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Planning Commission continues review of 424–434 Francisco Street condo conversion after public claims of post‑2005 evictions
Summary
The Planning Commission continued consideration of a condominium conversion at 424–434 Francisco St. to Sept. 17 after public commenters and tenant advocates presented records suggesting evictions after May 1, 2005. City attorneys and staff said more rent‑board analysis is needed to determine whether the subdivision‑code trigger applies.
The San Francisco Planning Commission on Sept. 3 voted unanimously to continue a decision on a proposed condominium conversion at 424–434 Francisco Street so staff can analyze additional eviction records submitted by members of the public.
Carolyn Fahey of Planning Department staff described the application as an expedited conversion under the subdivision code and said staff’s packet showed no eviction notices on or after 05/01/2005, a trigger for ineligibility under the code. Project counsel told commissioners they had not been provided documents showing eviction notices after that date.
But speakers from the Tenderloin Housing Clinic, the San Francisco Tenants Union and residents said rent‑board and court documents show eviction activity and appeals extending through 2007 and later filings through 2016. Teresa Flandrick, who asked that the matter be removed from consent, said the record shows that seniors and people with disabilities were displaced and urged denial.
Deputy City Attorney Austin Yang told the commission the subdivision code’s relevant provision "talks about a prohibition for certain types of conversions... There is a trigger date of 05/01/2005," and explained the legal distinction between the issuance of an eviction notice (the code trigger) and later appellate decisions, which can cause confusion in public records. Yang also warned that local rules cannot override state law protections related to the Ellis Act.
Commissioners said a rent‑board spreadsheet circulated the morning of the hearing appeared to list eviction notices through August 16, 2016. Several commissioners asked staff to analyze the new materials; Commissioner Fung moved to continue the item to Sept. 17 to allow that review, and the motion passed 5–0.
The continuation leaves open the commission's final determination on whether the conversion is consistent with the subdivision code and city policy to preserve affordable rental housing. Staff said that if the commission later approves the project, the sponsor must file a building‑permit change‑of‑use application and provide documentation of required soundings and other conditions. The item will return on Sept. 17 with staff’s supplemental analysis.
