SF Apartment Magazine July 2023

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SF APARTMENT magazine

San Francisco Apartment Association Office

265 Ivy Street San Francisco, CA 94102

Tel 415-255-2288 Fax 415-255-1112

Email memberquestions@sfaa.org

Web www.sfaa.org

SFAA Staff

Executive Director Janan New Deputy Director Vanessa Khaleel

Education Specialist Stephanie Alonzo

Government and Community Affairs Charley Goss

Marketing Lara Kisich

Member Services 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 7

JULY 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.

Exceptional Expo

First Annual SFAA Expo

SFAA’s first annual Landlord Expo was a day packed with invaluable education, in-person networking, and updates from the City and Rent Board. Long-time colleagues and those newly acquainted made the most of their time at the Fort Mason Center, sharing stories, keeping up with new legislation, and just enjoying one another’s company. The free event was open to the general public.

“It was great to see so many familiar faces meeting in person for the first time in years, and to make some new friends as well, as we all focused on best practices in this vital industry,” said Zacks & Freedman Attorney Justin A. Goodman, an event sponsor and a participant on the well-attended Legal Q&A Panel.

In addition to the Legal Q&A Panel, attendees received updates and answers to their questions from a variety of industry experts, including Charley Goss, SFAA’s director of government affairs who took the stage first to address habitability issues; Jennifer

Rakowski of the San Francisco Rent Board, who spoke about the City’s Unit Registry; Angela Lowery of the San Francisco Public Utilities Commission, who discussed current and future projects and potential rate increases; Scott Gearing and Chelsea Kaplan from the SF Bar Association’s Conflict Intervention Services program, who talked about mediation and taught attendees how to ask tenants open-ended questions to improve communication and landlord-tenant relationships; and Tomie Kato of the San Francisco Fire Department, who answered questions about the quickly approaching fire alarm upgrade deadline.

“We had a great turnout of property owners and managers who care about doing the right thing. People who take pride in providing quality housing and creating a meaningful connection with industry leaders,” said Clifford Fried of Fried, Williams, and Grice Conner, LLC.

Attendees weren’t the only ones who benefited. Sponsors of the event

made the most of the day, getting to know potential clients and other industry professionals.

“The SFAA Landlord Expo was a rewarding event where we were able to have meaningful conversations with landlords, property owners, and property managers and to introduce our services to help them comply with governmental requirements. I’m always amazed with how SFAA fosters so much camaraderie within the community and how there is a sincere and genuine concern for each other, where everyone is willing to share experiences and knowledge for the wellbeing of the group,” said Yat-Cheong Au, event sponsor and owner of AEC Alarms.

J. J. Panzer, SFAA President and owner of The Real Management Company, had a similar experience. “The SFAA Landlord Expo was a success! It was well-attended and we had some very helpful, informative presentations, and our wonderful exhibitors were a great resource for all of us. Thanks to the SFAA staff for their efforts in bringing it all together for us!”

Turn to page 58 for photos of the event.

Small Business Boost

Mayor London N. Breed, City Attorney David Chiu, and Board President Aaron Peskin announced a series of upcoming events in Chinatown to attract residents and visitors to shop and dine in the neighborhood this summer. The scheduled events are part of ongoing investments, which include the City’s Shop Dine SF initiative, a campaign that encourages residents and visitors to shop at local small businesses, dine at restaurants, and get services locally from the small businesses that make San Francisco vibrant.

Local rental property owners and industry professionals connected at SFAA’s first annual landlord expo.

SFAA TROPHY AWARDS

SAVE THE DATE!

Mark October 26, 2023, on your calendar for this year’s big event. The awards show will take place at the St. Regis Hotel in San Francisco.

The Trophy Awards honors the firms, employees, and properties leading San Francisco’s Rental Housing Community. Purchase tickets at sfaa.org/events. For more information, including sponsorship details, email sfaatrophyawards@ sfaa.org

And don’t forget to nominate your favorite industry professional. You can also nominate yourself—no need to be modest! Send nominations to sfaatrophyawards@sfaa.org

This summer and into the fall, the series will also include weekend events on the upper plaza of the Chinatown Rose Pak Central Subway Station.

Craving Chinatown – July 22

This tasty culinary extravaganza event offers a delightful experience as over 30 local eateries to offer an enticing selection of appetizers, entrees, baked goods, desserts, and refreshing beverages.

Hungry Ghost Festival – August 26

This cultural festival honor ancestors and deceased loved ones through various rituals and blessings. By combining traditional customs with contemporary approaches, the festival fosters a deeper understanding and appreciation of Chinese culture while stimulating economic growth within the community.

Chinatown Autumn-Moon Festival –September 23-24

The annual Chinatown Autumn Moon Festival is a popular street fair that

celebrates the abundance of the autumn harvest. Grant Avenue will come alive with vibrant booths selling a variety of goods, while live music and performances will be played throughoutthe day to pay tribute to the arrival of autumn.

Chinatown Dance! – September 30

The exciting fusion of traditional and urban dance arrives this fall! Chinatown Dance! will showcase the captivating blend of cultural heritage and contemporary movement, celebrating the harmonious merging of traditions. Stay tuned for more information.

Chinatown Halloween Festival –October 28

Get spooky at the Chinatown Halloween Festival this fall! Engage in a costume contest, strike a pose at the photobooth, get your face painted, and enjoy many other thrilling activities. It’s an event for all ages to get wild and celebrate Halloween in a uniquely Chinatown way!

For more information, visit: spotlightchinatown.com

World Cup Village in Downtown

The City is partnering with Soccer USA to host free public watch parties for the Women’s World Cup in July and August.

The Women’s World Cup Village kicks off at The Crossing at East Cut on July 21 when Team USA faces off against Vietnam, with an opening celebration, live music, food trucks, and family-friendly activities beginning at 4:00 p.m. The full event series is below:

• July 21: The Crossing at East Cut (USA v Vietnam)

• July 26: Embarcadero Plaza (USA v Netherlands)

• August 5: Golden Gate Park (Round of 16)

• August 10: The Crossing at East Cut (Quarterfinals)

Fire Alarm Upgrade Deadline— July 2023

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 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 52 of the member directory. For more information on the legislation and FAQs, visit sf-fire. org/308-sleeping-area-fire-alarm-requirements

Changes to “Just Cause” Rules

Under AB 1482

The California Senate approved a measure that would restrict the ability of some landlords to take up residence in their own units and hinder their ability to perform essential maintenance work, while also making their properties more difficult to sell.

SB 567 by Senator María Elena Durazo (D-Los Angeles), advanced from the Senate Floor with twenty-one senators voting yes, twelve voting no, and seven abstaining.

The legislation proposes several changes to the “just cause” for eviction provisions in the California Tenant Protection Act of 2019, also known as AB 1482. Notably, the bill redefines a property “owner” as a natural person with at least a 51 percent ownership interest. This could prevent some landlords, particularly those owning property through a family

Write on Cue

written by JUSTIN A. GOODMAN

with “language /2 model chat /2 bot /p unlicensed /s practice /s law” to research whether my assumption above was correct.

IAchatbots leaped into pop culture this year, and since then, nearly every conversation I’ve had with a lawyer about the technology has focused on whether it’ll “replace us.”

(As a joke, I asked Chat GPT to help me “evict” a colleague. With limited input, it put out a reasonably coherent trial brief.)

An AI company actually tried to put this artificial advocacy into practice, contracting with a “pro per” traffic court defendant (one acting as their own attorney) to use their language model, which would listen to the hearing and generate responses in real time to provide a defense in court.

The traffic court stakes were low (nobody was going to jail), and a financial loss for the defendant would surely be worth less than the PR value for the software company. But the crack legal team called off the stunt when state bar prosecutors threatened litigation for the company practicing law without a license. I’m not convinced this was the right call. The defendant had a constitutional right of self-representation, and he was only using the type of tools lawyers have been using for years to reduce the effort and time required to find the “right answer” to a legal problem.

