Supervisors amend DBI lien list, direct removal of in‑law unit penalties

The San Francisco Board of Supervisors on July 30 adopted a resolution directing the Department of Building Inspection (DBI) to remove assessments tied to unpermitted accessory "in‑law" units from a list of delinquent code‑enforcement charges and to deliver a finalized list to the Clerk of the Board by Aug. 2, 2013. Supervisors voted 11‑0 to approve the amended resolution.

The move followed a public hearing during which tenants, property owners and supervisors described a pattern in which DBI penalties had been applied to properties with unpermitted accessory units that many residents use as essential housing or income. Supervisor Scott Weiner said he would have a “really hard time supporting the assessment” for units that provide “much‑needed housing,” and urged colleagues to consider carving those addresses out of the lien list.

The board’s action amends the department’s standard process for placing unpaid code enforcement charges onto the property tax roll. The resolution instructs DBI to review the existing report and remove any residences with assessments based on the addition of units without permits; DBI was ordered to provide a final list to the Clerk of the Board by Aug. 2, 2013.

Public commenters described individual hardships. Ram Menjivar, representing a property at 1267 Rhode Island, said his building was penalized repeatedly after insurers had refused coverage while the property was vacant, calling the fines “gross and excessive.” Nearby resident Douglas Yap urged property owners unfamiliar with DBI procedures not to feel intimidated, citing a recent grand‑jury review of DBI operations.

DBI’s code enforcement staff acknowledged the department’s safety concern: unpermitted conversions may lack fire or egress protections and could create a hazard. John Hinton of DBI’s Code Enforcement unit told the supervisors the department “would be very happy to go through each and every address” and was willing to remove items related to in‑law units after further review, but asked the board to approve the remaining items on the list so DBI could meet timelines for placing liens on the tax roll.

Supervisor Breed urged colleagues to note that removing an address from the delinquent list would not prevent the city from enforcing life‑safety issues. “Putting a lien on the property in this particular way will not do anything to speed up or slow down the implementation of some of the public safety issues,” she said, adding that the board could direct DBI to work with individual owners to legalize units where possible.

In debate, several supervisors stressed the need to balance public‑safety enforcement with housing realities. Supervisor David Campos said he would like more time to review the list and determine which addresses deserved removal; Supervisor Jane Kim said a working group of city staff and stakeholders was meeting to consider policy changes that could ease the path to legalization for long‑standing unpermitted units.

The board adopted an amendment directing DBI to return a revised, final list by Aug. 2 and stating the board’s intent that the city will not impose liens based on this resolution against residences with additional unpermitted units. The department committed to meet with supervisors’ staff to identify and remove addresses related to in‑law units.

The resolution does not change DBI’s authority to pursue life‑safety corrections; it instructs staff to separate code‑enforcement cost recovery for unpermitted living units from the list of properties to be forwarded for tax‑roll collection, pending DBI’s targeted review.