BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1439
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          Date of Hearing:   June 18, 2014

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                   Ed Chau, Chair
                     SB 1439 (Leno) - As Amended:  June 12, 2014

           SENATE VOTE  :   21-13
           
          SUBJECT  :   Residential real property: withdrawal of  
          accommodations

           SUMMARY  :   Allows the city and county of San Francisco to  
          restrict Ellis Act conversions for property owners who have  
          owned their rental property for five years or less.   
          Specifically,  this bill  :   

          1)Allows the city and county of San Francisco to do the  
            following through an ordinance or ballot measure:

             a)   Prohibit an owner of a rental property from filing a  
               notice to withdraw a property from rent, under the Ellis  
               Act, unless the owner has owned the property for five  
               continuous years or more. Requires that if the owner is not  
               an individual person, then all persons or entities with an  
               ownership interest in the property must have held the  
               property for five years or more. 

             b)   Prohibit any person or entity that withdraws a property  
               under the Ellis Act from withdrawing another property if it  
               is purchased within ten years of that filing. 

             c)   Prohibit any person or entity with an ownership interest  
               in a property from acting in concert with a co-owner,  
               successor owner, prospective owner, agent employee, or  
               assignee to circumvent the above prohibitions.  

             d)   Require an owner notifying the city and county of San  
               Francisco of an intention to withdraw a property under the  
               Ellis Act to include in the notice, the identify of each  
               person, entity, and members of an entity, with an ownership  
               interest in the property.

          1)Exempts owners who are natural persons, own no more than two  
            properties, and own no more than a total of four residential  
            units, from the requirement to own a property for five or more  








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            continuous years before withdrawing the property from the  
            rental market under the Ellis Act.  

          2)Provides that a violator of any of these provisions is liable  
            to the tenant for actual damages, special damages of at least  
            $2,000 for each violation, and reasonable attorney fees and  
            court costs as determined by the court.   

          EXISTING LAW  :

          1)The Ellis Act prohibits a public entity, by statute,  
            ordinance, or regulation, from compelling an owner of any  
            residential real property to offer, or continue to offer, the  
            rental units in the property for rent or lease. (Government  
            Code Section 7060)  



          2)Authorizes a public entity having a system of rent controls to  
            require the following when the owner of a rental property  
            subject to rent controls has exercised his or her Ellis Act  
            rights:

             a)   If the property is returned to the rental market within  
               five years following the filing of the notice of intent to  
               withdraw or within five years after the property's  
               withdrawal, the rental unit must be offered at the rent  
               level, as specified, in effect when the withdrawal notice  
               was filed; and further, if that returned rental unit is  
               offered again for rent at any time during the five-year  
               period, the rental rate for any re-rental of the returned  
               unit shall be that rent level.

             b)   If the property is offered for rent within two years the  
               property was withdrawn from the market: 

               i.     the property owner is liable to any evicted tenant  
                 for actual and exemplary damages; 

               ii.    the public entity may also sue the property owner  
                 for exemplary damages for the displacement of tenants and  
                 lessees; and

               iii.   the property owner must offer former evicted tenants  
                 the right of first refusal to reoccupy the property  








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                 pursuant to a reinstituted rental agreement where the  
                 tenant has advised the owner of this entitlement within  
                 30 days of the tenant's eviction from the premises when  
                 the property was first withdrawn.    

             a)   If the property is returned to the rental market within  
               10 years from the date of withdrawal, the owner must first  
               offer the returned unit to the tenant displaced by the  
               withdrawal where the tenant has requested the offer within  
               30 days after the owner had notified the public entity of  
               an intention to offer the property again for rent.   
               (Government Code Section 7060.2)

          1)Provides that in rent controlled jurisdictions, the rent  
            control ordinance may specify that if a landlord opts to  
            remove rental housing from the rental market, the landlord  
            must give tenants 120 days' notice before terminating the  
            tenancy and in the case of tenants that are disabled or over  
            62 this notice must be one year. (Government Code Section  
            7060.4)

           FISCAL EFFECT  :   None. 