I was one of the last generations of law students to learn “paper research.” Among other things, “the Law” consists of legislative enactments (codes) and judicial opinions (from the court of appeal or Supreme Court). Codes change over time, but their overall scheme is generally fixed in legislative volumes, organized by topic. (For instance, the “code of civil procedure” is where the “unlawful detainer statutes” are located.)

Judicial opinions, on the other hand, represent the adjudication of actual controversies (as opposed to wellorganized, legislative engineering) and are published, as they are issued. Legal research requires a lawyer to find interrelated concepts, knitted together across self-referential cases and codes (it isn’t simply narrated in chronological order), so private legal annotators (like Lexis or Westlaw) index the concepts. In the past, you’d need to research in a physical place, like a library, that was big enough to house centuries worth of volumes for each jurisdiction. You needed to know the name for your concept to use the index, and you needed a lot of time to physically wade through it all.

Fortunately, I was also one of the first generations to learn electronic databases. You still had to know the concept, but you could use Boolean search connectors to ask for all results

Of course, nobody talks like that. About a decade later, these annotators introduced natural language search features. If you didn’t know the concepts or how best to search about them, you could just start with a question. In the quest to find “the right answer,” there was something comforting about being able to search with parameters that would have to be found in a relevant authority and turning up a closed universe of that authority. Natural language searches were more meandering. But they were a good start, and once you found a thread to tug at, you could usually find your way to the core cases and codes that constituted the rule of law.

Recently, targeted advertising started trying to sell me on a software suite that would take this concept one step further. Once it helped you find relevant cases, it would also summarize them and generate a legal brief. While AI companies have been threatened away from entering the courtroom so far, the hype makes you wonder if the only thing protecting lawyers’ livelihood is a litigious trade association, preserving an outmoded model, like taxi medallion owners protesting Uber’s creative destruction.

Surprisingly, some lawyers almost seem to be inviting their obsolescence. This May, a seasoned attorney in New

The fact that language models can produce pleadings doesn’t mean that a lawyer ought to rely on them.

York got into some trouble opposing a motion with AI-generated content. Chat GPT not only generated the argument in the brief but also the case law itself—it literally just made up the cases! To his credit, the attorney asked it if the cases were “real,” and it told him they were. Presumably, AI could be programmed with safeguards to only use real law instead of rendering a compelling brief at all costs (whether legally tenable or not).

This presents the most important difference between lawyers and language models—intentionality. There are certainly plenty of legal tasks that could be automated to generate work product better than an average first-year associate (and at a fraction of the cost). But even a fresh attorney can exercise discretion.

Lawyers are empowered by experience, but we’re driven by ethics. We owe duties to our clients (of course) but also to the public, opposing counsel, and the courts. One essential duty is that of “candor”: we cannot lie to the court about facts or law. We cannot conceal authority we know to be controlling, though adverse to our client’s position. The role of lawyers is to zealously advocate for our clients—not to “win at all costs.” And this ethic is seen throughout civil litigation.

Pleadings (like complaints, answers, and briefs) must be signed by the attorney to indicate that they’re warranted by existing law (or that they present a nonfrivolous argument for a change in law), that the contentions have evidentiary support, and that they are being brought for a proper purpose. Lawyers can be sanctioned for violating these rules, which exist to make lawyers accountable to maintain the integrity of the practice of law. It’s easy to see that the rule of law would implode under the weight of nonsense if an amoral AI was unleashed on civil litigation.

Intention matters. A crucial protection in our practice area is the “litigation privilege.” It applies to communications in judicial proceedings, as well as prelitigation communication that is

contemplated in good faith and under serious consideration. A typical eviction notice would obviously “coerce a tenant to vacate” (tenant harassment under the Rent Ordinance), but the litigation privilege is the reason you can’t generally be sued for serving one. But the privilege isn’t absolute, as a prevailing defendant can sue for “malicious prosecution,” and the losing plaintiff can defend, claiming they relied on advice of counsel. The lawyer isn’t just populating pleadings with legal jargon but is also ensuring it effects a good faith purpose within the current legal landscape.

Language models are essentially auto-fill tools—spectacular ones, to be sure— that use past iterations of language to predict what a human would be likely to say next. They are retroactive instead of forward-thinking, and this matters in navigating the murkier areas of law. For instance, while a notice to pay rent or quit is privileged, the rent increase underlying it is not. (It doesn’t directly relate to litigation.) For decades, a retaliatory increase—one imposed to punish a tenant for exercising their rights— could give rise to liability. On the other hand, a Costa-Hawkins Rental Housing Act rent increase was ostensibly safe ground: even in a rent-controlled jurisdiction, the landlord had the right to set the offer price for deregulated housing, and a tenant who couldn’t afford the rate would need to find alternate housing.

SFAA challenged a San Francisco ordinance penalizing an otherwise lawful, market-based increase, if it “coerced” the tenant to vacate. Unfortunately, the Court of Appeal upheld this as a lawful exercise of the City’s ability to regulate the substantive grounds for eviction. While the law does not require a tenant to agree to a rent increase (the landlord can just serve it unilaterally), attorneys began encouraging a colloquy with the tenant, inviting input on market comparables to create trial exhibits in defense of a claim that the increase bullied them out. This sensibility is important for currently lawful (but arguably questionable) acts as well: as with so many issues in

this industry, the profit motive must be tempered with best practices because our actions provoke regulatory change.

This year’s chatbots are surprisingly sophisticated. They are capable of output that closely resembles lawyer-generated content, and in many cases, their “work product” might be passable. But the product isn’t a goal in and of itself. In an industry where regulators continuously try to chill the exercise of housing providers’ rights, the “why” and “how” matter more than the “what.” The fact that language models can produce pleadings doesn’t mean that a lawyer ought to rely on them to do so (as a competent lawyer would have to retrace those steps anyway). Our industry must continue to be deliberate, thoughtful, and human if we are to remain effective.

Justin A. Goodman is with Zacks & Freedman and can be reached at 415-956-8100.

Open-Door Policy

written by VARIOUS AUTHORS

Q.A tenant is refusing to allow me entry for annual routine upkeep. If the smoke alarms are faulty, can I be held liable?

A.I frequently hear from residential rental property owners and my own clients about “routine inspections” or “annual inspections” or “Fire/ Smoke and/or CO2 Alarm inspections,” etc. While I appreciate that some written rental agreements commonly used in San Francisco and immediate Bay Area locales may include language allowing these types of inspections, it is important to understand the notice protocol associated with inspections, especially (1) if your written rental agreement with the tenant does NOT include language allowing for the “routine inspection” and (2) a tenant refuses entry with your notice—formal or otherwise—of the need for a “Routine Inspection.”

Thus, while many landlords may claim a right to enter a tenant’s unit by providing written notice of a “Routine Annual Inspection” with a future date and time identified, unless—or even with—a written lease provision allowing for same, such an inspection is not allowed by law and a tenant may lawfully negate entry.

Section 1542 of the California Civil Code reflects only six reasons for entry by a landlord:

• To make necessary or agreed-upon repairs, decorations alterations, improvements;

• To supply necessary or agreedupon services;

• To exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors;

• To make an inspection pursuant to subdivision (f) of Section 1950.5 (i.e. sec. deposit inspection);

• When the tenant has abandoned or surrendered the premises;

• Pursuant to court order.

A written Notice of Entry is best hand-delivered to the premises. Place it in the hands of the tenant or other occupant over the age of eighteen. If the notice is provided to an occupant (non-tenant), I also suggest it be posted on the premises door at eye level. I recommend you take a photo of the door posting as well. This confirms formal lawful Notice under the law. Please feel free to send a courtesy copy to the tenant via email, but an email alone does not satisfy the requirements of proper notice under the Civil Code.

