OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Land Use and Transportation Committee Regular Meeting – July 17, 2023

Land Use and Transportation CommitteeMonday, July 17, 2023
BodySan Francisco, California
SessionLand Use and Transportation Committee
DateMonday, July 17, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:01

You are unmuted.

0:09

Okay, good afternoon, everyone.

0:10

This meeting will come to order.

0:12

Welcome to the July 17th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors.

0:20

I am Supervisor Mirna Melgar, Chair of the Committee, joined by Vice Chair, Supervisor Dean Preston, and Board of Supervisors, President Aaron Paskin.

0:29

The committee clerk today is Erica Major.

0:32

I would also like to acknowledge Kalina Mendoza and Sue Enos at SFGov TV for staffing this meeting.

0:39

Madam Clerk, do you have any announcements?

0:41

Yes, the Board of Supervisors and its committees are now convening hybrid meetings that allow in-person attendance and public comment while still providing remote access and public comment via telephone.

0:51

Public comment will be taken on each item on this agenda.

0:54

Those attending in person will be allowed to speak first, and then we will move on to a remote call in line.

0:59

When connected, you will hear the meeting discussions, but you will be muted and listening mode only.

1:04

When your item of interest comes up and public comment is called, those joining us in person should line up to their right near the curtains, and those joining us remotely should press star three to be added to the queue.

1:14

Please remember, if you're on your telephone to turn down your television and radio or all listening devices you may be using.

1:21

You may submit written comment to me in two of the following ways.

1:26

You can email me, the land use and transportation clerk.

1:29

My email address is ERICA.mAJOR at SFGOV.org.

1:36

And you may also submit your written comments via U.S.

1:39

Postal Service to City Hall at 1 Dr.

1:42

Carlton B.

1:42

Goodlit Place, room 244, San Francisco, California, 94102.

1:47

Finally, items acted upon today are expected to be heard on the July 25th Board of Supervisors agenda unless otherwise stated.

1:56

Madam Chair.

1:57

Thank you so much, Madam Clerk.

1:58

Please call the first item.

2:00

Item number one is an ordinance amending the administrative code to provide that tenant occupied units and buildings that will be receiving either low-income housing tax credits or tax exempt multifamily revenue bonds shall remain subject to the rent ordinance as long as any of the existing tenants continue to reside in the unit, or unless all the tenants in the unit agree otherwise in writing.

2:22

And for any such units that may have previously become exempt from the rent ordinance since 2018, restoring rents to the levels allowed that the rent ordinance continuously applied.

2:34

Those joining us remotely, your now is your time to press star three to be added to the speaker line.

2:38

Madam Chair.

2:39

Thank you so much.

2:40

Madam Clerk, uh Supervisor Preston, thank you for introducing this legislation.

2:44

The floor is yours.

2:45

Thank you, Chair Melgar, and thank you for calendaring this for today and getting this on a busy agenda.

2:52

Um the ordinance before us today seeks to close a loophole in our city's rent control policy and to make sure that residents are not unfairly deprived of rent control protections under Chapter 37 of the administrative code.

3:08

This loophole was brought to our attention by residents of uh Frederick Douglass Haynes Garden Apartments, F.

3:14

D.

3:14

Haynes, a 104-unit affordable housing complex in the heart of the Western edition.

3:20

Um D.

3:21

Haynes was built in 1972 with financing secured from HUD.

3:26

In 2014, the HUD mortgage was paid in full, and the former landlord entered into Section 8 contracts with HUD for 84 of the 104 units.

3:38

The remainder 20 units were not under Section 8 agreements, and without any government subsidy, these units uh became subject at that time to the rent ordinance and to rent control.

3:50

In 2019, uh the ownership applied for and received multifamily housing loans in order to finance repairs on the property, and as a result, the rent board subsequently determined that these remaining 20 units that had rent control lost their protections under the rent ordinance.

4:11

Um as a result, some of the families uh at FD Haynes saw astronomical rent hikes and continue to see astronomical rent increases.

