Planning Commission backs 10‑year restriction on approving demolitions, mergers or conversions after no‑fault evictions

The San Francisco Planning Commission on Oct. 24 recommended that the Board of Supervisors adopt an amendment to planning‑code review criteria that would prohibit the commission from approving demolitions, unit mergers or conversions in buildings that experienced a no‑fault eviction within the previous 10 years.

Planning staff described the substitute ordinance introduced by Supervisor John Avalos and told commissioners the draft consolidates criteria for evaluating loss of dwelling units into Section 317 of the Planning Code and would add language tied to no‑fault evictions. Sophie Hayward of planning staff said the department supports discouraging no‑fault evictions but recommended reducing the proposed 10‑year prohibition to five years and clarified the ordinance should specify the date the prohibition is triggered so landlords are not penalized for past evictions.

Jeremy Pollack, a legislative aide in Supervisor Avalos’ office, said the supervisor supports maintaining the originally proposed 10‑year moratorium and is open to clarifying the data used to apply the rule. "We're hearing more and more of the need for action," Pollack said, arguing the longer period better addresses displacement trends.

Commissioners pressed staff and the city attorney for legal and procedural details. Deputy City Attorney Susan Cleveland Knowles explained the Ellis Act and related limitations used in local implementation, noting tiered restrictions that touch 5‑ and 10‑year outcomes depending on subsequent use. Commissioners asked whether the moratorium could be made retroactive and whether it should apply only to Ellis Act evictions or include other no‑fault categories such as owner move‑in (OMI). Staff and the city attorney said they would need to confirm the legal bounds of retroactivity and that the ordinance's drafting should clarify which types of no‑fault evictions trigger the prohibition.

Commission debate reflected two prevailing concerns. Several commissioners, including Commissioner Wu and Commissioner Hillis, said a 10‑year prohibition is an appropriate disincentive against displacement. Commissioner Wu noted recent rallies and widely reported Ellis Act cases and said the longer time frame would better protect rent‑controlled housing. Other commissioners, notably Commissioner Antonini, said the proposal risks over‑regulating private property and removing necessary discretion from the commission. Antonini voted against the motion and said the change could improperly intrude on how families reconfigure homes.

After discussion, Commissioner Hillis moved that the commission recommend approval with modifications: retain a 10‑year prohibition on approving demolitions, mergers or conversions in buildings with a no‑fault eviction; make the effective date no earlier than the date of this hearing; and ask the supervisor to consider separate criteria or time limits for non‑Ellis Act no‑fault evictions. The motion was seconded and carried on a roll‑call vote, 6–1 (Commissioner Antonini opposed).

The commission directed staff and the supervisor's office to refine the ordinance language — particularly the definition of no‑fault evictions, the scope of evictions covered, and the effective date — before the supervisors consider the ordinance.

The commission’s recommendation is advisory to the Board of Supervisors, which will consider any ordinance language formally introduced and the legal analysis provided by the city attorney's office. The record shows the planning department offered two specific staff recommendations: shorten the proposed prohibition to five years to align with local implementation of the Ellis Act and clarify the date that triggers the prohibition so landlords are not penalized retroactively.

Next steps: staff will work with the supervisor’s office and the city attorney to produce final draft language and supporting analysis for the Board of Supervisors.