# Board of Supervisors Minutes: April 8, 2014 - Meeting date: 2014-04-08 - Document type: minutes - Source format: PDF - Extracted pages: 23 - [Canonical HTML transcript](https://sfbos.info/documents/178/2014-04-08-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=305813&GUID=5A4EB4D3-0A37-4CE1-8681-5AFA96A2D610) > 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: 3-4 - Sponsors: Chiu - Vote 1: final-passage, likely final - 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). Ordinance No. 044-14 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140122: Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2014 - Pages: 4 - Sponsors: Tang; Mar - Vote 1: final-passage, likely final - Action: 140122 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2014] Sponsors: Tang; Mar Ordinance recognizing Small Business Month in May 2014; amending the Planning and Building Codes to retroactively waive fees for the month of May for certain façade improvements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 046-14 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140096: Administrative Code - Tenant Relocation Assistance Payment - Pages: 4-5 - Sponsors: Campos; Kim, Avalos and Mar - Vote 1: continuance - Action: eater 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. Angela Calvillo, Clerk of the Board, reiterated the following three motions which were continued with this Ordinance from the prior meeting: 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 Yee withdrew his above referenced motion. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote: - Ayes: Breed, Farrell, Tang, Wiener - Noes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee - Vote 2: amendment - Action: Supervisor Breed, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 4, Lines 14 through 18, by adding 'At such a hearing, the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs.' The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 3: amendment - Action: City and County of San Francisco Page 211 Printed at 4:54 pm on 5/16/14 Board of Supervisors Meeting Minutes 4/8/2014 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 Wiener withdrew his above referenced motion and substituted the following motion. Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, Lines 8 through 21, relating to Landlord hardship provisions. The motion FAILED by the following vote: - Ayes: Breed, Cohen, Farrell, Tang, Wiener - Noes: Avalos, Campos, Chiu, Kim, Mar, Yee - Vote 4: amendment - Action: Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, beginning on Line 4, by adding '(ii) At a hearing for hardship adjustment under Subsection (i), the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs, except as provided in Subsection (iii), (iii) At a hearing for hardship adjustment under Subsection (i), the Board or its designated Administrative Law Judges, shall not consider any of the following types of assets owned by the landlord: a. Assets held in retirement accounts; and b. Non-liquid personal property.' The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Tang, Wiener, Yee - Noes: Avalos, Campos, Chiu, Kim, Mar - Vote 5: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Wiener, Yee - Noes: Farrell, Tang ### File 131148: Planning, Building, Administrative, and Subdivision Codes - Legalization of Dwelling Units Installed Without a Permit - Pages: 5-6 - Sponsors: Chiu; Wiener, Avalos, Mar, Breed and Cohen - Vote 1: final-passage, likely final - Action: ision 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). Ordinance No. 043-14 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener - Noes: Tang, Yee ## Extracted text ### [Page 4](https://sfbos.info/documents/178/2014-04-08-minutes#page-4) Board of Supervisors Meeting Minutes 4/8/2014 140122 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2014] Sponsors: Tang; Mar Ordinance recognizing Small Business Month in May 2014; amending the Planning and Building Codes to retroactively waive fees for the month of May for certain façade improvements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 046-14 FINALLY PASSED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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. Angela Calvillo, Clerk of the Board, reiterated the following three motions which were continued with this Ordinance from the prior meeting: 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 Yee withdrew his above referenced motion. Supervisor Breed, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote: Ayes: 4 - Breed, Farrell, Tang, Wiener Noes: 7 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee Supervisor Breed, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 4, Lines 14 through 18, by adding 'At such a hearing, the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs.' The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 211 Printed at 4:54 pm on 5/16/14 ### [Page 5](https://sfbos.info/documents/178/2014-04-08-minutes#page-5) Board of Supervisors Meeting Minutes 4/8/2014 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 Wiener withdrew his above referenced motion and substituted the following motion. Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, Lines 8 through 21, relating to Landlord hardship provisions. The motion FAILED by the following vote: Ayes: 5 - Breed, Cohen, Farrell, Tang, Wiener Noes: 6 - Avalos, Campos, Chiu, Kim, Mar, Yee Supervisor Wiener, seconded by Supervisor Breed, moved that this Ordinance be AMENDED on Page 4, beginning on Line 4, by adding '(ii) At a hearing for hardship adjustment under Subsection (i), the Board, or its designated Administrative Law Judges, shall consider all relevant factors, including the number of units in the building and any evidence submitted regarding the landlord's age, length of ownership of the building, ownership of any other buildings, income, expenses, other assets, debt, health, and health care costs, except as provided in Subsection (iii), (iii) At a hearing for hardship adjustment under Subsection (i), the Board or its designated Administrative Law Judges, shall not consider any of the following types of assets owned by the landlord: a. Assets held in retirement accounts; and b. Non-liquid personal property.' The motion carried by the following vote: Ayes: 6 - Breed, Cohen, Farrell, Tang, Wiener, Yee Noes: 5 - Avalos, Campos, Chiu, Kim, Mar PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 9 - Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Wiener, Yee Noes: 2 - Farrell, Tang 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). Ordinance No. 043-14 FINALLY PASSED by the following vote: Ayes: 9 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Wiener Noes: 2 - Tang, Yee City and County of San Francisco Page 212 Printed at 4:54 pm on 5/16/14