Board advances ordinance extending just-cause eviction protections to post-1979 rental units; 7-4 vote on first reading

The San Francisco Board of Supervisors on Dec. 8 passed on its first reading an ordinance that expands the city's just-cause eviction protections to rental units not previously covered because they were built after 1979.

Supervisor Avalos, who introduced the measure, said the ordinance is intended to prevent "arbitrary evictions" and to provide equal eviction protections for tenants in newer rental properties, citing thousands of units constructed since 1979 and large upcoming developments that would otherwise place tenants outside existing eviction protections.

"Originally, this legislation came to my attention because there had been many tenants that had been evicted from properties where foreclosures had occurred," Avalos said. He described the ordinance as about "fairness" and pointed to the city's pipeline of new housing, including large projects, where tenants would not have eviction protections without the change.

Supervisor Campos, a cosponsor, said the measure does not extend rent control; it addresses only eviction grounds and procedures. He also described revisions in response to landlord and developer concerns, including a temporary "16 just cause" exception for some new construction and clarifications on owner move-in (OMI) evictions in post-1979 buildings.

Supporters at committee hearings and tenant-rights groups urged the board to act; staff said the city attorney had not issued a cautionary memo on constitutionality. The measure's backers said they reached out to the Federal Housing Administration and were told the ordinance would not jeopardize FHA lending.

The roll-call tally on the first reading was 7 ayes and 4 nos. The transcript records the no votes from Supervisor Aleoto Pier, Supervisor Chu (the second speaker listed as "Supervisor Chu" in the record), Supervisor Dufty, and Supervisor Ellsburn; ayes included Supervisors Mercarimi, Avalos, Campos, Daley, Mar, Maxwell and one other recorded as "President Chiu" in the roll call. The ordinance passed the first reading and will return for subsequent readings as required by charter and code.

The ordinance's sponsors requested further outreach and noted the measure was amended to address concerns raised by landlords and lenders. The measure was described as narrowly targeting eviction cause protections and not altering state-controlled rent-control statutes.