Entry for Reasons 4, 5 and 6 listed above are (relatively) self-evident. The

trickier and more common reasons for most owners are Reasons 1, 2 and 3. Note that “routine or annual inspection” is not listed.

Section 35 of the SFAA lease has a particular provision for smoke/fire alarms. Due to the recent changes in the law requiring sound alarm systems to reach sleeping rooms in each unit in case of fire, it is imperative that smoke alarms are inspected, as they may assist in triggering the sounding fire alarm system of for the entire property.

If you have PROPERLY NOTICED

the tenant that the reason for entry is to “make necessary repairs to…or supply necessary service to the smoke/fire alarm as part of the Fire Alarm system of the property” (note the use of the necessary language of Reasons 1 and 2 of the Civil Code) and the tenant has refused, you may be on your way to effectuating a termination of tenancy. And if you intend to inspect with a fire alarm installation contractor or some other appropriate third party worker or contractor, I suggest you incorporate the language of Reason #3 in the Notice of Entry.

Section 37.9(a)(6) of the San Francisco Administrative Code—aka the San Francisco Rent Ordinance—reflects the following as a Just Cause reason for tenancy termination: “The tenant has, after written notice to cease, refused the landlord access to the unit as required by law.”

I am not advocating for the termination of the tenancy. However, a tenant must provide “lawful entry as required by law” to a landlord. A tenant’s refusal of entry based on a properly prepared and served Notice in compliance with Civil Code 1542 is not allowed.

Take the necessary steps to inspect and confirm the safe working order of smoke and fire alarms.

Termination of tenancy due to a tenant’s refusal to allow entry to check fire alarms is an extreme step and a cumbersome process. Landlords are advised to seek counsel should this event transpire.

Note that termination of tenancy is not the goal: proper entry to confirm working fire/smoke alarms is the goal. A landlord denied entry in response to a lawful entry request to a tenant should immediately follow up with written communication that denial of entry is not allowed. You should work with counsel in this event. In communication from counsel, a warning that denial of lawful entry is grounds for tenancy termination. I suggest you work with counsel to properly re-notice the tenant for a second attempt at entry. My experience has always been that entry is then provided.

A landlord’s duty is to provide safe and habitable premises. Taking the necessary steps to inspect and confirm the safe working order of smoke and fire alarms is one of those duties. To be prevented from doing so due to a tenant’s misdeeds may “shift the burden” of liability to a tenant, but the landlord’s action in response must be reasonable.

Were the smoke/fire alarms faulty? If the smoke alarms are somehow inherently faulty, was it due to the tenant’s actions? We do not know. However, it is reasonable for a landlord to “go the extra mile” with tenants refusing entry. Whether or not the landlord is held liable, I suspect a claim against the landlord may be brought, triggering the fire insurance coverage should a fire occur resulting in personal injury or property damage. The cause may ultimately be sorted out via inspections, investigations, etc., as to whom, if anyone, is liable.

As a “landlord attorney,” my very strong recommendation is that the owners or owners’ property managers physically inspect each unit under management routinely. One of the best assessments of a unit’s condition is a personal, physical inspection. While physical presence in an occupied unit was difficult or impossible

during the pandemic “lockdown,” it should no longer be a factor in most cases.

Viewing with your own eyes the condition of a tenant’s unit with peeling paint, a “water-dripping” fixture, hoarding behavior leading to the need for pest control, etc., may be the result of the inspection. However, on another day, your view of pristine cleanliness, and respectful “first class upkeep” may also be your experience, which can be very rewarding for all your hard work, worry, and investment.

—Denise

Leadbetter

Q. I was never able to get a tenant to participate in any rental assistance programs throughout the pandemic. Is it too late to obtain funds?

A.It is not too late. In fact, effective March of 2023, a local City-funded rental assistance program is covering rents that accrued during the past three years. The various rental assistance agencies have differing criteria as to who qualifies for what amounts, but all housing operators with unpaid rent from existing tenancies are urged to seek cooperation from their residents to complete and submit rent relief applications.

The largest program, SF Emergency Rental Assistance Program, or ERAP, sf.gov/information/sf-erap-frequently-askedquestions, is currently open and “is a community-based program aimed at keeping the City’s most at-risk tenants in their homes as part of the City and County of San Francisco’s eviction prevention and housing stabilization efforts.” To that end, most if not all rental assistance programs will pay to keep residents housed. If your tenant has left owing you money, you may have to go to small claims court to recover it.

The other question many housing providers are currently facing is whether they can, or should, invoke the unlawful detainer (UD) or eviction processes as to those tenants that have rental debt that

has accrued during these past three-plus years. For starters, you may never bring a UD regarding rental debt that is over twelve months old, so anything that accrued during the first two-plus years of the pandemic is no longer eligible for a UD action. Secondly, as many of you have heard, a tenant may assert as a defense in any UD proceeding for nonpayment of rent that COVID/pandemicinduced hardships prevented the tenant from being able to pay rent. As such, while there is technically no “eviction moratorium” in San Francisco, the pandemic economic hardship defense may be asserted for rent that accrued from July 2022 through at least July of 2023. Therefore, this author advises SFAA members to make every meaningful attempt to negotiate, work with, and otherwise settle with your residents without having to resort to UD litigation. Simply put, this is not the time to be rushing to court, as there are better alternatives.

So please encourage your residents that owe rent to apply now to the various rental assistance agencies, including ERAP. If the tenant no longer lives in your building, you may have to visit small claims court where, incidentally, there are no jurisdictional limits for residential rents at this time, meaning you can bring a case for as much rent as is owed. As for the UD process, make this your last resort. Tenants may still avoid evictions for unpaid rent if they show that the pandemic caused them economic hardship and thus an inability to pay. Furthermore, even if you do have to file a UD, your case will likely settle prior to trial, usually under the following guidelines: (i) the resident stays, agrees to a repayment plan, and completes all applications to available rent relief programs; (ii) the resident leaves with some or all of the unpaid rent being forgiven; and/or (iii) a combination of (i) and (ii) above.

—Dave Wasserman

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Denise Leadbetter is with Koster & Leadbetter LLP and can be reached at 415-713-8680. Dave Wasserman is with Wasserman Offices and can be reached at 415-567-9600.

A Park for the People

India Basin Waterfront Park is San Francisco’s next big thing.

Written by SAN FRANCISCO RECREATION & PARKS DEPARTMENT

All photos courtesy of SAN FRANCISCO RECREATION & PARKS DEPARTMENT

Photo Caption TK.

Photo Caption TK.

Photo credit: TK

WWhat was once a brownfield in a neglected corner of San Francisco’s southeast side is about to undergo a major metamorphosis. Under the direction of the San Francisco Recreation and Parks Department and its partners, the abandoned industrial site at 900 Innes Avenue and the surrounding area will soon be transformed into a sprawling greenspace called India Basin Waterfront Park.

Construction kicked off last year, and once complete, the project will combine two already-existing parks, India Basin Shoreline Park and India Basin Open Space, while also enjoining the 900 Innes Avenue site. The product will be a new ten-acre waterfront park complete with scenic views of the Bay, shore access, a nature playground, multiple athletic fields and sports facilities, a boat launching pier, and a network of trails that

“Reconstructing the shoreline and bringing out its natural beauty is something that’s been long overdue…”

Top left & right page: Renderings of the future rehabilitation of Shipwright’s Cottage at 900 Innes Avenue, a San Francisco landmark built in 1875. This page, bottom: India Basin, San Francisco, 1907. Opposite page, bottom: Rendering of the future Indian Basin.

will connect 1.7 miles of the Bay Trail, among other amenities. In addition, an eventual pedestrian and bicycle trail will link sixty-four acres of open space along the shoreline, running from the Embarcadero to Candlestick Point.

