SF APARTMENT magazine
THE RACE TO
RECOVER SMALL BUSINESS & BIG BUILDING ON THE BALLOT
San Francisco Apartment Association October 2020 / $7.00
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Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All materials presented herein is intended for informational Purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any descriptions. This is not intended to solicit property already listed.
TRIGG SPLENDA SENIOR SALES ASSOCIATE COMPASS COMMERCIAL
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SF APA magazine
SF APARTMENT
contents
Features
28
Big-Deal Ballot by CHARLEY GOSS
34
Community Opportunity by PAM MCELROY
42
Tenderloin Tensions
by TERRENCE JONES
42 4
OCTOBER 2020 | SF APARTMENT MAGAZINE
PARTM Columns
Membership
8
16
Tenant Relief Act
The Blame Game
The News
12
Surreal Estate
Legal Q&A
by VARIOUS AUTHORS
20
Inside-Out(doors)
Sheridan Report
by JUSTIN A. GOODMAN
Take It or Leave It by MATTHEW C. SHERIDAN
50
Calendar
54
Professional Services Directory
58
Membership Application
8
SF APARTMENT MAGAZINE | OCTOBER 2020
5
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OCTOBER 2020 | SF APARTMENT MAGAZINE
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SF APARTMENT
San Francisco Apartment Association Office 265 Ivy Street San Francisco, CA 94102 Tel 415-255-2288 Fax 415-255-1112 Email sfaa@sfaa.org Web www.sfaa.org
SFAA Staff Executive Director Janan New
Deputy Director Vanessa Khaleel
Education Specialist Stephanie Alonzo Member Services Manager Maria Shea
Government and Community Affairs Charley Goss
Accountant Crystal Wang
SFAA Officers President Chris Bricker
Vice President Robert Link Treasurer Jim Hurley
Secretary Mark Henderson
SFAA Directors Eric Andresen, Honor Bulkley, Andre Ferrigno, David Gruber, Kent Mar, Neveo Mosser, J.J. Panzer,
VOLUME XXXIII, NUMBER 10 OCTOBER 2020 Published by Hippo Productions Publisher Vanessa Khaleel Editor Pam McElroy
Art Director Jéna Safai
Production Manager Cameron Shaw Tel 415-392-3770
Web www.sfaa.org SF Apartment Magazine (ISSN 1539-8161) Periodicals Postage Paid at San Francisco, California. POSTMASTER: Send address changes to the SF APARTMENT MAGAZINE, 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is published monthly for $65 per year by the San Francisco Apartment Association (SFAA), 265 Ivy Street, San Francisco, CA 94102. The SF Apartment Magazine is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in the SF Apartment Magazine are those of the author and do not necessarily reflect the viewpoint of the SFAA or SF Apartment Magazine. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by the SFAA, express or implied, of the advertiser or any goods or services offered. Published monthly, the SF Apartment Magazine is distributed to the entire membership of the SFAA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright @2020 by SFAA.
Bert Polacci, Dave Wasserman
SF APARTMENT MAGAZINE | OCTOBER 2020
7
COLUMN
THE NEWS be hard pressed to pay the rent that’s accumulated, and housing providers will go out of business.” The bill was authored by Senator Anna Caballero (D-Salinas), Senator Steven Bradford (D-Gardena), Assemblymember Monique Limon (D-Santa Barbara), and Assemblymember David Chiu (DSan Francisco). Rents are flattening or decreasing in many locations across the state. In San Francisco, one- and two-bedroom average rents were down a shocking 11 percent in August compared to one year ago, according to data from listing site
Tenant Relief Act
COVID-19 has brought significant rental housing legislation.
Zumper. A recent SFAA survey shows that the vacancy rate among member properties is now 11.5%, four times what it was prior to the pandemic.
Reconsider Utilities Costs With over 7 million in California filing
Editor’s Note: State and Federal guide-
Going forward, though, tenants who
jobless claims since businesses began
lines and legislation are constantly
qualify for eviction protections will still
closing in March, many are moving in
changing regarding COVID-19. For the
need to pay at least at least 25% of their
with loved ones to save money or leav-
latest information, resources, financial
rent—but can do so flexibly. By January
ing the state altogether. This trend could
aid, and forms, visit www.sfaa.org or
31, 2021, at least 25% of rent owed (since
lead to an even bigger drop in demand
www.caanet.org/coronavirus.
September) must be paid. If the rent
in the months ahead.
is not paid, eviction proceedings can
Assembly Bill 3088—COVID-19 Tenant Relief Act
begin on or after February 1, 2021. The
It’s safe to say that many owners may be
bill expires on January 31, and starting
feeling the squeeze of dropping rents
Governor Gavin Newsom signed the
in February, full and timely rent will be
and rising vacancies. It might be tempt-
COVID-19 Tenant Relief in late August
due once again.
ing to include utilities in the monthly rent in an effort to attract renters. But
and the law went into effect immediately. The legislation prohibits evictions
Under AB 3088, landlords can proceed
that short-sighted plan could cost own-
of renters with genuine COVID-related
with eviction cases involving tenants
ers A LOT in the long run.
hardships but reopens the unlawful-
causing problems at properties (such
detainer process for tenants who cause
as nuisances or threatening neighbors).
As we all know, utilities are not fixed
problems at the property.
Rental property owners can now also
costs. In fact, they tend to just go higher
evict tenants for nonpayment of rent
and higher over time. So, including
To qualify for eviction protection
when the tenant is not experiencing a
utilities in the rent is a losing proposi-
under AB 3088, tenants must sign and
financial hardship due to COVID-19.
tion in the long term. This is especially true in rent-controlled markets where
return a declaration of hardship due
8
to COVID-19. Tenants earning 130%
According to Debra Carlton, California
owners may not unilaterally change the
of the area medium income will have
Apartment Association’s executive vice
terms of the lease after it has begun. If
to provide proof of financial hardship.
president of state public affairs, “CO-
utilities are included at the start of the
Qualifying tenants cannot be evicted for
VID-impacted renters need financial
lease, they can never be made the ten-
rent unpaid between March 2020 and
assistance, from the Feds, so they can
ant’s responsibility no matter how long
September 2020.
pay their rent. Otherwise, renters will
the tenant stay in the unit.
OCTOBER 2020 | SF APARTMENT MAGAZINE
MULTI-UNIT. MIXED-USE. COMMERCIAL. With over 19 years of experience selling investment properties in San Francisco, Allison Chapleau is an expert in her field with an aggressive marketing approach resulting in the highest value for her clients. Visit allisonchapleau.com to learn the value of your property.
ALLISON CHAPLEAU Vanguard Commercial | allison@allisonchapleau.com | 415.516.0648 | License: 01369080
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SF APARTMENT MAGAZINE | OCTOBER 2020
9
This long-term losing trend is compounded
While they are improving the digital per-
while people are still working, cooking
mitting system, DBI will continue to offer
and largely spending their days at home.
limited in-person services for paper appli-
With home-schooling a likely reality for the
cations and will continue to process digital
foreseeable future, there are more people
permit applications that have already been
in more apartments all day long, using pre-
submitted online. If you submitted a permit
During the legislative process,
cious resources like water, creating more
application online, you will remain in the
SFAA reaches out to members of
garbage and recycling, and constantly
queue for permit processing or be asked to
the Board of Supervisors to ad-
charging their devices.
resubmit your permit application in paper.
dress points of concern, support,
In fact, year-over-year residential energy
The permitting process in San Francisco
use is 15 to 20 percent higher since shelter-
is constantly changing. Visit the DBI web-
in-place restrictions went into place, ac-
site (sfdbi.org) for the latest information
cording to the California Public Utilities
and for specific instructions for different
Commission. That figure came out well be-
permit types.
DONATE TO THE SFAA LEGAL FUND TODAY
or opposition on any given legislative or policy proposal that impacts rental housing providers. On issues that are particularly harmful for property owners, like the COVID-19 Tenant Protection Ordinance, we’ll
fore an August heatwave, which broiled the West and put so much additional demand
This information was written by Gillian
on the system that rolling blackouts re-
Allen of Reuben, Junius & Rose, LLP.
turned to the state for the first time in years.
SFAA Updates
mobilize our membership in a grassroots effort to engage members of City Hall.
Vacancies may be rising and it’s not as easy
As SFAA pivots to provide you services
But oftentimes, especially in an
to find tenants to fill them, but don’t lose
during the pandemic, there is a new way
increasingly tenant-friendly city,
out on the opportunity to finally make utili-
to connect with SFAA. Email Member-
these proposals get voted into
ties a new resident’s responsibility. Includ-
Questions@sfaa.org to have your ques-
law anyway. During the legislative
ing utilities in the lease is a short-sighted
tions and concerns promptly addressed.
incentive to new tenants. What seems like
While the SFAA office is closed, SFAA staff
hearing on June 8, the Land Use
giving a little right now will quickly turn
is working round-the-clock to keep the
into a lot down the line.
nonprofit running. Timely payment of membership dues is necessary to help the
If you want to learn more about how to
association help you.
Committee heard from hundreds of small property owners. In the legislative file, there are 6,000 pages of comments from San Franciscans, almost all from housing providers
make tenants more responsible for their
opposed to the legislation. And
usage, now is the time to reach out to SFAA
SFAA classes will be available online during
associate member Livable. This smart util-
the pandemic. The San Francisco Apart-
ity billing company has been operating in
ment Association is happy to announce
San Francisco for over a decade and can
that current CCRM students can continue
help you get on the path towards saving
their education during the pandemic right
SFAA established its legal fund in
up to 90 percent on your utility bills while
from home. We understand keeping up
1998, and when the Board of Su-
also motivating tenants to cut back on
education is crucial and want to assist our
pervisors passes ordinances that
their usage. Find out more at livable.com
members to stay up to date. Thus we will be
or call 877-789-6027.
setting up more webinars in the future. See
violate our members’ rights, we
the calendar on page 50 for a list of classes.
Online Permitting Changes The Department of Building Inspection (DBI) is temporarily limiting the types of permits that may be submitted online through the digital permit submission process to new 100% affordable housing projects, new permits for Development Agreement projects, and addenda and revisions for already submitted digital in-house
process improvements to increase efficiency and integrate the system with DBI’s Permit Tracking System (PTS).
10
OCTOBER 2020 | SF APARTMENT MAGAZINE
by a vote of 10-1.
have no choice but to file litigation against the city. In recent years, we’ve seen a pattern of laws being
Mike Stack
passed that don’t consider or ad-
Real Estate Advisor
dress the perspectives of housing
Call or email me today for a free & private analysis of your property’s value.
providers. We ask that you donate to the SFAA Legal Fund today. Please write a check to the “SFAA Legal Fund” and mail it to the SFAA office at 265 Ivy Street, San Francisco, CA 94102, to support this ef-
review permits. They are working to retool the digital system and make workflow and
yet, the ordinance was approved
415.580.9095 mikestack@vanguardsf.com MikeStackSF.com DRE# 01932 2 8 0
fort and to help build the legal fund to function as a deterrent against future harmful proposals.
Adam Filly
Exceeding Expectations
Apartments | Mixed-Use | Commercial
Even in challenging times, Adam has achieved outstanding results for his clients. These properties were all sold during our shelter-in-place.
Just Sold
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1363 7th | 5 Units
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Adam Filly Senior Vice President | m: 415.516.9843 | adam@adamfilly.com DRE 01354775 | www.AdamFilly.com Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All material presented herein is intended for informational purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any description. All measurements and square footages are approximate. This is not intended to solicit property already listed.
SF APARTMENT MAGAZINE | OCTOBER 2020
11
COLUMN
SURREAL ESTATE
Inside-Out(doors) w r i t t e n b y J U S T I N A . G O O DM A N
The amenity that most justifies San Francisco rents is San Francisco itself. Our small businesses need all the help they can get to maintain operations and serve our communities.
W
While parklets exist in public space, businesses (especially restaurants) have an obvious incentive to make the investment. The proximity of the public space to the business generally expands the business’s capacity without requiring it to pay for more indoor square footage.
hen I chose “Surreal
parts of our practice area, but there were
Many restaurants were therefore eager
Estate” as the title for
rent forbearance agreements to draft,
to pay tens of thousands of dollars for
this quarterly column,
buyout agreements to negotiate, new
a parklet with additional seating right
I meant to playfully
property management “best practices”
outside (even if their customers had to
evoke the interplay between uncon-
to evaluate, laws to challenge, and of
share the space with passers-by).
ventional market strategies that emerge
course, plenty to learn to keep our ad-
from one of the planet’s hottest rental
vice on the cutting edge.
The parklet development process is straightforward. The sponsor submits
markets, and the sometimes bizarre regulations working to prevent the treat-
For this third installment, I’m interested
the proposal and notifies the public.
ment of rental housing as a commodity.
in what life (and our industry) looks like,
Neighborhood support is encouraged
as things gradually move forward. For
(but rarely difficult to marshal) as the
My first column looked at laws attempt-
me, that includes going back out in my
sponsor obtains a permit for construc-
ing to get out ahead of current practices
neighborhood and supporting my local
tion. Parklets are usually a couple of
and predict the future of the market. (It
businesses. In fact, I’m writing this at
parking spaces in length. They may
printed in April, but my deadline was in
one of my favorite restaurants. Or, more
require the conversion of curb colors
the Before Times, back when the weird-
specifically, in their nearby “parklet.”
and removal of parking meters, but barring traffic problems, the city is happy to
est thing going on was the city trying to turn all residential hotel guests into rent-
Parklets are not new. They’ve been a
oblige as it transitions from car culture
controlled tenants.)
San Francisco fixture for about a de-
to “transit first.”
cade and emerged as the city aimed
12
“Surreal” lost its meaning by the second
to reclaim underutilized street space
The city’s construction guidelines
column, as a global pandemic warped
(estimated to occupy up to 25% of
ensure that parklets are safe, sturdy,
the reality of our industry. SFAA-affili-
our tiny landmass). An organization
and clean. The city expects a relatively
ated attorneys scrambled to understand
called Groundplay (a collaboration
level base platform, flush with the curb,
what the law even was at the moment.
of the Planning Department, Public
made out of weather-resistant materials
Everything was happening all at once,
Works, SFMTA, and the Mayor’s Office)
(as opposed to materials like plywood).
but we were frozen in time as we shel-
oversees this grassroots approach to
This also helps ensure ADA compli-
tered in place.
public space: instead of the city curat-
ance. Parklets should be designed to
ing a park, a parklet sponsor (usually a
minimize debris but allow drainage.
With unprecedented unemployment
local business) will take on the project
The city encourages landscaping, self-
numbers, my colleagues and I were
of turning former parking spaces into
contained solar lighting systems, and
blessed to have plenty of work to do,
neighborhood amenities. (This benefits
a variety of novel features—including
even as we were forced to do it from
residential tenants in particular. Accord-
interactive, educational elements for
home. Litigation was stayed, and new
ing to a study by Groundplay, 82% of
kids—that beautify and enhance the
regulations delayed and even eliminated
homes near a parklet are apartments.)
city’s diverse neighborhoods.
OCTOBER 2020 | SF APARTMENT MAGAZINE
John Antonini
+
Daniel Foley
Multifamily + Mixed-Use + Add-Value
For Sale 188 Guerrero Street 3 Units | Mission Dolores Two Flats Delivered Vacant Move-In/Rent Ready $2,250,000
Sold - Off Market 4401 20th Street 7 Units | Castro $328/ft, 13 GRM One Unit Delivered Vacant
These transactions occurred during COVID. Call/Email for Details + Market Updates John Antonini
415.794.9510 john@antoninisf.com DRE 01842830
Daniel Foley
415.866.7997 daniel@danielfoley.com DRE 01866714 SF APARTMENT MAGAZINE | OCTOBER 2020
13
Compass is a real estate broker licensed by the State of California and abides by Equal Housing Opportunity laws. License Number 01527235. All material presented herein is intended for informational purposes only and is compiled from sources deemed reliable but has not been verified. Changes in price, condition, sale or withdrawal may be made without notice. No statement is made as to accuracy of any description. All measurements and square footage are approximate.
