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Commission endorses ordinance to legalize existing in-law units, citing housing preservation
Summary
The commission unanimously backed legislation creating a voluntary pathway to legalize one existing in-law unit constructed before Jan. 2013, suspending certain NOV enforcement while units are being legalized and coordinating outreach and financing to protect affordable housing.
The Building Inspection Commission voted unanimously Feb. 19 to support proposed legislation that would allow property owners to legalize one existing in-law dwelling unit constructed before Jan. 2013, streamline DBI screening and planning review, waive some planning requirements such as open-space and parking limits for legalization cases, and temporarily suspend a notice of violation (NOV) while a good-faith legalization application is underway.
Amy Chan, a legislative aide to Supervisor David Chu, said the voluntary program was developed with a broad coalition that included tenants, property owners, housing advocacy groups and city departments. Chan said the proposal aims to preserve affordable housing that frequently exists in in-law units and to reduce the regulatory barriers that currently discourage owners from legalizing units.
The legislation would require DBI to screen units to determine whether they meet life-safety standards and, when plans are approved by DBI, allow owners to apply to planning for any necessary entitlements without immediate enforcement action. The bill also includes a master-list component so approved units can be tracked for citywide housing programs such as Section 8. The legislation sets Jan. 2013 as a cutoff to avoid creating an incentive to construct new unpermitted units.
Commissioners from across the political spectrum praised the collaborative process used to craft the ordinance and stressed the need for strong outreach, translation and assistance for smaller or low-income property owners. Staff said DBI will model outreach on the soft-story retrofit program, planning and housing staff will coordinate financing options, and the administrative process will be codified in the ordinance and related implementation bulletins.
Commissioners moved, seconded and voted unanimously to approve the commission's recommendation on the legislation.
What happens next: The commission's recommendation will be forwarded to the Board of Supervisors; DBI and the sponsor's offices will continue coordination on staffing, outreach and an implementation timeline.