The monumental undertaking is one of the largest projects in recent City history, costing approximately $200 million. On the surface is an expansive park that will provide Bayview-Hunters Point access to nature. But underneath, it’s a once-in-a-generation environmental justice project that will provide residents with jobs, learning opportunities, a healthy shoreline that supports wildlife, and so much more.

“Reconstructing the shoreline and bringing out its natural beauty is something that’s been long overdue,” said San Francisco Recreation and

Parks Department General Manager Phil Ginsburg. “This is something the Bayview-Hunters Point community has been advocating for, and we’re excited to be delivering it, providing the community with one of the most important park projects in modern San Francisco history.”

A New Park Under Construction

The City first acquired the vacant 900 Innes Avenue site in 2014, planning to connect it with the already existing India Basin Shoreline Park and India Basin Open Space. The India Basin Waterfront Park project is a collaboration between the San

Francisco Recreation and Parks Department, Trust for Public Land, the San Francisco Parks Alliance, the A. Philip Randolph Institute, and the Bayview-Hunters Point community.

Once the land was acquired, San Francisco Supervisors approved the site environmental impact report in 2018, making way for an extensive cleanup and restoration of the land, shoreline, and waters. The eighteenmonth cleanup, which began in March 2021, was led by specially trained crews who oversaw the removal of contaminants leftover in the soil and sediment from the area’s s boat building and vessel repair history. Abandoned and dilapidated structures were removed, while soft bottom intertidal and subtidal habitats were restored.

State and federal agencies, including the San Francisco Bay Regional Water Quality Control Board, the U.S. Environmental Protection Agency, and the San Francisco Bay Restoration Authority, among others, oversaw the cleanup. The cleanup and remediation reached completion in August 2022, making way for the construction phase.

“Bayview-Hunters Point residents have endured the brunt of the city’s pollution for generations. At its core, this project is about environmental justice after a long history of racism. It is about providing what the neighborhood has deserved all along: access to pristine waters, recreational and economic opportunities, and a healthy shoreline,” Ginsburg said.

A Rich History Tied to the Shoreline

Although San Francisco Recreation and Parks officials are looking to the future when it comes to creating the City’s next large park, they’re also honoring the site’s past, when it served

India Basin Workforce Development Program trains workers through a four-week program, preparing participants for union careers as laborers and other skilled workers. (Also bottom page 29)

as a significant spot for the city’s fishing and boating industry.

Before the arrival of Spanish Missionaries, the Ramaytush Ohlone people inhabited the area. However, not much is known about India Basin prior to the 1860s. In 1870, John Hamlin Burnell purchased land in the area and established the Albion Ale and Porter Brewing Company, building what became known as the Albion Castle at 881 Innes Avenue. Although the brewery shuttered, in part due to the prohibition era, the historic building itself survived and, to this day, serves as a private event space.

In 1866, the area’s once-inexpensive land and easy shore access became valuable property, as the city’s maritime manufacturing and commerce industry boomed. During this time, the California Dry Dock Company established itself as one of the major boat-building companies in the area. The site also began attracting several Chinese shrimp camps.

The India Basin area soon became an important place for the construction of scow schooners, or shallow draft wooden boats that, at the time, played an essential part in the state’s commerce, bringing manufactured goods and crops throughout California via the Bay and Sacramento and San Joaquin rivers.

During this time, the thriving maritime industry gave way for dozens of families to settle in the area and create a small community that lived off fishing, shrimping, and—of course— boat building.

One of the most prominent remnants of the area’s maritime heyday that is still standing is Shipwright’s Cottage at 900 Innes Avenue, built in 1875. Although occupied by a handful of

different families throughout the years, the home served as a boatyard office. In recent decades, the historic building suffered from neglect and served as an example of the neighborhood’s blight. However, thanks to advocacy from the India Basin Neighborhood Association, in 2008, the cottage was honored as a San Francisco landmark. The cottage’s rehabilitation is part of the current construction effort happening at the future India Basin Waterfront Park. In addition to the building’s rehabilitation, the cottage will also serve as an educational and recreational facility.

While the Chinese shrimp village that thrived in the area between the 1860s and 1930s served as a significant part of India Basin’s history, it also represents a bittersweet chapter for the neighborhood. Chinese immigrant families flourished along the shores of India Basin, collecting shrimp via small redwood boats and triangleshaped nets. Their daily hauls soon became a popular item for San Francisco

Through the Bayview Safety Swim and Splash program, elementary school kids who live in or attend school in the neighborhood can learn to swim for free.

households and restaurants. But, in 1939, the San Francisco Health Department burned down the village to make way for the Hunters Point Shipyard. It’s not clear whether the village’s residents were ever reimbursed for their losses. Not all was lost, however, as the Hunters Point Shrimp Company remained in the area for at least two decades afterward.

Once the Hunters Point Naval Shipyard was established in the area by 1940, families stationed there began settling in the area. As America’s involvement in World War II escalated, a new wave of workers, including African American families from the nation’s South, sought new opportunities in San Francisco. This mass migration contributed to the Black community, which makes its home in the BayviewHunters Point neighborhood today.

Although the Hunters Point Naval Shipyard closed in 1974, it contributed significantly to the area’s pollution, leaving a host of contaminants that still haven’t been completely removed to this day. Another contributing factor to the area’s pollution was the Pacific Gas and Electric Company’s power plant, which initially ran on coal when it first opened in 1929 and then later converted to gas before being decommissioned in 2007.

Community Plays a Vital Role

With the new India Basin Waterfront Park becoming a reality by Summer 2026, the San Francisco Recreation and Parks Department and its partners are making sure that the BayviewHunters Point community is at the forefront of decision-making.

“Although the area was once an integral part of the city’s economy, Bayview-Hunters Point residents have had little input when it comes to deciding what’s next for their neighborhood,”

said APRI Executive Director Jacqueline Flin. “That’s why our partners have incorporated the community and put them at the forefront of the process, ensuring that they’re the direct benefactors of this new great park.”

A landmark plan called the India Basin Waterfront Park Project Equitable Development Plan (EDP) provides a blueprint for delivering a park designed by and for the community, while improving economic opportunities and environmental health for residents.

The India Basin EDP marks the first time an EDP has been adopted in San Francisco. Through its adoption, the city joins a new national movement that aims to add more greenspace and enrich its surrounding communities, while ultimately minimizing any possible displacement.

The community provided a vision for this document which outlines a series of commitments from the City and its partner agencies that guarantees that the Bayview-Hunters Point residents will share in the benefits of the project throughout its development. The areas of focus in the EDP include workforce and business development; arts, culture, and identity; transportation, access, and connectivity; opportunities for youth; housing security; and healthy communities and ecology.

As part of the project’s $200 million budget, $15 million has been

earmarked to help implement the EDP’s initiatives. Among the most notable and popular programs that have already been implemented under the EDP are the Bayview Safety Swim and Splash program and the India Basin Workforce Development Program.

Through the Bayview Safety Swim and Splash program, elementary school kids who live in or attend school in the neighborhood can learn to swim for free. The program is a partnership with the YMCA of San Francisco, and aims to ensure that Bayview-Hunters Point children feel comfortable and confident in the water, meaning they can swim, float, breathe, and get to water safety with ease. The program, now in its second year, is especially important as drowning is one of the leading causes of death for children annually in the U.S. According to the Centers for Disease Control and Prevention, youth are at a higher risk for unintentional injury around water due to their lack of familiarity in aquatic situations. Additionally, Black children are six times more likely to come from families in which neither parent knows how to swim, making Black youth particularly at risk of drowning.