           COMMENTS  :   

           The purpose of this bill:   According to the author,  
          "Speculators are exploiting a loop hole in the Ellis Act that  
          allows them to buy a building and then immediately 'exit' the  
          rental business through wholesale evictions of low and middle  
          income tenants.  Families, seniors and the disabled are losing  
          their long-term homes.  Ellis Act evictions have tripled in San  
          Francisco in the last year.  More than 300 units were taken off  
          the rental market?Fifty percent of the evictions in 2013 were  
          done by owners who had owned the property for less than one year  
          before invoking the Act, the majority occurring during the first  
          six months of ownership. SB 1439 would authorize San Francisco  
          to adopt measures to mitigate the negative effects of  
          speculators on the city's stock of affordable housing caused by  
          a surge of Ellis Act evictions."  

          The Ellis Act  :  In Nash v. City of Santa Monica (1984) 37 Cal.3d  
          97, the California Supreme Court upheld the power of a city, in  
          the context of a land use ordinance, to require a residential  
          real property owner to obtain a removal permit, under specified  
          criteria, before the owner could demolish his or her rental  








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          property and cause its removal from the marketplace.  SB 505  
          (Ellis), Chapter 1509, Statutes of 1985, preempted a local  
          government's authority to compel a rental property owner to stay  
          in the rental housing business by prohibiting a local government  
          from enacting or implementing any law to compel a residential  
          real property owner to offer, or continue to offer, the property  
          for lease or rent.   The Act only applies when an owner seeks to  
          remove all the units within a building or all units on a  
          property with a building containing three or fewer units, from  
          the market and only has real effect in cities or counties with  
          rent control and just cause evictions.  The Act authorizes local  
          governments to place restrictions on how property owners can  
          "Ellis" a property and exit the rental property market.  An  
          owner can be required to give tenants 120 days' notice that the  
          property is being withdrawn from the rental market and elderly  
          and disabled tenants must receive one year's notice.  Owners are  
          required to re-rent a unit, at the rent control amount at the  
          time the unit was withdrawn, if they offer it for rent within  
          five years of filing to withdraw or withdrawing the property.     
            

           Limited application  :  This is a district bill.  Although 11  
          cities in the state have rent control, including Los Angles,  
          Santa Monica, San Jose, Oakland, and West Hollywood this bill  
          only applies to the city and county of San Francisco. San  
          Francisco arguably has one of, if not the most, competitive  
          rental markets in the state.    The expansion of the technology  
          industry in San Francisco has expanded the demand for  
          homeownership types of housing including condominiums and  
          tenancy-in-common.  According to the San Francisco Association  
          of Realtors, the median price for a condominium or  
          tenancy-in-common unit in San Francisco hit $950,000 in January  
          2014, a 24.6% year-over-year jump, and surpassed the $928,000  
          median price for single-family homes.

           Exemption for small property owners:   This bill would exempt  
          small property owners from any restriction the city and county  
          of San Francisco could place on rental property owners who have  
          owned their rental property for less than five years from  
          existing the rental market.  Property owners who are "natural  
          persons", own no more than two properties, and own no more than  
          four residential units would not be subject to any limitations  
          on "Ellising" their property based on how long they owned the  
          property.  "Natural person" is not defined in the bill but could  
          be interpreted to limit the exemption to properties that are  








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          owned by an individual person.  This would not include small  
          properties that are owned by a married couple or a family trust.  
           Setting up a living trust or limited liability corporation  
          (LLC) is relatively easy, inexpensive, and often encouraged to  
          avoid liability and insulate owners.  In an effort to capture  
          small property owners that may be made up of multiple family  
          members, or situations where parents have formed a trust to ease  
          inheritance of property, the committee may wish to consider  
          defining natural person(s) to include an exemption for living  
          trusts.

          The committee may wish to consider whether owning one's own  
          personal residence should be considered in determining his or  
          her status as a small property owner. The committee may wish to  
          make clear that an owner's personal residence should not be  
          counted, as one of the two properties or four rental units, to  
          meet the exemption.     
          
