Executive Summary Condominium Conversion Subdivision

Transcription

1 Executive Summary ondominium onversion Subdivision HEARING DATE: MAY 24, 2018 ONSENT ALENDAR Record No.: ND Project Address: LAYTON STREET Zoning: RH-3 (Residential House, Three Family) District 40-X Height and Bulk District Block/Lot: 1210 / 024 Applicant: Rosemarie MacGuinness Sirkin Law 388 Market Street, Suite 1300 San Francisco, a Staff ontact: David Weissglass (415) David.Weissglass@sfgov.org Recommendation: Approval with onditions PROJET DESRIPTION The Project is a ondominium onversion Subdivision to convert a four-story, five-unit building into residential condominiums. No alterations to the building are proposed other than those that result from the Department of Building Inspection s Physical Inspection Report. REQUIRED OMMISSION ATION The Subdivision ode requires that the Planning ommission hold a public hearing to review condominium conversion subdivisions containing five to six residential units for consistency with the General Plan. The proposed project requires Planning ommission approval under Section of the harter and Sections 1332 and 1381 of the Subdivision ode to allow the condominium conversion subdivision of five to six residential unit buildings. Findings must be made that the proposal is consistent with the General Plan and the Subdivision ode. ISSUES AND OTHER ONSIDERATIONS Existing Tenant & Eviction History: All units are occupied by owners who intend to purchase their units. While there is evidence of evictions since 2000, there is no known evidence of any evictions on the subject property since May 1, See Exhibit for Eviction History documentation.

2 Executive Summary Hearing Date: May 24, 2018 ASE NO ND LAYTON STREET BASIS FOR REOMMENDATION The Department finds that the Project is, on balance, consistent with the Objectives and Policies of the General Plan. The Project will maintain the existing supply of housing while allowing for home ownership opportunities for San Francisco residents. ATTAHMENTS: Draft Motion ondominium onversion Subdivision Exhibit A Exhibits Exhibit B Eviction History Documentation 2

3 Planning ommission Draft Motion HEARING DATE: MAY 24, 2018 ase No.: ND Project Address: LAYTON STREET Zoning: RH-3 (Residential-House, Three Family) District 40-X Height and Bulk District Block/Lot: 1210 / 024 Project Sponsor: Rosemarie MacGuinness Sirkin Law 388 Market Street #1300 San Francisco, A Staff ontact: David Weissglass (415) david.weissglass@sfgov.org ADOPTING FINDINGS RELATING TO THE APPROVAL OF A ONDOMINIUM ONVERSION SUBDIVISION OF A FOUR-STORY, FIVE-UNIT BUILDING INTO RESIDENTIAL ONDOMINIUMS, PURSUANT TO THE GENERAL PLAN AND SUBDIVISION ODE SETIONS 1386 AND , WITHIN A RH-3 (RESIDENTIAL-HOUSE, THREE FAMILY) ZONING DISTRIT AND A 40-X HEIGHT AND BULK DISTRIT. PREAMBLE On April 2, 2018, Rosemarie MacGuinness of Sirkin Law (hereinafter "Project Sponsor") filed an application with the Department of Public Works, Bureau of Street Use and Mapping for Planning Department review to allow the ondominium onversion Subdivision of a four-story, five-unit building into residential condominiums within a RH-3 (Residential-House, Three Family) Zoning District and a 40-X Height and Bulk District. The subject building is considered a legal use as the Report of Residential Building Record indicates that the legal authorized occupancy is a five-unit dwelling. The Planning Department ommission Secretary is the custodian of records; the File for ase No ND is located at 1650 Mission Street, Suite 400, San Francisco, alifornia. On May 24, 2018, the San Francisco Planning ommission (hereinafter ommission ) conducted a duly noticed public hearing at a regularly scheduled meeting on the ondominium onversion Subdivision Application No ND. Section , Article 9 of the Subdivision ode of the ity and ounty of San Francisco sets forth the following rules and regulations for condominium conversions: A. Units may be converted to condominiums so long as they meet the requirements of the Expedited onversion Program per the Subdivision ode Section An exception is provided for twounit buildings where both units are owner-occupied for one year.

