youth and transitional-age-youth population. The resources are limited, and when I look at other counties, that’s not the case.
I would remove hurdles to having more attorneys, for internship programs to bring young people into this office, to learn about opportunities to rise beyond their circumstance and become the district attorney, become something that they never thought about.
Pam McElroy: Is there anything you’d like to communicate to members of the San Francisco Apartment Association?
DA Jenkins: Our economy depends on public safety—I don’t think many people recognized that connection before now. At the very least, they didn’t acknowledge it publicly.
I recognize that connection. Every day, I seek to improve our streets so our economy can thrive, and that means people buying homes, people moving here and renting apartments. It means tourism returning so that our businesses succeed.
People want to move to San Francisco because it is a great city. But no one wants to come if every perception and every reality
SAN FRANCISCO SHERIFF’S OFFICE Q&A
SF APARTMENT MAGAZINE: What are the priorities of the Sheriff’s department?
SAN FRANCISCO SHERIFF’S OFFICE: The priorities of the San Francisco Sheriff’s Office (SFSO) are best summarized in our strategic plan, which guides our year-to-year goals and tracks the progress of our office:
• Protect San Francisco
• Engage San Francisco
• Improve organizational accountability
• Modernize technology
• Enrich training
• Maximize workforce potential
SFAM: Can you tell us about staffing difficulties at the department? How are staffing shortages impacting your work?
SFSO: Staffing continues to be a struggle for the department. We are currently operating far below our authorized staffing limits. This drastically affects our work, requiring mandatory overtime for many employees to meet SFSO staffing minimums. Additionally, many programs have been suspended or are operating under reduced schedules. SFSO is working hard to remedy this using digital advertising, job fairs, and community engagement to expand our applicant pool.
Over the last year, we began making strides in hiring for these positions, and we will continue through 2023. If you or anyone you know are interested in joining the SFSO as a deputy, please check out our website at: sfsheriff.com > Join Our Team.
SFAM: What is the Sheriff’s department’s role in San Francisco? What does the department oversee?
SFSO: The San Francisco Sheriff’s Office has four different divisions. Our public safety mission in law enforcement extends into the below areas.
SFSO oversees our county jails. Anyone incarcerated in the City and County of San Francisco falls under the custody and care of the SFSO.
A large portion of our responsibilities is our in-andout-of-custody programs. Our most extensive out-ofcustody program is the Pre-Trial Electronic Monitoring (PTEM), but we have a long list of additional programs, like the No Violence Alliance, which provides case management services to promote independence and
quality of life by coordinating appropriate services with constant and on-going support as needed by the client.
You can learn more about our in-and-out-of-custody programs on our website: sfsheriff.com > Programs and Events > All Programs.
SFSO also serves local warrants, provides law enforcement services for public buildings and courts, and oversees ballot collection to ensure we have safe and secure elections.
Finally, our Civil Unit provides the following services:
• General process (personal/substitute service)
• Summons and petitions
• Wage garnishments
• General process (personal/substitute service)
• Summons and petitions
• Wage garnishments
• Bank levies
• Third-party levies
• Civil bench warrants
• Restraining orders
• Notice of hearings
• Out-of-state summons
• Small claims
• Evictions
SFAM: Are there updates or recent changes to how the department handles evictions?
SFSO: The San Francisco Sheriff’s Office Civil Section serves civil processes in the manner prescribed by law and performs civil enforcement duties with integrity and without prejudice or bias in accordance with local, state, and federal laws and statutes.
SFAM: How has the apartment recovery process changed since COVID? What is the process now?
SFSO: SFSO’s role in civil enforcement continues as that of a neutral party, acting only on a lawful court order. Our administrative process has not changed and is governed by the California Code of Civil Procedure. Most procedures and laws governing the service and execution of civil process are outlined in said code.
is that they are not safe. Our priority is to make sure that people are safe and that our economy can thrive.
Pam McElroy: What’s your favorite way to spend a day off in San Francisco?
