San Francisco County Municipal Code Art. 9 Conversions

Sec. 1380. General. Sec. 1380.1. Units Legalized Pursuant to Planning Code Section 207.3. Sec. 1381. Additions to Application Packet. Sec. 1382. Exceptions from Application Packet. Sec. 1383. Conformity of Housing, Building and Planning Codes. Sec. 1385. Preservation of Low and Moderate Income Housing. Sec. 1385A. Suspension of Provisions of Section 1385. Sec. 1386. Denial of Tentative Map. Sec. 1387. Right of Tenants to Contract for the Purchase of Unit. Sec. 1388. Tenant Intent to Purchase. Sec. 1389. Temporary Relocation of Tenants. Sec. 1390. Rent Increase Limitation. Sec. 1391. Vacation of Units: Statutory Notice of Eviction Required; Extension of Leases for Elderly Tenants. Sec. 1392. Subdivider to Provide Moving Expenses. Sec. 1393. Subdivider to Provide Relocation Assistance. Sec. 1394. Time Limits for Reapplication. Sec. 1395. Time Limits for Sale. Sec. 1396. Annual Conversion Limitation. Sec. 1396.1. Annual Conversion Limitation Lottery Procedures. Sec. 1396.2. Prohibition on Condominium Conversions for Certain Buildings. Sec. 1396.3. Annual Conversion Limitation Lottery Procedures Based on Seniority of Participation. Sec. 1396.4. Condominium Conversion Fee and Expedited Conversion Program. Sec. 1396.5. Suspension of the Lottery Pending Production of Replacement Units for Expedited Conversion Units.

Sec. 1396.6. Condominium Conversion Associated with Projects That Utilize the Residential Density Exception in RH Districts to Construct New Dwelling Units Pursuant to Planning Code Section 207(c)(8). Sec. 1396.7. Condominium Conversion Associated with Projects Constructed Pursuant to Planning Code Section 249.94. Sec. 1396.8. Condominium Conversion of Certain State Mandated Accessory Dwelling Units and Associated Primary Dwelling Units. Sec. 1396A. Low and Moderate Income Housing Review. Sec. 1397. Certification of Exempt Conversions.

The Sections of this Article 9 modify the applicable provisions of Article 3 through 8, inclusive, of this Code in the case of Conversions.

SECTION 207.3. Notwithstanding any other provisions of this Code, a dwelling unit constructed without benefit of permit and legalized pursuant to the provisions of Section 207.3 of the Planning Code may not be subdivided in a manner that would allow for the unit to be sold or separately financed pursuant to any condominium plan, housing cooperative, or similar form of separate ownership. (Added by Ord. 43-14 , File No. 131148, App. 4/17/2014, Eff. 5/17/2014)

(a) Application Packets for Conversions shall have deleted the following information required by provisions of this Code: (1) Except as otherwise required by other Sections of this Article 9, the statements required by Sections 1323(a), paragraphs 1, 2, and 3 shall be deleted. (2) Except in the case of a vesting tentative map, the environmental evaluation data required by Section 1323(b) shall be deleted. (Amended by Ord. 576-85, App. 12/27/85)

CODES. As a condition of Final Map approval, the subdivider must demonstrate that all applicable provisions of the City's Housing, Building and City Planning Codes have been met and that all violations of such codes have been satisfactorily corrected or, upon the approval of the Director, and prior to recordation of the Final Map or Parcel Map, funds have been adequately escrowed or bonded to assure

completion of such corrective work prior to the closing of escrow of any unit in the project.

(1) The provisions of Section 1385 shall not apply to applications for initial conversion of residential units filed on or after June 1, 1988. For purposes of this Section initial conversion shall mean the first time the parcel containing the subject units is converted to condominiums. (2) The suspension of Section 1385 shall continue so long as the 200 unit annual conversion limit set forth in Section 1396 remains in effect. (Added by Ord. 257-88, App. 6/22/88)

OF UNIT. (a) The present tenant or tenants at the date of filing of the application for a Tentative Map of any unit to be converted or, in the event of a voluntary vacation, or eviction for cause, the tenant or tenants in occupancy at the date of issuance of the State Department of Real Estate's Final Subdivision Public Report shall be given a nontransferable contract right to purchase the unit occupied at a price no greater than the price offered to the general public. (b) The right of contract for purchase of the unit shall extend for 60 days from the date the unit is initially offered to the tenant in writing by the subdivider. The period of acceptance of the offer may be extended if such an agreement is executed in writing by the subdivider and tenant, provided that the tenant may cancel the purchase agreement if the unit is not conveyed to that tenant within six months of the agreement to purchase. (c) The offer of sale may not be extended by the subdivider to the tenant until the recordation of the Final Map or Parcel Map, and until the issuance of the State Department of Real Estate's Final Subdivision Public Report.

