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Committee advances ordinance tightening disclosure and enforcement for unauthorized dwelling units
Summary
The committee voted July 28 to amend and send an ordinance to the full Board that would require applicants to disclose unauthorized dwelling units (UDUs), direct the Planning Department to investigate UDUs when developers submit applications, and expand DBI enforcement tools to address misrepresentation on applications.
The Land Use and Transportation Committee on July 28 voted to recommend an ordinance to the Board of Supervisors that aims to strengthen verification and enforcement around unauthorized dwelling units and rent‑controlled units.
Sponsor Supervisor Mirna Melgar said the measure stemmed from cases in which property owners omitted the presence of tenants or UDUs on permit applications to avoid relocation or eviction obligations. The ordinance requires applicants to disclose any unauthorized dwelling units when submitting development applications and instructs the Planning Department to investigate claims of UDUs and to document whether properties are subject to regulatory agreements under the San Francisco Residential Rent Stabilization and Arbitration Ordinance.
The proposal also amends the Building Code to expand the Department of Building Inspection’s (DBI) expanded compliance and control program to address fraud, bribery and failures to accurately report the presence and number of unauthorized dwelling units on permit applications. The Planning Commission recommended several modifications, including using DBI’s expanded compliance program rather than creating a separate reporting program, allowing planning staff to consider neighbor information without requiring neighborhood interviews, defining UDU with a 10‑year lookback, and limiting penalty fees to significant misrepresentations; the sponsor incorporated most of those edits.
Aaron Starr, manager of legislative affairs for the Planning Commission, said the commission recommended approval with the modifications noted above. Tate Hannah of DBI reported that the Building Inspection Commission unanimously recommended approval on July 18.
Public comment included Avi of the San Francisco Anti‑Displacement Coalition, who supported the ordinance as necessary to preserve rent‑controlled housing as the city implements large‑scale rezoning and state measures such as SB 423 and SB 330, saying the rules close a loophole that has allowed property owners to omit material tenancy information.
Chair Melgar moved to adopt the sponsor’s amendments and recommend the ordinance as amended as a committee report; Vice Chair Cheyenne Chen and Member Bilal Mahmood voted aye. The committee also duplicated the file and continued the duplicated version to the call of the chair.
