Supervisors Vote to Restrict
Eviction Law
Surge in usage by S.F. landlords prompts action
Jason
B. Johnson, Chronicle Staff Writer
Tuesday, March 2, 1999
San Francisco's Board of Supervisors voted yesterday to restrict property owners' ability to use a little- known state law to evict tenants and take their buildings off the rental market.
The board approved an ordinance prohibiting landlords from converting residential rentals in buildings of three or more units to nonrental use without the city Planning Commission's permission.
The measure, which was sponsored by Supervisors Sue Bierman and Leslie Katz, will be in effect for the next 18 months.
The ordinance is meant to blunt the Ellis Act, a 1986 law that allows landlords to evict all their tenants at one time and withdraw from the rental business. Landlords made little use of the law for several years, but the number of Ellis evictions in San Francisco has soared recently as the city has placed more restrictions on so-called owner move-in evictions.
In 1995, only five buildings were ``Ellised out'' in San Francisco. In 1997, the total was 16 buildings, made up of 34 units. Last year, evictions under the law occurred in 65 buildings, representing 201 units, according to the city's rent board.
In January, 14 buildings containing 34 units were Ellised out, said Joe Grubb, chairman of the city's rent board.
The proposed ordinance passed on an 8-to-0 vote, with Supervisors Leland Yee, Barbara Kaufman and Gavin Newsom excused because of conflicts of interest.
About two dozen supporters of the measure applauded when the supervisors' vote was completed.
``We've worked on this for several months,'' said Bierman, adding that her office has received many calls from people facing eviction. ``We really need to protect our rental housing stock.''
Supervisor Amos Brown expressed concern that the ordinance might hurt the interests of landlords and others who own property.
``We need to reach common ground,'' Brown said. ``I hope we would not leave this matter right where it is.''
Nevertheless Brown voted for the measure because he said something needs to be done to address the growing number of Ellis evictions.
Supporters hailed the vote, calling the proposed ordinance a way of preserving the city's stock of affordable housing.
``It's something that very affirmatively preserves rental units and will make Ellis evictions extremely difficult to do,'' said Ted Gullicksen of the San Francisco Tenants Union.
Property owners were highly critical of the plan, calling it an unlawful attempt by the city to take away their property rights.
``It's very bad public policy,`' said James Fabris, executive vice president of the Greater San Francisco Association of Realtors.
Fabris said the board was taking the ``easy way out'' by voting for an ordinance that will quickly be challenged in court and, he believes, be found unconstitutional.
``The city should take a fairer approach to affordable housing,'' Fabris said. ``(Tenants now) get what they want.''
Fabris said Mayor Willie Brown has expressed interest in convening a
meeting with property owners and tenants to find ways to develop more affordable
housing in the city.