San Francisco, Two Thousand, One Thousand discussed on San Francisco Real Estate: Escrow Out Loud
So what are you advising clients other than to hire you. First of all statistically as a february twenty twenty the city but geneticist stated that there were between two thousand twenty seven hundred housing units in the city being used for ilo. So if you soon that be correct the approval of a thousand will basically konin half or more the existing number of Of of rentals three days to a year that exist today as for what. I'm advising clients. I'm compelled by the ethical rules of the state bar to advise clients to follow the law and not to avoid the law. And that is my advice. But i will tell you that a lot of my clients perhaps majority may may choose not to registered and may continue on Because the limit of one thousand is problematic because one can get caught up in in the bureaucracy if the number of units is approaching one thousand. The thousand cap is not well will will Well known at the moment You know there could be a lot of problems. Also there's a big concern. Some of us have about having roommates and having relatives. What does the say about whether or not you can rent short term to a relative while. You're there or to france in a lot of roommates situations. A lot of my clients will wonder about that. And all i can tell them is that it's a little bit unknown. Because the ordinance prohibits quote non ten uses. Which is quote win. A landlord is allowing the unit to be occupied by a person or entity who is not a tenant unquote and there were ten is defined in our rent ordinance to given the broad definition of rental units in our rent ordinance this would appear to disallow us of a dwelling by property owners family member or roommates in less the unit was registered as an aloe now. Did the board of supervisors in ten that. I rather doubt it. But the way they've written the law. When can never be sure. And i think i would be getting calls on that subject matter. I think the the example you just gave there is a very good real world example of where high-level city housing policy about making housing available for long term residents Intersex and comes right up against the traditional argument of as a private property owner. This is my private property. I have a bundle of rights that go with a a new cannot take those rights away unnecessarily or unreasonably which means anytime we have a housing law in san francisco. We have the result of a lawsuit about policy versus property owner rights. Do you see this headed for litigation will matt. I think it's a lie. ends up. been litigation really depends on whether the largest housing trade associations in the city find this to be a great problem for their members. There's a small property owners of san francisco. There's the coalition for better housing representing large apartment building owners and The san francisco apartment association there are about two thousand two twenty seven hundred Aloes the city. They're not called Been around forever. Question is are. Are those hours active in those trade associations. How active are they do. They represent a lot of the members of those associations. I don't know. But if any of those associations find their a large portion of their membership affected they have every incentive to try to court to overturn this. I don't know whether the court will overturn it. I can tell you. There's a lot of uncertainty and lack of definitions in the ordinance that perhaps only a court ornamental. The law can correct such as whether your roommates who ran for thirty two to thirty days to twelve months or your family members Cause you to be in violation of law As for whether or not the log. Self violates the bundle of property rights that are constitutionally protected. I think it'll take further analysis by litigation attorneys to determine that But this is another example of how the board of supervisors goes far in trying to regulate the market and sometimes a misses the mark over oversteps Increase laws it. Hard to enforce. I think that this is one of the most complex laws that relate real estate in the city along with cuba in rent control. Laws and their interaction will be the subject governor. Great deal of discussion among us real estate attorneys next years so That's the best. I can answer your question. Yeah no that's a great answer and a two probably unfair question so the property owner. What's kind of the most important takeaway. That i should take away from listening to those or. Are there any really important points about this. That i haven't asked you about yet that you wanted to mention. You haven't asked about what areas the city are considered areas of rapid gentrification from which these eiloz will be discourage If you want me to list a few i can do that. i think we talked about how of a there'll be a problem in determining when the magic number one thousand Magic number one thousand eiloz in existence is raised.