The San Francisco Board of Appeals recently made a controversial decision to permit the demolition of a basement apartment, setting a troubling precedent for the city’s efforts to preserve affordable rental housing. This ruling could encourage landlords and speculators to bypass city preservation policies, potentially putting rent-controlled units at risk.
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Appeals Board Decision
The San Francisco Board of Appeals voted to approve a landlord’s request to remodel a home in Potrero Hill, removing a basement apartment that had been used as rental housing. This decision challenges the city’s policy of protecting rental units from being eliminated unless replaced, even if the units were not legally permitted.
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Zoning Administrator’s High Standards
Corey Teague, the city’s zoning administrator, established a rigorous standard for proving that a unit had been rented out in the past. He argued that evidence like Rent Board files or utility bills was necessary to confirm a unit’s rental status, which presents a heavy burden on renters or tenant groups looking to protect housing.
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Unmet Documentation Standards
Despite presenting two sworn affidavits and evidence from a real estate listing, the appellants faced difficulty in meeting the city’s stringent proof requirements. The affidavits were dismissed as insufficient, and the lack of separate utility meters or addresses further complicated the case.
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Lack of Clear Planning Code Guidelines
The city’s Planning Code does not provide specific guidelines on what constitutes sufficient evidence for proving past occupancy of a rental unit. This gap allows zoning administrators to make decisions on a case-by-case basis, which can result in arbitrary rulings that disadvantage renters and neighbors.
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Board’s Dismissal of Affidavits
Board members, including Chair John Trasvina, rejected the affidavits from tenants who had lived in the basement apartment, despite the fact that these documents would typically be accepted in court. This move underscores the challenges of navigating the legal and regulatory landscape for renters seeking to protect their housing rights.
Legal Concerns and Transparency Issues
Commissioners voiced concerns about the process, with Vice-President J.R. Eppler expressing unease over the lack of clarity in cases where tenants have short-term tenancies. Critics argue that the lack of proper documentation and transparency creates opportunities for manipulation by landlords seeking to remove rent-controlled units.
Impact on Rent-Controlled Housing
This decision marks a turning point for landlords and speculators, who now have a legal framework that could allow them to demolish existing rental units without sufficient proof of prior occupancy. The ruling raises alarms that similar practices could spread, undermining the city’s rent control policies and putting affordable housing at risk.
