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tv   [untitled]    April 25, 2015 3:00am-3:31am PDT

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should have the benefit of seeing we represent that boarder kind of in favor. >> i'd like to roll call. >> on recommendation number one. >> commissioner antonini. >> no commissioner hillis san francisco commissioner johnson by commissioner moore commissioner richards commissioner wu and commissioner fong so that recommendation theoretically will get added to the represents to the board of supervisors by a vote of 5 to 2 with commissioner antonini and commissioner hillis voting against recommendation two is to rehabilitate unit that have been subject to an ellis act from registering on the short-term rental registry the department buildings this will add another
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disincentive it allows someone to do a short-term rental after the period of 5 years it didn't cut them out of the market. >> commissioner johnson i'm supportive of this supervisor kim and supervisor breed decided to eliminate this amendment. >> mined was that supervisor breed want to take out her private right of action provision for units that have been subject to the ellis act violation. >> if i can jump in if those are were added by the board of supervisors to the full board you can't take it out she can't take it out herself it has to be forming because it goes back to the full board the full board has to vote they put it in i
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would say it supervisor breed not move forward. >> commissioner hillis. >> i'm supportive by the way a question your currently prohibited from leasing our ellis act apartment for 10 years would that not apply to you know leasing or is it an airbnb unit i don't want to lower it you can't lease our property for 10 years. >> deputy city attorney under the current law assuming they meanwhile meet all the qualification can rent their unit as a short-term rental, however you buy a building and ellis acted and it was sold and condos and let's say everyone in
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the building is a pardon me resident they own their unit and live there they otherwise quality to be on short-term rental program they'll be able to do a should recall in the administrative code and the planning code if you qualify with the short-term rental your use is residential not consider a lease hold. >> just a quick conversation clarification you'll not been able to move out for 10 years you couldn't are we talking about a bedroom. >> that's maintained in you go on vacation and comply do a short-term rental assuming you moot the qualifications for the short-term rental outline have to be recommended with the department and - >> forgot short-term rental can
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you rent out it for a short-term rental. >> that's a distinction you can't rent it out but do a short-term rental i'm supportive and commissioner antonini and i heard an opinion that the courts frown on anything that treats ellis act under different situation we're allowed to have a regulation you can't maybe a state law you can't involve in rental activities for 10 years is it statewide city attorney not a local. >> adopting i'm not familiar with that provision i believe that is state law but. >> well, there is a some time period 5 maybe it is in there this is consisted with that i don't like the incidence the son
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is held for the sins of the father if someone else was evicted and sfwournd a condo and want to do a you know short-term rental on our condo you're not allowed for a full year this is an avenue where it can cause a lot of problems we're kind of probably not that much of a disincentive i'll support this. >> commissioner wu. >> i'm happy i want to get an idea how thousands enforced does the rent board send in information how the ellis act have happened and moll the affirmative i photographic we get regular report on those units as well as we have a referral process so when we get
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questions we can contact them to get answers saw is there going back in time a ellis act revocation. >> they maintain those records. >> okay. thank you. >> commissioner richards. >> i think that whatever we come up with should be harmonious if it's 10 years let's go to commissioner hillis recommendation and commissioner moore. >> i'd like to have the city attorney use the example of a ellis act to turn them into condominium most condominiums have rules against it i'd like to look at an ellis act building someone want to come in and fix up the building and have adhere rents how does it play on short-term rentals. >> deputy city attorney i'm not
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sure whether the question was directed. >> yes. to say a condominium building an owner would be allowed to do that is no a question month condominiums have cc&rs that prohibit short-term rentals. >> whether your cc&r or lease short-term rentals the city does not regulate so we would not be involved with regulating whether someone that permitted under their internal revenue lease over and over homeland security association we look at whether they comply with our short-term rental. >> i'm interested in how ellis act evictions applies to this when we are turning them into how end rentals will 5 years not
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being able to do it apply there? >> well under current law the only situation where you could do a short-term rental if you're the permanent resident are you saying the whole this was turned into short-term rentals. >> no high-end rentals. >> there's a time limit you can't rerent the unit. >> it will be the same you can do a short-term rental. >> once the ellis act is invoked you can't rerent if for 5 years and this is consistent but the concerns about whatever the number is making it consistent with the broader requirements are available for
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the ellis act. >> that's the answer to any question thank you. >> commissioner richards. >> one quick point the ellis act it is recorded on the deed it definitely is disclosed to the boroughs it has been ellis acted. >> there's a reporting requirement but i don't know if it said restrictions or. >> i support number 2. >> okay commissioners shall i call the questions on recommendation number 2 i think we live in the resolution itself if that's okay. we'll identify which commissioners voted for and give this this particular item and at the end then for the entire resolution it will be who the commissioners agree on the
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count recommended by the individual line item. >> on item 2 for the prohibition the ellis act visitation commissioner antonini. >> no commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu commissioner president fong so moved, commissioners, that motion passes that item will be recommended 6 to one with commissioner antonini voting against. >> commissioner johnson. >> thank you for your recommendations. >> scott recommendation number 3 to allow the city to have civil procedures against the platform as defined at any time in the kim and supervisor campos ordinance. >> commissioner johnson tucson