           Inherited properties  :  This bill would allow the city and county  
          of San Francisco to require that all owners be "owners of  
          record" of a rental property for five continuous years before  
          seeking to withdraw a property from the rental market.  The  
          committee may wish to consider that this could negatively impact  
          a property owner that has owned the property for more than five  
          years as an individual but then forms an LLC or trust and  
          transfers ownership to that new entity.  The transfer would  
          trigger a change in the owner of record and could then prevent a  
          property owner who has owed a property for more than five years  
          from withdrawing it from the rental market.   In addition, the  
          committee may wish to consider how this would affect children  
          who inherit rental properties in San Francisco. Should they be  
          treated as new owners of record or should they be treated as  
          their parents were if the parents owned the property for more  
          than five years?  

           Arguments in opposition  : According to opponents, the exemption  
          for small property owners is too narrow. They contend that the  
          majority of small property owners own their properties through  
          family trusts, partnerships, or corporations for various legal  
          and tax purposes.  The exemption would not address this segment  
          of small property owners.   Opponents also argue that if SB 1439  
          becomes law rental property owners may no longer be able to sell  
          a property even if they are losing money every month.  They  
          contend that the Ellis Act is used primarily by small property  
          owners with duplexes and Victorians who no longer want to or can  








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          afford to stay in business.  Opponents also argue that there are  
          strong tenant protections in place that local governments can  
          impose on owners who desire to exit the rental market, including  
          relocation assistance to displaced tenants, specific notice  
          periods, and deed restrictions. Opponents argue that SB 1439  
          would prevent owners and families who own small buildings from  
          being able to move into their own units.  While San Francisco  
          does have an owner-move-in law, it is so stringent that the  
          Ellis Act is the only way for an owner or his/her family to move  
          into their building. Under the San Francisco owner-move-in-law,  
          only one owner per building can move in, and owners must own at  
          least twenty-five percent.  
           
           Arguments in support  : According to the sponsor of the bill,  
          Mayor Edwin Lee, "Since emerging from the Great Recession, the  
          City has experienced a dramatic surge in Ellis Act evictions. In  
          the last year, Ellis Act evictions have increased 86%, on top of  
          an 81% increase in 2012.  These evictions are not being carried  
          out by long-term property owners, leaving the rental business to  
          retire from being landlords.  Instead, a small group of bad  
          actors have become serial evictors, buying tenanted,  
          rent-controlled buildings with the intention of invoking the  
          Ellis Act and reselling a vacated building at a higher  
          price?..San Francisco faces an affordability crisis.  Protecting  
          the City's existing rental housing is only part of the effort.  
          The City also needs to build more housing. That is why I put  
          forward an ambitious seven-point plan that will build or  
          preserve 30,000 new or rehabilitated homes in the next six  
          years.  Through this effort, an unprecedented amount of  
          market-rate and affordable housing will be built to ensure that  
          working class families can continue to call San Francisco home.  
          My seven-point plan also provides a pathway for property owners  
          to receive fair-market-value for their property while preserving  
          rental housing.  Under this program, property owners can sell  
          their rental business to non-profit development corporation."

           Related Legislation:
           
          AB 1537 (Levine) is a district bill.  This bill reduces the  
          housing default densities from 30 to 20 for two cities and  
          unincorporated Marin County until 2023. AB 1537 bill passed out  
          of this committee 7-0 and is currently in Senate Transportation  
          and Housing Committee.

          SB 391 (DeSaulnier) would create a permanent funding source for  








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          affordable housing in the state through a fee charged on  
          recorded real estate documents, excluding those filed at the  
          time of sale.  SB 391 passed out of this committee 4-1 and is  
          currently in Assembly Appropriations Committee. 


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          City and County of San Francisco, Edwin M. Lee, Mayor (sponsor)
          Tenants Together (sponsor)
          Accela
          Advent
          Affordable Housing Alliance
          AFSCME
          AfterCollege, Inc.
          Airbnb
          Airseed
          Alliance for a Better District 6
          Apcera
          AppMesh Inc.
          Asian Americans Advancing Justice - Asian Law Caucus
          Asian Pacific Islander Legal Outreach
          Asian Southeast Asian Society International Policy Institute
          Asian Students Promoting Immigrants' Rights through Education  
          (ASPIRE)
          Automatic Labs Inc.
          Babelverse, Inc.
          Bay Area Council
          Bernal Heights Neighborhood Center
          Bill Sorro Housing Program
          Box
          Brian Webster and Associates
          Calle 24 Merchants and Neighborhood Association
          California Alliance for Retired Americans
          California Association of Code Enforcement Officers
          California Community Economic Development Association
          California Labor Federation
          California Music and Culture Association
          California Rural Legal Assistance Foundation
          California State Association of Counties
          California State Association of Electrical Workers
          California State Pipe Trades Council
          Causa Justa::Just Cause








