Committee backs limited waiver for removal of unauthorized dwelling units

The Land Use & Transportation Committee on March 4 voted to send an ordinance to the full Board that would waive conditional-use authorization requirements for removal of unauthorized dwelling units (UDUs) in single-family homes when owners meet specified eligibility criteria.

Chair Mirna Melgar explained the measure addresses situations where long-ago UDUs exist and new owners want to live in the primary unit without being subject to open-ended retroactivity. Eligibility criteria explained in the ordinance include owner occupancy of the primary dwelling at application, that the UDU has not been rented for consideration in the past 10 years except to a qualifying family member, the owner’s intent to reside in the single-family home for three years after removal, and entering a regulatory agreement that would subject the single-family dwelling to the San Francisco Rent Ordinance if it is later rented.

Aaron Starr of the Planning Department said the Planning Commission considered the item in November and recommended modifications to the open-space and dwelling-unit exposure exemptions and to the floor‑to‑ceiling-height exemption so legalizations proceed where feasible. Public commenters included homeowners and neighborhood council representatives who supported a narrowly tailored fix to preserve owner-occupied homes without undermining rent protection. The committee amended the bill as recorded and voted unanimously to send it to the full Board with a positive recommendation.

Chair Melgar said the goal was to allow families to remain in and invest in their homes while protecting the rent ordinance where appropriate.