Mine is… a bit different. It’s made from parade barriers. I’m sitting on what is clearly indoor furniture placed directly on the street, and my beer spills whenever I accidentally nudge the wobbly table. There are no plants, and nothing is encouraging me to be a scientist when I grow up. You know what? I’m starting to suspect that this fine establishment did not go through the usual rigors of the city’s parklet approval and construction process. But who could blame them? After San Francisco’s false start in July, the Mayor reversed course on indoor dining amid a surge of new coronavirus cases in the Bay Area. Many business owners had invested in new safety protocols and equipment, only to be told at the last minute that they couldn’t deploy them. Governor Newsom introduced a tiered reopening agenda in late August that authorized San Francisco to allow indoor
Laundry just got easier.
dining at 25% capacity, but our local order still says “on hold.” Meanwhile, the Department of Public Health issued guidance for restaurants on outdoor dining. These contain a lot of familiar features (social distancing,
At WASH, we are transforming the laundry experience with intelligent systems and easy-to-use apps.
facemasks, regular cleanings, and warning signs). Bars aren’t yet permitted to open, indoors or outdoors (even though some of us need a little extra help coping with the pandemic, the fires, climate change, the election, the economy, the lack of sports
• Pay from your phone with mobile payment • Check machine availability and get alerts when your laundry is done
and movie theaters, and having put on “the COVID 19” while all the gyms are closed). To qualify as an “Outdoor Dining Establishment” in this new regime, the business
• Scan a barcode on a washer to
must have a valid permit to operate as a food establishment, and must “provide real
request service
meal service in a bona fide manner.” This
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vague standard excludes “TV dinners,” but seems to authorize any establishment that can “prepare and serve” food on-site. However, in addition to telling us that we’re not allowed to play outside until we finish our dinner, the city is telling us that we have to eat. Some gastropubs are getting in trouble because their patrons only want to snack on some fries with their beers. It may Surreal Estate… continued on page 62
14WS19-023 OCTOBER Just Got 2020 Easier Ad | SF 4_875x10.indd APARTMENT 1 MAGAZINE
5/28/19 8:39 AM
THE JONES TEAM Ethical. Human. Local.
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Eviction moratorium 5
To receive our quarterly newsletter, send us your email and we will add you to our list.
Terrence Jones
Isabelle Salvadori
Lic. #01343939
Lic. #01506910
Terrence@TerrenceJonesSF.com
Isabelle@TerrenceJonesSF.com
TerrenceJonesSF.com | 415.786.2216
415.596.0659
Senior Broker Associate
Real Estate Professional
SF APARTMENT MAGAZINE | OCTOBER 2020
15
COLUMN
LEGAL Q&A
The Blame Game w r i t t e n b y VA R IOU S AU T HOR S
Practice reasonable and precautionary behavior to protect yourself against dubious claims. also ask the cleaning company to let Q. A tenant is claiming she
contracted COVID-19 from the cleaning staff who clean the building’s common areas. I gave tenants advance notice and recommended they stay in their units during the cleaning. How should I respond? Am I liable?
A. Since the pandemic, there seem to
positive, you have preserved information about whether any facts support your tenant’s claim. And because you’ve reacted to any “positives” by taking other precautions in your building, you’ve mitigated the situation. Whether you are liable is a question for a jury, but
you know if any of the crew members
your practice of reasonable and precau-
tested positive for COVID-19.
tionary behavior will serve you well in potentially avoiding that outcome.
Now that you’ve gotten out ahead of the concern, you want to think from the perspective that this tenant is going to blame you for their contracting COVID-19, and their claim would be styled as one for “negligence.” In that context,
be a lot more medical experts than there
you’re in an impossible situation: if you
were only a year ago. I have to con-
hadn’t cleaned, you might be found
stantly remind myself that I am not one
negligent for permitting an unclean
of them, even though my first question
environment, but because you did, you
is, “how does your tenant know she con-
invited in persons who didn’t necessar-
tracted COVID-19 from your cleaning
ily need to be there.
staff specifically?” Instead, I will do my
—Justin A. Goodman
Q. Our tenant has approached
us about lowering his rent when his lease ends next month. Rather than reduce the amount, locking us into the lower rate, we’d like to keep the rent as is, but offer him a free month. Is this advisable?
A. The law is very clear on this subject
best to answer this question as a lawyer.
Going forward, I think cleaning should
and has recently been circulated by the
A lawyer’s first concern is that your ten-
occur, and that a third-party cleaning
Rent Board in light of the COVID-19
ant is getting the medical attention they
crew should take responsibility and
crisis: A landlord who grants a rent
need to weather the virus as best they
accountability for their own COVID-19
reduction due to market conditions
can. But after taking these initial “life
management (including ensuring their
makes that reduction permanent. This
and death” precautions, the lawyer’s at-
employees are not symptomatic and
means that future rent increases must be
tention turns to damage control.
that they are practicing safe protocols
based off of the lowered amount, which
to minimize transmission). Beyond
becomes the new base rent. In addition,
You need to facilitate contract trac-
that, I think it is suspicious that your
the property owner is likely precluded
ing—one infected by COVID-19 informs
tenant “knows” they contracted it from
from withdrawing or canceling the re-
the health department of their interac-
the cleaning crew.
duction at a later time.
who have been exposed to get tested,
Unfortunately, because many tenants
A rent reduction may only be rescinded
monitor their conditions, and self-iso-
have lost income, rents are falling, and
or canceled if the tenant has requested
late. You should ask this tenant if they
some tenants are looking to escape
a temporary adjustment based upon an
have confirmed test results, so you can
lease terms or higher-than-market rents,
economic hardship specific to that ten-
sound the alarm in the building and
we are seeing more plain vanilla tenant
ant’s personal or household situation.
with your cleaning crew to let all par-
complaints presenting as “the reason”
For example, the tenant is laid off or is
ties know that they may have been ex-
that a tenant vacates. But if you ask, in
ill (i.e., due to COVID-19), or encoun-
posed. (Whether or not anyone in the
real time, for the tenant to confirm their
ters unexpected expenses to care for
cleaning crew had the virus, they were
diagnosis and for the cleaning crew to
potentially exposed to it.) You should
confirm whether their employees tested
tions with others to help notify others
16
OCTOBER 2020 | SF APARTMENT MAGAZINE
Legal Q&A… continued on page 60
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855.899.4597
**All offerings shown are Regulation D, Rule 506(c) offerings. This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please read the entire Memorandum paying special attention to the risk section prior investing. IRC Section 1031, IRC Section 1033 and IRC Section 721 are complex tax codes therefore you should consult your tax or legal professional for details regarding your situation. There are material risks associated with investing in real estate securities including illiquidity, vacancies, general market conditions and competition, lack of operating history, interest rate risks, general risks of owning/operating commercial and multifamily properties, financing risks, potential adverse tax consequences, general economic risks, development risks and long hold periods. There is a risk of loss of the entire investment principal. Past performance is not a guarantee of future results. Potential cash flow, potential returns and potential appreciation are not guaranteed. Securities offered through Growth Capital Services member FINRA, SIPC Office of Supervisory Jurisdiction located at 582 Market Street, Suite 300, San Francisco, CA 94104. Kay Properties and Investments, LLC and Growth Capital Services are separate entities. These testimonials may not be representative of the experience of other clients. Past performance does not guarantee or indicate the likelihood of future results. These clients were not compensated for their testimonials. Please speak with your attorney and CPA before considering an investment. SF APARTMENT MAGAZINE | OCTOBER 2020 17
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19
COLUMN
SHERIDAN REPORT
Take It or Leave It w r i t t e n b y M AT T H E W S H E R I DA N
As tech workers reconsider work-life balance and square footage, the housing market has taken a hit.
T
life in San Francisco has become and will remain, dramatically altered.
he announcement sur-
that establishing its headquarters in the
Exacerbating this new reality is the
prised few. After weeks on
historic Western Furniture Exchange
employment situation locally. Follow-
end of thick fog blanketing
and Merchandise Mart on 10th and Mar-
ing massive layoffs over the first three
San Francisco, Google an-
ket would lead to the transformation of
months of the pandemic, San Fran-
nounced in late July an extension of
Mid-Market and neighboring Civic Cen-
cisco has steadily added almost 57,000
the company’s optional remote-work
ter. Unfortunately, Twitter’s presence did
jobs as of July, though the gains were
policy for its employees until summer
not serve as a catalyst for change.
hampered by the resurgence of the virus earlier in the summer. However,
2021. Over the previous four months, as the world struggled to contain the
The economic spillover to the surround-
of the nearly 189,000 jobs lost, close
spread of the novel coronavirus that had
ing communities never arrived. Trendy
to 132,000 have yet to be recovered in
already killed over 650,000 worldwide,
restaurants sprung up, but were quickly
the San Francisco Metro Area, which
companies across the globe had permit-
shuttered—hamstrung by the company-
includes San Mateo County.
ted their staff to work remotely, while
sponsored high-end cafeterias. Down
service-based industries and others had
the street, a daily black market of stolen
The tech sector here has not been
laid off millions.
merchandise persisted for years (until
spared by job losses either. With its
it was shut down by the mayor), while
massive concentration of technology
Within days of the announcement,
open-air drug dealing continued to
companies, the Bay Area has been hit
nearly every other major tech company
plague nearby streets. But the saddest
the hardest with tech-related layoffs.
followed suit.
and most troubling plight of this neigh-
According to Layoffs.fyi, a site that
borhood is the chronic hardcore home-
tracks tech-startup layoffs since the
The Bay Area, with its overwhelming
less that live on the sidewalks. While
onset of the coronavirus, leading tech
reliance on the tech economy, was un-
the city spends hundreds of millions of
firms across the region have issued over
questionably going to be impacted by
dollars annually to address the homeless
28,000 layoff notices to their employ-
this unprecedented alteration of how
situation, the situation has been com-
ees. In comparison, firms in New York
business and work is conducted. Sales-
pounded by COVID-19.
and Boston issued just over 9,000 collectively. (Notably, asking rents are es-
force, Airbnb, Facebook, and Uber all
20
joys of suburbia, there is concern that
declared workers had the option to con-
The exodus out of San Francisco began
sential unchanged in these cities.) Lead
tinue remote work until next summer;
in earnest the moment the shelter-in-
by tech giants Uber and Airbnb, the list
while other firms extended just until
place order was declared. As reported
includes Stitch Fix, Salesforce, Yelp, Lyft,
the end of this year. More profoundly
in my last column, given the option to
LinkedIn, and Juul.
though, several tech giants announced
stay here and work remotely or exit,
that after the pandemic was over, most
large numbers of tenants began uproot-
The impact on rental housing has
of their employees would have the
ing their lives, heading back home, to
been severe.
option of permanently working from
cheaper locales or recreational havens.
home—including Twitter, Square, and
No longer satisfied with life here, with its
As of September, asking rents in San
Slack—all based in San Francisco.
high housing costs and COVID restric-
Francisco had already dropped 15%, ac-
tions, this generation—once given the
cording to the experts in the industry.
Nine years ago, when Twitter set up
green light from their employers—opted
In neighborhoods like South of Market,
shop in San Francisco, lured by the city
to move away. Joined by homeowners
rents have fallen 25%, and if the build-
through tax breaks, there was optimism
who have rediscovered the apparent
ing is near a homeless encampment, the
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FOR SALE
Cole Valley | 6 Units | $2,800,000
FOR SALE
Central Richmond | 4 Units | $2,250,000
SOLD
Marina District | 9 Units | $6,450,000
SOLD
Alamo Square | 12 Units | $6,950,000
Over Asking
In association with Carlos Moralejo
In association with Dan McGivern
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Offices Throughout the U.S. and Canada
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OCTOBER 2020 | SF APARTMENT MAGAZINE
www.MarcusMillichap.com
Specialization • Expertise • Results
SOLD
Haight Ashbury | 17 Units | $8,050,000
SOLD
North Beach | Mixed Use | $11,000,000
In association with Joe Levy
In association with Taylor Flynn & Gino Franco
FOR SALE
Duboce Triangle | 9 Units | $6,350,000 In association with Joe Levy
Marina District | 9 Units | $4,250,000
SOLD
In association with Nick Bonn
To access the investment market, contact the market leader.
Sanford Skeie
Senior Vice President Investments National Multi Housing Group (415) 625-2153 sandy.skeie@marcusmillichap.com License: CA: 00982336
Clinton Textor
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www.MarcusMillichap.com
SF APARTMENT MAGAZINE | OCTOBER 2020
23
Jobs
drop is even worse. Officially, asking rents are only down 8% in San Francisco and
75,000
San Jose, according to CoStar, an analytics
25,000
and marketing firm for commercial real es-
-25,000
tate. This data however tends to focus on larger Class A/B properties and leaves out
-75,000
the buildings owned by smaller operators
-125,000
that comprise the vast majority of properties in San Francisco.
-175,000 2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Monthly; San Francisco Metro Division; Non-Farm
Source: Cal. E.D.D.
“This is the worst anyone has ever seen, and I’ve been at this now for 17 years,” warns David Chesnosky, a leasing agent with RentingSF. “People are still continuing to move out of the city and no new
Employment Growth 10.0%
San Francisco
people are moving in,” cautions Chesnosky. He reports those who are in the
East Bay
5.0%
market are just people who already live
0.0%
here, and they are savvy. “Tenants want
-5.0%
outdoor space, a yard, a roof, a deck, a patio—they want space.” Ideal rentals would
-10.0%
include amenities like a small office, or
-15.0% -20.0% 2010
more importantly, a washer and dryer. 2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Metro Area; Year Over Year; Non-Farm
Source: Cal. E.D.D.
“Rents are down 15% on average,” says Paul Gaetani, one of the industry regulars I call on to report what’s happening. With nearly 4,000 units under management, his company, Gaetani Real Estate, reported nearly 90 current listings early
Initial Unemployment Claims
last month—which is very high. “They are
60,000
renting—assuming our clients are willing
50,000
to negotiate on price.”
40,000 30,000
He points out most renters are asking
20,000
for concessions at the get go. “First they apply, and then at the lease signing, the
10,000 0 2010
negotiations start on price,” tells Gaetani, 2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Monthly; San Francisco
Source: Cal. E.D.D.
who recommends to his clients that they work with tenants. As they say, a bird in the hand is worth two in the bush. “At this point, get it filled at all cost—I don’t see this letting up anytime soon, especially as we enter the holiday season.” warns Gaetani.
Unit Count (Multifamily Permits)
“By the way, everything is pet friendly
2,500
these days.” Other concessions include one month’s rent credit, low deposits, and
2,000
move-in dates scheduled one month out.
1,500
“Landlords have got to listen to the mar-
1,000
ket these days—no aiming high,” warns
500 0 2010
Jackie Tom, whose firm Rentals in SF specializes in leasing. She encourages own2011
Source: US Census
24
2012
2013
2014
2015
OCTOBER 2020 | SF APARTMENT MAGAZINE
2016
2017
2018
2019
2020
5+ Unit Buildings; San Francisco
ers to be realistic with the pricing. “We’re always up front with what a property is
Jeremy Williams No Listing or Purchase is Too Complex with the Right Representation AVA I L A B L E
– 6 6 9 ELLIS S TREET – 14 U nit s in Dow nt ow n/ Tender loin
Turnkey 14-Unit Investment Property with Many Recent Improvements Professionally managed income property near the heart of San Francisco’s tourism and tech hub. Substantial repairs and improvements in recent years. Ideal property for a buy and hold / long-term investment. Call or e-mail Jeremy for pricing.
