# Board of Supervisors Minutes: April 1, 2014

- Meeting date: 2014-04-01
- Document type: minutes
- Source format: PDF
- Extracted pages: 17
- [Canonical HTML transcript](https://sfbos.info/documents/176/2014-04-01-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=304858&GUID=991E0594-0943-498C-B80C-5F7FEEC0B6D4)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 140035: Administrative Code - Consumer Price Index Increase - Temporary Tenant Household Dislocation Compensation

- Pages: 6-7
- Sponsors: Chiu
- Vote 1: first-reading
  - Action: 140035 [Administrative Code - Consumer Price Index Increase - Temporary Tenant Household Dislocation Compensation] Sponsor: Chiu Ordinance amending Administrative Code, Chapter 37, “Residential Rent Stabilization and Arbitration Ordinance,” to implement California Civil Code, Section 1947.9(a)(1)(A), by requiring the Rent Board to annually adjust the daily compensation rate for tenant household temporary dislocation of less than 20 days, according to the Consumer Price Index (CPI). PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Excused: Mar

### File 140096: Administrative Code - Tenant Relocation Assistance Payment

- Pages: 7-8
- Sponsors: Campos; Kim, Avalos and Mar
- Vote 1: first-reading
  - Action: mparable apartment in San Francisco over a two year period; and allowing a landlord, through a hearing process, to obtain a revised relocation payment obligation based on an undue financial hardship adjustment or recalculated rent differential amount. Privilege of the floor was granted to Delene Wolf, Executive Director of the Rent Board, and Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. Supervisor Yee, seconded by Supervisor Campos, moved to AMEND on Page 4, Lines 14 through 18, as articulated in Supervisor Breed's amendment, relating to hardship adjustment hearings. Supervisor Wiener, seconded by Supervisor Breed, moved to AMEND on Page 4, starting on Line 1, relating to Landlord hardship provisions. Supervisor Breed, seconded by Supervisor Cohen, moved to continue this matter until later in the meeting. The motion carried without objection. Supervisor Avalos, seconded by Supervisor Breed, moved that this Ordinance be CONTINUED ON FIRST READING to April 8, 2014. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Excused: Mar

### File 131148: Planning, Building, Administrative, and Subdivision Codes - Legalization of Dwelling Units Installed Without a Permit

- Pages: 8-9
- Sponsors: Chiu; Wiener, Avalos, Mar, Breed and Cohen
- Vote 1: amendment
  - Action: ss for units in the process of receiving legal status, and prohibiting units from being legalized under the provisions of this Ordinance if there have been no-fault evictions; amending the Administrative Code to prohibit the costs of legalization from being passed through to the tenant; amending the Subdivision Code to prohibit legalized units from being subdivided and separately sold; affirming the Planning Department’s California Environmental Quality Act determination; making findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to submit this Ordinance to the California Department of Housing and Community Development in accordance with California Government Code, Section 65852.2(h). Privilege of the floor was granted to Bill Strawn (Department of Building Inspection) who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Yee, moved that this Ordinance be AMENDED to strike the findings listed in the proposed amendment by Supervisor Yee beginning on Page 3, Line 23, through Page 6, Line 3. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Excused: Mar
- Vote 2: amendment
  - Action: Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, AS AMENDED. The motion FAILED by the following vote:
  - Ayes: Breed, Farrell, Tang, Wiener, Yee
  - Noes: Avalos, Campos, Chiu, Cohen, Kim
  - Excused: Mar
- Vote 3: amendment
  - Action: Supervisor Wiener, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED to strike the findings listed in the proposed amendment by Supervisor Yee beginning on Page 4, Line 1, through Page 6, Line 9; and on Page 6, Line 18, to change 'RH-2' to 'RH-1(D)'. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Excused: Mar
- Vote 4: amendment
  - Action: Supervisor Yee withdrew his previous motion without opposition. Supervisor Chiu, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED on Page 7, beginning on Line 17, by adding 'Upon receiving the reports one year and two years after the effective date, the Clerk of the Board of Supervisors shall schedule a public hearing for each report on the agenda of the appropriate Board of Supervisors committee to consider the effectiveness of the program.' The motion carried by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Excused: Mar
- Vote 5: first-reading
  - Action: City and County of San Francisco Page 199 Printed at 4:52 pm on 5/16/14 Board of Supervisors Meeting Minutes 4/1/2014 Supervisor Cohen requested to be added as a co-sponsor. PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Wiener
  - Noes: Tang, Yee
  - Excused: Mar

