Posts Tagged ‘Small Property Owners of San Francisco’

Uh Oh, Now There’s ANOTHER Lawsuit Against the City: Small Property Owners vs. the “Nonconforming Unit Ordinance”

Wednesday, January 29th, 2014

Man, San Francisco sure seems to be getting sued a lot by property owners a lot these days.

Get used to it, 2014′s going to be a bumpy ride.

To wit:

“January 29, 2014 

SMALL PROPERTY OWNERS OF SAN FRANCISCO FILE LAWSUIT TO BLOCK LAW

New Ordinance Would Discriminate Against Families Who Move Into Their Own Buildings 

SAN FRANCISCO, Tuesday, January 28, 2014 – Today, the Small Property Owners of San Francisco Institute filed a lawsuit challenging Supervisor John Avalos’ Nonconforming Unit Ordinance on the grounds that the ordinance violates state law and fails to comply with the California Environmental Quality Act (CEQA).

The Nonconforming Unit Ordinance would legalize the practice of renovating and expanding “nonconforming units.” Nonconforming units are “grandfathered” residential units that exceed local zoning laws’ density limits. Controversially, the ordinance would also discriminate against nonconforming units that have been the subject of lawful “no-fault” evictions, which are allowed under state and local law. Such units would be denied building permits for up to 10 years following a lawful eviction – even for regular maintenance and minor repairs. Property owners would also be barred from rebuilding their units after a fire or earthquake.

“This legislation punishes families who move into their own buildings,” stated Noni Richen, president of the Small Property Owners of San Francisco Institute (SPOSFI). “It could cause thousands of lawful housing units to sit vacant while the City denies permits for basic upkeep. Given the current housing shortage, this is unconscionable.”

“As we have shown again and again, we will not allow the City to violate property rights with these illegal schemes,” stated Andrew M. Zacks, SPOSFI’s attorney. “The state’s Ellis Act prohibits this kind of discrimination against lawful evictions. Moreover, cities are required to evaluate a new ordinance’s environmental impacts under CEQA. This legislation was rushed through without proper review.”

Nonconforming units are different from “in-law” units, which are generally unpermitted and illegal. For example, a permitted third unit on a parcel zoned for two units is considered a nonconforming unit. The City Planning Department’s Information and Analysis Group estimates that approximately 52,000 units in the city are nonconforming, comprising some 14% of the city’s housing stock.

A copy of the Nonconforming Unit Ordinance is available at http://zulpc.com/small-property-owners-file-suit-to-block-discriminatory-law/.

The Small Property Owners of San Francisco Institute (“SPOSFI”) is a California nonprofit corporation. SPOSFI advocates for the Small Property Owners of San Francisco, a nonprofit organization that works to promote and preserve home ownership in San Francisco. Its focus is to protect the rights of small property owners and foster opportunities for first-time home buyers. SPOSFI members range from young families to the elderly on fixed incomes, and its membership cuts across all racial, ethnic, and socio-economic strata. Its members include San Francisco residents who own nonconforming residential units in San Francisco.

Zacks & Freedman, P.C. is a law firm dedicated to advocating for the rights of property owners. With experience and knowledge in rent control issues, zoning, permitting, transactional disputes and other real estate matters, Zacks & Freedman, P.C. has successfully advocated its clients’ positions before local administrative tribunals and at all levels of the State and Federal courts.

D2 Update: Mark Farrell Declares Victory Over Janet Reilly – Will Meet With Michela Soon – Preparing for Office

Tuesday, November 16th, 2010

[UPDATE: And Janet Reilly just conceded. Read her entire statement after the jump.]

Interesting candidate Mark Farrell has pulled off his upset in District 2. That means that he’ll become a San Francisco Supervisor come January 2011.

Read all about it, below.

Big Mark Farrell (in Giants Orange) y familia at Room 48 in City Hall all the way back in August 2009:

Click to expand

“As of this evening, all the votes have been counted in District 2 by the San Francisco Department of Elections and we have won the District 2 Supervisor election. With tonight’s victory, we now turn our immediate attention to preparing for office in January.  Our transition team is in place, and I will be meeting with District 2 Supervisor Michela Alioto-Pier tomorrow to kick-start the transition process.  I will also finalize the hiring of my City Hall staff within the next week.

I would like to acknowledge and thank all of my opponents – Kat Anderson, Abraham Simmons, Barbara Berwick, Janet Reilly, and Vilma Guinto Peoro – for a very exciting and challenging campaign.  They are dedicated and valued public servants who are each committed to the people and neighborhoods of District 2, and I look forward to working with all of them in the future.

While the past few weeks have been challenging as the vote count continued after Election Day, I fully recognize the need for a transparent and democratic electoral process – as such, I want to thank the leadership and staff of San Francisco’s Department of Elections for their dedication and diligence in completing this difficult task.

I would also like to personally thank all of those individuals that supported my campaign, beginning with Sheriff Michael Hennessey and in particular Supervisor Michela Alioto-Pier and Supervisor Sean Elsbernd. Thank you as well to the organizations which supported my campaign along the way, including the Small Property Owners of San Francisco, Plan C, UA Local 38, BOMA, the District 2 Democratic Club, IBEW Local 1245, the San Francisco Coalition for Responsible Growth and Rescue MUNI.

Thank you to my incredible staff, including Chris Lee, Margaux Kelly, David Latterman and Mark Randolph, and in particular the hundreds of volunteers who poured their time and energy into this campaign – we would not have succeeded without your enthusiasm, and I will be eternally grateful.

Most importantly, thank you to my amazing family – from my wife Liz and our children, to my parents, in-laws and brothers and sisters – we started this journey last year together as a family, and your unconditional support truly carried this campaign across the goal line.

While it was a long campaign and ultimately a close election, I am both honored and excited to represent the residents of District 2, and look forward to working to return common sense, fiscal discipline and neighborhood leadership back to City Hall.”

And here’s what Janet has to say tonight, after the jump.

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