SOLD
– L i s t in gs & Bu ye r Re pre se nt at ions
6 Units | Alamo Square
5 Units | North Panhandle
3 Units | Nob Hill
5 Units | Hayes Valley
Seller & Buyer | Probate Trustee Sale; Exchange Buyer
Seller & Buyer | Probate Trustee Sale; Tech Buyer
Buyer Represented ALL-CASH Buyer
Buyer Rep. | Off-Market ALL-CASH Buyer
6 Units | Inner Mission Buyer Represented Fire Dmgd.; Exchange Buyer
11 Units Mixed-Use | Mission
9 Units Mixed-Use | Mission
3 Units | Anza Vista
Seller & Buyer | Off-Market Non-Profit Buyer; 1031 Exchange
Buyer Represented | Off-Market Non-Profit Buyer
Buyer Represented ALL-CASH Buyer
Call or e-mail Jeremy for a free and confidential property valuation.
Jeremy Williams 415.932.9846
Multi-Unit & Commercial Sales Specialist jwilliams@CorcoranGL.com | License: 01952598 SFApartmentBroker.com SF APARTMENT MAGAZINE | OCTOBER 2020
25
Mortgage Rates 7.0%
worth, clearly communicating to our clients where the market is.”
30-Yr FRM
6.0%
5-YR ARM
5.0%
The key with prospective tenants according to Jackie is to keep them happy. A
4.0%
couple considering leasing a unit in a
3.0%
building she owns was concerned about
2.0%
the limited closet space. Determined not
1.0% 2010
to let potential renters slip away, Jackie 2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Monthly Averages
Source: Freddie Mac
sprung into action and proposed several improvements to the apartment, including new closet systems, a kitchen island, sound-reduction curtains and pantry shelving (tenants picked it all out at Ikea, and she paid for it). The cost: $1,100. She
Home Appreciation
even purchased a gas BBQ grill for the
30%
rear garden. “The gesture of giving and them getting was enough.” Jackie con-
20%
firmed asking rents had taken a serious dive. “We’re at 10-year-ago pricing,”
10%
remarked Tom, who mentioned she had seen a two-bedroom unit in Presidio
0%
Heights renting for $3,200.
-10% 2010
2011
Source: S&P/Case-Shiller
2012
2013
2014
2015
2016
2017
2018
2019
2020
Year-Over-Year Change; Seasonally Adjusted; Bay Area
With the statewide vote on Proposition 21 scheduled next month, some owners are reluctantly leaving units off the market in hopes of avoiding locking in artificially low rents. Of the proposition’s many detrimental components to owners, none is more
Gross Domestic Product
drastic than the section that removes va-
10%
cancy control restrictions from state law. “If
0%
we lose Prop. 21, there will be real change—
-10%
it would devastating,” said an owner who
-20%
units with views, he’s opted to not to lease
requested anonymity. For his top-floor them out until the market improves.
-30% -40%
2010
2011
2012
2013
Source: US Bureau of Economic Analysis
2014
2015
2016
2017
2018
2019
2020
A word of caution about news coverage for today’s rental market: don’t rely on it to make crucial decisions. Often media sources are tech-based reporting agencies with funny names—firms that have come and gone over the years. Trust the profes-
Ellis Act (Affected Units)
sionals in this industry. They have been
125
in the trenches for years and will have
100
Monthly Count
up-to-date numbers that you can rely on
Historic Average
to help fill vacancies and navigate in this
75
unprecedented time. Local management companies, experienced leasing agents,
50
and speakers at SFAA’s meetings—all will
25 0 2010
have insight into the market that cannot be gleaned from the pages of a newspaper 2011
Source: SF Rent Board
26
2012
2013
2014
2015
OCTOBER 2020 | SF APARTMENT MAGAZINE
2016
2017
2018
2019
2020
Average Since 2010
Sheridan Report… continued on page 65
DAN MCGUE
S A N F R A N C I S C O ’ S L E A D I N G A PA RT M E N T B R O K E R
$2.6 B i l l i o n
i n t o ta l
SaleS!
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$1,663,717 Auburn, ME
$11,350,000 Sacramento, CA
$6,285,715 Sacramento, CA
$2,920,000 Penn Valley, CA
$8,359,615 Chino, CA
For Sale!
For Sale!
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12 Unit Apartment Building Sunset District
8 Unit Mixed-Use Building Castro District
5 Unit Apartment Building Pacific Heights
27 Unit Apartment Building Noe Valley
For Sale!
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SF Multi-Family Properties For Sale!
4 Units Apartment Building SOMA
For Sale!
9 Unit Apartment Building SOMA
42 Unit Apartment Building Downtown SF/Tenderloin
4 Unit Apartment Building Noe Valley
6 Unit Mixed-Use Building Nob Hill
Dan McGue
Senior Commercial Broker Associate
Lic# 00656579 415.310.5787 | dan@danmcgue.com | www.danmcgue.com
NRT
© 2019 Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates. All Rights Reserved. Coldwell Banker Real Estate LLC, dba Coldwell Banker Commercial Affiliates fully supports the principles of the Equal Opportunity Act. Each Office is Independently Owned and Operated. Coldwell Banker Commercial and the Coldwell Banker Commercial Logo are registered service marks owned by Coldwell Banker Real Estate LLC, SF APARTMENT MAGAZINE | OCTOBER 2020 dba Coldwell Banker Commercial Affiliates. Each sales representative and broker is responsible for complying with any consumer disclosure laws or regulations.
27
BIG-DEAL BALLOT written by
CHARLEY GOSS
The November 3 ballot is chock-full of measures and candidates to consider. Read on for SFAA’s take and recommendations. 2020 has been one hell of a year. Between a global pandemic, massive civil unrest, a renewed focus on racial injustice, and some of the largest fires in U.S. history, our country and our state have seen so much tumult and uncertainty this year that 2019 feels like a fond but distant memory. With our world turned upside-down over the last seven months, it’s hard to believe that we are just around the corner from another election. But elections are an opportunity to make change, choose new leaders, and support new ideas—and, like always, San Francisco voters will be asked to consider a ballot chock-full of measures and candidates at the local and state levels.
Local Ballot Measures The San Francisco ballot will feature 13 propositions, with a focus primarily on oversight of city departments as well as newly proposed taxes or revisions to our existing tax structure. Proposition A is a $487.5 million general obligation bond, which has been called the “Health and Homelessness, Parks and Streets Bond.” The measure arrives on the ballot with the unanimous support of the Board of Supervisors and Mayor London Breed. Money raised by the general obligation bond will fund a range of services, focusing on acquiring facilities to house and provide services to the homeless, in addition to park, open space, recreational facility, and street improvements. The measure also authorizes landlords to pass through 50% of the resulting property tax increase to residential tenants. Proposition A needs 66% to pass, and has widespread support across the city. The SFAA Political Action Committee is recommending a NO vote on Prop. A. In a time of fiscal uncertainty, when most businesses and governments are looking at contracting, Proposition B proposes to expand our local government by creating a new city department. The Department of Sanitation and Streets will be created if voters approve Prop. B, and it will be tasked with succeeding certain duties that are currently handled by the Department of Public Works (DPW). The measure would also create a new Public Works Commission to oversee DPW, as well as a Sanitation and Streets Commission to oversee the newly created Department of Sanitation and Streets. Responsibilities for cleaning and maintaining the streets and public right of way would be transferred from DPW to the newly created department. Although it’s tempting to look at the condition and cleanliness of our streets and want to vote YES on this measure, San Francisco does not need to expand its government and create new departments and oversight commissions at this time, especially because cleaning and maintaining the streets is currently in the purview of an already-existing department, the Department of Public Works. Vote NO on Prop. B. Proposition C will remove citizenship requirements for members of city bodies like boards, commissions, and advisory bodies. Under existing law, members of policy bodies must be at least 18 years old, U.S. citizens, and must live in and be registered to vote in San Francisco. Proposition C would allow non-citizens to serve on city bodies, but would maintain the age and residency requirements with a few exceptions. SFAA’s PAC is recommending a NO vote on Prop. C. If approved by voters, Proposition D will create an oversight board for the Sheriff’s Department. The measure will also create a Sheriff’s Department Office of the Inspector General, which would be tasked with investigating non-criminal misconduct by
28
OCTOBER 2020 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | OCTOBER 2020
29
SFAA NOVEMBER 2020 SLATE CARD STATE & LOCAL BALLOT MEASURES
employees and contractors of the Sheriff’s Department, as well as investigating incustody deaths. San Francisco just voted a new Sheriff into office less than one year
Proposition 21
Local Rent Control Initialtive
NO
Proposition A
Health and Homelessness, Parks and Streets Bond
NO
Proposition B
Department of Sanitation and Streets
NO
Proposition C
Removing Citizenship Requirements for Members of City Bodies
NO
Proposition D
Sheriff Oversight
NO
Proposition E
Police Staffing
NO
Proposition F
Business Tax Overhaul
NO
ago, and this expansion of an oversight body is not needed at this time, especially because it is duplicative of other programs in place in the Sheriff’s Department. Vote No on Prop. D. More than 25 years ago, the San Francisco Charter was amended to require that the San Francisco Police Department maintain 1,971 sworn Police Officers dedicated to neighborhood policing and patrols. Proposition E would remove the requirement to maintain 1,971 Police Officers, and would instead require the Chief of Police to submit a report to the Police
Proposition G
Youth Voting in Local Elections
NO
Commission describing current and rec-
Proposition H
Neighborhood Commercial Districts and City Permitting
YES
would require the Police Commission
Proposition I
Real Estate Transfer Tax
NO
years setting the methodologies for the
Proposition J
Parcel Tax for San Francisco Unified School District
NO
recommends a NO vote on Prop. E.
Proposition K
Affordable Housing Authorization
NO
Proposition F, also known as the “Small
Proposition L
Business Tax Based on Comparison of Top Executive’s Pay to Employee’s Pay
NO
an overhaul of the business tax system in
Measure RR
Caltrain Sales Tax
YES
CANDIDATES BOARD OF SUPERVISORS District 1 - Marjan Philhour District 3 - Aaron Peskin District 5 - Vallie Brown District 7 - Joel Engardio District 9 - No Endorsement District 11 - Ahsha Safai STATE SENATE, DISTRICT 11 Scott Wiener BOARD OF EDUCATION Michelle Parker Jenny Lam COMMUNITY COLLEGE BOARD Tom Temprano
SLATE CARD IS FOR SFAA MEMBERS ONLY
30
OCTOBER 2020 | SF APARTMENT MAGAZINE
ommended staffing levels. The measure to adopt a policy at least once every two Chief of Police to set staffing levels. SFAA
Business and Economic Recovery Act,” is San Francisco. Proposition F is the result of a long-term plan to revise the way San Francisco taxes businesses, and after the pandemic hit was amended to offer tax relief particularly toward small businesses. The measure arrives on the ballot with unanimous support from the Board of Supervisors, as well as Mayor London Breed. It would reduce the business registration fee for businesses with gross receipts of less than $1 million by about 50%. The measure would also repeal the payroll expense tax beginning in the tax year 2021, and it would incrementally increase the gross receipts tax for certain types of businesses until 2024 or 2025. Although the 50% exemption for rent-controlled properties will still apply, this measure will increase the gross receipts tax rate incrementally over the next four years. SFAA is recommending a NO vote on Prop. F. Proposition G would allow 16- and 17-yearolds to vote in municipal elections. This measure also appeared on the November
SF APARTMENT MAGAZINE | OCTOBER 2020
31
2016 ballot, but was unsuccessful. The SFAA
and our city heads into an economic reces-
expand service levels from San Francisco
PAC recommends a NO vote on Prop. G.
sion is just plain irresponsible. The priority
to Gilroy; to support infrastructure and
of our city officials should be to stabilize
capital projects to meet rush-hour demand;
Proposition H would simplify restric-
the economy, work to retain jobs, and sup-
to develop and implement plans to expand
tions for businesses in neighborhood
port small businesses through these uncer-
service; and to leverage local, regional,
commercial districts and the permitting
tain times—not raise taxes. The SFAA PAC
and federal investments to advance capital
processes for certain types of businesses.
recommends a No vote on Prop. I.
projects necessary to implement Caltrain’s 2040 Service Vision. To keep this vital piece
The measure, known as the “Save Our Small Business initiative,” will also amend
Proposition J is a parcel tax for SFUSD,
of public transportation and Bay Area infra-
our planning and tax code to allow for
and comes after a recently passed parcel
structure afloat, which allows for hundreds
greater flexibility for small businesses dur-
tax for teacher salaries. As part of a “No
of thousands of Bay Area residents to com-
ing this difficult time. The measure would
New Taxes” campaign, SFAA is recom-
mute to San Francisco for work or play each
coordinate and streamline inspection and
mending a NO vote on taxing our resi-
day, the SFAA PAC is recommending a YES
review processes for principally permitted
dents and citizens during an economic
vote on Measure RR.
businesses; allow eating and drinking uses
and public health crisis.
Proposition 21
in neighborhood commercial districts to offer workspaces; expand principally and
Proposition K would authorize the city to
While I don’t have enough words in this
conditionally permitted uses in neighbor-
own, develop, construct, rehabilitate or ac-
magazine to cover the full statewide ballot
hood commercial districts; remove some
quire up to 10,000 housing units for afford-
(and the California Apartment Association
neighborhood notification requirements
able housing, but provides no mechanism
endorses statewide measures, anyway), I’d
for these businesses; allow for more flex-
for doing so. SFAA recommends a NO vote
be remiss if we did not mention Proposi-
ibility around temporary and “pop-up”
on Prop. K.
tion 21 in this article. In 2018, all hands
businesses in vacant spaces; allow more
were on deck to defeat Proposition 10, and
outdoor activities; allow temporary uses in
Proposition L is another tax, this time on a
the industry went on to raise almost $70
bars and entertainment venues; and other
CEO’s salary if the salary is greater than 100
million and to beat back the measure by
process and fee changes. Giving small
times larger than that of the company’s low-
almost 20 percentage points. As 2019 crept
businesses a lifeline and some flexibility to
est paid employee. While the tax sounds
along, the campaign prepared itself as it
operate is needed at this time, while at the
like a well-intended measure to address
watched Michael Weinstein draft text for
same time enlivening and engaging our
income inequality, the reality of it is that it
a similar measure, and then take the steps
neighborhoods. SFAA is recommending a
represents yet another tax on businesses
to qualify the measure for the 2020 ballot.
YES vote on Prop. H.
during an economic downturn. Addition-
And then the pandemic hit. Throughout
ally, taxes like these encourage businesses
almost the entirety of 2020, the focus of
Proposition I is a measure that would dou-
to move just across the city border, or to
most of our members has been on things
ble the transfer tax rate, and would apply to
elsewhere in the Bay Area. SFAA PAC rec-
like rent reductions and vacant apartments
properties over $10 million. The measure
ommends a NO vote on Prop. L.
and eviction moratoriums and rent increase
was placed on the ballot by Dean Preston,
moratoriums and emergency orders and
and would increase the tax rate from 2.75%
As an exception to its “No New Taxes”
shelter-in-place—it’s been hard to remem-
to 5.5% on properties between $10 million
slate, the SFAA political action committee is
ber that Prop. 21 poses as big a threat to
and $25 million, while increasing the rate
recommending a YES vote on Measure RR.
the rental housing industry as Prop. 10 did
on the sale of properties over $25 million
Measure RR is a regional measure, which
in 2018. The measure, which essentially
from 3% to 6%. The transfer tax rate would
appears on the ballot after being approved
repeals Costa Hawkins and allows cities
remain unchanged for sales of properties
by the Board of Supervisors in San Fran-
to impose vacancy control, comes just one
under $10 million. While the measure is
cisco, San Mateo, and Santa Clara counties.
year after the California legislature passed
being billed as only applying to the city’s
The measure would authorize a sales tax
sweeping rent control protections state-
largest and most luxurious buildings, it
of one percent (0.125%) with funding dedi-
wide. It will shut down the production of
would also apply to the sale of most of the
cated to operating and capital purposes
new housing, while eliminating protections
buildable land left in San Francisco.
of the Caltrain rail service. Even before
for single-family homeowners. Vacancy
COVID-19, Caltrain was facing structural
control will drive many small property
Dramatically increasing the transfer tax rate
budget shortfalls, and its ability to continue
owners out of business permanently. SFAA
will make it much more expensive to build
operating while keeping its rails and fleet
recommends a NO vote on Prop. 21, and is
new affordable and market-rate housing,
of trains in safe condition was in question,
asking all of its members to contribute $100
resulting in higher housing prices for future
despite Caltrain retaining the nation’s best
per apartment unit to the campaign.
generations of renters. In addition, dou-
farebox recovery rate of 70%. The sales
bling the tax rate while businesses are clos-
tax will last thirty years, and funds from
ing, unemployment rates are skyrocketing,
the tax will allow Caltrain to maintain and
32
OCTOBER 2020 | SF APARTMENT MAGAZINE
Charley Goss is the SFAA director of government affairs.