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          Causes
          Central City Democrats
          Chinatown Community Development Center
          Chinese Chamber of Commerce
          Christ Our Redeemer AME Church of Irvine
          Cloudera
          Community Housing Partnership
          Community Tenants Association
          Couchsurfing
          Crate Labs, Inc.
          Credit Karma
          Crowdtilt
          Data Elite
          Deloitte
          Ecumenical Center for Black Church Studies
          EchoUser
          Episcopal Community Services of San Francisco
          Events by Collette
          Eviction Defense Collaborative
          Expedia, Inc.
          Exygy
          Eyegroove
          Fido Labs
          ForageSF
          Generator Lab
          Getable, Inc.
          Github
          HandUp PBC
          Homeownership San Francisco
          Housing California
          Housing Rights Committee of San Francisco
          IB5k
          iCloud
          Inside
          Jawbone
          Jesse Miranda Center for Hispanic Leadership
          Keen IO
          Kite Solutions, Inc.
          Lit Motors
          Los Angeles Latino Chamber of Commerce
          Lower 24th Street, Merchants & Neighbors Association
          McElroy, Most Reverend Robert W., Auxiliary Bishop of San  
          Francisco
          Mesosphere Inc.
          Mission Cultural Center for Latino Arts








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          Mission Economic Development Agency
          Nashville West Studios
          National Asian American Coalition
          National Housing Law Project
          Neighborland
          Newsle, Inc.
          Non-Profit Housing Association of Northern California
          North Beach Tenants Committee
          North of Market Business Association
          Optimizely
          Organizer
          Path
          Peers
          Peerspace
          PLAE, Inc.
          Project Homeless Connect
          QuickPay
          Residential Builders Association
          RivalMe Inc.
          Salesforce
          San Francisco Board of Supervisors
          San Francisco Building and Construction Trades Council
          San Francisco Citizens Initiative for Technology and Innovation  
          (sf.citi)
          San Francisco Community Land Trust
          San Francisco Housing Development Corporation
          San Francisco Immigrant & Legal Education Network
          San Francisco Interfaith Council
          San Francisco Labor Council
          San Francisco Latino Democratic Club
          Silicon Valley Bank
          Social Bet, Inc.
          Splice Vine
          Square Trade
          StartUpers
          State Building and Construction Trades Council
          St. Anthony Foundation
          SV ANGEL
          Tagged
          Tenant Associations Coalitions of San Francisco
          Tenderloin Housing Clinic
          Tennis Round, Inc.
          The Archdiocese of San Francisco
          TinyCo
          TMG Partners








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          TRAIL
          Treasure Island Homeless Development Initiative
          Twilio
          Twitter
          United Farm Workers
          Urban Counties Caucus
          WebTalk
          West Bay Housing Corporation
          Western Center on Law and Poverty
          Western States Council of Sheet Metal Workers
          Xoom Corp.
          YELP
          YouBetMe
          Zackees, Inc.
          Zynga
          Private individuals
           
            Opposition 
           
          Apartment Association of Greater Los Angeles, 
          Apartment Association of Orange County
          Apartment Association, California Southern Cities
          CalChamber
          California Apartment Association
          California Apartment Association (CAA)
          California Association of Realtors
          California Building Industry Association (CBIA)
          Civil Justice Association of California
          East Bay Rental; Housing Association
          Individual rental property owners (4)
          Individual San Francisco Realtors (33)
          Lingsch Realty
          Nor Cal Rental Property Association
          San Diego County Apartment Association
          San Francisco Apartment Association
          San Francisco Association of REALTORS
          Santa Barbara Rental Association
          The Small Property Owners of San Francisco Institute (SPOSF)  
          Petition (103 signatures)
          Zacks & Freedman, P.C.


           Analysis Prepared by  :    Lisa Engel / H. & C.D. / (916) 319-2085  










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