4:21

One family uh has lived at FD Haynes since 1977, saw their rent jump last July from 1,408 dollars to $1,921 a month.

4:33

Uh, the first annual increase on July 1 of this year, the rent jumped again, an additional $513 just for this year, and there are projected further increases of a similar order of magnitude of about $500 a year, such to such an extent that by 2026, their three-bedroom apartment will cost $3,973 per month in this affordable housing complex, uh, a 182% increase in monthly rent over the course of five years.

5:11

Simply put, these rent hikes at FD Haynes are completely unacceptable.

5:17

No one should have their rent control ripped away without having any say in the process, especially long-term African American residents of my district.

5:37

Under this proposal, in the event a property owner gets multifamily tax exempt revenue bonds to finance repairs.

5:52

For FD Haynes residents, if passed, the legislation would restore their rent control protections and revert their monthly payments to the previous amounts plus allowable annual increase increases that would have been allowed under the rent ordinance.

6:06

The legislation builds off previous efforts that I was involved in nearly it's almost 20 years ago now with uh now president, then supervisor, I believe then supervisor, although it may have been then president as well, uh, Peskin.

6:22

Um, when I was a tenant attorney at the time at the Tenderloin Housing Clinic, and we had learned of a situation uh like this where long-term tenants, in that case on Post Street, were facing massive rent hikes after a developer had received uh state tax credits to finance repairs for affordable housing.

6:41

Uh Supervisor Peskin at that time wrote and passed legislation clarifying that residents don't lose their rent control protection simply by their landlord getting tax credit financing.

6:54

So, what the legislation that's before us today does is it builds on that effort by adding uh multifamily revenue bonds to the categories of public financing that does not result in loss of rent control protections.

7:08

It's narrowly tailored.

7:10

Uh this ordinance came about because of the situation at FD Haynes, but also prevents this kind of practice going forward.

7:18

Um, and in order to make sure this legislation is not over broad and doesn't have any unintended consequences, I will be offering a non-substantive amendment uh as recommended by uh Mayor's Office of Housing uh Council and our city attorney's office and after consultation uh with affordable housing advocates and that change is um on page two line 16 uh there's a reference to IRS code section 103.

7:47

I'm advised this is a code section that deals broadly with bond financing and then a more specific code section 142 uh parentheses D deals specifically with multifamily revenue bonds.

8:01

So I'd like to move to uh strike both references to Section 103 and replace those with Section 142D.

8:11

Um I would also before those amendments are taken, uh, like to duplicate the file.

8:17

Um and let me just close by saying this in a city with uh over $14 billion budget in the midst of having I think a necessary and very productive conversation about reparations uh to the black community.

Discussion Breakdown — Share of Meeting
Public Comment████████████████████20%
Housing█████████████████17%
Land Use████████████████16%
Procedural████████████12%
Rent Stabilization██████████10%
Affordable Housing██████████10%
Historic Preservation██████6%
Building Inspection███3%
Downtown Revitalization███3%
Summary of Proceedings

Land Use and Transportation Committee Regular Meeting – July 17, 2023

Chair Supervisor Mirna Melgar called the meeting to order at 9:45 AM, joined by Vice Chair Dean Preston and President Aaron Peskin. The committee considered six agenda items, including amendments to existing legislation and new proposals. Several items were continued from prior meetings. The meeting included extensive public comment, particularly on rent control protections and a proposed family housing special use district.

Item 1: Rent Control Protections for Subsidized Housing (File 230770)

Supervisor Preston introduced an ordinance closing a loophole that allowed certain units receiving multifamily revenue bonds to lose rent control protections. He highlighted the case of Frederick Douglass Haynes Garden Apartments, where long-term tenants face rent increases of $500+ per year. One tenant reported rent jumping from $1,408 to $1,921 in July 2023, with projected increases to $3,973 by 2026 – a 182% rise. He offered a non-substantive amendment (replacing IRS Section 103 with Section 142D). Public comment: several tenants (Stephanie Brandon, Gabriel Tacle, Henry Anderson, Leroy Beagley, Patricia Beasley, Michael Mahari) and organizers (Maria Samudio of Housing Rights Committee) expressed urgent support, detailing displacement fears. One caller (David Pilpel) suggested a technical amendment. The committee unanimously (3-0) approved the amendment, then voted to send the file to the full Board with a positive recommendation. A duplicate file was continued to the call of the chair.

