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Committee backs Mandelmann ordinance to protect tenant housing services from ADU conversions
Summary
The committee recommended an ordinance that would bar landlords from removing services such as parking, laundry or storage to build ADUs without just cause; the proposal creates tenant notification, a rent-board petition process (30 days), rent-board determination within 90 days, and potential remedies including triple damages and attorney's fees.
The Land Use and Transportation Committee voted to recommend an ordinance by Supervisor Rafael Mandelmann that would strengthen tenant protections against the removal or substantial reduction of housing services (parking, laundry, storage, common spaces) when property owners apply to construct accessory dwelling units (ADUs).
Mandelmann said the ordinance is not intended to stop ADUs, which the Board supports, but to stop a pattern where some landlords eliminate tenant services to create ADU space. The ordinance would allow tenants to seek the same remedies available for wrongful evictions, including triple damages and recovery of attorney's fees, and would explicitly state that obtaining an ADU permit is not "just cause" to remove a housing service.
Under the proposal, landlords would have to notify tenants before applying for an ADU permit, file a sworn declaration with the rent board describing existing housing services and stating that the project will not remove or substantially reduce those services, and tenants would have 30 days to petition the rent board. If a petition is filed, the rent board would be directed to investigate and convey a written determination to the planning department within 90 days; planning would hold approval until that determination is received. Planning staff told the committee they lacked the expertise to adjudicate whether a feature is a housing service and welcomed the clearer role for the rent board.
Multiple tenant advocates and residents called in to support the ordinance, citing cases where long-term tenants lost use of parking, storage and laundry. The committee voted to forward the ordinance with a positive recommendation.
The ordinance now moves to the full Board, which will consider final adoption and any date of effect.