As the curve flattens we would like to thank all the front line workers who have sacrificed so much during these troublesome times. San Francisco’s #1 Apartment Broker 724 Battery Street | 415.890.0704 compass-cre.com | San Francisco | Los Angeles
SF APARTMENT MAGAZINE | OCTOBER 2020
33
COMMUNITY OPPORTUNITY written by
PA M M C E L ROY
SFAA endorses Marjan Philhour for District 1 Supervisor and her plans to build a better city for every San Franciscan. Marjan Philhour, San Francisco native, small business owner and mother of three, has been making positive change in the city for years, and she now hopes to do so as District 1 Supervisor. SFAA supports Philhour and her plans for building a better city for working-class families, small businesses and their workers, building more affordable and market-rate housing, and addressing the homelessness crisis. In an exclusive interview with SF Apartment Magazine, Philhour discussed her political beginnings in Washington D.C, the upcoming “Save Our Small Businesses” ballot measure, and how she plans to make San Francisco accessible to all. The interview, edited for space and clarity, begins below.
Pam McElroy: What do you love most about the city? What keeps you here? Marjan Philhour: I was born at French Hospital here in the Richmond and grew up along the Peninsula. I spent a lot of my childhood running errands with my mother along Geary. My husband and I made a conscious decision to move back to the Richmond to start a family because we knew it would be a great place to do so.
McElroy: What led you to seek out a career in politics? Philhour: As a high school student, I interned for the late Congressman Tom Lantos. He instilled in me this core principle: “The first responsibility of a public servant is to their constituents.” It was working in his office that showed me how meaningful a life in public service could be. Answering constituent phone calls and helping them solve the issues in their neighborhoods really gave me a great sense of fulfillment, and it also helped me understand how the government can improve the lives of people.
McElroy: What community or political achievement are you most proud of? Philhour: I’m proud to be a co-founder of the Balboa Village Merchants Association. Sense of community plays such an important role in building strong neighborhoods, and I believe that sense of community starts with strong local businesses. It wasn’t easy organizing over 20 businesses, but the support we’ve been able to provide to each other, especially during this pandemic, has been instrumental in keeping our businesses open and developing deep relationships with our neighbors. I am also proud to have started the annual Halloween Festival in my neighborhood. As a mom of three, it’s important to have somewhere family-friendly for my kids to celebrate and trick-or-treat. So many families in my neighborhood had been traveling to other parts of the city to find that, but I didn’t understand why the Outer Richmond couldn’t be that place. I worked with merchants along Balboa to organize donations and street closures. In the end, we were able to create a safe space for families to celebrate Halloween, while also supporting our local businesses. Now families throughout the Richmond come to our annual Halloween Festival.
34
OCTOBER 2020 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | OCTOBER 2020
35
McElroy: What are some of your policy priorities that we will see if you are elected to City Hall? Philhour: Supporting small busi-
them to resources, and purchasing and
the neighborhood in general have to leave
delivering groceries.
every year because it’s too expensive here. We need to look at policies that streamline
Now that we are closer to the election,
the creation of 100% affordable housing
our team is committed to protecting the
and housing projects that include more af-
nesses and their workers, building more
health of our volunteers, voters, and their
fordable housing units than required by the
affordable housing, and addressing the
families. That is why we took a Pledge to
city in the Richmond.
homelessness crisis.
Protect Public Health. For now, we are not holding any in-person events and all
McElroy: The Department of Public Health decided that inperson campaign offices would have to shut down. Can you tell us about your Pledge to Protect Public Health?
Our small businesses are the backbone
of our voter outreach is being conducted
of our local economy so we need to sup-
remotely and virtually. Aside from calling
port them as best we can through direct
and texting voters, we are focusing on
grants, waiving fees, and pass legislation
holding virtual house parties. This is an
and ballot measures that make it easier to
effective way of meeting neighbors, espe-
open, own, and operate a business in San
cially since we’re not able to meet them in
Francisco, like the Save Our Small Busi-
person on the street. In addition, I believe
Philhour: Again, my campaign
nesses ballot measure.
window signs and banners are going to
launched the day after shelter-in-place
play an important part in boosting name
mandate, and coincidentally we were sup-
ID prior to the election.
posed to sign a lease for a campaign office
We also need to address our housing crisis. So many families are being pushed out of San Francisco due to the lack of affordable housing options for families. The Richmond has severely underbuilt new homes for the last 20 years. We need to prioritize building low- and middleincome housing to keep working class families in San Francisco, while also
McElroy: The Richmond District has barely built any new housing in recent years. Are there sites in your district where you’d like to see affordable or market rate housing built?
on Geary. Since all non-essential businesses were forced to close, we held off on opening a campaign office and all of our staff and volunteers started working remotely. I think that those who are aspiring to public office need to lead by example, and right now in this pandemic, that means prioritiz-
recognizing that market-rate housing is
Philhour: For years, the Richmond
the most effective way to subsidize 100%
has been promised more 100% affordable
thing else. With the rise in COVID cases, we
affordable housing construction.
housing by every supervisor. While this
made the decision to protect the health of
is a great talking point, in reality, only
our volunteers, voters, and their families by
Finally, our homeless crisis has only gotten
five 100% affordable homes have been
forgoing in-person campaigning including
worse in the last four years. Multiple tent
built in the last 15 years, and 28 were
lit drops, canvassing, and opening a physi-
encampments have arisen throughout the
permanently acquired. That is an abysmal
cal campaign office. All of our outreach like
Richmond. We need to get people off of the
record to have on housing.
phone and text banks is being conducted
street and into the care and services they
remotely and virtually.
need. I support investing in mental health
I support building more homes along
services, and building more permanent
major transit corridors like Geary, as well
supportive housing, as well as shelter beds,
as in commercial corridors like Clement.
safe sleeping sites, and navigation centers.
We should strive to make our neighbor-
McElroy: How has your campaign pivoted during the pandemic? How are you getting the word out about yourself to Richmond District residents?
Philhour: We launched our cam-
ing public health and safety over every-
hoods vibrant and walkable, with easy access to public transportation. I also think we need to build more transit-oriented, infill housing.
McElroy: What housing issues
are unique to District 1?
McElroy: Tents have been popping up across the Richmond District in recent months. What is the current supervisor doing about the tents, and how would this differ from your approach? Philhour: I believe the rise in homeless encampments in the Richmond, and throughout the city, is due to a lack of leadership from our elected officials for the last
paign the day after the shelter-in-place
Philhour: Our entire city is facing a
was mandated—but that obviously wasn’t
housing shortage, and although some peo-
with a group of neighbors who were hav-
planned. We immediately switched gears
ple are leaving, we still have a housing af-
ing issues with the encampment outside of
and used our campaign resources and
fordability crisis. Families in the Richmond
their homes. They told me for months they
team to support residents during the
don’t have places to live or grow, and often
wrote to the Supervisor’s office and were
pandemic. We spent our time calling
they end up getting pushed out of the city.
continuously told there was nothing their
residents to check in on them, connecting
So many families at my kids’ school and in
office could do. Only after organizing 40
36
OCTOBER 2020 | SF APARTMENT MAGAZINE
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37
neighbors and several local businesses and
more homes that are affordable for working
to support small businesses is by order-
writing to the city every day were they able
class residents, like our first responders and
ing either directly from the restaurant
to get the city to offer shelter and services
teachers, who often don’t qualify for 100%
instead of through an app, or through a
to the individuals living in the encamp-
affordable housing.
community- and volunteer-based delivery programs like Balboa Village Delivers (or-
ment. Their story is a testament to how effective community organizing can be in
In addition to that, we need safe and clean
ganized by the Balboa Village Merchants
enacting change, but it’s emblematic of the
streets. I’m committed to working with
Association) or North Beach Delivers (orga-
problem with our city government.
DPW to increase street cleanings in resi-
nized by North Beach Neighbors).
dential and commercial streets, as well as As Supervisor, I would make it my prior-
installing more BigBelly trash cans and
ity every day to get individuals experienc-
public Pit Stop restrooms. We also need to
ing homelessness off the streets and into
invest in shelter space and mental health
shelters or supportive housing, and make
and addiction treatment to move homeless
sure that they get the help they need to stay
individuals off the streets and into the ser-
off the street. It’s not compassionate or hu-
vices they need.
mane to allow people to live on the streets,
McElroy: How can we Improve public transportation in the Richmond District? How about bike and pedestrian safety? Philhour: We need to ensure that MUNI has proper funding to minimize
especially during a pandemic. While we
I would also work with my constituents to
service cuts, which will disproportion-
can and should move individuals into hotel
advocate for their needs at the Board of
ately affect our low-income residents. I
rooms, we must look at longer term solu-
Education. Families can’t be expected to
will work with SFMTA to identify potential
tions, like addressing our housing shortage,
transport their children all over the city
funding sources to make sure that any ser-
providing job training, and investing in
and to after-school activities. Our school
vice disruptions are minimal to our com-
mental health services for individuals expe-
system is especially challenging for single
munities. The city also needs to work with
riencing homelessness.
parents and working parents—we all know
our national representatives like Speaker
it takes at least two incomes to have chil-
Nancy Pelosi, Senator Kamala Harris, and
dren in San Francisco.
Senator Dianne Feinstein to secure federal
McElroy: Can you tell us about your Neighborhood Summit? Philhour: I believe that it’s the role of government to be relevant to the constituents it serves. If you as a resident
McElroy: Small businesses are
hurting right now. What can we do to support small businesses?
funding for transportation services and improvements. It should be noted that many of the pedestrian and bike improvements that we can make in our District are low-cost improvements. Small tactical
don’t feel connected to your local govern-
Philhour: My sister and I opened our
ment, it’s not a failure on your part—it’s a
family business, a pottery studio and gift
easier to ensure bike safety. Making more
failure on your government’s part. We cre-
shop, on Balboa Street two years ago. As
space for this allows our buses to really
ated working groups to cover topics like
a small business owner, I understand the
prioritize serving those who need public
affordable housing, homelessness, pe-
unique challenges that small businesses
transportation the most.
destrian and bicycle safety, and more. We
face trying to operate in San Francisco. We
met with neighbors to discuss all of these
need to make it easier to open a business
We need to have extensive community
issues and how best to approach solving
here, which is why I support the Save Our
input on how to implement positive
them. My goal with starting this neighbor-
Small Businesses ballot measure. This will
changes, like the Slow Streets program and
hood summit is to create an action plan
streamline the permitting process, which
closing JFK Drive to car traffic to make
with community input and use it to hold
is too lengthy and costs new businesses
sure that access to Golden Gate Park and
the next Supervisor accountable.
thousands of dollars in rent before they
our local businesses remains equitable. We
can even open. It will also update the
also need to think about how Slow Streets
conditional use permitting process to give
closures will impact local businesses.
small businesses the flexibility they need
While there are many challenges to imple-
to thrive in a constantly changing business
menting these changes, I believe they can
environment. I also think we need to waive
make a positive impact in the livability in
the different taxes and fees we impose on
our neighborhoods.
McElroy: How would you
work to make San Francisco more family-friendly and ensure that more working-class families can raise their kids here?
Philhour: One of my biggest priori-
our small businesses.
ties is to build more homes for low- and
In our day-to-day lives, there are a couple
middle-income families. I have seen so
ways we can support small businesses. You
many families from my kids’ school leave
can purchase items from your local stores
San Francisco every year due to how ex-
as opposed to ordering from Amazon. You
pensive housing is here. We need to build
can also purchase gift cards. Another way
38
OCTOBER 2020 | SF APARTMENT MAGAZINE
builds, like the ones on Fell Street, make it
McElroy: What is your plan for Golden Gate Park in regard to safe sleeping sites and closing streets to cars? Community Opportunity… continued on page 52
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41
TENDERLOIN TENSIONS written by
T E R R E NC E JO N E S
If Tenderloin residents can’t leave their buildings or access local merchants because of tent- and syringe-covered sidewalks, should the city be held responsible? If you are not familiar with the with UC Hastings lawsuit against the city of San Francisco, you are not alone. The basics of the suit and subsequent settlement focused on the city allowing the Tenderloin district to become a wasteland of tents, crime, drugs, and drug dealers. The lawsuit, while limited in scope to the Tenderloin, has broad implications for the entire city and county of San Francisco. There are those who assert that the Tenderloin has always been seen by the city as a “containment zone” for illegal drug sales, drug use, and homeless people. Adherents to this view would argue that the city tolerates, and even implicitly supports and condones, negative behaviors that would not be accepted in more affluent neighborhoods. It is widely known that the BART station brings in drug dealers for their daily delivery runs into the Tenderloin. However, in the last six months since the shelter-in-place order took effect, the containment zone has become more of an unregulated favela with an explosion of homeless campers peaking at approximately 460 tents in May 2020. The Hasting suit is instructive. In their filing, Hastings cited the reactions of potential students, many of whom chose not to accept their admissions offer due to the danger surrounding the Hastings campus, amplified by the lack of social distancing in the COVID-19 pandemic. The deterioration of sidewalk conditions was also noted in the experiences of the five co-plaintiffs who joined the suit, among them the Tenderloin Merchants Association. There is little disagreement among residents and merchants that the situation is untenable. The hazards posed to the elderly, vulnerable, and families who were essentially trapped inside their apartments and SRO units were palpable. The sidewalks had become campgrounds lacking basic sanitation, littered with syringes. The lawsuit also noted the prevalence of rampant open drug dealing. Hastings did not seek monetary damages or attorney fees from the city in the suit. The attorneys, all UC Hastings alums, made their time available on a pro bono basis and they volunteered to prepare, research, and file the lawsuit. The ultimate settlement with the city stipulated that the city would make its best efforts to completely and permanently remove the tents and transfer the homeless to hotels or safe campgrounds. Further, they agreed that the SFPD would enforce drug laws uniformly across the city. But the settlement acknowledges that the use of litigation has its limits when it comes to the exercise of discretion by duly elected officials. In other words, the voters must ultimately make the judges and the District Attorney accountable. The city’s legal obligations with regard to compliance with statutes and ordinances related to public nuisance, negligence, and the Americans with Disability Act (ADA) are much more prescriptive. The city and county of San Francisco actually own the sidewalks outside the buildings in the city. So, if residents cannot go outside their buildings because the sidewalks are covered with tents, the city is ultimately responsible. If you are fortunate enough to have a functioning business and people cannot come and go to buy groceries or do laundry because the door is blocked, that is considered a public nuisance.