In late May, the India Basin Workforce Development Program celebrated the graduation of 16 trainees. The new graduates have been trained in construction through the four-week program, preparing participants for union careers as laborers and other skilled workers. The graduates are primarily

Bayview-Hunters Point residents or are from other underserved San Francisco communities, and most have already been placed in jobs, with some working on the India Basin Waterfront Park project through the project’s construction firm Swinerton.

India Basin Will Serve Generations to Come

With the wheels set in motion, the park’s construction is the City’s most ambitious effort in investing in not just a park, but an entire community—one that has historically been underserved.

Once complete, the park will not only have the amenities of a neighborhood park, like a playground, basketball courts, and a grilling area: it will also include a new boathouse, beach, food

With the wheels set in motion, the park’s construction is the city’s most ambitious effort in investing in not just a park, but an entire community—one that has historically been underserved.

pavilion, a makers’ shop, docks and piers, community gathering spaces, and multi-use trails, a refurbished Shipwrights Cottage, restored native habitats, and much more.

“The biggest takeaway here is that we’re not just building a new, large park in the city. We’re creating a gathering space for the BayviewHunters Point community that will serve generations to come,” Ginsburg said. “Great parks are shaped by the people they serve, and that’s why putting the community at the forefront of this effort is vital.”

For more information, visit sfrecpark.org/1153/ India-Basin-Waterfront-Park

Top: Rendering of the future India Basin.

Bottom: India Basin Workforce Development’s Specialty Training Program.

Fair Housing FACTS

Written by STEVEN WILLIAMS

Protected characteristics covered by fair housing laws are continually expanding.

Read on to stay on the right side of the law.

Fair housing laws prohibit landlords, agents, managers, real estate brokers, and salespersons from discriminating against a person or harassing a person because of protected characteristics. These laws protect just about all areas of residential housing, including real estate sales, mortgage lending, homeowner associations, and of course, renting. As it relates to rental housing, a landlord cannot make oral or written statements, or use notices or advertisements that indicate any preference, limitation, or discrimination based on protected characteristics. Doing so could be discriminatory.

Protected Characteristics

The list of protected characteristics covered by fair housing laws is long and continually expanding. When federal fair housing laws were passed more than 50 years ago, they identified only five protected characteristics: race, color, religion, sex, and national origin. Now, with the expansion of federal fair housing laws and the passing of state and local fair housing laws, they identify nearly 30 protected characteristics.

In addition to the initial five protected characteristics listed above, fair housing laws also protect persons with the following characteristics: disability; family status; age; gender; gender identity; gender expression; genetic characteristics or information; pregnancy/childbirth; sexual orientation; medical condition; ancestry; family day care operators; citizenship; immigration status; source of income; military or veteran status; primary language; person with AIDS, transgenderism; height and weight; sexual preference; place of birth; and occupancy by a minor child. This is not even an exhaustive list of protected characteristics. Other characteristics may also be protected.

Applicability of Fair Housing Laws

Fair housing laws prohibit discrimination before, during, and throughout the entire duration of a residential tenancy. Landlords need to observe these laws from the moment they post a rental listing, through the rental application process, and continuing through the date the tenant vacates. A landlord cannot engage in any discriminatory conduct or practices. For instance, a landlord cannot do any of the following:

• Advertise or make any statement that indicates a limitation or preference based on a protected characteristic;

• Falsely deny that a rental unit is available;

• Set more restrictive standards for selecting tenants or refuse to rent to persons with protected characteristics;

• Before or during the tenancy, set different terms, conditions, or privileges for rental of a dwelling unit;

• Terminate a tenancy for a discriminatory reason; or

• Refuse to make a reasonable accommodation or allow a reasonable modification for a person with a disability.

Even if the protected characteristic doesn’t happen to be a protected one, it is generally a good practice for a landlord not to treat someone differently based on a particular characteristic.

Tenant Discrimination Claims

In California there are two main bodies of law that govern housing discrimination. These laws are known as the California Fair Employment and Housing Act and the Unruh Civil Rights Act. The California Department of Fair Employment and Housing (DFEH) generally administers State fair housing laws and claims.

Tenants often report discrimination claims to the DFEH. The DFEH must then investigate the claim and determine whether discrimination has occurred. If it determines discrimination did occur, then it will issue the tenant a right to sue letter. However, the DFEH often encourages the parties to mediate and resolve the discrimination claim. Many of these matters settle before a DFEH determination is made or lawsuit filed.

Reporting discrimination claims to the DFEH is not mandatory. Instead, tenants may simply file discrimination lawsuits against their landlords. And because these discrimination lawsuits may allege violation of local, state, and federal laws, they can be filed in either state or federal court.

Anytime a landlord is sued by a tenant, the landlord should promptly determine whether the applicable property insurance policies cover the claims made in the lawsuit. The landlord may

forward the lawsuit to the insurance carrier and request the carrier to provide a defense to the lawsuit.

Liability

Potential liability for violating fair housing laws includes fines, compensation to the tenant for economic losses and emotional distress, punitive damages, cease and desist orders, and even having to pay the tenant’s attorney’s fees. San Francisco landlords may face further liability for violating the San Francisco Rent Ordinance. The Rent Ordinance provides:

“No landlord, and no agent, contractor, subcontractor or employee of the landlord shall do any of the following in bad faith: . . . Violate any law which prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child…”

Bad faith discrimination that violates the Rent Ordinance subjects a landlord to treble damages, which means that the compensation awarded to a tenant in a lawsuit is tripled. Because of the potential liability for discrimination claims, and the myriad other claims tenants frequently assert against landlords, it is critical for landlords to maintain landlord insurance policies at all times with broad coverage and ample liability limits.

Discrimination Examples

While all discrimination is prohibited, some fair housing issues tend to present themselves more frequently than others during a landlord’s day-to-day operation. Examples of these situations include rental listings, Section 8 tenancies, service and emotional support animals, and medical marijuana. The following illustrates how fair housing laws may apply to these particular situations:

Rental Listings

Nearly every residential tenancy begins with a rental listing followed by a rental application. Fair housing laws protect persons reading these listings and applying for these rental units. Various public interest groups peruse these listings and test landlords by actively looking for discriminatory advertisements and practices. They then assert discrimination claims against unsuspecting landlords. Landlords must be cognizant of this and have nondiscriminatory policies and practices.

A rental listing doesn’t even need to be overtly discriminatory to run afoul of fair housing laws. If a listing merely has the effect or impact of discouraging a person with a protected characteristic from applying for a rental unit, then it is likely discriminatory.

For example, a listing for a tiny 450-square-foot studio may advertise that it is “perfect for a single tenant.” While this may be an accurate depiction and sound innocuous, the effect of the

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language may actually deter or discourage a family with a minor child from even applying. Family status is a protected characteristic. Because the listing may potentially deter a family from even applying, it may be discriminatory.

Section 8 Tenancies

Section 8 is a government housing program for low-income tenants whereby the local housing authority guarantees and pays a portion of the tenant’s monthly rent. Historically, landlord participation in the Section 8 program has been voluntary. In the past, some landlords have opted not to participate, often citing an unwillingness to enter into a mandatory contract with the housing authority that is required for Section 8 tenancies.

Effective January 1, 2020, California enacted a law classifying rental assistance payments from the housing authority as a person’s source of income, which is a protected classification. A landlord cannot refuse to rent to a person based solely on the fact that a tenant receives rental assistance from the housing authority, because that would discriminate against the tenant based on a source of income.

Landlords should not advertise or imply in any way that they will not consider Section 8 tenants. Doing so could get them sued for discrimination. We’ve seen a surge in demands and lawsuits filed against landlords alleging discrimination for failure to rent to Section 8 tenants. Landlords must be aware and careful to consider all applicants and tenants equally, and to not allow a person’s source of income to impact decisions.

