Despite efforts to protect S.F. tenants, housing crisis persists

San Francisco's elected officials have attempted to tackle the housing crisis with gusto since 2013, passing laws that govern condo conversions, the merging of units, the legality of in-laws, tenant harassment and Ellis Act evictions.

Whether these laws are having or stand to have wide-ranging impacts remains to be seen, most observers agreed.

Sara Shortt, executive director of the Housing Rights Committee, which represents tenants, said that she doesn't think most of the laws have been around long enough to make a big difference but that some proposals have the potential for larger ripple effects.

She cited the "antispeculation tax," which would impose a graduated levy on smaller, rent-controlled, multiunit buildings, starting at 24 percent of the selling price if a building is sold within a year of purchase, falling to zero at the sixth year. Shortt believes the measure could severely curb real estate speculation by making it virtually impossible to turn a profit by flipping those properties quickly.

A proposal to regulate tenant buyouts by requiring that they be registered with the city could also change the game, she said, because it would "help us understand the scope of the problem in a way not seen now."

While some other laws, such as giving low-income tenants evicted under the Ellis Act priority in city housing, "will make a huge difference for the handful of families," Shortt said she and other tenants advocates hope policies such as the tax proposal will change market behavior by making it less financially attractive to boot tenants out.

Plans expected to be tossed

Landlords believe most of these proposals will be thrown out in court, however, leaving the real estate market untouched.

Janan New, executive director of the San Francisco Apartment Association - which represents property owners - said city leaders are simply vilifying landlords for political reasons and haven't made a real attempt to solve bigger issues including the shortage of housing stock and a lack of enforcement against short-term rental businesses, such as Airbnb, which she believes are taking far more units off the rental market than Ellis Act evictions.

"Everything they are doing is illegal," she said. "They are playing in the margins, and we are bombing back - it's just we are doing it in court while they are doing it in the legislative arena. But is it productive?"

City officials say their attempts are having an impact but agree that without constructing significantly more affordable housing - something they have increasingly focused on - and changes to the state Ellis Act, the problems will persist.

San Francisco Democratic state Sen. Mark Leno tried, and failed, this year to pass a state law that would have prevented Ellis Act evictions within five years of a building's purchase.

"The fundamental problem is a state law issue," said Supervisor David Campos, who was behind the city law that dramatically increased relocation payments to tenants evicted under the Ellis Act.

Campos is running against Supervisor David Chiu for a state Assembly seat and, not surprisingly, both have made the issue a main focus of their campaigns.

Preserving housing stock

Chiu has focused more on preserving the housing stock, such as with a 2013 law that allowed tenancy-in-common property owners already on a waiting list to convert their shared buildings into condominiums - but then placed a 10-year moratorium on future conversions. He also wrote a law that allows property owners to legalize existing in-law units.

Chiu said he is also working on a proposal to give tenants first crack at buying their building if it's put up for sale.

S.F. supervisors seeking remedies to rental shortage Legislation from the Board of Supervisors affecting San Francisco housing: John Avalos Nonconforming units -- Status: Approved in 2014, being challenged in lawsuit. -- Allows property owners to upgrade or alter an estimated 52,000 existing units that are legal but don't conform to zoning density laws unless there has been an eviction in the past 10 years. Residential mergers, demolition and conversions -- Status: Approved in 2014. -- Discourages landlords from taking rental units off the market by making it more difficult to merge multiple units into a single-family home, convert housing property to commercial or other use, or demolish a rental. Bars property owners from merging, converting or demolishing a unit for 10 years after most evictions. David Campos Relocation assistance increase -- Status: Approved in 2014, being challenged in two separate lawsuits. -- Requires landlords who evict under the state Ellis Act to pay the difference between the current rent and what a tenant will have to pay for a similar apartment for two years. Buyout registration -- Status: Introduced in July. -- Would require landlords to give tenants information about their legal rights 45 days before they can begin negotiating a buyout. Requires registration of buyout details with the city's Rent Board. Prohibits a unit from being converted to a condominium for 10 years after the buyout of a disabled or senior tenant or in any building where multiple buyouts occurred. Tenant harassment -- Status: Approved in 2013. -- Lets tenants ask for a Rent Board hearing if they think they are being harassed. David Chiu Condo conversion law -- Status: Approved in 2013. -- Allows about 2,200 tenancy-in-common unit owners already on a waiting list to convert their TICs to condos if they pay a $20,000 conversion fee, money put toward affordable housing. Prohibits any more conversions until 2024. Priority in city housing -- Status: Approved in 2013. -- Gives priority for publicly funded housing to tenants who are evicted under the Ellis Act and have lived in their rental for at least 10 years, five if they are disabled. Citywide in-law legalization -- Status: Approved in 2014. -- Lets property owners voluntarily apply to legalize in-law units built before Jan. 1, 2013. Regulation of short-term vacation rentals -- Status: Introduced in April. -- Would allow tourist rentals in private homes while requiring a city-run registry, collection of hotel taxes and limitations on rental frequency. Scott Wiener District Eight in-law -- Status: Approved in 2014. -- Lets homeowners add one or two units within existing residential buildings in the Castro. Eric Mar Transfer tax

-- Status: On November ballot.