42
OCTOBER 2020 | SF APARTMENT MAGAZINE
SF APARTMENT MAGAZINE | OCTOBER 2020
43
After monitoring of the dynamics sur-
widespread speculation that the causes of
rounding the litigation, I came to the con-
the two massive fires at Pier 45 (May 25)
clusion that the primary opposition to the
and at 14th and Folsom (July 28) were from
suit came from two constituencies. First,
camp fires. The merchants I talked to at
there were some members of the Board of
Fisherman’s Wharf suspected that the Pier
Supervisors who expressed the fear that
45 fire was a camp fire because a homeless
if the suit was successful, then copycat
person had actually been seen making fires
lawsuits would emerge throughout the city
nearby. After three months of investigation
that would come with a significant cost.
by the fire department, there is still no offi-
This is a real concern as the city is looking
cial cause for the Pier 45 fire. The response
at a $2 billion deficit, and they are hoping
I got from Lt. Jonathan Baxter of the San
the bonds in November cover the holes in
Francisco Fire Department was that the
the budget. So far, we have seen a few law-
“fire is under investigation.” In late August,
suits with the Mid-Market merchants plus
I checked on the 14th and Folsom fire site
another likely suit soon to be filed, coming
and the burned area has been completely
out of the Castro district. The second op-
razed. All that is left of the four buildings
position group is the Coalition on Home-
are their fire-blackened foundations. The
lessness, which has led efforts to broadly
day before the fire, there was a camp mat-
oppose the settlement, despite the fact that
tress fire on the sidewalk in front of that site
many of the unhoused have been able to
that was put out by the fire department. To
secure hotel rooms and other accommoda-
this day, the fire has no official cause. As
tions through this settlement, getting many
we saw in the great earthquake of 1906, fire
human beings in need off the streets and
was more devastating than the actual earth-
into real shelter.
quake. I certainly do not think open flames on the street is a good idea.
The settlement passed on a vote of 7-4 with the Board of Supervisors. Supervisors Hil-
What does the future hold for lawsuits to
ary Ronen (D9), Shamann Walton (D10),
get the city politicians to act to protect
Dean Preston (D5) and Aaron Peskin (D3)
residents and merchants in San Francisco?
voted against it. Three of the 4 no votes are
Only time will tell. It seems to me that law-
up for re-election in November.
suits are a fair offset to the supervisor’s ability to put items on the ballot with just a few
This author certainly feels empathy, com-
signatures because, in their opinion, their
passion, and concern for those people
“cause” must be made into law. I once asked
who are forced to live on the street. There
the city attorney why supervisors move
are many people in need of housing
forward with laws that are likely to be over-
and help in the city of San Francisco. We
turned in the courts and gave examples of
live in a complicated city and building
many anti-real estate owner laws that have
more housing is one possible solution. I
been overturned in San Francisco. His re-
also feel that San Francisco spends more
sponse was, “We advise them, but they are
and more money each year to perpetu-
not obligated to heed our office’s advice.”
ate what some refer to as the “Homeless Industrial Complex.” Stepping outside the
My advice to owners of real estate in the
COVID-19 shelter-in-place situation, on a
city is to get involved in the neighborhoods
macro long-term basis, we have not seen a
where your investments are to see if there
reduction in the number of people living
are opportunities to change the dialogue
on the streets, despite the continued in-
from protecting the homeless and the ten-
crease in funding over the past few years.
ants to a dialogue of protecting everyone,
It seems that the more money spent on
including the landlords and building own-
the problem, the larger the unhoused and
ers in San Francisco.
tent populations grows. Another real issue is public safety as a result of these tent cities. I do not mean only the spread of COVID-19, but there is
44
OCTOBER 2020 | SF APARTMENT MAGAZINE
Terrence Jones is a Senior Broker Associate with Corcoran Global Commercial. He can be contacted at (415) 786-2216 or terrence@terrence jonesSF.com.
Passthroughs
PAY! Take advantage of the Rent Board rules that benefit you.
We prepare petitions for • Soft Story/Voluntary Seismic • General Capital Improvements • Operating and Maintenance and also • Annual Increase letters • General and Water Bond Passthroughs We have 18 years of experience and have filed hundreds of successful passthroughs. Call us today at
415-333-8005
to find out how you can benefit.
sfaa’s Lunch & Learn
Virtual Tours Webinar
LUNCH & LEARN VIRTUAL TOURS WEBINAR
So your unit is ready for market and you need to show the unit, what do you do? How do you show the unit during a pandemic? How do you make a virtual tour for prospective tenants? Have your lunch at home and learn how. This class will be taught by Michelle Horneff-Cohen of Property Management Systems. Once you complete the registration you will be sent a separate link to register for the Zoom webinar systems. Upon completion you will be sent the event access ID. DATE & TIME:
Thursday, October 15, 2020 12:00 p.m. to 1:00 p.m. COSTS:
Members: $25 Non-Members:$40
REGISTRATION:
For more information contact Stephanie Alonzo at: 415.255.2288 x113 or stephanie@sfaa.org
*Credit Card payment required for Non-Members
sfaa’s Covid-19
Legal Discussion Webinar COVID-19 LEGAL DISCUSSION WEBINAR
Learn firsthand what the top landlord attorneys on the SFAA Attorney Panel have to say. Understand the tenants’ perspective and learn how both landlords and tenants can work together to resolve issues before having to deal with legal counsel. Moderator: Dave Wasserman of Wasserman-Stern Panelists: Kevin Greequist, of counsel to Zanghi Torres Arshawsky LLP; Curtis Dowling of Dowling & Marquez, LLP; and Justin Goodman of Zacks, Freedman & Patterson, PC. Once you complete the registration you will be sent a separate link to register for the Zoom webinar systems. Upon completion you will be sent the event access ID. DATE & TIME:
Friday, October 16, 2020 10:00 a.m. to 11:00 a.m. COSTS:
Members: $45 Non-Members:$65
REGISTRATION:
For more information contact Maria Shea at: 415.255.2288 x110 or maria@sfaa.org
*Credit Card payment required for Non-Members
SF APARTMENT MAGAZINE | OCTOBER 2020
45
46
OCTOBER 2020 | SF APARTMENT MAGAZINE
sf.0219.rentals-in-sf.pdf
1
2/6/19
7:16 AM
Landlord & Leasing Agent, A Winning Combo. C
M
Y
CM
MY
CY
CMY
K
Having over 25 rental units of her own, Jackie brings first-hand experience as a landlord to all of our Rentals In S.F. clients. Every day, our team endeavors to find qualified tenants for our clients. With an expert understanding of the ever changing San Francisco rental market, we have made it our priority to fill your vacant unit quickly, effortlessly, 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 qualified tenant ready to move in. Call Jackie at Rentals In S.F. to fill 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
SF APARTMENT MAGAZINE | OCTOBER 2020
47
COVID-19 AND RENTAL CONFLICT AVOID COURT WITH DISPUTE RESOLUTION The conversation is growing about the tsunami of evictions that will soon overwhelm the nation’s courts across all states and local communities, as economic hardships for tenants and landlords alike continue to build. In California alone, some 2,345,000 households potentially face eviction, with a total rent shortfall estimated at nearly $4,000,000,000. Unless solutions are found that meet everyone’s needs, the human and financial impacts will be unimaginably catastrophic. Now is the time, before the looming litigation of evictions and related rental disputes from COVID-19 hits, to place communication between landlords and tenants front and center. And this is where Conflict Intervention Service of the Bar Association of San Francisco (CIS) is at the forefront of alternative ways to resolve housing disputes and promote collective resilience through relationship. CIS services are based upon the fundamental notion that the tenant-landlord relationship should be just that: a relationship. Professional managers and successful small investor landlords know that mutual understanding and open communication are critical to providing good homes and a thriving rental business. Individual landlords can foster constructive conversations with tenants and work together to stabilize housing, maintain cash flow, and avoid the twin catastrophes of homelessness for tenants and foreclosures for landlords. In normal times, when the relationship breaks down, tenants and landlords are often quick to “go legal.” This is unfortunate, because creative, practical solutions to real estate disputes emerge best from sustained collaboration, rather than adversarial process. Litigation is also unpleasant, time consuming, and expensive. These are not normal times. We reel in a cyclone of pandemic, financial disruption, and social upheaval. The impacts on landlords and tenants are enormous, escalating tensions that trigger premature adversarial reactions. Our justice system is not prepared for what’s coming. Litigation hurts business, is costly, and—most importantly— damages the tenant-landlord relationship. Superior solutions to tenant-landlord conflicts require swift collaboration, with a focus on mutual concerns and interests, and practical solutions. Landlords and tenants deserve to have access to effective alternatives. Confidential consultations, communication coaching, negotiation strategy, and facilitated conversations guided by professional neutrals need to be available to tenants and landlords online. CIS provides rapid, flexible responses to real estate conflict. It is a public service program of the Bar Association of San Francisco and is funded by the City. CIS has helped over 2,000 tenants avoid eviction since 2017 while simultaneously meeting landlords’ needs. Over 97% of cases have been favorably resolved. Taxpayer-funded legal fees are significantly reduced and homes saved. The best way to mitigate conflict in real estate is to engage with it at the earliest possible moment. Rapid response is the CIS touchstone. Every help request receives a reply within 24 hours, 7 days a week, 365 days a year. Service delivery begins with first contact. Practical real estate problem-solving animates all services, which are delivered by an interdisciplinary team of professional neutrals including: property managers, social workers, and therapists, in addition to attorney mediators. CIS has grown into a robust program that provides a comprehensive continuum of cutting-edge conflict engagement and dispute resolution modalities. These include ombuds investigations, situational analysis, communication coaching, facilitated negotiation, and structured mediations that are delivered online and in person. Because program design centered on online technologies, and required Zoom mediation certification of team members, CIS met the challenge of COVID-19 seamlessly, while absorbing a huge surge in case load. With support from the city, the CIS program also began serving commercial landlords and small merchants convulsed by shelter-inplace orders. CIS also provides “best practices” training and education on the creation and maintenance of successful tenant-landlord relationships. The unprecedented crisis of potential evictions and business disruption cannot be met through conventional means. It calls for new thinking, non-adversarial approaches delivered swiftly through technology, and flexibility the traditional justice system cannot muster. If we come together now, with unity of purpose, we can answer the call. CIS services are free for qualifying landlords and tenants, and available to anyone for affordable fees that are a fraction of the cost of litigation. A dispute resolution provision for leases is available to landlords and property managers at no charge: cis@sfbar.org. Requests for assistance from the Bar Association of San Francisco’s Conflict Intervention Service can be made to the Helpline at 415-782-8940 or to cis@sfbar.org Roger A. Moss, Esq. supported the program design for CIS and serves as its supervising mediation counsel. A business career in retail real estate informs his approach to conflict engagement. Roger is an active member of the bar in California and Washington, and has served as the chair of the Association for Dispute Resolution of Northern California.
48
OCTOBER 2020 | SF APARTMENT MAGAZINE
Bil the Ground Running with Your Employees' Education in 2020 Design Your Own Program
We offer customized programs designed to your specifications and delivered where and when you choose.
Fair Housing-It's the Law Customer Service and Maintenance Management Financial Management, Managing the Bottom Line
sfaa’s 2020 Virtual
TROPHY AWARDS Virtual Event Information @ sfaa.org
For More Information visit www.sfaa.org or contact Vanessa Khaleel at 415.255.2288 or vanessa@sfaa.org SF APARTMENT MAGAZINE | OCTOBER 2020
49
sfaa 2 2020calendar
sfaa
October
THURSDAY, OCTOBER 1 Lunch & Learn Policies Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
MONDAY, OCTOBER 5 Board of Directors Mtg. 11:30 a.m.
TUESDAY, OCTOBER 6 Lunch & Learn Setting the Rents Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, OCTOBER 8 How to Serve Every Kind of Notice Webinar Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $40 Non Members $50
TUESDAY, OCTOBER 13 Lunch & Learn Showing’s Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, OCTOBER 15 Lunch & Learn Virtual Tours Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
FRIDAY, OCTOBER 16 Covid-19 Legal Discussion Zoom Webinar System 10:00 a.m. to. 11:00 a.m. Members $45 Non Members $65
MONDAY, OCTOBER 19 Virtual Member Meeting Candidates and Issues 1:00 p.m.
TUESDAY, OCTOBER 20 Lunch & Learn Application Process Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, OCTOBER 22 Lunch & Learn Lease Review Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
TUESDAY, OCTOBER 27 Lunch & Learn Move-In Checklist Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, OCTOBER 29 Lunch & Learn Rent Collection Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
SFAA MEMBER MEETINGS WILL BE HELD VIRTUALLY UNTIL FURTHER NOTICE DUE TO COVID-19. FOR TOPICS AND SCHEDULES, TURN TO PAGE 64 OR VISIT SFAA.ORG.
FRIDAY, OCTOBER 30 SFAA 2020 Lease Review Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $55
November MONDAY, NOVEMBER 2 Board of Directors Mtg. 11:30 a.m.
TUESDAY, NOVEMBER 3 ELECTION
TUESDAY, NOVEMBER 3 Lunch & Learn Maintenance Requests Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, NOVEMBER 5 Lunch & Learn Vendors Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, NOVEMBER 5 Fair Housing 101 Webinar Zoom Webinar System 12:00 p.m. to. 2:00 p.m. Members $45 Non Members $55
TUESDAY, NOVEMBER 10 Lunch & Learn Complaints Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
THURSDAY, NOVEMBER 12 Lunch & Learn 30 Day Notice of Intent to Vacate Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
MONDAY, NOVEMBER 16 Virtual Member Meeting CAA Legislative Updates 1:00 p.m.
TUESDAY, NOVEMBER 17 Lunch & Learn Initial Inspection Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
WEDNESDAY, NOVEMBER 18 Airbnb Webinar Zoom Webinar System 12:00 p.m. to. 2:00 p.m. Members $45 Non Members $55
THURSDAY, NOVEMBER 19 Rodents 101 Webinar Zoom Webinar System 10:00 a.m. to. 12:00 p.m. Members $45 Non Members $55
THURSDAY, NOVEMBER 19 Lunch & Learn Move-Out Acknowledgment Webinar Zoom Webinar System 12:00 p.m. to. 1:00 p.m. Members $25 Non Members $40
50
OCTOBER 2020 | SF APARTMENT MAGAZINE
join online at sfaa.org or call 415.255.2288
2020 join online at sfaa.org or call 415.255.2288
SAN FRANCISCO’S
RENT BOARD FEE
$25.00
Chapter 37A of San Francisco’s Administrative Code allows the city to collect a per-unit fee for each residential dwelling unit that is subject to the San Francisco Rent Ordinance. This fee defrays the entire cost of operation of the Rent Board. This fee is billed to the landlord each year on the property tax statement sent in November, but the law permits landlords to collect a portion of the Rent Board fee from those tenants in occupancy as of November 1 of each year. A landlord is allowed to collect 50% of the cost of the fee from the tenant. If you have not collected Rent Board fees in the past, you can collect back to 1999. ALLOWABLE RENT BOARD FEE COLLECTABLE FROM TENANTS 2019-2020
$25.00
2018-2019
$22.50
2017-2018
$22.50
2016-2017
$20.00
2015-2016
$18.50
SFAA’S
TENANT SCREENING SERVICE THROUGH INTELLIRENT STEP 1:
Create a free account at sfaa. myintellirent.com/agent-signup. STEP 2:
Invite an applicant to apply via an online application customized to SFAA’s criteria. You can also publish your available rental on Intellirent across mulitple ILSs. RATES
Intellirent is your free, online rental application and property marketing tool, partnered with Transunion to instantly return complete credit reports and nationwide eviction notices. Renters pay the $40 application fee, which covers your costs. For more information, simply create your free account or go to sfaa.org and choose the “Resources” tab. Then select “Tenant Screening.” Please note that the maximum you can charge a tenant for screening services is $49.12. CONTACT INTELLIRENT FOR MORE INFORMATION:
415-849-4400
CAPITAL IMPROVEMENTS
The capital improvement interest rates for 3/1/19 through 2/29/20 are listed below: AMORTIZATION
INT. RATE
MULTIPLIER
7 YEARS
2.8%
.01312
10 YEARS
2.9%
.00961
15 YEARS
3.0%
.00691
20 YEARS
3.0%
.00555
INTEREST ON DEPOSITS Deposits include all tenant monies that the owner holds, regardless of what they are called. At the landlord’s option, the payment may be made directly to the tenant or by allowing the tenant to deduct the amount of interest due from the rental payment. INTEREST ON DEPOSITS PERIOD
AMOUNT
03/01/20 - 02/29/21
2.2%
03/01/19 - 02/29/20
2.2%
03/01/18 - 02/28/19
1.2%
03/01/17 - 02/28/18
0.6%
2014-2015
$18.00
03/01/16 - 02/28/17
0.2%
2013-2014
$14.50
03/01/15 - 02/29/16
0.1%
2012-2013
$14.50
03/01/14 - 02/28/15
0.3%
2011-2012
$14.50
03/01/13 - 02/28/14
0.4%
2010-2011
$14.50
03/01/12 - 02/28/13
0.4%
2009-2010
$14.50
03/01/11 - 02/29/12
0.4%
2008-2009
$14.50
03/01/10 - 02/28/11
0.9%
2007-2008
$13.00
2006-2007
03/01/09 - 02/28/10
3.1%
03/01/08 - 02/28/09
5.2%
$11.00
03/01/07 - 02/29/08
5.2%
2005-2006
$10.00
03/01/06 - 02/28/07
3.7%
2004-2005
$11.00
2003-2004
$21.50
2002-2003
$21.50
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
ALLOWABLE RENT INCREASES
2020 – 2021: 1.8%
Effective March 1, 2020, through February 28, 2021, the allowable annual rent increase is 1.6%. This amount is based on 60% of the increase in the Consumer Price Index for all urban consumers in the Bay Area. A history of all allowable increases and their effective periods is provided. ALLOWABLE RENT INCREASES PERIOD
AMOUNT
03/01/20 - 02/29/21
1.8%
03/01/19 - 02/29/20
2.6%
03/01/18 - 02/28/19
1.6%
03/01/17 - 02/28/18
2.2%
03/01/16 - 02/29/17
1.6%
03/01/15 - 02/29/16
1.9%
03/01/14 - 02/28/15
1.0%
03/01/13 - 02/28/14
1.9%
03/01/12 - 02/28/13
1.9%
03/01/11 - 02/29/12
0.5%
03/01/10 - 02/28/11
0.1%
03/01/09 - 02/28/10
2.2%
03/01/08 - 02/28/09
2.0%
03/01/07 - 02/29/08
1.5%
03/01/06 - 02/28/07
1.7%
SAN FRANCISCO RENT BOARD 25 Van Ness Avenue #320 San Francisco, CA 94102 415-252-4600 www.sfgov.org/rentboard
CONTACT THE SAN FRANCISCO RENT BOARD FOR MORE INFORMATION
415-252-4600 sfgov.org/rentboard
415-252-4600
& information
sfgov.org/rentboard
SF APARTMENT MAGAZINE | SEPTEMBER 2020
51
four ways
to connect
Community Opportunity… continued from pg. 38
Philhour: I started a petition to close JFK to cars for the duration of the pandemic to give residents the space they need to physically distance when outside. Golden Gate Park is one of the main outdoor spaces for many families in the Richmond. It was important to make sure that it was open and had enough space for residents to physically distance while exercising and getting needed fresh air during shelter-in-place. I support keeping JFK closed to car traffic after the pandemic, but we need to bring the community together to discuss the best way to implement it. We need to make sure that every resident has equal access to Golden Gate Park, and that workers in the park have safe access. As for opening a safe sleeping site in Golden Gate Park, I am against this idea. Golden Gate Park is the main outdoor
During the pandemic, email SFAA at MemberQuestions@
space for many families in the Richmond.