Service and Emotional Support Animals

A service animal is one that has formal training to assist a person with a disability, like, for example, a seeing eye dog. An emotional support animal is one that may not have any formal training at all but instead may provide comfort or emotional support to a person with a disability. Either animal may be needed for persons with disabilities.

Prevent Fires.

Fair housing laws require landlords to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled tenant an equal opportunity to use and enjoy a rental unit. Accordingly, a landlord may have to allow a tenant to keep a service or comfort animal in a no-pet building when having that animal reasonably accommodates the tenant’s disability. An example may be a tenant with Post-traumatic stress disorder (PTSD), whose dog enables the tenant to feel safer and more secure in the rental unit and consequently alleviates the symptoms of the disorder.

Medical Marijuana

Tape and Bag Lithium Batteries

What should you do with old lithium batteries? A big part of the answer is clear tape. Old lithium batteries may no longer have the power to run devices, but they can still release energy though their contact points. Lithium batteries that are not taped can cause fires in collection trucks and recycling facilities, and harm workers.

• Place clear tape over the contact points of used lithium batteries.

• Put taped lithium batteries in a clear plastic bag, and seal it shut.

• Place the bag on top of your landfill bin. Recology will collect the bag, sort the batteries, and safely ship them to companies that specialize in battery recycling.

Recreational marijuana use is now legal in California. But that does not entitle tenants to smoke marijuana regardless of rental agreement prohibitions. Nevertheless, for the same reasons fair housing laws may compel a landlord to allow a tenant to have an animal, they may compel a landlord to allow a tenant to smoke or grow marijuana. This is because marijuana use may be needed to accommodate a disability.

Marijuana has long been used for—and is lawful for—medicinal purposes in California. Fair housing laws may enable a disabled tenant to smoke marijuana in a rental unit. They may also enable a disabled tenant to cultivate marijuana plants in the rental unit for medical use. San Francisco laws permit a tenant to cultivate up to 24 plants for this purpose.

Conclusion

Landlords must be cognizant of the broad fair housing laws. They must not indicate any preference, limitation, or discrimination based on a person’s protected characteristic. They must make reasonable accommodations for disabled tenants when requested and needed. It is a good idea to regularly participate in fair housing training and classes. Discriminating against a person and violating fair housing laws may have costly consequences and get a landlord sued.

Steven Williams is with Fried, Williams, and Grice Connor, LLP and can be reached at 415-421-0100.

The team is composed of seasoned professionals with over 180+ years of combined extensive knowledge of the real estate market. With strong negotiation and communication skills, our primary goal is to help clients make informed decisions that align with their business objectives and maximize their return on investment. With a deep understanding of the local market, a wide network of contacts, and a commitment to delivering outstanding results.

FILL THE BILL

Written by DAVID BITTON

on for

The rental market can be challenging for rental property owners and managers, particularly during a period of decline.

In recent years, the rental market has experienced fluctuations and downturns. Landlords are facing difficulties in filling their units, which can be a significant challenge, particularly for smaller landlords or those who rely on rental income as their primary source of revenue.

Filling vacant units can be difficult, but don’t panic—there are effective tools available to help you attract tenants.

This guide will explore some of the best strategies for rental property owners and managers to bring in more tenants and keep properties occupied.

Advertising Listings

The most important step in this guide is to make sure your rental property is advertised effectively. This includes taking high-quality photos and writing a clear and informative property listing.

The more you expose your property, the better your chances become of finding a tenant. List your property on popular rental listing websites, as well as local classifieds and social media platforms.

This might be easier said than done for some people, depending on marketing knowledge, so let’s discuss how to market your property in more detail.

Read

a comprehensive guide to bringing in more tenants.

Determine Your Target Market

Before you begin advertising your rental property, it’s important to understand who your target market is. Is your unit best suitable for families, young professionals, or students? Knowing your target market will help you to create effective marketing materials and determine the best places to advertise your property.

However, it’s essential to adhere to fair housing laws. While it’s acceptable to advertise where your target audience spends time online, landlords who include specific language (for example, “perfect for a single person!”) in their ad copy can find themselves in hot water. Turn to page 32 for more information on fair housing laws.

Take High-Quality Photos

High-quality photos are essential when advertising a rental property. They are the first thing potential renters see, so make sure they showcase the property in the best possible light.

Consider hiring a professional photographer. However, if this is beyond your means, use a good camera. Make sure to take photos of the exterior, interior, and any amenities the property offers.

Create a Detailed Listing

Once you have high-quality photos, create a detailed listing of the property. Include the number of bedrooms and bathrooms, square footage, available amenities, and any important details about the property. Also include a detailed description of the whole property and its surroundings.

The goal is to give potential renters a good sense of everything the property as a whole has to offer.

Use Online Listing Platforms

Several online platforms allow landlords to list their properties for rent. Some popular options include Zillow and Trulia. These platforms allow you to create a detailed listing, upload photos, and reach a large audience.

As mentioned above, include all relevant information in your listing and respond promptly to any inquiries.

Utilize Social Media

Social media is a powerful tool for advertising rental properties.

Create a Facebook page for your property and share photos and information about the property.

Use Instagram and Pinterest to showcase the property’s best features; use Twitter to share updates and respond to any questions.

Don’t put effort into marketing on a social media platform if your target audience doesn’t spend time there. For example, if you want to target senior citizens, maybe don’t spend too much time marketing on TikTok.

Network With Local Real Estate Agents

Real estate agents can be a valuable resource for landlords looking to advertise their rental properties. Network with local agents and let them know about your property. They could help you find renters or at least give you some advice on how to advertise your property.

Be Responsive

Respond promptly to any inquiries about the property.

If potential renters are interested in the property, schedule a showing as soon as possible. Be prepared to answer any questions they may have about the property and follow up with them after the showing.

Be Prepared for the Legal Process

Before renting out your property, make sure you are familiar with the legal requirements. Know local laws and regulations, and if necessary, consult with an attorney.

SFAA offers excellent educational resources for members in the form of

in-person classes and webinars. Turn to page 50 for a calendar of upcoming events.

A great lease agreement is extremely important. SFAA members can pay to access, email, and print the SFAA Residential Tenancy Agreement online (sfaa. org > resources).

Use “For Rent” Signs

Classic and simple “For Rent” signs are a great way to grab the attention of those in the neighborhood who are considering moving to a new apartment but haven’t started an in-depth search yet. Make sure the sign is visible, easy to read, and includes your contact information.

Be Available for Showings

Another way to secure qualified tenants is to be available to show your property. This will give people an opportunity to see the property in person and ask any questions they may have.

Meeting a prospective tenant in person is also a great way to gauge their personality and behavior.

Tenant Screening

As a rental property owner, your top priority is to find tenants who will take good care of your property and pay their rent on time. To achieve this goal, it’s important to screen your tenants thoroughly before signing a lease agreement with them.

Tenant screening is the process of verifying a potential tenant’s background information, including:

• Credit history

• Employment status

• Rental history

Tenant screening can provide you with a wealth of information about the applicant and help you make informed decisions about whether to rent to them.

Fill the Bill… continued on Page 60

ADU Breakthroughs

written by M. BRETT GLADSTONE, ESQ.

This article will update readers on changes in State Accessory Dwelling Unit laws since the time this column last analyzed ADU laws in the January 2023 issue of SF Apartment Magazine (sfaa.org/Magazine).

Since 2018, there has been a proliferation of ADUs statewide. A recent study confirmed that existing state ADU legislation has created marketfeasible potential to build close to 1.5 million new housing units. The Terner Center in Berkeley has stated that between 2018 and 2019, ADU permits increased from almost 6,000 to almost 16,000. During that same period, ADU completions more than tripled from 2,000 to almost 7,000. Part of this increase is due to the fact that California lawmakers have, during the last year, passed numerous pieces of legislation that have loosened restrictions on constructing ADUs.

