# Board of Supervisors Minutes: June 27, 2017 - Meeting date: 2017-06-27 - Document type: minutes - Source format: PDF - Extracted pages: 24 - [Canonical HTML transcript](https://sfbos.info/documents/450/2017-06-27-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=555073&GUID=4091EFB9-FBD8-45A2-8218-F9C50031E1DD) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 170296: Planning Code, Zoning Map - Corona Heights Large Residence Special Use District - Pages: 14-15 - Sponsors: Sheehy - Vote 1: first-reading - Action: 170296 [Planning Code, Zoning Map - Corona Heights Large Residence Special Use District] Sponsor: Sheehy Ordinance amending the Planning Code and Sectional Maps SU06 and SU07 of the Zoning Map to create the Corona Heights Large Residence Special Use District (the area within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel Block No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel Block No. 2619, Lot No. 001A, and Douglass Street; and in addition, all additional parcels fronting States Street), to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments in the district; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170349: Administrative Code - Owner Move-In Reporting Requirements - Pages: 15-16 - Sponsors: Farrell; Sheehy, Cohen and Breed - Vote 1: amendment - Action: occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Sheehy, seconded by Supervisor Farrell, moved to AMEND the Ordinance by adding a new Section 37.11A(b). Before the vote was taken, Supervisor Peskin made a motion to further amend the motion. Supervisor Peskin, seconded by Supervisor Ronen, moved that the motion made by Supervisor Sheehy be AMENDED by striking the proposed language ‘Such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier.’ and adding ‘Such action shall be filed within three years after an affected tenant knew, or through the exercise of reasonable diligence should have known, of the facts constituting the violation.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: Supervisor Sheehy, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 5, by adding a new Section 37.11A(b) to provide that any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4), that has a primary mission of protecting the rights of tenants in San Francisco, may bring a civil action for injunctive relief and/or damages against a landlord who has wrongfully endeavored to recover, or has recovered, possession of a rental unit in violation of Section 37.9, within specified timeframes and guidelines, including the further amendment moved by Supervisor Peskin. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: amendment - Action: City and County of San Francisco Page 520 Printed at 5:19 pm on 9/6/17 Board of Supervisors Meeting Minutes 6/27/2017 Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) regarding 'Filing of Buyout Agreements.' The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Farrell, Safai, Sheehy, Tang - Vote 4: rescission - Action: Supervisor Peskin, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 5: rescission - Action: Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) that reads ‘Filing of Buyout Agreements. The landlord shall file a copy of the Buyout Agreement with the Rent Board no sooner than the 46th day after the Buyout Agreement is executed by all parties, and no more than 59 days after the agreement is executed by all parties. Any waiver of rights by a tenant in a Buyout Agreement executed on or after January 1, 2018, that is not filed with the Rent Board within 59 days after execution shall not be enforceable. Buyout agreements rescinded under subsection (g) need not be filed with the Rent Board.’ The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Farrell, Safai, Sheehy, Tang - Vote 6: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170417: Administrative Code - Owner Move-In Evictions and Other Landlord-Tenant Matters - Pages: 16 - Sponsors: Peskin; Kim and Ronen ### File 170702: Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue - Pages: 16-17 - Sponsors: Mayor; Ronen - Vote 1: first-reading - Action: 170702 [Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving a fee waiver under Building Code, Section 106A.4.13, for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue; and adopting findings under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ## Extracted text ### [Page 15](https://sfbos.info/documents/450/2017-06-27-minutes#page-15) Board of Supervisors Meeting Minutes 6/27/2017 170349 [Administrative Code - Owner Move-In Reporting Requirements] Sponsors: Farrell; Sheehy, Cohen and Breed Ordinance amending the Administrative Code regarding owner move-in and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide a declaration under penalty of perjury stating that the landlord intends to occupy the unit for use as the principal place of residence of the landlord or the landlord’s relative for at least 36 continuous months; require a landlord to provide the tenant with a form prepared by the Rent Board to be used to advise the Rent Board of any change in address; clarify the evidentiary standard for finding that an OMI was not performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of an OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; provide that a landlord who charges above the maximum allowable rent during the five-year period after an OMI is guilty of a misdemeanor; require the Rent Board to annually notify the unit occupant of the maximum rent for the unit for five years after an OMI, and authorize the occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Sheehy, seconded by Supervisor Farrell, moved to AMEND the Ordinance by adding a new Section 37.11A(b). Before the vote was taken, Supervisor Peskin made a motion to further amend the motion. Supervisor Peskin, seconded by Supervisor Ronen, moved that the motion made by Supervisor Sheehy be AMENDED by striking the proposed language ‘Such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier.’ and adding ‘Such action shall be filed within three years after an affected tenant knew, or through the exercise of reasonable diligence should have known, of the facts constituting the violation.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Sheehy, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 5, by adding a new Section 37.11A(b) to provide that any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4), that has a primary mission of protecting the rights of tenants in San Francisco, may bring a civil action for injunctive relief and/or damages against a landlord who has wrongfully endeavored to recover, or has recovered, possession of a rental unit in violation of Section 37.9, within specified timeframes and guidelines, including the further amendment moved by Supervisor Peskin. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 520 Printed at 5:19 pm on 9/6/17 ### [Page 16](https://sfbos.info/documents/450/2017-06-27-minutes#page-16) Board of Supervisors Meeting Minutes 6/27/2017 Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) regarding 'Filing of Buyout Agreements.' The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Peskin, Ronen, Yee Noes: 6 - Breed, Cohen, Farrell, Safai, Sheehy, Tang Supervisor Peskin, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) that reads ‘Filing of Buyout Agreements. The landlord shall file a copy of the Buyout Agreement with the Rent Board no sooner than the 46th day after the Buyout Agreement is executed by all parties, and no more than 59 days after the agreement is executed by all parties. Any waiver of rights by a tenant in a Buyout Agreement executed on or after January 1, 2018, that is not filed with the Rent Board within 59 days after execution shall not be enforceable. Buyout agreements rescinded under subsection (g) need not be filed with the Rent Board.’ The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Peskin, Ronen, Yee Noes: 6 - Breed, Cohen, Farrell, Safai, Sheehy, Tang PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170417 [Administrative Code - Owner Move-In Evictions and Other Landlord-Tenant Matters] Sponsors: Peskin; Kim and Ronen Ordinance amending the Administrative Code regarding owner and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide the tenant with an approved form to advise the Rent Board of address changes; clarify the evidentiary standard for finding that an OMI was performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of the OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; authorize a tenant who has been charged excess rent within five years after an OMI to sue for treble damages; as to matters not limited to OMI evictions, provide that a landlord’s failure to timely file a copy of the notice to vacate with the Rent Board is a defense in an unlawful detainer proceeding; provide that a tenant waiver of rights in a buyout agreement is not enforceable if the buyout is not timely filed with the Rent Board; extend from one to three years the statute of limitations for wrongful eviction claims; authorize interested non-profit organizations to sue for wrongful eviction and collection of excess rent; and making clarifying changes. This item was not sent as a Committee Report. 170702 [Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving a fee waiver under Building Code, Section 106A.4.13, for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue; and adopting findings under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 521 Printed at 5:19 pm on 9/6/17