DA Jenkins: Any moment I have to spend with my children, particularly on the weekends, we love to get out. My daughter usually has a soccer or basketball game. Afterward, we’ll find a restaurant or somewhere to get ice cream.
We like to eat at taquerias in the Mission. My kids and I—not so much dad—like to shop in Union Square. One of our favorite things to do is go down there and find toys at a little toy shop.
We live in Mission Bay, and I love how walkable the neighborhood is. I like going to the food trucks or walking to Chase Center or to a park. I really love our neighborhood.
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. Email Maria with questions for the panel: maria@sfaa.org
SFAA Landlord Expo
Come join SFAA and local rental property owners for a free educational event covering all things multifamily housing. Hear from the Department of Building Inspection, the San Francisco Fire Department, and the San Francisco Rent Board. The event will end with a Member Appreciation happy hour where you can chat with vendors. The event will take place on May 18, 2023, at the Fort Mason Center. Turn to page 39 for more details, or visit sfaa.org
SFAA Updates
Members are welcome to make an appointment to visit SFAA office with questions. However, please refrain from coming in person if you have tested positive for, were exposed to, or have symptoms of COVID-19.
The best way to have your questions answered is through email: MemberQuestions@sfaa.org. And just a friendly reminder: timely payment of membership dues is the best way to help the association help you.
Annual 2023-2024 Rent Increase
For rent-controlled units, annual allowable increase amount effective March 1, 2023, through February 29, 2024, is 3.6%. This amount is based on 60% of the increase in the Consumer Price Index for All Urban Consumers in the Bay Area, which was 6% as posted in November 2022 by the Bureau of Labor Statistics.
To calculate the dollar amount of the 3.6% annual rent increase, multiply the tenant’s base rent by .036. For example, if the tenant’s base rent is $2,000.00, the annual increase would be calculated as follows: $2,000.00 x .036 = $72.00. The tenant’s new base rent would. be $2,072.00 ($2,000.00 + $72.00).
To learn more about the San Francisco Rent Board, call 415-252-4602 or go to sfrb.org.
sfaa rental forms
2023 Spring CCRM Webinar Series Schedule &
Upon registration the Zoom link will be emailed to the student Class is every Tuesday
To Register Online: www.sfaa.org Call: 415-255-2288 x.110 Email: maria@sfaa.org
Local Association ID Number:
Information: o Credit Card o Mailing Check o Series Invoicing (members only benefit)
Credit card number: Exp. Date Signature: 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)
What You Need to Know
sfaa sfaa 2023
lives on site, or to a tenant who is looking for a roommate.
Credit Reports
SB 267 by Senator Susan Eggman (DStockton) would limit a landlord’s use of credit reports when screening prospective tenants with Section 8 housing vouchers or other government rent subsidies.
The bill would only allow the use of credit reports when a voucher or other government rent subsidy is present if the landlord offers the applicant a chance to show other evidence of their ability to pay the rent. If the applicant does so, the landlord would have to consider that evidence in lieu of the applicant’s credit history in deciding whether to proceed with the tenancy.
Last year, a nearly identical bill by Eggman died in the Assembly Housing Committee amid opposition from the California Apartment Association.
Security Deposits
UPCOMING CLASSES
Monthly SFAA member meetings and classes are held virtually and in-person. For member meeting topics and schedules, go to www.sfaa.org. For a list of virtual SFAA classes, turn to the calendar on page 44.
SFAA OFFICE CLOSURE
As the SFAA continues a hybrid in-office work model, members are welcome to make an appointment. However, please refrain from coming in person if you have tested positive for, were exposed to, or have symptoms of COVID-19. The best way to have your questions answered is through email at MemberQuestions@sfaa.org.
AB 12 from Assemblymember Matt Haney (D-San Francisco) would further limit the amount of money a landlord can collect for a security deposit in California. AB 12 would cap security deposits at an amount equal to one month’s rent for all types of housing.
At present, an owner can collect an amount equal to two months’ rent for an unfurnished unit, and three months’ rent for a furnished unit.