The previous article mentioned above explained the basic rules for construction of ADUs on a lot with a rental apartment building (or a condominium building): (1) If four or fewer legal dwelling units are on the lot, one ADU within the building and one new detached ADU is allowed; and (2) If five or more legal dwelling units are on the lot, an unlimited number of ADUs is allowed. Even if a building contains four or fewer dwelling units on the lot, there is no limit on the number of ADUs allowed for a building if it is undergoing a Mandatory or Voluntary Seismic upgrade (under San Francisco

Administrative Bulletin 094). ADUs added to apartment buildings will often not be subject to rent control even though the apartment building to which they are added may be.

The San Francisco ADU program offers waivers, or administrative exceptions, to some of the Planning Code requirements when ADUs are added to existing buildings. However, when such waivers are obtained, the City will most often require that the ADU be subject to rent control indefinitely. While local apartment buildings built prior to a certain date are generally already subject to rent control, new dwellings added to lots with apartment building are not generally subject to rent control. Obtaining waivers from Planning Code requirements will, however, make a new ADU subject to rent control.

In San Francisco, most new ADUs in apartment buildings are built in storage areas, garages, and laundry rooms—but only when tenants do not currently have rights to use such spaces under their leases. To make these conversions more feasible, the San Francisco Department of Building Inspection and the San Francisco Fire Department have written building code “equivalencies” (exceptions) to address common issues that come up when adding units to an old building. These allow for alternate ways of addressing Building Code requirements in buildings where it would not be feasible to build new units under the letter of the current code because of existing

non-conforming conditions. Use of the State Historic Building Code may also assist in obtaining equivalencies.

Recent State bills such as AB 68 and AB 881 removed many restrictions imposed by local agencies on ADUs. Below is a discussion of the most important changes brought by these laws that have made building an ADU simpler and more affordable. As one example, pre-existing laws permitted only one ADU per single-family lot. But under AB 68, municipalities are required to approve multiple ADUs attached to an existing multifamily structure and two detached ADUs.

If one wants to build an ADU, one no longer needs to live in the primary home or the ADU itself. This change will help landlords and investors build ADUs on their rental/investment properties. Under the new laws, the State no longer allows municipalities to set limitations for minimum lot size, ADU lot coverage, floor area ratio and similar restrictions.

Impact fees are fees imposed by local agencies that pay for the costs of providing public services (electricity, water, sewer, etc.) to a newly created unit. Under new legislation, ADUs that are up to 750 square feet in size are exempt from paying impact fees. For larger ADUs, the fees are proportional and calculated based on the footage of the ADU and the primary dwelling unit.

The local agency is now required to approve or deny an ADU permit application within sixty days after receiving it, which is much less than the time imposed by pre-existing laws. Recent legislation known as AB 2221, AB 916,

New State changes to ADU laws loosen San Francisco’s restrictions.

AB 561, and SB 897 benefit both owners of apartment buildings and single-family homes as follows:

Two-story ADUs will now be allowed for the first time, up to eighteen feet in height.

Front setbacks are no longer required for ADUs built under the State ADU program when such front setback will preclude construction of an ADU of a certain minimum size.

Currently, one can add an ADU to a pre-existing multi-family building, but one cannot add one to a proposed multifamily building. As a result, developers have had to complete their multi-family building project and then start ADU development once their original project is complete. An amendment to the law now makes it possible for builders to propose and build new ADUs in new multi-family housing concurrently.

Many cities currently prohibit homeowners from developing ADUs if there is unpermitted work on their property. This can include non-conforming zoning conditions, building code violations, or unpermitted structures. New law eliminates these restrictions unless the unpermitted work is deemed a safety or health concern.

The construction of an ADU currently triggers a Group R occupancy change to one’s property, triggering the need to install fire sprinklers in the primary dwelling. A new law eliminates the occupancy change, resulting in no mandatory fire sprinkler requirements in the primary dwelling.

Developers and apartment building owners are starting to add units to existing apartment buildings by building in open side yards and/or rear yards, and/or by adding a floor or two. While ADU law does not allow an owner to exceed an existing building’s height limit, this can be done through use of the fairly new State Density Bonus law (DBL). Similar to the ADU law, it also allows a greater

number of units than allowed by existing zoning and allows units to be built in locations on a lot where San Francisco zoning laws typically forbid building, such as in rear yard open space. An apartment building owner wishing to add units beyond what the zoning allows should carefully weigh the advantages and disadvantages of the ADU and DBL programs. For example, an apartment building owner should keep in mind that while units created by the DBL program can be created as condominiums, ADU units cannot be (although tenancies in common are possible). Also, ADUs are limited in size, and in certain circumstances, new ADUs can be subject to rent control, which is not true of new units created under the DBL program.

The maximum density bonus under the DBL can be up to an additional 50% above the zoning’s base density (number of units allowed per lot). However, a developer should consider adding fewer than 50% more units if the number of affordable units triggered by additional DBL units makes the ratio of affordable units to market rate units too high. There is a delicate balance that will be different for each project.

Like ADU laws, the DBL program allows new units to be built in the required open rear yard. That is made feasible by use of a waiver request, and no longer the required formal variance application. Variances are traditionally difficult to obtain because they require a showing of several hard-to-show factors including a “hardship.”

On the other hand, grounds for denial of units created through the DBL program must be related to unusual public health and safety concerns.

Brett Gladstone Esq. is an attorney at Goldstein, Gellman, Melbostad, Harris and McSparran (G3MH). He and represents investors, developers, homeowners, and non-profits in land-use proceedings and CEQA compliance concerning residential and mixed-use developments throughout the Bay Area. This includes land subdivisions and condominium law. For the last 39 years, Brett has made regular appearances before Bay Area Planning Commissions, City Councils, Boards of Supervisors, and Historic Boards. Recently, Governor Newsom appointed Brett to the California Architects Board.

Background

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C o l l e c t i o n o f R e s i d e n t ' s R e n t B o a r d F e e

L e t u s h e l p y o u S t a t e w i d e !

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Denise A. Leadbetter

Attorney at Law

denise@kosterleadbetterlaw.com 415-713.8680

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415-680-0023

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Non Members $65

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

FISHER BOYLES, LLP

Matthew Weiner 415-595-8706

Matthew.weiner@fisherbroyles.com https://www.fisherbroyles.com/

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

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

TRN LAW ASSOCIATES

Tiffany R. Norman 415-823-4566

tiffany@trnlaw.com

www.trnlaw.com

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, PC

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

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

GARBAGE COLLECTION SERVICES

RECOLOGY GOLDEN GATE RECYCLING

Minna Tao 415-575-2423 recologysf.com

RECOLOGY SUNSET SCAVENGER

Dan Negron 415-330-2911 recologysf.com

VALET LIVING

Briana Sellers 813-613-5073 briana.sellers@valetliving.com www.valetliving.com

HARDWARE

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

WEST COAST PROPERTY MANAGEMENT

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

Cade Osborne 415-319-4789 cade@borne-consulting.com 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

A-TOTAL FIRE PROTECTION COMPANY, INC.

Monte L. Osborn, CEO

Tyler Osborn, CFO 530-672-8495 accounting@atotalfireprotection.com www.atotalfireprotection.com

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

LUXER ONE

Josh Grosser 415-215-4670 joshg@luxerone.com

HUMAN RESOURCES

INTERSOLTUTIONS, LLC jhong@intersolutions.com

INSURANCE COMPANIES

ARM MULTI INSURANCE SERVICES

Lisa Isom 866-913-6293 www.arm-i.com

BARBARY INSURANCE BROKERAGE

Gerald Becerra 415-788-4700 www.barbaryinsurance.com

COMMERCIAL COVERAGE INSURANCE AGENCY

Paul Tradelius 415-436-9800 www.comcov.com

GORDON ASSOCIATES INSURANCE

SERVICES

Dave Gordon, CLU 650-654-5555x6972 David.gordon@gordoninsurance.com

USI INSURANCE

Sarmad Naqvi 510-590-0635 sarmad.naqvi@usi.com www.usi.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

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

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

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

ROS PLUMBING

Niall 415-505-2180 niall@rosplumbing.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 paulb@realestatesf.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

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

MYND MANAGEMENT, INC.