sfaa.org to have your questions and concerns promptly
that would be better suited for a safe sleep-
addressed, or call the office at 415-255-2288. You can also
was first proposed, I shared a survey with
follow the happenings of your fellow SFAA members and
There are other locations in the Richmond ing site, like empty lots. When this idea Richmond residents to get their thoughts on the issue. We heard from hundreds of
find out the latest in the industry by connecting with SFAA
residents and the overwhelming majority
on Facebook. Search San Francisco Apartment Association
like these need to have community input,
and “Like” it to add it to your news feed. Follow SFAA on
Twitter at www.twitter.com/SFAptAssoc.
of residents opposed the idea. I think issues which is something we did not see from City Hall when this idea was proposed.
McElroy: What is your favorite way to spend a day off in San Francisco? Philhour: Riding bikes with my family and enjoying outdoor spaces near us, like Golden Gate Park and the closed Great Highway. We’re lucky to live close to the park and beach. It’s one of many reasons why we chose to start a family in the Richmond. I also love shopping and dining along Balboa, Geary, and Clement. There’s such a great sense of community in our neighborhood. Pam McElroy is the editor of SF Apartment Magazine.
52
OCTOBER 2020 | SF APARTMENT MAGAZINE
2020 Fall CCRM Webinar Series Schedule & Registration Course Course Name #
PRICE
Date
Time
Member
# of NonTotal Member Attendees
Series
Full CCRM Series (Value Savings)
PMR100
Introduction to Ethical Property Management
9/8/2020
2PM-5PM
$85.00
$100.00
PMR101
Renting the Property
9/15/2020
2PM-5PM
$85.00
$100.00
PMR102
Beginning and Maintaining the Tenancy
9/22/2020
2PM-5PM
$85.00
$100.00
PMR103
Renewal of Tenancy and Ending the Tenancy
9/29/2020
2PM-5PM
$85.00
$100.00
PMR104
Maintenance Management: Maintaining the Property
10/6/2020
2PM-5PM
$85.00
$100.00
PMR105
Liability & Risk Management
10/13/2020
2PM-5PM
$85.00
$100.00
PMR106
Budget Development and Implementation
10/20/2020
2PM-5PM
$85.00
$100.00
PMR107
Fair Housing: It’s the Law
10/27/2020
2PM-5PM
$85.00
$100.00
PMR108
Professional Skills for Supervisors
11/3/2020
2PM-5PM
$85.00
$100.00
EXAM
CCRM Final Exam
11/10/2020
2PM-5PM
FREE
Class Location Zoom Webinar System Upon registration the Zoom link will be emailed to the student Class is every Tuesday
See schedule below
FREE
Total Due:
To Register
Online: www.sfaa.org Call: 415-255-2288 x.13 Email: stephanie@sfaa.org
(includes 9th Edition Managing Rental Housing textbook, CCRM binder and Welcome Packet; does not include the $75 CCRM application fee)
Attendee Information: o Member
Attendee Name: Title:
Company Name:
Address
City:
Phone:
Fax:
E-Mail:
Local Association ID Number:
Payment Information: o Credit Card
Zip:
o Mailing Check o Series Invoicing (members only benefit)
Credit card number: Signature:
o Non Member
Exp. Date Name printed:
Cancellation Policy: Cancellations must be made 72 hours in advance for a refund. SFAA does not provide refunds for No-Shows. Non-members must pay by credit card only!!! *Students requesting CalBRE Continuing Education Credits must show picture ID, immediately before admittance to the live offering. CCRM Certification Renewal Policy: In order to keep the certification active, CCRMs must complete twelve hours of continuing education credits & submit a renewal application along with a renewal fee every other year (2 hours of these credits must be in Fair Housing)
caanet.org events@caanet.org 800.967.4222 • 980 Ninth Street, Suite 1430 • Sacramento, CA 95814
SF APARTMENT MAGAZINE | OCTOBER 2020
53
sfaa professional
services directory 1031 TAX DEFERRED EXCHANGE SERVICES
FIRST AMERICAN EXCHANGE COMPANY 415-244-1339 www./firstexchange.com/ HERITAGE CAPITAL ADVISORS Eric Scaff 415-834-1031 www.heritagecap.com LAWYERS EQUITY EXCHANGE Brian Fogarty 415-701-1234 www.lex1031.com
ACCOUNTANTS
SHWIFF, LEVY & POLO LLP Elizabeth Shwiff 415-291-8600 x232 www.slpconsults.com THOMAS K. JUE CONSULTING Thomas K. Jue 925-628-0069 thomasjue@yahoo.com
ALARM COMPANY
AEC ALARMS Michelle Rogers 408-298-8888 x123 www.aec-alarms.com/
ARCHITECTURE
OPENSCOPE STUDIO ARCHITECTS Mark Hogan 415-891-0954 www.openscopestudio.com Q ARCHITECTURE Dawn Ma www.que-arch.com
415-695-2700
ASSOCIATIONS
PROFESSIONAL PROPERTY MANAGEMENT ASSOCIATION J.J. Panzer www.ppmaofsf.org
ATTORNEYS
BORNSTEIN LAW Daniel Bornstein, Esq. www.bornstein.law CHONG LAW Dolores Chong
415-438-7807
415-490-9020
FRIED & WILLIAMS LLP Clifford E. Fried www.friedwilliams.com
LAW OFFICE OF KEVIN P. GREENQUIST Kevin Greenquist 415-977-0444x234 www.ztalaw.com
415-421-0100
MASTROMONACO REAL PROPERTY LAW GROUP Leonard Mastromonaco 415-354-2702 len@mastrolawgroup.com
GOLDFARB & LIPMAN LLP Erica Williams 510-836-6336 eorcharton@goldfarblipman.com goldfarblipman.com GOLDSTEIN, GELLMAN, ET AL, LLP Brett Gladstone 415-673-5600 x 238 www.g3mh.com HERZIG & BERLESE Barbara Herzig bherzig@hbcondolaw.com
415-861-8800
JACOBSON LAW PC Isaac@jacobsonlawsf.com 415-421-0100 KAUFMAN, DOLOWICH, VOLUCK Ashley Klein 415-926-7612 aklein@kdvlaw.com LAW OFFICES OF FRANCISCO GUTIERREZ Francisco Gutierrez 415-805-6508 francisco@gtzlegal.com LAW OFFICE OF MICHAEL HEATH Michael Heath 415-931-4207 Mheath_law@sbcglobal.net THE LAW OFFICES OF KIMBALL, TIREY & ST. JOHN LLP Daniel Kimball 800-525-1690 www.kts-law.com LAW OFFICES OF DENISE A. LEADBETTER Denise Leadbetter 415-713-8680 www.leadbetterlaw.com LAW OFFICES OF SCOTT T. OKAMOTO Scott T. Okamoto 415-766-5871 www.scottokamotolaw.com LAW OFFICES OF DANIEL PICCININI Daniel Piccinini 415-345-8610 danielpiccinini@att.net
415-753-3811
DOWLING & MARQUEZ, LLP Jak S. Marquez 415-977-0444 x232 www.dowlingmarquez.com
LAW OFFICES OF LAWRENCE M. SCANCARELLI Lawrence M. Scancarelli 415-398-1644 www.sfrealestatelaw.com
OCTOBER 2020 | SF APARTMENT MAGAZINE
THE LAW OFFICE OF ED SINGER Edward Singer 650-393-5862 www.edsinger.net
FISHER & PHILLIPS, LLP Jason Gellar www.fisherphillips.com
LAW OFFICE OF JULIANA E. PISANI 415-800-7562 Juliana Pisani Juliana@jpisanilaw.com
DENNIS C. HYDE Dennis C. Hyde hydelaw@pacbell.net
54
415-409-7611
FRANK KIM ESQ., EVICTION ASSISTANCE Jo Biel 415-752-6070
MCLAUGHLIN SANCHEZ, LLP Michael McLaughlin 415-655-9753 www.msllp.law MILLAR AND ASSOCIATES, APLC James Millar 415-981-8100 x101 Millar-law.com NICHOLAS GOLDMAN LAW Nicholas Goldman 415-350-8740 nicholas@nicholasgoldmanlaw.com O’GRADY LAW GROUP John O’Grady john@ogradylaw.com www.ogradylaw.com
415-986-8500
REUBEN, JUNIUS & ROSE, LLP Kevin Rose 415-567-9000 www.reubenlaw.com TOUR-SARKISSIAN LAW OFFICES Christine Tour-Sarkissian 415-626-7744 www.tslo.com TRN LAW ASSOCIATES Tiffany Norman tiffany@trnlaw.com
415-823-4566
WASSERMAN-STERN David Wasserman 415-567-9600 www.wassermanstern.com WIEGEL LAW GROUP Andrew J. Wiegel www.wiegellawgroup.com
415-552-8230
ZACKS, FREEDMAN & PATTERSON, P.C. Andrew M. Zacks 415-956-8100 www.zfplaw.com ZANGHI TORRES ARSHAWSKY, LLP John P. Zanghi 415-977-0444 www.zatlaw.com
BEDBUG DETECTION
CROWN & SHIELD PEST SOLUTIONSPREMIER Aurora Vidaca 888-970-1927 aurora@crownandshieldpestsolutions.com www.crownandshieldpestsolutions.com SCENT TEK Brent & Kevin Youngblood 415-933-0879 www.scent-tek.com
CLEANING SERVICES
BIO-ONE EAST BAY Sandy Magan info@biooneeastbay.com
510-274-1548
OPTIMUS BUILDING SERVICES Claudia Giraldo 650-290-4607 optimusbuildingservices.com
CONSULTANTS: PERMITS & PLANNING
CENTER FOR SUSTAINABLE ENERGY Sarah Bliss 858-633-8099 sarah.bliss@energycenter.org EDRINGTON AND ASSOCIATES Steven Edrington 510-749-4880 steve@edringtonandassociates.com
CONTRACTORS
AGUILEAR CONSTRUCTION COMPANY Javier Aguilear 707-495-3932 javier@aguileraco.com SKYLIGHT REMODLING Josh Levitan contact@skylight.com www.skylight.com
800-961-2580
CORPORATE RENTALS AMSI Robb Fleischer www.amsires.com
415-447-2020
GOROVERGO Laura Ericson 832-977-6830 laura.ericson@echemail.com www.gorovergo.com
CREDIT REPORTING
INTELLIRENT Cassandra Joachim www.myintellirent.com
415-849-4400
ENERGY SERVICES / GAS & ELECTRIC
PACIFIC GAS & ELECTRIC COMPANY Sebastian Conn 415-972-5201 www.pge.com
ENVIRONMENTAL CONSULTING
P.W. STEPHENS ENVIRONMENTAL Sheri Buenz 510-651-9506 sherib@pwsei.com
FIRE ESCAPE INSPECTION & MAINTENANCE ESCAPE ARTISTS Jabal Engelhard www.sfescapeartists.com
415-279-6113
GREAT ESCAPE SERVICES Rich Henderson 415-566-1479 www.greatescapeservice.com
FIRE PROTECTION CONTRACTORS
LENDING / FINANCIAL SERVICES
COUNTERPOINTE SRE David Snow 855-431-4000 www.counterpointeSRE.com
BATTALION ONE FIRE PROTECTION Tim Morse 510-653-8075 www.battaliononefire.com
FIRST FOUNDATION BANK Michelle Li www.ff-inc.com
BELL FIRE AND LIFE SAFETY Marc Belluomin 650-580-5306 bellfire365@gmail.com
LENDING / FULL SERVICE BANKS
COMMERCIAL FIRE PROTECTION, INC. Laine Sims 925-300-9534 www.fireprotected.com MAZZY’S FIRE PROTECTION Scott Mazzarella 415-665-5553 www.mazzysfire.com
GARBAGE COLLECTION SERVICES
RECOLOGY GOLDEN GATE RECYCLING Minna Tao 415-575-2423 recologysf.com RECOLOGY SUNSET SCAVENGER Dan Negron 415-330-2911 recologysf.com
HARDWARE GRAINGER Mark D. Sheddon
800-472-4643
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 BIDDLE-SHAW INSURANCE SERVICES, INC Greg Holl 415-586-7200 www.biddleshaw.com COMMERCIAL COVERAGE INSURANCE AGENCY Paul Tradelius 415-436-9800 www.comcov.com GORDON ASSOCIATES INSURANCE SERVICES Dave Gordon, CLU 650-654-5555x6972 David.gordon@gordoninsurance.com
INTERNET SERVICES PROVIDERS
COMCAST/XFINITY Michael Juliano www.xfinity.com
925-495-9922
LAUNDRY EQUIPMENT
WASH MULTIFAMILY LAUNDRY SYSTEMS Cathy Barsotti 650-340-8054 www.weblaundry.com
415-794-2176
LUTHER BURBANK SAVINGS Gabriel Basso 510-601-2400 www.lutherburbanksavings.com
LENDING / INSTITUTIONS
CHASE APARTMENT LENDING Andre C. Ferrigno 415-644-2171 CHASE COMMERCIAL TERM LENDING Sharon Groenendyk 415-315-8464 www.chase.com/commercialbanking CHASE COMMERCIAL LENDING Ingrid Marlow 650-737-6212
LOCKSMITHS
CROWN LOCK & HARDWARE Joe Schoepp 415-221-9086 WARMAN SECURITY Peter Badertscher www.warmansecurity.com
415-775-8513
MAINTENANCE REPAIR SERVICE
CITY REPAIR SERVICES Fernando Fonesca 415-602-6524 contact@citycarerepair.com MAVEN MAINTENANCE, INC. Craig Lipton 415-829-2207 www.mavenmaintenance.com ONE STOP MAINTENANCE & PROPERTY SERVICES Lupe Villaloblos 408-829-0727 www.sf1stop.com WEST COAST PROPERTY MANAGEMENT Joseph Keng 415-885-6970 ext. 101 www.wcpm.com
MEDIATION
THE BAR ASSOCIATION OF SAN FRANCISCO CONFLICT INTERVENTION SERVICE Matthew Tom 415-782-8940 mtom@sfbar.org
MORTGAGE BROKER THE RINCON GROUP Casey Wright
415-622-7450
ORGANIC WASTE SOLUTIONS
ECOSAFE ZERO WASTE, INC. Daniel Redick 310-569-0624 ecosafezerowaste.com Daniel@EcoSafeZeroWaste.com
SF APARTMENT MAGAZINE | OCTOBER 2020
55
PAINTING CONTRACTORS KRUITPAINTING, INC. Pieter Kruit www.kruitpainting.com
415-254-7818
PAC WEST PAINTING INC. Brian Beaulieu 415-457-0724 www.pacwestpaintinginc.com PETERS PAINTING SERVICES Peter Pantazelos 415-647-4722 www.peterspainting.com TARA PRO PAINTING INC. Brian Layden www.tarapropainting.com
