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Commission discusses tenant-notice rules and backs fee waiver to encourage legalization of in‑law units
Summary
Commissioners debated a Board of Appeals resolution and Supervisor Scott Wiener's ordinance to require individualized and posted notice to all tenants when a permit could remove a dwelling unit; later the commission voted to support a separate citywide fee‑waiver to reduce plan‑review costs for legalizing existing units.
The Building Inspection Commission on June 17 discussed a Board of Appeals resolution and an ordinance from Supervisor Scott Wiener that would require written individualized notice to all tenants and posted notice when a demolition or merger of a dwelling unit is proposed — including instructions on how to appeal and information about legal services — and would require multilingual notices in Spanish, Cantonese and Russian. Wiener also said owners removing kitchens, stoves or bathrooms to render a unit non‑habitable would have to file an affidavit under penalty of perjury and post a copy at the work site.
Wiener told commissioners the proposal responded to reports that tenants living for years in illegal units had not learned of demolition or permit actions until it was too late to appeal. ‘‘It just seems very inhumane,’’ Wiener said, arguing notice rules would protect low‑income tenants at risk of displacement.
Commissioners asked about enforcement; Wiener and staff said enforcement would be complaint‑driven and could be addressed through the Director’s hearing process if tenants claim they did not receive required notice.
Separately, the commission considered an ordinance to waive DBI and Planning plan‑review fees for owners who apply to legalize dwelling units constructed without required permits as part of the mayor’s budget package. Staff said the waiver is citywide, would be time‑limited, and is designed to increase participation in the voluntary legalization program. City Attorney office representative John Malmo said the waiver as drafted would expire on 01/01/2020. Commissioner Walker moved to support the fee‑waiver ordinance; the motion was seconded and passed unanimously by roll call.
Both items were discussed as part of ongoing efforts to encourage legalization of in‑law and other unpermitted units while giving tenants clear notice and appeal rights. The Board of Appeals’ resolution and Wiener’s ordinance will continue through the code advisory and legislative process; the fee waiver will proceed as part of the mayor’s budget package and, if adopted, will be implemented by DBI and Planning.