Stacy Winship 510-306-4440 www.mynd.co

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

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

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

DOOR LOOP

Maria Barbera 888-607-3667 mbarbera@doorlopp.com

RENT RAISERS

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

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

NHB REAL ESTATE INC.

Tanya Dzhibrailova 415-531-6779 tanya@nhbrealestate.com www.nbhrealestate.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

KENNEY & EVEREST REAL ESTATE, INC.

Everest Mwamba 415-902-3411 maureen@kenneyrealestate.com

STEPHEN PUGH 415-497-8307 steve@pacwestcre.com

sfaa sfaa 2023 membership application

REFINISHING / RESURFACING SERVICE

MIRACLE METHOD OF SAN FRANCISCO NORTH

Jaime Munoz 415-673-4211

MiracleMethodSFO@gmail.com

www.miraclemethod.com/San-Francisco

RENT BOARD PETITIONS

RENT RAISERS

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

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

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

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

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

RESTORATION MANAGEMENT, CO.

Eric Shelton 510-815-0954 eric.shelton@rmc.com www.rmc.com

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

Let’s discuss some benefits of tenant screening below.

Avoid renting to unreliable tenants

One of the primary reasons to screen tenants is to reduce the risk of renting to unreliable tenants who may cause damage to your property, break the lease agreement, or refuse to pay rent on time.

By checking the tenant’s rental history, you can determine if they have a track record of paying rent on time and adhering to lease agreements.

Protect your property

Another reason to screen tenants is to protect your property from damage. When you verify a tenant’s employment status, it helps you ensure they have a stable income to pay rent and maintain your property.

Checking a prospective tenant’s credit history can give you insight into how financially responsible they are and whether they are likely to take care of your property.

Ensure compliance with fair housing laws

Tenant screening helps ensure that you are in compliance with fair housing laws, which prohibit discrimination based on race, gender, religion, or disability.

Conducting a thorough and objective screening process can help you avoid any appearance of discrimination and ensure that you are treating all applicants fairly.

Better communication with tenants

When you screen tenants, you can get to know them better and assess their communication skills. Good communication goes a long way in building better relationships with tenants, which will be invaluable if issues arise during the lease term.

Understanding Costa-Hawkins, Replacement Roommates, New Occupants and How to Assert Your Rights When Non-Leaseholders Occupy Your Unit. This subtenant, roommate and additional occupancy course addresses:

• Commonplace situations when the persons you originally leased to bring in new roommates.

• Original tenants vacates the unit yet leave people behind.

• Rent payments submitted from unknown persons.

• Tenant gets married/have children while living in the unit.

• Decide to change the make-up of who is living in unit with or without your knowledge or consent.

INSTRUCTORS: Dave Wasserman & Curtis Dowling, Dowling & Maarquez, LLP

DATE & TIME: Friday, July 21, 2023

10:00a.m. – 11:00a.m.

COSTS:

Members: $45

Nonmembers: $65

WEBINAR: Once you complete registration you will be sent a separate link to register for the Zoom system. For more information, contact Maria Shea at 415.255.2288 x110 or maria@sfaa.org.

Roommates & Revolving Doors

sfaa’s Let’s Catch Up! Tenant Q&A

In this seminar discussion, Ashley Klein will be educating on the most frequently asked questions in her practice as a landlord attorney. After the FAQs we will open up the discussion to a Q&A session, answering any and all questions regarding San Francisco and Bay Area tenant legislation.

INSTRUCTOR: Ashley Klein of Kaufman, Dolowich & Voluck, LLP

DATE & TIME:

Wednesday, July 12, 2023

10:30a.m. – 11:30a.m.

COSTS:

Members: $45

Nonmembers: $65

WEBINAR: Once you complete registration you will be sent a separate link to register for the Zoom system. For more information, contact Maria Shea at 415.255.2288 x110 or maria@sfaa.org.

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.

Laura Strazzo Attorney at Law

Brian O’Neill Attorney at Law

Robert Little Attorney at Law

What You Need to Know

sfaa sfaa 2023

MEMBERSHIP MEETING

SFAA LIVE Virtual Legal Panel Q&A

Wednesday, June 21, 2023 10-11:00 am

FIRE ALARM DEADLINE

For more information, turn to page 10.

Saturday, July 1, 2023

VIRTUAL MEMBERSHIP MEETING

Wednesday, July 19, 2023

SAVE THE DATE

Annual Trophy Awards Show

Thursday, October 26, 2023

St. Regis Hotel Ballroom

Bottom Line

Attracting and retaining tenants is crucial for the financial success of any rental property owner.

Advertising your rental property effectively, determining your target market, taking high-quality photos, creating a detailed listing, using online listing platforms and social media, networking with local real estate agents, and being responsive are very effective strategies that you can use to attract tenants.

However, to retain tenants, thorough tenant screening is essential. Tenant screening can reduce your risk of renting to unreliable tenants and protect your property from damage.

By screening for credit history, employment status, and rental history, you can make informed decisions about whether to rent to them.

Additionally, once you have secured good tenants, it’s important to maintain open communication with them, respond to their concerns, and address their maintenance issues promptly to retain them for the long term.

Tenant retention is an ongoing game in the property management profession, so make sure to stay updated on new laws and regulations to secure long-lasting tenancies.

David Bitton is the CMO and co-founder of Door Loop.

OpenScope Studio 1776 18th Street San Francisco, CA 94107 openscopestudio.com info openscopestudio.com (415) 891-0954

• Multi-family specialists

• Value add remodels

• Accessory Dwelling Units

• Physical needs assessments

• Pre-purchase consultations

• Feasibility and capacity studies

• Interior / Exterior renovations

• Urban infill

• Mixed-use

• Review Services

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 Year

* Landlord of the Year

trust or shared ownership, from moving into their units or housing family members there.

Additionally, SB 567 stipulates that landlords must obtain and present permits before terminating tenancies for major repairs. This provision could complicate vital property maintenance, especially in situations where permits are not required or are difficult to secure.

The bill also seeks to extend the notice period for landlords wishing to remove units from the rental market to 120 days.

Further provisions in the bill include prohibiting future owners from renting out units that have been removed from the rental market. This change could significantly affect the sales of smaller properties.

Finally, SB 567 imposes severe penalties for violating the law. These penalties encompass liability for up to three times the actual damages, potential punitive damages, and costs including attorney’s fees.

As introduced, SB 567 would have significantly reduced California’s statewide cap on rent increases—a main feature of the existing law established by AB 1482. This provision would have limited annual rent increases to the Consumer Price Index, with a maximum of 3 percent.

However, after staunch opposition from CAA, the provision for a reduced rent cap was removed.

CAA remains opposed to SB 567 and plans to continue its opposition as the bill moves to the State Assembly.

The above news item was reprinted with permission by the California Apartment Association.

SFAA Updates

Members are welcome to make an appointment to visit the 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.

2023 Summer CCRM Webinar Series Schedule &

Upon registration the Zoom link will be emailed to the student Class is every Thursday

To Register

Online: www.sfaa.org

Call: 415-255-2288 x.113 Email: stephanie@sfaa.org

(includes 9th Edition Managing Rental Housing textbook, CCRM binder and Welcome Packet; does not include the $75 CCRM application fee)

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 offe ring.

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 Ho using)

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.