415-334-3277
PAINTING SUPPLIES SHERWIN-WILLIAMS Khuat Hoang Sw7276362@Sherwin.com
415-576-1043
PEST CONTROL
ATCO PEST & TERMITE CONTROL & HOME RESTORATION Richard Estrada 415-898-2282 www.atcopestcontrol.com CROWN & SHIELD PEST SOLUTIONS-PREMIER Aurora Vidaca 888-970-1927 aurora@crownandshieldpestsolutions.com
property management The following members are SFAA Property Management Members. They fully support the organization and are dedicated to SFAA’s goals. For more information about the benefits of becoming a Property Management Member, contact Maria Shea at maria@sfaa.org or 415-255-2288 x 10. ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com
PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com
AMERICAN MARKETING SYSTEMS INC. Robb Fleischer 415-447-2020 www.amsires.com
PROGRESSIVE PROPERTY GROUP Dace Dislere & Joe Gillach 415-515-4329
BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com DEWOLF William Talmage www.dewolfsf.com
415-221-2032
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com GREENTREE PROPERTY MANAGEMENT 415-828-8757 www.greentreepmco.com
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com S&L REALTY Robert Link www.slrealty-sf.com
415-386-3111
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.sutroproperties.com
PLUMBING SERVICES
C.R. REICHEL ENGINEERING CO. INC. Tim Lordier 415-431-7100 www.crreichel.com R & L PLUMBING Larry Bustillos 415- 651-4977 larry@rl.plumbing www.rlplumbingsanfrancisco.com URGENT ROOTER AND PLUMBING INC. Albert Lee 415-387-8163 urgentrtr@sbcglobal.net
PROPERTY MANAGEMENT
ADVENT PROPERTIES, INC. Benjamin Scott, CCRM 510-289-1184 www.adventpropertiesinc.com ALEXANDERSON PROPERTIES Eric Alexanderson 415-285-3737 www.alexandersonproperties.com AMORE REAL ESTATE, INC Jerry Hsieh 415-567-4800 www.amoresf.com BORN PROPERTY MANAGEMENT Jason Born 650-271-7048 x 111 Jason@bornpm.com BERENDT PROPERTIES Craig Berendt craig.berendt@gmail.com
415-608-3050
BROOKFIELD PROPERTY GROUPPRESIDIO LANDMARK Jon King 855-327-5376 jon.king@brookfieldproperties.com CHANDLER PROPERTIES Carolyn Chandler 415-921-5733 www.chandlerproperties.com CITYWIDE PROPERTY MANAGEMENT Carol Cosgrove 415-552-7300 www.citywidesf.com DEWOLF REALTY CO. INC. William A. Talmage www.dewolfsf.com
415-221-2032
EBALDC Felicia Scruggs FScruggs@ebaldc.org
510-287-5353
EQUITY ONE Brenda M. Obra www.equity1sf.com
415-441-1200
GAETANI REAL ESTATE Paul Gaetani 415-668-1202 www.gaetanirealestate.com
J. WAVRO PROPERTY MANAGEMENT James Wavro 415-509-3456
WEST & PRASZKER REALTORS Michael Klestoff 415-661-5300 www.wprealtors.com
GEORGE GOODWIN REALTY, INC. Chris Galassi 415-681-1265 www.goodwin-realty.com
LINGSCH REALTY Natalie M. Drees www.lingschrealty.com
WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com
GREENTREE PROPERTY MANAGEMENT Mike McCamish 415-828-8757 www.greentreepmco.com
415-648-1516
PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net
56
members
OCTOBER 2020 | SF APARTMENT MAGAZINE
GM GREEN REAL ESTATE INC. George Green 415-608-6485 ggreen@gmgreen.com www.gmgreen.com HANFORD•FREUND & CO. J. Timothy Falvey www.hanfordfreund.com
415-981-5780
ROCKWELL PROPERTIES Mark Kaplan 415-398-2400 propertymanagement@rockwellproperties.com
ALAIN PINEL INVESTMENT GROUP Jay Greenberg 415-593-8615 www.aprinvestmentgroup.com
INCOME PROPERTY SPECIALISTS Clayton Llewellyn 408-446-0848 www.ipsmanagement.cc
SC PROPERTY MANAGEMENT Robert Guglielmi 650-342-3030 bob.guglielmi@scpropsm.com
ALAIN PINEL INVESTMENT GROUP Mirella Webb 415-814-6699 mwebb@apr.com
JACKSON GROUP PROPERTY MANGEMENT, INC. Raymond Scarabosio 415-608-8300 ray@jacksongroup.net
SHARVEST PROPERTY MANAGEMENT, LLC Timothy D. Gilmartin 650-347-2020 tim@thegilmartins.com
BAY AREA PREMIER PROPERTIES Peter Fisler 415-606-6621 www.bayareapremierproperties.com
SIERRA PROPERTY PROFESSIONALS Sonali Herrera sierrappinc@gmail.com
BIG TREE PROPERTIES Evan Matteo 415-305-4931 evan@bigtreeproperties.com
SKYLINE PMG, INC. Nicholas Bowers 415-968-9903 Nicholas@skylinepmg.com
COLDWELL BANKER COMMERCIAL NRT Steven Caravelli 415-229-1367 steven.caravelli@cbnorcal.com
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
COLLIERS INTERNATIONAL- JAMES DEVINCENTI James Devincenti 415-288-7848 www.THEDLTEAM.com
HOGAN & VEST INC. Simon Wong simon@wongsf.com
415-237-6240
JAMES D. MULLIN REAL ESTATE BROKER James D. Mullin 415-470-0450 jamesdmullinre@gmail.com JD MANAGEMENT GROUP, INC. Jonathan Davis 510-387-7792 jonathan.davis@jdmginc.com LINGSCH REALTY Natalie M. Dress www.lingschrealty.com
415-648-1516
MERIDIAN MANAGEMENT GROUP Randall Chapman 415-434-9700 www.mmgprop.com MW PROPERTY GROUP Marc Wilson 415-640-5807 marc@mwpropertygroupco.com MYND MANAGEMENT, INC. Stacy Winship 510-306-4440 www.mynd.co NEW GENERATION INVESTMENTS Jonathan Ng 415-735-8233 jtng.ngi@gmail.com PACIFIC UNION INTERNATIONAL PROPERTY MANAGEMENT Susan Lucas 415-722-4724 www.pacunionpm.com PAUL LANGLEY COMPANY Misha Langley 415-431-9104 x 301 misha@plco.net PILLAR CAPITAL REAL ESTATE Jonathan Ng (415) 885-9584 jonathan@thepillarcapital.com PONTAR REAL ESTATE Merri Pontar 415-421-2877 www.pontarrealestate.com PRIME METROPOLIS PROPERTIES, INC. Tom Chan 415-731-0303 tomchan@pmp1988.com PROGRESSIVE PROPERTY GROUP Dace Dislere 415-794-9727 www.progressivesf.com PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen, Broker, CCRM, MPM®, RMP® 415-661-3860 www.propertymanagementsystems.net RAMSEY PROPERTIES Brian E. Ramsey 415-474-5175 Brian@RamseyPropertiesSF.com REAL MANAGEMENT COMPANY J.J. Panzer 415-821-3167 www.RMCsf.com ROCKAWAY RESIDENTIAL MANAGEMENT KristineAbbey 650-290-3084 kristine@rockawayresidential.com
SUTRO PROPERTY MANAGEMENT, INC. Salman Shariat 415-341-8774 www.SutroProperties.com THRIVE PROPERTY MANAGEMENT, INC. Giovani Franco 650-296-3880 www.thrivecommunities.com/ W. PROPERTY MANAGEMENT Gary Petrison 707-545-6187 gary@wpropertymanagement.com WEST COAST PROPERTY MANAGEMENT Eric Andresen 415-885-6970 www.wcpm.com WEST & PRASZKER REALTORS Michael Klestoff 415-699-3266 www.wprealtors.com WOOD PARTNERS Melissa Rankin 628-251-1101 melissa.rankin@woodpartners.com
PROPERTY MANAGEMENT SOFTWARE
COLLIERS INTERNATIONAL Payam Nejad 415-288-7872 www.colliers.com/payam.nejad COMPASS COMMERCIAL BROKERAGE Adam Filly 415-516-9843 adam@adamfilly.com COMPASS COMMERCIAL BROKERAGE Chris J. Connor chris.oconnor@compass.com CORCORAN COMMERCIAL Jeremy Williams (415) 932-9846 jwilliams@CorcoranGL.com www.sfcommercialreal 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 KILBY STENKAMP-VANGUARD PROPERTIES Kilby Stenkamp 415-370-7582
HEMLANE, INC. Dana Dunford dana@hemlane.com
385-355-4361
STESSA Victor Perez www.stessa.com
626-524-4931
YARDI Kelly Krier kelly.krier@yardi.com
805-699-2040
MARCUS & MILLICHAP David Nelson 415-312-2245 dnelson@MarcusMillichap.com
YMPG MANAGEMENT Yelena Glezer 415-260-6325 yglezer@ympg-management.com
MARCUS & MILLICHAP Sanford Skeie 415-625-2153 www.marcusmillichap.com
REAL ESTATE APPRAISALS
NEWMARK KNIGHT FRANK Matthew C. Sheridan 415-273-2179 aptgroupsf.com
HARPER & ASSOCIATES Jay Harper JHARPSF@att.net
415-674-9243
MARK WATTS COMMERCIAL APPRAISAL Mark Watts 415-990-0025 www.markwattscommercialappraisal.com
REAL ESTATE BROKERS & AGENTS
ALAIN PINEL INVESTMENT GROUP Mark Bonn 415-614-4354 mbonn@apr.com
LESLIE BURNLEY Leslie Burnley leslie.j.burnley@gmail.com leslieburnley.com
415-717-8709
PACIFIC UNION COMMERCIAL Stephen Pugh spugh@pacunion.com S&L REALTY Robert Link www.slrealty-sf.com
415-386-3111
SHAMROCK REAL ESTATE COMPANY Trent Moore 415-359-2400 www.shamrocksf.com STEELE PROPERTIES Ryan Steele 415-881-7762 www.steeleproperties.com
SF APARTMENT MAGAZINE | OCTOBER 2020
57
sfaa sfaa 2020 membership application
Thank you for joining the San Francisco Apartment Association. SFAA is dedicated to educating, advocating for and supporting the Rental Housing Community so that its members operate ethically, fairly and profitably. Please consult a tax preparer in advance to determine deductibility for your tax situation. Membership fees are subject to change. MEMBERSHIP LEVEL & COST
REGULAR MEMBER DUES Units
Base Fee
Units Fee
1-50
$385 +
$6.45 per unit =
51-250
$475 +
$6.45 per unit =
251-500
$675 +
$6.45 per unit =
501-1,000
$875 +
$6.45 per unit =
1,001
$1,375 +
$6.45 per unit =
TOTAL UNIT AMOUNT:
REAL ESTATE INVESTMENTS ALAIN PINEL INVESTMENT GROUP Trigg Splenda 415-593-8616
MARCUS MILLICHAP Clinton C. Textor III 415-425-9123 www.marcusmillichap.com
MIRACLE METHOD OF SAN FRANCISCO Claire Gray 415-673-4211 www.miraclemethod.com
RENT BOARD PETITIONS
PROPERTY MANAGEMENT SYSTEMS Michelle L. Horneff-Cohen 415-661-3860 www.propertymanagementsystems.net
Base Fee
Unit Fee
1-50
$485 +
$3.95 per unit =
51-250
$575 +
$3.95 per unit =
251-500
$775 +
$3.95 per unit =
501-1,000
$975 +
$3.95 per unit =
1,001
$1,475 +
REAL MANAGEMENT COMPANY Melinda Greene 415-230-8895 www.RMCsf.com RENT BOARD PASSTHROUGHS Kim Boyd Bermingham 415-333-8005 www.rentboardpass.com
$3.95 per unit =
RENTAL LISTING SERVICES
TOTAL AMOUNT:
APARTMENT LIST Alex Mashburn 678-467-0411 amashburn@apartmentlist.com
ASSOCIATE MEMBER DUES: $495 CONTACT INFORMATION
MAZAL55 PROPERTIES Oren S. Bordo orenb55@gmail.com
Contact Person Company/Title Address City
State
Email Address
BERENDT PROPERTIES Craig Berendt 415-608-3050 www.berendtproperties.com
Website PAYMENT METHOD Amex
MC
Visa
3 Digit Security Code
Card #
Expiration Date
Cardholder Name
Billing Zip Code
Authorized Signature
Date HOW DID YOU HEAR ABOUT US?
Referral From
Postcard/Mailer
Magazine
Website
Rent Board
Other
San Francisco Apartment Association 265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
OCTOBER 2020 | SF APARTMENT MAGAZINE
415-279-2791
RESIDENTIAL LEASING
Zip
Mobile Phone
58
ZEPHYR REAL ESTATE Dawn Cusulos 415-678-8854 dawncusulos@zephyrre.com
REFINISHING / RESURFACING SERVICE
TOTAL AMOUNT:
Units
Check
WEST & PRASZKER REALTORS Michael Klestoff 415-312-2245 klestoffmre@aol.com
URBAN GROUP REAL ESTATE Louis Cornejo 415-863-1775 louis@urbangroupsf.com
MANAGEMENT COMPANY DUES
TOTAL UNIT AMOUNT:
VANGUARD COMMERCIAL BROKERAGE Allison Chapleau 415-516-0648 www.allisonchapleau.com
HAMILTON FAMILY CENTER Mayo Lunt 510-763-8540 x230 www.hamiltonfamiles.org J. WAVRO ASSOCIATES James Wavro www.jwavro.com
415-509-3456
LINGSCH REALTY Natalie M. Drees www.lingschrealty.com
415-648-1516
RELISTO Eric Baird www.relisto.com
415-236-6116
RENTALS IN S.F. Jackie Tom www.rentalsinsf.com
415-409-3263
RENTSFNOW Kathy Claussen kclaussen@veritasinv.com
415-762-0213
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com
SECURITY
ADT-MULTI FAMILY Jeanette Mendez jjmendez@adt.com www.adt.com/smart-
562-712-7504
MARINA SECURITY SERVICES, INC. Sam Tadesse 415-722-1168 stadesse@marinasecurities.com www.marinasecurities.com
SEISMIC RETROFIT & STRUCTURAL ENGINEERING BAI CONSTRUCTION Behnam Afshar www.baiconstruction.com
510-595-1994
SGDM, LLC George Mak www.sgdmllc.com
415-462-0619
W. CHARLES PERRY Charles Perry www.wcharlesperry.com
650-638-9546
CONTRACTOR OR VENDOR?
