The COVID-19 pandemic continues to affect the commercial real estate market, and the San Francisco Board of Supervisors is pursuing relief for certain categories of commercial tenants, including adoption of an ordinance creating a rebuttable presumption that a commercial tenant’s legally required shutdown excuses rent owed for the shutdown period.

We previously reported on San Francisco’s eviction protection for “Covered Commercial Tenants,” which are tenants (1) registered to do business in San Francisco, and (2) with combined worldwide gross receipts for tax year 2019 equal to or below $25 million. Covered Commercial Tenants do not include for-profit entities occupying space in property zoned or approved for Office Use, nor entities leasing property from the City and County of San Francisco.

Covered Commercial Tenants are currently protected from evictions for COVID-19 related missed rent payments that came due between March 16, 2020 and September 30, 2021. After September 30, 2021, unless the Governor further extends his executive order allowing for local jurisdictions to protect commercial tenants from eviction, Covered Commercial Tenants with 50 or more full time equivalent (“FTE”) employees will be required to immediately pay any unpaid rent owed to their landlords, while smaller Covered Commercial Tenants will be entitled to a forbearance period after September 30, 2021 ranging from 12 to 24 months.

On July 20, the Board of Supervisors took further action that would effectively forgive some past due rent from certain Covered Commercial Tenants, even after their applicable forbearance period expires.
Continue Reading San Francisco Board of Supervisors Adopts Further Commercial Tenant Relief in Response to COVID-19 Pandemic

Costs for many office and laboratory projects in San Francisco are poised to increase. On November 5, 2019, the Board of Supervisors unanimously approved a proposed ordinance that would more than double the Citywide Jobs Housing Linkage Fee (JHLF) rate for such projects. The ordinance now moves to the Mayor for consideration.
Continue Reading SF Board of Supervisors Approves Major Increase to Jobs Housing Linkage Fee

Costs for many non-residential developments in San Francisco are poised to increase. On September 19, 2019, the Planning Commission approved a proposed ordinance that would more than double the City-wide Jobs Housing Linkage Fee (JHLF) rate for office and laboratory development. The ordinance now moves to the Board of Supervisors for consideration.
Continue Reading SF Planning Commission Approves Major Increase to Jobs Housing Linkage Fee

Two affordable housing measures are currently proposed for the November 5, 2019 ballot: (i) City Charter and Code amendments to encourage certain 100% affordable and teacher housing projects by providing for a streamlined ministerial — i.e., no CEQA — approval process for qualified projects and (ii) an up-to $500 million affordable housing bond.

Continue Reading Two Affordable Housing Measures Proposed for November Ballot

View an illustrated guide to the COPA timelines

Owners of multifamily residential properties in San Francisco will soon have to extend purchase offers to certain nonprofit organizations, before making or soliciting offers to sell those properties to anyone else—and will have to give those nonprofits the right to match any offer received from a potential buyer—under new legislation that is poised to become effective in June 2019.

In the meantime, potential buyers and sellers of multifamily properties should familiarize themselves with COPA’s key provisions, which we covered here, and the applicable timelines, which we’ve illustrated in the downloadable graphic here.


Continue Reading Sellers Beware? San Francisco Adopts Community Opportunity to Purchase Act for Multifamily Properties

Pending legislation introduced by San Francisco Supervisor Fewer would amend the City’s laws to give certain qualified non-profit organizations certified by the City (“Qualified Nonprofits”) the first right to purchase multi-family rental properties and certain vacant lots in San Francisco. 
Continue Reading San Francisco’s Next Big Move in Maintaining Housing Affordability: Nonprofits’ First Right to Purchase Multi-Family Rental Properties

SF Planning Dept. – Central SoMa boundary map

After over seven years of planning and public outreach, as of January 7, 2019, the Central SoMa Plan and its implementing legislation are finally effective.  The City’s analysis concludes that the Plan area has development capacity for over 8,000 new housing units (approximately 33 percent of which will be affordable) and over 30,000 new jobs, and will generate over two billion dollars of public benefits.
Continue Reading At Long Last: Central SoMa Plan Effective

This summer, the San Francisco Board of Supervisors approved legislation that increased the Transportation Sustainability Fee (TSF) for large non-residential projects, amended the HOME-SF (Housing Opportunities Mean Equity-San Francisco) Program to temporarily (through 2019) reduce Program requirements, and created a new administrative approval process for 100% Affordable Housing Bonus Program projects.
Continue Reading Summer Summary: Recent Changes in Local Law

SF Planning Dept. – Central SoMa boundary map
SF Planning Dept. – Central SoMa boundary map

On May 10, 2018, the San Francisco Planning Commission voted unanimously to adopt the Central SoMa Plan and its Implementation Program by certifying the EIR and recommending approval of implementing legislation, with modifications. It also recommended approval of the proposed Central SoMa Housing Sustainability District (HSD), which is separately sponsored by Mayor Mark Farrell and Supervisor Jane Kim. The Central SoMa legislation will next be considered by the Board of Supervisors.


Continue Reading Latest Updates to the Central SoMa Plan: What’s New?