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i forgot to press the bottom this is one where commissioner hillis my vote depended on the explanation of a later recommendation to mr. star explain the current enforcement the erupted enforcement practice given that a later recommendation voiced a clank to the administration hearing and how those are invoked and used at what point is the city snuft. >> to clarify the latter recommendation right now it requires a hamburger and the change is to make that hearing something they can request but otherwise that is a minor technical change not changing the process but maybe the adopting is a could a address this allows the city as the city
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attorney did last year for violation properties were illegal xherpd used in the ellis act and then it was reinsuring the city has the right to initiate enforcement at this time. >> adopting i think that in all those amendments with this lunge added the intent from the recommendation from our office to clarify the city can also foil lawsuits we don't have to wait for the administrative process to be completed that's the case this is clarifying language to make that crystal clear we don't need to go through the longer - >> process. >> quick question under the
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circumstances without the administrative proceeding are going through that process i'm confused. >> i'll let the zoning administrator most likely get a recommendation from the department we don't have to wait but often i assume in a situation where it is a bad actor and go after the bad actors open space and not wait for the administrative process if we have a lot of evidence chapter four 1 be violated and multiple properties in violation but 5 property that are the same
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bad actors the city attorney can enforce those on all cases. >> commissioner antonini and staff supports this i assume and feral didn't have it in his legislation. >> it's not no kim hers was a duplicative. >> the lapsing is slightly different drafted in october and i did a slightly better job of crafting it the intent that the city can institute enforcement and civil procedures at any time. >> commissioners shall and call the question on that recommendation. >> commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that
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motion passes that recommendations will go forward unanimously unanimously. >> so recommendation go number 4 is to allow private right of action for nonprofits as outlined in the kim ordinance that will allow a nonprofit it is chart to protect housing in san francisco to sorry to initiate private right of action against unit with a ellis act violation or 3 or more registering or rent control united if there's a violation thirty days but basically after a period of 90 days they can initiate the private right of action. >> commissioner antonini. >> well, i'm not supportive of
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this i think it is encourages litigation and the city should be the litigationer why do we give nonprofits a special privilege above and beyond anyone else i mean you know we should stick with a firm controls of the city has and we should be the endorseer some groups get different motivates and you're not sure you've got all those lawsuits going on that makes the process more expensive i'm migrant it. >> commissioner johnson. >> thank you very much i have a question for the question for 13 about the private right of action my question is what would on outdoor party not the city bring to the court essential they bring a private right of action before a judge what
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information to add to have a cocktails essentially i'm struggling with how private right of action supports our enforcement because they're not going to have definitely not more information than the city i struggle with how this is effective so locating the city attorney or mr. star or ann marie or mop i'll defer to the city attorney i don't know what it brings to the >> deputy city attorney to find a violation of chapter four 1 a if you foil a lawsuit it opens you up to soak discovery defines against the opposite side you can request their records have
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the court case subpoenaed such airbnb and those types of things to get records on the party those are obviously the city could a seek when we were involved in civil litigation so i don't know if there is information different than what we get it depends on what it person choose to go after. >> i'll add the enforceability capacity more people able to move growth cases forward and additionally some of the best information is from those close to the growth or the gentleman earlier who gave a great information that allowed us to pursue the illegal unit in his building so - >> i'll say generally had this is recommendation 13 i'm struggling ear a little bit early in the game if there was
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more information how do you prove that someone is violating the law i would be okay with having a private right of action to anyone if they bring it but i think it i'm not seeing how i'm going to vote but the city needs to be the one to figure out how you prove that someone is break the law and allow others to bring subsequent private rights of action for the first sort of wave i don't know how to say that that's my comment. >> commissioner hillis. >> so on this you know i'm generally supportive can you walk me through it it is kind of getting into the recommendation
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i'm at 3 unit building i live there i think the upstairs folks moved to oregon and they're representing their airbnb out more than 60 days the city is to the doing anything how does that work actually, i take them to court. >> for this recommendation first, it is only for the nonprofits so you being a. >> so on the private right of action we can get into who does it. >> you first file a complaint with the city depending on the private right of action you will wait thirty days after foiling the complaint. >> the city didn't have - >> after that thirty appeared hasz passed nothing happens so i
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accepted a notice to the city saying i'm going to institute civil proceedings against those person you have not done anything and wait another thirty days and institute it in the court. >> i was asking the court to enforce law they have residents be say this person is breaking the law and the city is taking too long. >> to answer that last part of our question it is different under the owners unfortunately, it is a little bit complicated so under supervisor jane kim's and supervisor breed ordinance it was voted on by supervisor breed that concerned the ellis act i'll go in order.