ARCHITECTURE & DESIGN SERVICES
Openscope Studio ATTORNEYS
Dowling & Marquez, LLP Fried & Williams, LLP
40 60 46
CONSTRUCTION & RENOVATION SERVICES
WEST COAST PREMIER CONSTRUCTION, INC. Homy Sikaroudi, PhD, PE 510-271-0950 www.wcpc-inc.com
SUBMETERS
One Stop Maintenance Pribuss Engineering, Inc. W. Charles Perry West Coast Premier Construction FIRE ESCAPE SERVICE
Great Escape Fire Escape Services
415-937-7283
TENANT PLACEMENT & LISTING 972-820-3015
STRUCTURE PROPERTIES Corey Eckert 415-794-0064 www.structureproperties.com ZUMPER INC. Diana James diana@zumper.com
62 62 66 63 61
LAUNDRY SERVICE
WASH 14 LOCKSMITHS
LIVABLE Daniel Sharabi www.livable.com
REALPAGE Stacy Blackwell www.realpage.com
ad index NEED A PROFESSIONAL
Crown Lock & Safe Warman Security PAINTING CONTRACTORS
Pac West Painting Tara Pro Painting
PETITION SERVICES
Rent Board Passthroughs
62 65 44 63
REAL ESTATE BROKERS
Amore Real Estate 60 Coldwell Banker Commercial / Caravelli 37 Coldwell Banker Commercial / McGue 27 Colliers / DeVincenti 2 Compass / Antonini 13 Compass / Bonn & Webb 41 Compass / Filly 11 Compass / Greenberg & Splenda 3 Compass / Pugh 33 Corcoran / The Jones Team 15 Corcoran / Williams 25 Kay Properties & Investments, LLC 17 Marcus & Millichap 22-23 Newmark Knight Frank / Sheridan & Boersma 67 Vanguard Commercial / Chapleau 9 Vanguard Properties / Stack 63 Vanguard Properties / Kilby Stenkamp 61 UTILITIES BILLING SERVICES
44
PROPERTY MANAGEMENT & MAINTENANCE & RESIDENTIAL LEASING
Berendt Properties Gaetani Real Estate, Inc. Maven Maintenance
Real Management Company 66 Rentals in SF 47 S&L Property Management 46 Structure Properties 31 West Coast Property Management 47 Yardi 18-19
6 68 21
Livable 40 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by SFAA, express or implied, of the advertiser or any goods or services offered. Advertisers in red are Associate Members of SFAA.
949-702-1508
WATER CONSERVATION SERVICE
SF PUBLIC UTILITIES COMMISSION Chandra Johnson 415-554-0704 www.conserve.sfwater.org
WATER DAMAGE SERVICE
FIRE AND WATER DAMAGE RECOVERY Maria Neumann 800-886-1801 www.waterdamagerecovery.net
WATERPROOFING
KELLEY PAINTING AND WATERPROOFING Mitchell Kelley 415-847-7883 www.kelleypaintingandwaterproofing.com
Please note that acceptance of associate membership does not necessarily constitute any endorsement or recommendation, express or implied, of the associate member or any goods or services offered. SF APARTMENT MAGAZINE | OCTOBER 2020
59
Legal Q&A… continued from page 16
a member of the tenant’s home. In those instances, the landlord and tenant should clearly document the hardship and should spell out, in a signed writing, the amount of the reduction, why the reduction is being granted, and the length of time for the reduction. Rebates and incentives are also very dan-
FOR ALL YOUR REAL ESTATE NEEDS SERVING SAN FRANCISCO PROPERTY OWNERS FOR OVER 50 YEARS
SALES INVESTMENTS PROPERTY MANAGEMENT
gerous when given to dissuade tenants from leaving in a declining market or to entice new tenants to sign up at an unattractive rent. About 20 years ago, a large apartment operator in San Francisco offered incoming tenants “rent coupons” for use each month to lessen their rental obligations. For instance, Tenant A’s lease states that rent is $1,200 per month, although similar apartments were not renting at that level. To induce Tenant A to sign the lease at this amount, the landlord offered $1,200
3001 LAGUNA STREET, SAN FRANCISCO CA 94123 (415) 567-4800 www.amoresf.com
worth of coupons for the first year of the tenancy. Consequently, Tenant A could submit a $100 coupon with each monthly rental payment, thereby only paying $1,100 out-of-pocket during Year 1. This landlord subsequently discontinued the coupon program when the rental market improved. Hundreds of affected tenants then pursued massive litigation in protest. The Rent Board held that, using this example of Tenant A, initial base rent was legally $1,100 per month for every year of the tenancy because the discount afforded by the coupon incentive was to be permanently built into the rental obligation and could not be legally withdrawn. Other property owners have been held liable when they offer a free month of rent or engage in other gimmicks to effectively lower the tenant’s initial rent obligation, only to later take away the incentive once market conditions pick up. Indeed, if you offer a month’s free rent for a one-year
4
term, the Rent Board will say that the value of that month is then amortized over the 12-month period of the initial term and then lowers the base rent for all future months by that amount. As one judge put it, you cannot evade rent control by setting up a lease with a starting rent higher than what the current market would justify in order to
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OCTOBER 2020 | SF APARTMENT MAGAZINE
entice tenants to sign the lease. Other incentives like handing out a substantial gift certificate may also draw a similar ire. The Rent Board policy is therefore quite clear. Rent rebates or reductions may only be lawfully rescinded, canceled, or with-
TALENT. COLLABORATION. SUCCESS.
drawn if the rebate or reduction is given because of a tenant’s particular need or hardship. A soft rental market is never a justification for a temporary reduction in rent. So if you do grant a reduction or offer an incentive in order to attract new tenants or to keep an existing tenant from moving due to a change in the marketplace, you risk making that reduction or the value of the incentive a permanent component of base rent.
KILBY STENKAMP
—Dave Wasserman
415.370.7582
Justin A. Goodman is with Zacks, Freedman & Patterson, P.C. and can be reached at 415-956-8100. Dave Wasserman is with Wasserman-Stern Law Offices and can be reached at 415-567-9600.
kilby@vanguardsf.com DRE# 01208585
sf.0319.great.escape.pdf
Legal Questions
?
Get Answers. Confused about local and statewide rental housing laws? Take advantage of SFAA’s legal information network. Before every SFAA General Membership Meeting, a diverse panel of San Francisco landlord attorneys answers your questions about your property, your tenants and the San Francisco Rent Ordinance. SFAA monthly meetings and legal panels are a benefit just for members, so make sure you are getting the most out of your membership and be sure to attend the next meeting.
M
CM
MY
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3/3/19
6:34 PM
vanguardproperties.com
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(415) 566-1479 www.greatescapeinc.com SF APARTMENT MAGAZINE | OCTOBER 2020
61
Surreal Estate… continued from page 14
only be a matter of time before San Francisco evolves its own version of a “Raines sandwich.” The Raines Law was a 19th century New York teetotaling regulation which
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prohibited the sale of alcohol other than with food. Wily bartenders would serve drinks with a sandwich. The same sandwich. Every time. Picked up shortly after the drink was dropped off and deployed again with the next drink order. We really have no idea when life will return to normal, or if we’ll have to ebb and flow before we get there, but the expanded use of public space is going to be essential to the vitality of our neighborhoods—and to the rental housing industry. The city’s slow streets initiative has entire blocks (not just parking spaces) closed to foot traffic and commercial use, expanding the utility of parklets. And hopefully theffire department will issue some specific guidance on the use of gas-powered heat lamps on sidewalks before our “warm” weather goes away. After all, small local businesses—restaurants in particular—need all the help they can get. An August 27, 2020 SFGate article reported that San Francisco restaurant sales are down 91% since March. San Francisco’s commercial eviction moratorium prevents landlords from evicting tenants without first providing an opportunity to work out a payment plan. But, like the residential rent moratorium, it calls for forbearance, not forgiveness. Even as businesses gradually reopen, they are unlikely to surge with cash to pay off both past due and current debts. More importantly, unlike the average, month-to-month residential lease, commercial leases measure their terms (and rent obligations) in years. The contracts may not care that there’s a global pandemic. In an ordinary market, one tenant’s default is another’s opportunity. But some commercial tenants are learning that, if you owe your landlord ten thousand dollars, it’s your problem, but if you owe him a million dollars (through the rest of the lease term), it’s the landlord’s problem. A tenant owing years’ worth of rent, but with no idea
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OCTOBER 2020 | SF APARTMENT MAGAZINE
of when business might operate as usual, might be inclined to give up and walk away. Suddenly, the commercial real estate industry is hyper-focused on Force Majeure clauses—those that excuse performance following an “Act of God” event so unforeseeable that contracting parties should no longer be bound to their promises. For businesses that can no longer operate, a Force Majeure clause that discharges their obligations and lets them walk away from their term would save them hundreds of thousands of dollars. But these clauses are strictly construed, and were not written in anticipation of a global pandemic. There are other doctrines of contract law that might avoid some of the harsher consequences of default, but many are in uncharted territory. As an attorney, it’s not my role to make business judgments for my commercial landlord clients. The client decides the best way to use their assets and legal rights under the circumstances. But as a San Franciscan, I hope that commercial landlords will be open to collaborating with their small business tenants to maintain operations and continue to serve our communities— even if the return comes in years, rather than months. I sheltered in place in a small
License No. 797467
studio apartment. It has never been clearer to me that the amenity that most justifies San Francisco rents is San Francisco itself. We’re all in this together, and we may need to compromise on our legal rights to carry each other to the other side. Justin A. Goodman is with Zacks, Freedman & Patterson, P.C. and can be reached at 415-956-8100.
Know Your
numbers Turn to page 55 for updated information on allowable rent increases, security deposit interest and more.
Seismic & General Contractors
www.wcpc-inc.com Tel: (510) 271-0950
Conform To New Soft Story Apartment Building Seismic Ordinance San Francisco, Alameda, Oakland & Berkeley • Successful track record of seismic retrofitting numerous soft-story apartment buildings in the Bay Area. • Years of experience in cost-effective seismic retrofit design and construction—all under one company. • Guaranteed approval of engineering and construction in conformance to Soft Story Ordinance. • Screening, evaluation, engineering, construction, final city sign-off.
For inquiries, please contact Homy Sikaroudi, PhD, PE
sf.1013.west.coast.premier.indd 1
9/18/132020 12:32 63 PM SF APARTMENT MAGAZINE | OCTOBER
sfaa sfaa 2020 What You Need to Know 2020 SFAA UPDATES
VIRTUAL MEMBER MEETINGS October 9, 2020: Candidates and Issues November 16, 2020: CAA Legislative Update
UPCOMING CLASSES During the pandemic, the monthly SFAA member meetings and classes will be held virtually. For member meeting topics and schedules, go to www.sfaa.org. For a list of virtual SFAA classes, turn to the calendar on page 50.
SFAA OFFICE CLOSURE The SFFA office will remain closed during the shelter-in-place mandate. However, SFAA staff is working round-the-clock to keep the nonprofit running. Timely payment of membership dues is necessary to help the association help you. Email MemberQuestions@sfaa.org to have your questions and concerns promptly addressed.
Know Your
numbers Turn to page 55 for updated information on allowable rent increases, security deposit interest and more.
A game. Be on your
Sign up for SFAA classes at www.sfaa.org or by calling 415-255-2288.
SFAA needs
you.
Support SFAA’s legal challenges to unjust legislation by donating to the SFAA Legal Fund. SFAA needs to stay relevant to remain effective. Help to further grow the legal fund. It will make a difference. Check out www. sfaa.org/legal-fund.shtml to find out more.
San Francisco Apartment Association
265 IVY STREET | SAN FRANCISCO, CA | 94102 | PHONE 415-255-2288 | FAX 415-255-1112
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OCTOBER 2020 | SF APARTMENT MAGAZINE
*SFAA Legal Fund donations are tax deductible.
Sheridan Report… continued from page 26
or from the latest posting on a blog. Additionally, with the political and legislative landscape changing almost at a rapid clip, if there’s a legal problem, turn to a local landlord-tenant attorney for help. Everyone is examining their work-life balance. Business may forever be altered by the realities brought about in the fight against COVID-19. Daniel Wilson, vice president at the Federal Reserve bank of San Francisco, reported last month that a national economic recovery appears to be underway, but cautioned that the road to a full recovery will take several years. Already, companies are rethinking compensation protocols for employees working remotely. And this “balance” everyone is yearning for may be quickly dissipate, as many begin to remember why they left home in the first place. Matthew C. Sheridan is an apartment building specialist with Newmark Knight Frank and is the emeritus editor and publisher of this magazine. He can be reached at 415-273-2179.
On the
list ... Is finding a great
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Service
Locks • Alarms Access Control
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Two Locations to Serve You 1720 Sacramento Street San Francisco, CA 94109 101 Industrial Road, No. 12 Belmont, CA 94002
www.warmansecurity.com
415.775.8513
As SFAA pivots to provide you services during the pandemic, there is a new way to con-
out the Professional
nect with SFAA. Email Mem-
Services Directory for
berQuestions@sfaa.org to have
industry professionals.
24/7
to connect
your To-do List? Check
experienced apartment
For All Your Security Needs Since 1916
How
starts on page
54
your questions and concerns promptly addressed.
You can also follow the happenings of your fellow SFAA members and find out the latest in the industry by connecting with SFAA on Facebook. Search San Francisco Apartment Association and “Like” it to add it to your news feed. Follow SFAA on Twitter at www.twitter.com/SFAptAssoc. SF APARTMENT MAGAZINE | OCTOBER 2020
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VALUE-ADDED DEVELOPMENT
Contact : charles@wcharlesperry.com 415.509.2956
W. CHARLES PERRY & ASSOCIATES I N V E S T M E N T, D E S I G N A N D C O N S T R U C T I O N
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OCTOBER 2020 | SF APARTMENT MAGAZINE
274 SHORELINE HWY - 4 UNITS - $2,150,000
Another Good One — Just Listed! Ideal investment property in the heart of Marin County. Situated in the Almonte Neighborhood, this mid-century four-plex is comprised of 4 large onebedroom units, 4 garage spaces, and comes with on-site laundry, private decks and quaint rear yards. Coyote Creek and Bothin Marsh lie nearby, while Tam Junction’s retail shops are adjacent. Location affords quick access to bike paths and Highway 101. Units are in original condition and provide solid upside opportunity.
www.274shorelinehwy.com
•
Mill Valley Investment Property
•
4 Large Units; 2 One-Bedrooms & 2 Two-Bedrooms + Office
•
Almonte Neighborhood
•
Tucked Under Garage Parking
•
Private Balconies & Small Rear Yards
•
On-Site Laundry
•
$537,500 / Unit
MATTHEW C. SHERIDAN
415.273.2179 License 01390209 matthew.sheridan@ngkf.com
aptGroup
MATT THOMSON
650.515.6555 License 01471708 matt.thomson@ngkf.com
TO MOST PEOPLE, THIS BUILDING’S KEY FEATURE IS ITS IMPRESSIVE FACADE
TO YOU, IT’S THE FOUNDATION FOR A SECURE RETIREMENT. We know the properties we manage mean more to owners like you than meets the eye. That’s why, for over 70 years and across three generations of our own family, we’ve taken the long view -- building great working relationships as we build value. Because when it comes to taking care of your investment, we definitely see eye-to-eye.
gaetanirealestate.com 415.668.1202