The California Apartment Association has expressed serious concerns with the bill, which comes on the heels of a pandemic that forced countless rental housing owners to provide housing without compensation.
Today, when tenants don’t fulfill their obligations, even the current caps on security deposits don’t cover the owner’s costs. Security deposits are even more important these days, as recently passed California laws have restricted what a
property owner can see when reviewing a prospective tenant’s credit history. This forces owners to enter rental agreements with fewer assurances that the rent will be paid.
Screening Fees
Amid opposition from the California Apartment Association, a State Assemblymember has withdrawn a pair of bills that together would have placed new limits on tenant screening fees and required that landlords provide further notice before raising rents.
AB 485 by Assemblymember Laurie Davies (R-Dana Point) would have changed California’s tenant-screening law by capping the fee a rental property owner can collect from a tenant-applicant at $40. Moreover, it would have eliminated annual adjustments based on inflation.
In 1996, CAA sponsored California’s tenant screening law, which standardized the cost of screening fees. The law initially capped the screening fee at $30 for each applicant, although that fee has increased annually based on changes in the Consumer Price Index. Today, the cap is $55.58; however, a rental property owner may not charge more than the cost of the consumer credit report and the owner’s time to validate, review, or otherwise process an application.
The other bill shelved by Davies, AB 500, would have required property owners to provide tenants with at least 90 days’ notice before raising the rent, regardless of the amount. At present, landlords must provide 30 days’ notice for rent increases of 10% or less, and 90 days’ notice for increases above 10%.
For more information about these bills and other bills introduced by the California legislature, go to CAA’s website at www.caanet.org
Ways to Connect.
NERT
NEIGHBORHOOD EMERGENCY RESPONSE TEAM (NERT)
Get prepared and be involved. NERT is a communitybased training program that takes a neighbor-helping-neighbor approach, creating lifelines between families, neighbors, and San Francisco’s emergency responders.
NERT is a free training program for individuals, neighborhood groups, and community-based organizations in San Francisco. Individuals learn the basics of personal preparedness and prevention. Participants learn hands-on disaster skills that will help them as members of an emergency response team and/or as a leader directing untrained volunteers during an emergency, allowing them to act independently or as an adjunct to City emergency services.
Enrollment is easy! Want to host a NERT training in your San Francisco building or neighborhood? Classes will be scheduled based on program need and location. To request a class, you must have thirty sign-ups and an ADA compliant space able to accommodate at least eighty people.
Neighborhood Emergency Response Team (NERT) (415) 970-2022
SFFDNERT@sfgov.org
NERT Class Sign-Up Hotline (415) 970-2024
Check Out What’s New at SFAA!
The San Francisco Apartment Association is your rental housing resource. SFAA has been working round-the-clock educating, advocating for, and supporting the rental housing community so that its members operate ethically and fairly.
1. SFAA’s New and Improved Website Is Live!
Our new website makes it easier than ever to access the information, market surveys, education, and forms you need to manage your rental properties. The streamlined website allows SFAA members to quickly sign up for classes, access preferred vendors, and get legislative updates. Go to sfaa.org today!
2. SF Apartment Magazine is Now Available Digitally!
The official publication of SFAA, SF Apartment Magazine reaches approximately 6,000 readers in print each month. Now that the publication is accessible digitally, members can access the invaluable content from anywhere—and advertisers have an even broader reach. Go to sfaa.org/magazine today!
Interested in advertising?
Your ad will appear in the feature-length magazine, alongside articles written by San Francisco’s top landlord attorneys, industry professionals, and small rental property owners. With a readership of rental property owners and industry professionals, your ad will reach the right targeted audience to grow your business.
TO MOST PEOPLE, THIS IS JUST A TYPICAL MIDCENTURY MODERN
TO YOU, IT’S YOUR THREE KIDS’ COLLEGE EDUCATION.
We know the properties we manage mean more to owners like you than meets the eye. That’s why, for over 70 years and across three generations of our 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.