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Board advances ordinance to expand rent-control eligibility to 1994, sends second reading to Oct. 15 special meeting

3006489 ยท April 16, 2025
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Summary

The San Francisco Board of Supervisors on Oct. 8 amended a proposed ordinance to expand local rent-control coverage so it would apply to newly constructed dwelling units that first received certificates of occupancy through June 13, 1994, and scheduled the measure for a second reading at a special board meeting on Oct. 15.

The San Francisco Board of Supervisors on Oct. 8 amended a proposed ordinance to expand local rent-control coverage so it would apply to newly constructed dwelling units that first received certificates of occupancy through June 13, 1994, and scheduled the measure for a second reading at a special board meeting on Oct. 15.

The change was offered by Board President Peskin as an amendment to an administrative-code ordinance (filed as Item 15) that initially proposed making units up to Nov. 5, 2024 subject to rent control โ€œto the extent authorized by a future modification or repeal of the Costa Hawkins Rental Housing Act.โ€ Peskin said the 1994 date would extend protections to about 16,000 units and some 40,000 renters while preserving space for further discussion if state law changes.

Why it matters: The ordinance would only take effect if state law permits local expansion (Costa Hawkins currently constrains local dates). Supporters said rolling the local date forward to 1994 would extend rent protections to thousands of long-standing tenants while still allowing market-rate initial rents for landlords. Opponents urged more time for a technical advisory process with labor, developers and tenant advocates.

Debate and amendments

President Peskin introduced a revision to change the cutoff date to June 13, 1994, and asked colleagues to support language that would commit the board to solicit public input โ€” โ€œincluding representatives of organized labor, tenants, and landlordsโ€ โ€” before future changes to the new-construction date. Peskin said, โ€œThis is a chance for us who say we are advocates for renters to commit to expand protections locally,โ€ and described the 1994 amendment as a compromise step.

Supervisor Preston framed the change as a pragmatic step. He urged colleagues to approve the amendment, saying it โ€œrepresents the largest expansion of rent control in decadesโ€ and noted that the change would bring local law more in line with other jurisdictions.

Supervisor Safaee urged creating a technical advisory committee to include tenant representatives, property owners, developers and labor, and asked the city attorney to draft enabling language. Safaee said the committee would bring โ€œindustry expertsโ€ to the table and help vet dates and technical details.

Some supervisors pushed back on procedural delay. Peskin characterized requests to add a committee as a potential โ€œdelay tactic,โ€ while others said a short continuance might be reasonable to draft substantive language. Deputy City Attorney Sarah Crowley told the board that a substantive amendment introduced at a future meeting would require referral back to committee and a minimum of two weeksโ€™ delay.

Votes and procedural outcome

- A motion by Supervisor Safaee to continue the item for one week failed on a roll call (4 ayes, 7 noes). Those voting aye on the continuance were Safaee, Engadio, Dorsey and Chan; the motion did not carry.

- The board adopted Peskinโ€™s amendment to change the date to June 13, 1994 and to add a finding that the city will solicit input from labor, tenants and landlords before future amendments. The amended motion passed by roll call (11 ayes, 0 noes).

- The board then voted to send the ordinance, as amended, to second reading at the special meeting on Oct. 15 (roll call: 11 ayes, 0 noes).

What supporters said

Supporters including Supervisor Preston, Supervisor Mandelman and Supervisor Chan said the compromise expanded protections for many renters without undermining future housing production. Preston argued that moving the local date to 1994 helps remedy an unfair aspect of Costa Hawkins, which freezes older local rent-control dates. โ€œWith this amendment youโ€™re effectively taking care of that problem with Costa Hawkins,โ€ Preston said.

What critics asked for

Critics and several supervisors urged stronger engagement with labor and building trades. Supervisor Safaee pressed for a technical advisory committee and said unions had requested membership on a panel to examine financing, deferred maintenance and other technical issues. Several supervisors agreed in principle but noted that adding a substantive committee requirement would trigger a re-referral to committee and delay final action.

Next steps

The ordinance as amended will return for second reading at a special Board of Supervisors meeting scheduled for Oct. 15. The amendment adopted Oct. 8 requires the city to solicit public input โ€” including โ€œrepresentatives of organized labor, tenants, and landlordsโ€ โ€” before any future change to the ordinanceโ€™s new-construction date.

Discussion-only items and clarifications from the meeting are reflected in the board record; the ordinance remains contingent on any change to state law (Costa Hawkins) that would allow local expansion.

Ending note: The measure is a politically significant, pre-election signal about local policy direction: supervisors said the Oct. 15 second-reading vote will allow the board to finalize the local approach ahead of the statewide election outcome.