If temporary relocation of any tenant is necessary for renovation of a unit between the date of submission of the Tentative Map and the date established for permanent relocation, then the subdivider shall find equivalent substitute housing for that tenant for the period of renovation, and shall pay to that tenant any additional cost of the substitute housing. Any tenant temporarily relocated shall have the right to return to his or her former unit until the expiration of all rights granted to such tenant as provided in this Code.

The rent to tenants at the time of filing the application for conversion shall not be increased for the period between the filing of the application until relocation takes place or until the subdivision is denied or withdrawn, except that such period shall not exceed two years. At the end of such period, and for one-year period thereafter, any increase in rent shall not exceed the proportionate increase in the residential rent component of the "Bay Area Cost of Living Index, U.S. Dept. of Labor," over that period of time, provided, that the rental increase provisions of this section shall be operative only in the absence of other rent increase or arbitration laws. In cases of hardship due to unusual circumstances to the subdivider, or in cases where a rent increase authorized herein is considered by the tenant to be not consistent with increases in the residential rent component of the "Bay Area Cost of Living Index, U.S. Dept. of Labor," either a subdivider or a tenant may request relief under this Section from the Director of Public Works or his or her designee. In considering the reasonableness of a rent increase, the Director shall consider the current rent paid for comparable units in comparable areas.

(a) The subdivider shall bear the cost of moving expenses of any tenant who relocates from the building to be converted. The tenant, at his or her option, shall be reimbursed either for the actual moving expenses up to a maximum of $1,000, or for the fixed amount allowed by the moving expense schedule of the Central Relocation Services agency. In the event the unit is occupied by a subtenant under an agreement with the tenant, the moving expense reimbursement herein provided shall be shared proportionately by both parties in relation to the actual costs of moving the property of each party. (b) Availability for such assistance shall be limited to the 120-day period or the period of any lease extension as provided in Section 1391(a) unless a contrary agreement is reached by the subdivider and tenant; provided that tenants aged 62 years or older, or permanently disabled whose tenancy is extended pursuant to Section 1391(c), would be eligible for such assistance at such time that such tenant elects to voluntarily vacate the unit and gives due notice therefor. (c) Those parties who lease a unit subsequent to the date of filing the application for conversion shall not be eligible to receive assistance provided in this Section unless such an agreement is made between the subdivider and prospective tenant.

(a) Any tenant who requests assistance in finding relocation housing shall be referred to the Central Relocations Services Agency of the City and County of San Francisco, or, with the mutual consent of the tenant and subdivider, such assistance may be provided by the subdivider or a real estate brokerage firm selected by the subdivider. The subdivider shall bear any costs to the tenant of such assistance

in finding relocation housing. (b) Availability for such assistance shall be limited to the expiration of the 120-day period or the period of any lease as provided in Section 1391(a) and (c), unless a contrary agreement is reached by the subdivider and tenant. (c) Those parties who lease a unit subsequent to the date of filing the application for conversion shall not be eligible to receive assistance provided in this Section unless such an agreement is made between the subdivider and prospective tenant.

(a) In the event an application for condominium conversion subdivision is withdrawn by the applicant, said application may not be resubmitted for six months from the date of withdrawal. (b) In the event an application for condominium conversion subdivision is denied, or a Tentative Map is disapproved, the applicant therefor may not submit a new application for the same building for one year from the date of such denial, except that this period may be extended pursuant to the provisions of Section 1386.

All units approved for conversion shall be offered for sale to the tenants within one year of the issuance of the State Department of Real Estate's Final Subdivision Public Report.

MANDATED ACCESSORY DWELLING UNITS AND ASSOCIATED PRIMARY DWELLING UNITS. Notwithstanding any other provisions of this Code, a subdivider shall (1) be exempt from the annual lottery provisions of Section 1396 of this Code with respect to any Accessory Dwelling Units (“ADUs”) and associated Primary Dwelling Units that satisfy the requirements of Section 1316; and (2) be eligible to submit a condominium conversion application for said ADUs and an associated primary residence and/or include said ADUs in a condominium map application for a project approved pursuant to Planning Code Section 207.4. Notwithstanding the foregoing sentence, no property or applicant subject to any of the prohibitions on conversions set forth in Section 1396.2 of this Code, including but not limited to a property with the eviction(s) set forth in Section 1396.2(b), shall be eligible for condominium conversion under this Section 1396.8. Any ADU subject to conversion under this Section 1396.8 shall be subject to the requirements of Article 9 of this Code. For purposes of this Section 1396.8, primary residence shall mean the whole of an existing or new residential structure or complex, which may contain one or more individual dwelling units. (Added by Ord. 113-25, File No. 241069, App. 7/11/2025, Eff. 8/11/2025)

The availability of low and moderate income housing shall be reviewed every two years by the Department of City Planning and the results of this review shall be included in the Department of City Planning's "Residence Element Update" which is submitted to the Board of Supervisors. (Added by Ord. 257-88, App. 6/22/88)