Public Hearing
Codification of Artist Live/Work Policy
The Board commenced a Public Hearing at 6:12 p.m. Three representatives
of the landlord community spoke: Jim Fabris from the S.F. Association
of Realtors; Janan New of the S.F. Apartment Association; and
Ken Cleaveland from the Building Owners and Managers Association
(BOMA). These individuals directed the Board’s attention to letters
drafted by Attorneys Nancy Lenvin and Clifford Fried, raising
the following concerns, among others: that it is an abuse of
the Board’s power to redefine "rental units", in that
zoning is the purview of the Planning Department; that the proposal
muddies the distinction between commercial and residential units,
and rent control as applied to commercial property is preempted
by State law; that by inserting the phrase "regardless of
zoning or legal status", the Board is legitimizing the illegal
use of property, rather than discouraging such use; that the proposed
amendment will lead to unintended consequences, in that it will
lead to an increase in enforcement actions and resulting evictions;
that new conditions for exemption from the Ordinance should be
imposed by the Board of Supervisors; and that what appears to
be reasonable language will, over time, be interpreted unreasonably,
thereby having a chilling effect on owners with charitable impulses.
One tenant representative, Gloria Lopez, Director of St. Peter’s
Housing Committee, stated her belief that increased enforcement
of housing codes is for the good, because illegal units are a
reality in the City, especially in her community. President Lightner
closed the Public Hearing at 6:20. At that time the Commissioners
debated the issues raised and the language of the proposed amendment,
including whether the words infrequent and incidental in subsection
(h) should be separated by "and" or "and/or".
After discussion, the following motion was made and carried:
MSC: To adopt the proposed amendments to Section 1.17 of the
Rules and Regulations in order to codify the Board’s Artist Live/Work
Policy, with minor amendments, as follow below:
Section 1.17 Rental Units
"Rental Unit" means a residential dwelling unit,
regardless of zoning or legal status, in the City and County
of San Francisco and all housing services, privileges, furnishings
(including parking facilities supplied in connection with the
use or occupancy of such unit), which is made available by
agreement for residential occupancy by a tenant in consideration
of the payment of rent. The term does not include:
(g) live/work units in a building where all of the following
conditions have been met: (1) a lawful conversion to commercial/dwelling
use occupancy has occurred; (2) a Certificate of Occupancy has
been issued by the San Francisco Department of Public Works after
June 13, 1979; and (3) there has been no residential tenancy in
the building of any kind between June 13, 1979 and the date of
issuance of the Certificate of Occupancy.
(h) commercial space where there is incidental and infrequent
residential use.
(Becker/Marshall: 3-2; Gruber, Lightner dissenting)