Chapter 41C — TIME-SHARE CONVERSION ORDINANCE

Sec. 41C.1. Title.

Sec. 41C.2. Findings.

Sec. 41C.3. Definitions.

Sec. 41C.4. Conversions Prohibited.

Sec. 41C.5. Enforcement.

Sec. 41C.6. Review of Ordinance.

Sec. 41C.7. Severability.

This Chapter may be referred to as the Time-Share Conversion Ordinance.

(Added by Ord. 82-86, App. 3/21/86)

(a) There is a severe shortage of permanent housing in San Francisco.

(b) A small supply of suitable vacant land, zoning constraints, construction costs and other factors limit the construction of additional housing in San Francisco.

(c) Population pressures and other demographic trends cause great demand and are likely to accelerate the demand for San Francisco housing.

(d) In light of housing demand and limited new construction, conserving existing permanent housing is especially important.

(e) Conversion of permanent housing to tourist or other temporary use removes housing units from the available stock and worsens the existing shortage.

(f) The shortage of housing most acutely affects low- and moderate-income persons, the elderly and the disabled, both those already living in San Francisco and those wishing to move to the City. Conversion of permanent housing to tourist or other temporary use most seriously affects low- and moderate-income persons, the elderly and the disabled, both those already living in San Francisco and those wishing to move to the City.

(g) At this time, there appears to be no shortage of lodging facilities for visitors in San Francisco.

(h) It is in the public interest to prohibit any additional conversions of permanent housing, whether occupied or unoccupied, to time-share use, which is principally suitable for or used by visitors and other temporary users.

(i) The purpose of this ordinance is to benefit the general public by preserving the supply of existing permanent housing and minimizing adverse effects on persons and households of all income levels, including but not limited to lower- and moderate-income, elderly and disabled persons, by prohibiting the conversion of dwelling units to time-share use and authorizing appropriate remedies.

(Added by Ord. 82-86, App. 3/21/86)

When used in this ordinance, the following terms shall each have the meaning indicated.

(a) "Residential unit" shall mean: (i) a dwelling unit as defined in Section 203.4 of the Housing Code, or: (ii) any portion of a structure which portion is part of a hotel as defined in Section 203.8 of the Housing Code; provided, however, that "residential unit" shall not include any unit classified as a tourist unit or a private club under Chapter 41 of the Administrative Code, or any unit covered by a preliminary public report issued by the California Department of Real Estate, pursuant to Sections 11010 et seq., Business and Professions Code, prior to January 1, 1986.

(b) "Time-share use" shall mean a right, whatever its legal form, in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of any segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from among periods established by deed, condition, agreement or other means, whether or not coupled with an estate in real property.

(Added by Ord. 82-86, App. 3/21/86)

It shall be unlawful for any person to convert to time-share use, offer to another for time-share use or occupy as a time-share use any portion of any structure which portion was a residential unit not in time-share use on the initial effective date of this Section. This prohibition shall not be affected by any intervening change in use of the unit.

(Added by Ord. 82-86, App. 3/21/86)

Violation of this ordinance shall be a misdemeanor. The Bureau of Building Inspection shall be responsible for enforcement of this ordinance, and may recommend to the City Attorney or District Attorney initiation of an action hereunder. The City Attorney shall have the power to bring an action for injunctive or other judicial relief hereunder.

(Added by Ord. 82-86, App. 3/21/86)

Not later than four years and six months after the initial effective date of this Section, the Department of City Planning shall report to the Board of Supervisors with respect to the subject matter of this ordinance and the stock of permanent housing in the City and County of San Francisco, and may recommend, if appropriate, the modification or repeal of this ordinance. Not later than six months after receipt of said report, the Board of Supervisors shall hold a hearing to consider the contents of the report, and to consider extension or repeal of this ordinance. Not later than six months after receipt of said report, the Board of Supervisors shall hold a hearing to consider the contents of the report, and to consider extension or repeal of this ordinance. This ordinance shall be repealed five years after its initial effective date unless the Board of Supervisors shall on or before that date extend or re-enact it.

(Added by Ord. 82-86, App. 3/21/86)

If any part or parts of this ordinance should be held unconstitutional or otherwise invalid, that shall not affect the validity of any remaining part or parts of this ordinance. The Board of Supervisors hereby declares that it would have passed each part of this ordinance irrespective of the unconstitutionality or invalidity of any other part or parts.

(Added by Ord. 82-86, App. 3/21/86)