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>> the one that involves the ellis act the first one listed in supervisor jane kim's and supervisor breed ordinances that one allows an interested party to get an injunction for damages and but can't get civil penalties and the same with supervisor jane kim's an joungs but not damages and not civil penalties under supervisor campos they can sue an interested party and for his i believe any interested party not limited to nonprofit and the interested parties are you
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should have made a table hair permanent residents of the building in which the it is occurring any homeowners association any person within one hundred and photo and nonprofit organization either some place that is offering the building or hosting the building violating their conditions under the owners and be able to get injunction damages and civil penalties and the civil penalties are set at one thousand dollars a day and under supervisor farrell's only interested parties in the building living one one hundred photo of property and the homeowner association may foil a private right of action only entitled to joungs not damages and civil penalties. >> what's the planning staff
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recommending what's the recommendation. >> we think that limited private right of action for nonprofits is okay. >> for the whole thing what are the damages and a lot of this information we didn't have time to evaluate so in the supervisor campos and in the mayoral ordinance those details were not given to us so - >> okay. did you make a recommendation of the thirty days? >> on the time limit. >> imfor notice of the city attorney. >> thirty days after the complaint you can foil a civil action. >> those are different and each ordinance is different not a uniform thirty days. >> 45 dies in one and one hundred and 5 in farrell's and
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thirty days in other one so i think the museum of days probably the longer than the better to have time to do it but i am not their splitting hairs over days and commissioner richards you i think we heard from supervisor kim that is a 35-year-old precedent so probably laws of action by a nonprofit so to commissioner johnsons point this is five or six other example if you're a nonprofit start suing someone the nonprofit has a mission statement around affordable housing or whatever the specification that is common sense for me and commissioner wu i think on building what
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commissioner richards said there's a long history of sro history where people live and a lot of illegal hotel going on to stop the bad actors from shift the home rentals to hotel rentals there is some good. >> of the professional guardian i think we should do something about the veterans enforcement i'll willing to support. >> commissioner antonini. >> i disagree u disagree i've seen in my years many years the mayor's office and the city administration were foreboding money to are coming out and
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bringing people into opposed what the city's position there's probably a reason why we haven't taken and action to get someone else into the act is not a good idea there are political motivations so i'm not voting for this one. >> commissioner hillis a followup is the hotel conversion the only place this is loud im. >> it is in charter 41 a bit border an interested party may isn't a legal procedures this veto innovative the city attorney's office it is no civil perpetrates. >> your housing our pdr for officer those policies i mean it is a little bit od we're
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singling this out from the other policies to allow it that's it. >> not ellis act elsewhere but i'm familiar that chapter one it does at least relate to hours it is similar that was charter 41 and this is charter 41 a preserve the housing. >> even if you ellis act and your spoerpd rerenting it sound like we don't have that provision. >> i don't know if people can do something for the licensing given that.
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>> commissioner johnson. >> thank you very much i will say i will still i know the precedence of the trinity i'm troubled by this the cc&rs are a different circumstances that sro's i'll be supportive we're talking about adding things at the end i'll say we ask for the recommendations pursued i'm i'll be okay with the extensive right of action with damages but not civil penalties and have a longer length of time for the city to review a private right of action could be pursued this is where the department didn't make a specific recommendations i want to add it to be in support of private right of action. >> i can answer a couple of questions one is that under the
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ellis act and under our local administered chapter three 7 a tenant who is demand from the ellis act and they can bring an action for damages against the landlord and provisions under state law it if you rerent within 5 years after you've done ellis act violations you have to offer it to the tenants and there are restrictions how much rent you can acquire for it unit i wanted to circle back. >> commissioner antonini any nonprofit or specific nonprofits allowed to do that and it is a nonprofit organization that has the preservation of improvement of housing as a stated incorporation and has existed for