Item 2: Parkside Branch Library Landmark Designation (File 230690)

Planning Department staff presented the proposal to designate the library (built 1951) as a historic landmark, citing architectural and cultural significance. The Historic Preservation Commission had unanimously recommended designation. Public comment: one caller (David Pilpel) spoke in support. The committee unanimously (3-0) voted to send the item to the full Board with a positive recommendation.

Item 3: Commercial to Residential Adaptive Reuse and Downtown Revitalization (File 230732)

President Peskin presented trailing amendments previously reviewed in committee, including raising the threshold for commercial-to-residential ratios from 15,000 to 20,000 square feet. He proposed deleting two lines in Planning Code sections. Public comment: one caller expressed general support. The committee unanimously (3-0) approved the amendments and voted to send the item to the full Board with a positive recommendation, adding Supervisor Safai as co-sponsor.

Item 4: Awning Amnesty Program (File 230745)

President Peskin described two remaining substantive amendments (changing the definition of existing signs and removing a five-year lookback for business signs) that had been previously debated. No public comment. The committee unanimously (3-0) voted to send the item to the full Board with a positive recommendation.

Item 5: Streamlining Site Permit Review (File 230374)

Supervisor Safai explained that the legislation codifies existing practices into a simplified one- or two-page checklist. Public comment: George Shudish requested adding explicit demolition calculation requirements. Jake Price of Housing Action Coalition reiterated support. The committee unanimously (3-0) voted to send the item to the full Board with a positive recommendation.

Item 6: Family Housing Opportunity Special Use District (File 230026)

Chair Melgar introduced the ordinance to allow up to four units or one unit per 1,000 square feet in single-family zones, exempting certain height, open space, and rear yard requirements. She offered several amendments (neighborhood notification pre-application meeting, clerical fixes, rent control consolidation). Supervisor Mandelman's staff proposed amendments to retain existing special use district protections (e.g., anti-monster home rules). President Peskin read a list of additional amendments (not yet approved as to form), including longer lookback periods for multi-unit buildings, restrictions on demolishing rent-controlled units, and limits on short-term rentals. Supervisor Preston raised concerns about impacts on Haight-Ashbury and North of Panhandle neighborhoods and suggested banning short-term rentals. Public comment: many speakers opposed the ordinance, citing potential demolition of rent-controlled housing, displacement, and lack of affordability. Supporters (e.g., Jake Price) appreciated the neighborhood notification addition. The committee unanimously (3-0) voted to adopt the amendments from Chair Melgar and Supervisor Mandelman, then continued the item to the following week for further amendment integration.

Key Outcomes

  • Item 1 (Rent control): Passed to full board (3-0), duplicate continued.
  • Item 2 (Library landmark): Passed to full board (3-0).
  • Item 3 (Adaptive reuse): Passed to full board (3-0) with amendments.
  • Item 4 (Awning amnesty): Passed to full board (3-0).
  • Item 5 (Site permit review): Passed to full board (3-0).
  • Item 6 (Family housing SUD): Amendments approved, item continued to next meeting.

The meeting adjourned at approximately 12:00 PM.