## Extracted text

### [Page 7](https://sfbos.info/documents/176/2014-04-01-minutes#page-7)

Board of Supervisors                              Meeting Minutes                                                  4/1/2014



140096 [Administrative Code - Tenant Relocation Assistance Payment]
            Sponsors: Campos; Kim, Avalos and Mar
            Ordinance amending the Administrative Code to mitigate adverse impacts of tenant evictions to
            provide that when residential units are withdrawn from the rental market under the Ellis Act, each
            relocated tenant is entitled to the greater of the existing rent relocation payment, or the difference
            between the tenant’s current rent and the prevailing rent for a comparable apartment in San
            Francisco over a two year period; and allowing a landlord, through a hearing process, to obtain a
            revised relocation payment obligation based on an undue financial hardship adjustment or
            recalculated rent differential amount.
            Privilege of the floor was granted to Delene Wolf, Executive Director of the Rent Board, and Jon
            Givner, Deputy City Attorney, who responded to questions raised throughout the discussion.

            Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE.

            Supervisor Yee, seconded by Supervisor Campos, moved to AMEND on Page 4, Lines 14 through
            18, as articulated in Supervisor Breed's amendment, relating to hardship adjustment hearings.

            Supervisor Wiener, seconded by Supervisor Breed, moved to AMEND on Page 4, starting on Line
            1, relating to Landlord hardship provisions.

            Supervisor Breed, seconded by Supervisor Cohen, moved to continue this matter until later in the
            meeting. The motion carried without objection.
            Supervisor Avalos, seconded by Supervisor Breed, moved that this Ordinance be CONTINUED ON
            FIRST READING to April 8, 2014. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
                 Excused: 1 - Mar




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### [Page 8](https://sfbos.info/documents/176/2014-04-01-minutes#page-8)

Board of Supervisors                             Meeting Minutes                                                 4/1/2014




Referred Without Recommendation from the Land Use and Economic Development
Committee

131148 [Planning, Building, Administrative, and Subdivision Codes - Legalization of
       Dwelling Units Installed Without a Permit]
            Sponsors: Chiu; Wiener, Avalos, Mar, Breed and Cohen
            Ordinance amending the Planning and Building Codes to provide a process for granting legal
            status to existing dwelling units constructed without the required permits, temporarily suspending
            the code enforcement process for units in the process of receiving legal status, and prohibiting
            units from being legalized under the provisions of this Ordinance if there have been no-fault
            evictions; amending the Administrative Code to prohibit the costs of legalization from being passed
            through to the tenant; amending the Subdivision Code to prohibit legalized units from being
            subdivided and separately sold; affirming the Planning Department’s California Environmental
            Quality Act determination; making findings of consistency with the General Plan, and the priority
            policies of Planning Code, Section 101.1; and directing the Clerk of the Board of Supervisors to
            submit this Ordinance to the California Department of Housing and Community Development in
            accordance with California Government Code, Section 65852.2(h).
            Privilege of the floor was granted to Bill Strawn (Department of Building Inspection) who
            responded to questions raised throughout the discussion.
            Supervisor Wiener, seconded by Supervisor Yee, moved that this Ordinance be AMENDED to strike
            the findings listed in the proposed amendment by Supervisor Yee beginning on Page 3, Line 23,
            through Page 6, Line 3. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
                 Excused: 1 - Mar
            Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE, AS AMENDED. The motion FAILED by the
            following vote:
                 Ayes: 5 - Breed, Farrell, Tang, Wiener, Yee
                 Noes: 5 - Avalos, Campos, Chiu, Cohen, Kim
                 Excused: 1 - Mar
            Supervisor Wiener, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED to strike
            the findings listed in the proposed amendment by Supervisor Yee beginning on Page 4, Line 1,
            through Page 6, Line 9; and on Page 6, Line 18, to change 'RH-2' to 'RH-1(D)'. The motion carried by
            the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
                 Excused: 1 - Mar
            Supervisor Yee withdrew his previous motion without opposition.
            Supervisor Chiu, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED on Page
            7, beginning on Line 17, by adding 'Upon receiving the reports one year and two years after the
            effective date, the Clerk of the Board of Supervisors shall schedule a public hearing for each report
            on the agenda of the appropriate Board of Supervisors committee to consider the effectiveness of the
            program.' The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
                 Excused: 1 - Mar




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