Daly Madness: Ordinance to place two-unit buildings into condo conversion lottery

If you haven’t noticed we’re just spitting out the SFAR Advantage online as it keeps getting better the further towards the bottom we read. Just when you think it is over, Daly strikes again.

Daly Introduces Ordinance Placing Two-Unit Buildings in Condominium Conversion Lottery

Supervisor Chris Daly introduced a proposed ordinance that would place two-unit buildings in the condominium lottery and exempt two-unit buildings that are owner occupied as of August 1, 2008. The full text of the proposed ordinance appears below.

Under city law, ordinances must undergo a 30-day waiting period before they may be heard in committee. This is to allow interested parties an opportunity to study ordinances and take positions on them; so the first hearing on Supervisor Daly’s proposed ordinance will not occur until early July, at the earliest.

ARTICLE 7

SEC. 1359. PARCEL MAP.

(a) The requirements of Subsection (c) of Section 1356 of this Code shall apply to Parcel Maps.

(b) The Parcel Map shall conform to the requirements of Chapter 2, Article 3 of SMA and to the Subdivision Regulations regarding detailed format and contents.

(c) In the case of Conversions where a Tentative Map is not required, the requirements of Section 1314 and the requirements of Article 9 on Conversions shall apply, provided that hearings as provided in Sections 1313 and 1332 shall not be required, and the 10-percent low and moderate income occupancy as provided in Section 1341 shall not be required, and provided further that Article 9 shall not be applied to two-unit buildings only where both units are owner-occupied for one year as of August 1, 2008 and where both units remain owner occupied by the same owner occupants as on August 1, 2008 up until prior to the application for Conversion. The Director of Planning, however, shall make the determination pursuant to Section 1385 concerning preservation of low and moderate income housing.

(d) In addition to the requirements of Subsection (c), the owners of record of a two-unit building conversion that qualify for the exemption from Article 9 must certify under penalty of perjury and the Department must verify with the Rent Stabilization and Arbitration Board, and with the Human Rights Commission as applicable, that since November 16, 2004, no eviction as defined in San Francisco Administrative Code Section 37.9(a)(8)– (14) of a senior, disabled person, or catastrophically ill tenant as defined below has occurred, or if an eviction has taken place under Administrative Code Section 37.9(a)(11) or (14), that the original tenant reoccupied the unit after a temporary eviction. For purposes of this Subsection a “senior” shall be a person who is 60 years or older and has been residing in the unit for 10 years or more at the time of the lottery; a “disabled” tenant is defined for purposes of this Subsection as a person who is disabled within the meaning of! Title 42 U.S.C. Section 12102(2)(A); and a “catastrophically ill” tenant is defined for purposes of this Subsection as a person who is disabled as defined above, and who is suffering from a life threatening illness as certified by his or her primary care physician.

(e) If the owners of record cannot satisfy the requirements of Subsection (d), then the owners of record shall comply with Article 9, including its Section 1396.1(g)(3), prior to submitting an application for Conversion.

(f) If the Department determines that an applicant has knowingly provided false material information under Subsection (d) above, the Department shall immediately deny the application, or if the applicant has submitted an application for conversion, shall immediately deny the application for conversion. Moreover, the Department, the Director, or other authorized person or entity may also enforce the provisions of this Subsection under Section 1304 or any other applicable provision of law as warranted.

All of this legislation and proposals and ways to cut property owners’ legs off makes our heads spin!

3 thoughts on “Daly Madness: Ordinance to place two-unit buildings into condo conversion lottery”

  1. I meant to post this here — He can sleep at night cuz he gets so tired reading all the papers with his frickin name in it. He’s in government for 1 reason – to see his name in writing — the worst of the worst! (Editor – sorry for the same post in two spaces – but I can’t get enough of bashing this ass!)

    Chris Daly is responsible for the declining number of families living in San Francisco and the quickly vanishing middle class. He has one interest – that’s in publicizing Chris Daly. He doesn’t speak for the citizens of San Francisco – not his own constituents or the average person in this city. Government for the people, by the people my ass! He’s a press hound and an embarrassment to our cities government.

    This is a man who when questioned in an open forum, screamed, cursed and stormed out of a Bd of Supervisor Meeting. In essence – “give me my ball, I don’t like the way you are playing, I’m going home.” He wastes my time and tax money chasing Gavin Newsome around and smearing drug abuse allegations as opposed to trying to make this a better city.

    News flash – preventing 2 unit buildings from skipping the condo lottery – this will effect FIRST TIME home buyers — and who are they — young people – young couples who want to make a life in this city. So take away that option and you know what you get — RENTERS who get married, have kids and then move out of the city as they are priced out. The 2 unit building gives these young people and couples the opportunity to build equity, condo convert and buy up. It’s called capitalism and it’s been around in this country for a few hundred years.

    Thankfully Mr Daly will term out shortly – not soon enough – but we won’t have to deal with another election in which he’s on the ballot. I’ve e-mailed his pedantic, egomanical ass on several occasions — it’s rather fun to give him a hard time and hear his side of the story. He’s still bitter about being evicted from a Potrero Hill rental 10 years ago. Funny thing — my wife and I were evicted from an apartment in Potrero Hill 10 years ago – the owner was in the process of condo converting. While we were bummed we had to leave our great garden apartment, we recognized that this man was trying to fulfill his American dream and we happily moved on to our next rental property.

    Chris.Daly@SFGov.org – ask Chris to leave now and save us the countless headches!

  2. I am closing on a vacated 2 unit TIC building with a friend of mine TOMORROW!! I just found out about this potential legislation yesterday, just read your blog, and am freaked out!!

    I am 26 years old and am putting my entire savings up for this duplex and felt comfortable with the thought of being able to convert to condos within just one year. We found the perfect place: 2 unit, vacant, no evictions since 04 and we were planning on living in each unit for well over a year. We read all kinds of articles on conversion bypass to confirm our situation applied before making the decision to move forward… and now this?

    Please let me know any news you hear and if there is anything at all we can do to stop this.

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