Meeting Transcript

You are unmuted. Okay, good afternoon, everyone. This meeting will come to order. Welcome to the July 17th, 2023 regular meeting of the Land Use and Transportation Committee of the San Francisco Board of Supervisors. I am Supervisor Mirna Melgar, Chair of the Committee, joined by Vice Chair, Supervisor Dean Preston, and Board of Supervisors, President Aaron Paskin. The committee clerk today is Erica Major. I would also like to acknowledge Kalina Mendoza and Sue Enos at SFGov TV for staffing this meeting. Madam Clerk, do you have any announcements? Yes, the Board of Supervisors and its committees are now convening hybrid meetings that allow in-person attendance and public comment while still providing remote access and public comment via telephone. Public comment will be taken on each item on this agenda. Those attending in person will be allowed to speak first, and then we will move on to a remote call in line. When connected, you will hear the meeting discussions, but you will be muted and listening mode only. When your item of interest comes up and public comment is called, those joining us in person should line up to their right near the curtains, and those joining us remotely should press star three to be added to the queue. Please remember, if you're on your telephone to turn down your television and radio or all listening devices you may be using. You may submit written comment to me in two of the following ways. You can email me, the land use and transportation clerk. My email address is ERICA.mAJOR at SFGOV.org. And you may also submit your written comments via U.S. Postal Service to City Hall at 1 Dr. Carlton B. Goodlit Place, room 244, San Francisco, California, 94102. Finally, items acted upon today are expected to be heard on the July 25th Board of Supervisors agenda unless otherwise stated. Madam Chair. Thank you so much, Madam Clerk. Please call the first item. Item number one is an ordinance amending the administrative code to provide that tenant occupied units and buildings that will be receiving either low-income housing tax credits or tax exempt multifamily revenue bonds shall remain subject to the rent ordinance as long as any of the existing tenants continue to reside in the unit, or unless all the tenants in the unit agree otherwise in writing. And for any such units that may have previously become exempt from the rent ordinance since 2018, restoring rents to the levels allowed that the rent ordinance continuously applied. Those joining us remotely, your now is your time to press star three to be added to the speaker line. Madam Chair. Thank you so much. Madam Clerk, uh Supervisor Preston, thank you for introducing this legislation. The floor is yours. Thank you, Chair Melgar, and thank you for calendaring this for today and getting this on a busy agenda. Um the ordinance before us today seeks to close a loophole in our city's rent control policy and to make sure that residents are not unfairly deprived of rent control protections under Chapter 37 of the administrative code. This loophole was brought to our attention by residents of uh Frederick Douglass Haynes Garden Apartments, F. D. Haynes, a 104-unit affordable housing complex in the heart of the Western edition. Um D. Haynes was built in 1972 with financing secured from HUD. In 2014, the HUD mortgage was paid in full, and the former landlord entered into Section 8 contracts with HUD for 84 of the 104 units. The remainder 20 units were not under Section 8 agreements, and without any government subsidy, these units uh became subject at that time to the rent ordinance and to rent control. In 2019, uh the ownership applied for and received multifamily housing loans in order to finance repairs on the property, and as a result, the rent board subsequently determined that these remaining 20 units that had rent control lost their protections under the rent ordinance. Um as a result, some of the families uh at FD Haynes saw astronomical rent hikes and continue to see astronomical rent increases. One family uh has lived at FD Haynes since 1977, saw their rent jump last July from 1,408 dollars to $1,921 a month. Uh, the first annual increase on July 1 of this year, the rent jumped again, an additional $513 just for this year, and there are projected further increases of a similar order of magnitude of about $500 a year, such to such an extent that by 2026, their three-bedroom apartment will cost $3,973 per month in this affordable housing complex, uh, a 182% increase in monthly rent over the course of five years. Simply put, these rent hikes at FD Haynes are completely unacceptable. No one should have their rent control ripped away without having any say in the process, especially long-term African American residents of my district. Under this proposal, in the event a property owner gets multifamily tax exempt revenue bonds to finance repairs. For FD Haynes residents, if passed, the legislation would restore their rent control protections and revert their monthly payments to the previous amounts plus allowable annual increase increases that would have been allowed under the rent ordinance. The legislation builds off previous efforts that I was involved in nearly it's almost 20 years ago now with uh now president, then supervisor, I believe then supervisor, although it may have been then president as well, uh, Peskin.

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