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SR-02-11-2014-13BFebruary 11, 2014 CITY CLERK'S OFFICE - MEMORANDUM To: Mayor and City Council From: Councilmember McKeown Date: February 11, 2014 13 -B: Request of Council member McKeown that the Council authorize staff and our Sacramento lobbyist to urge that Santa Monica be able to opt -in to potential Ellis Act reform. WE February 11, 2014 S.F. politicians: Restrict Ellis Act evictions - SFGate S.F. politicians: Restrict Ellis Act evictions John Cote and Marisa Lagos Updated 10:13 am, Thursday, November 14, 2013 Page 1 of 3 Responding to the recent spike in evictions of longtime residents, officials from across San Fro legislation to amend the Ellis Act, the state law that allows tenants to be evicted if the landlord Initial details of their plans emerged Wednesday and so far run on two parallel tracks, one beii by Supervisor David Campos, who is seeking an outright moratorium on Ellis Act evictions in Lee's staff said the idea is to make Ellis Act evictions so expensive for property owners that the Options include requiring additional permits or hearings or placing limits on the sale and resa Campos is drafting legislation that would make it much more difficult - and less attractive - fol buyout, in part by preventing the property owner from charging market rate in the future. He is also working on a proposal that would substantially raise the relocation payments owner The current payment in an Ellis Act eviction in San Francisco is about $5,200 per person. State Sen. Mark Lean, D -San Francisco, who has both succeeded and failed at separate attemp Sacramento, said he is working with Lee on a bill that would probably focus on giving local mr Ellis Act evictions skyrocket, as they have in San Francisco. Attractive to legislators Leno said that sort of municipal control could make what's sure to be a controversial proposal the state. "I can tell you - other parts of the state are not experiencing the kind of abuse we are, so that h focus on something specific for any city that reaches a threshold of Ellis Act evictions, as we at more about local control, recognizing that one size may not fit all." It's not the first time Leno has attempted to tackle the decades -old Ellis Act: After successfully from the Ellis Act in 2003, Leno failed two years ago to enact restrictions on how long a landlc invoke the Ellis Act. http: / /www. sfgate.comlbayarealarticle /S -F- politicians- Restrict - Ellis- Act - evictions- 4981974.... 2/6/2014 S.F. politicians: Restrict Ellis Act evictions - SFGate Page 2 of 3 Lee said he and Leno will try to get consensus among legislators, tenant advocates, business gi specifics of any proposal. Their ideas aren't advanced enough to set out a specific plan. "To truly curb and prevent these speculative evictions, we need to seek a change or exemption was a tenant lawyer fighting evictions for low- income immigrant residents. His recent focus of city's tech boom has driven up home prices, to blame the mayor, as well. Supervisor David Chin, who recently introduced local legislation to give San Franciscans evich subsidized housing, is also part of the mayor's effort, as is Assemblyman Phil Ting, D -San Frar "San Francisco has an affordability crisis in housing," Ting said in a statement. "We need to br access to housing and displacement from housing. Every issue must be on the table, including housing development." Tracking evictions Campos, who is more specific about what he wants to accomplish, is looking to change the wa} Currently, many landlords offer tenants cash to leave without going through an Ellis Act evicti which allow the landlord to rent or convert the unit without restrictions. Campos' proposal would require the city to track buyouts and place them under the category o the landlord from charging market rate to new tenants. The supervisor welcomed Lee's involvement but said he was working with Assemblyman Tom to allow jurisdictions such as San Francisco to declare a state of emergency and a moratorium As San Francisco's economy has surged, its housing prices have soared, and the Ellis Act gives up buildings, evict longtime tenants who are paying below- market rent, and then convert the 1 The result is no net gain in housing for a city whose rents are among the highest in the countr} income tenants in favor of more well - heeled residents, say city officials, many of whom descril Surge in evictions In the past three years, the number of Ellis Act evictions in San Francisco has jumped 170 per( March 2012 to February 2013, the most recent figures available in a recent city audit. It's far b at the height of the dot -com bubble, but officials see the recent surge as alarming. The human costs came into sharp focus last month when an elderly couple who lived with thei in a two- bedroom apartment at the base of Nob Hill were evicted under the Ellis Act. The Ellis Act was passed in 1985 and has withstood numerous legal and legislative challenges. Any new proposal is likely to face opposition from powerful real estate interests at the state Ca http:// www .sfgate.comlbayarealarticle /S -F- politicians - Restrict - Ellis- Act - evictions- 4981974.... 2/6/2014 S.F. politicians: Restrict Ellis Act evictions - SFGate Page 3 of 3 "That remains to be seen," Campos said. "But I think we have a strong case to allow jurisdictio and create their own rules. It's about local control, and localities like San Francisco dealing wii people on board, a united front, is important." The Ellis Act What it is: Enacted in 1985, the state law allows landlords to evict tenants if the property is t; to evict tenants so the property can be sold. In San Francisco: If the property is returned to the rental market within five years, it must 1 rent must be the same as at the time of the eviction. John Cote and Marisa Lagos are San Francisco Chronicle staff writers. E -mail: jcote@sfchrc Twitter: @johnwcote, @mlagos © 2014 Hearst Communications, Inc. M A 6r W")Vpfrs http: / /www.sfgate.comlbayarea /article /S -F- politicians- Restrict - Ellis- Act - evictions - 4981974.... 2/6/2014