4 Draft Motion May 24, 2018 REORD NO ND B. The following categories of buildings may be converted to condominiums: i. Buildings consisting of four units or less in which at least one of the units has been occupied continuously by one of the owners of record for six years prior to the annual April 15 triggering date for conversion and the owners of record had a fully executed agreement for an exclusive right of occupancy on or before April 15, ii. Buildings consisting of five or six units in which at least three of the units have been occupied continuously by three of the owners of record for six years prior to the annual April 15 triggering date for conversion and the owners of record had a fully executed agreement for an exclusive right of occupancy on or before April 15, The Subdivision ode requires that the Planning ommission hold a public hearing to review condominium conversion subdivisions containing five to six units for consistency with the General Plan and applicable provisions of the Subdivision ode where at least one unit is residential. The ode calls for a sales program which promotes affirmative action in housing, a non-transferable tenant right of firstrefusal to purchase the unit occupied by the tenant and various relocation requirements, including the right to a $1,000 relocation payment. The Subdivision ode further provides for a recorded offer of a lifetime lease for all tenants as a condition of final map approval, and requires that no less than 40 percent of the units as represented through the owning or renting tenant of each unit either have signed Intent to Purchase forms or be in a position of accepting the offer for such a lifetime lease. The ode prohibits any increase in rents while the conversion application is pending before the ity. Section 1386, Article 9 of the Subdivision ode of the ity and ounty of San Francisco requires that the Planning ommission disapprove the Tentative Map if it determines that vacancies in the project have been increased, elderly or permanently disabled tenants have been displaced or discriminated against in leasing units, evictions have occurred for the purpose of preparing the building for conversion, or the subdivider has knowingly submitted incorrect information (to mislead or misdirect efforts by agencies of the ity in the administration of the Subdivision ode). In the evaluation of displacement of elderly tenants, the ommission shall consider any such displacements over the preceding three years and the reasons for the displacement. The project was determined not to be a project under EQA Guidelines Sections 15060(c) and because there is no direct or indirect physical change in the environment. The ommission has heard and considered the testimony presented to it at the public hearing and has further considered written materials and oral testimony presented on behalf of the applicant, Department staff and other interested parties. MOVED, that the ommission hereby approves the ondominium onversion Subdivision requested in Application No ND based on the following findings: 2

5 Draft Motion May 24, 2018 REORD NO ND FINDINGS Having reviewed the materials identified in the preamble above, and having heard all testimony and arguments, this ommission finds, concludes, and determines as follows: 1. The above recitals are accurate and constitute findings of this ommission. 2. The applicant requests Planning Department review of a ondominium onversion Subdivision Application to allow for the conversion of the multi-unit building. 3. As required by Section of the San Francisco Subdivision ode, at least three of the units have been owner occupied continuously by one or more of the owners of record for six years prior to the annual April 15 triggering date for this proposed conversion and the owners of record had a fully executed agreement for an exclusive right of occupancy on or before April 15, Tenants in the subject building were notified of their right of first-refusal to purchase the unit they occupy, as required by the Subdivision ode, and of other rights to which they are entitled under provisions of the same ode. 5. A search of the Rent Board database did not show any tenant petitions or no-fault eviction notices filed with the Rent Board in the last 5 years. 6. On balance, the Project is consistent with the Objectives and Policies of the General Plan, as follows: HOUSING ELEMENT Objectives and Policies OBJETIVE 2: RETAIN EXISTING HOUSING UNITS, AND PROMOTE SAFETY AND MAINTENANE STANDARDS, WITHOUT JEOPARDIZING AFFORDABILITY. Policy 2.4 Promote improvements and continued maintenance to existing units to ensure long term habitation and safety. OBJETIVE 3: PROTET THE AFFORDABILITY OF THE EXISTING HOUSING STOK, ESPEIALLY RENTAL UNITS. Policy 3.3: Maintain balance in affordability of existing housing stock by supporting affordable moderate ownership opportunities. 3

6 Draft Motion May 24, 2018 REORD NO ND The Project allows San Franciscans to achieve affordable homeownership by providing a category of housing stock for moderate income housing needs. Through the Expedited onversion Program, properties are eligible to convert from rental units to ownership status so long as owner-occupancy requirements are met. The property owners will be required to correct outstanding code violations identified in a Physical Inspection Report issued by the Department of Building Inspection (DBI). All work must be completed and a DBI ertificate of Final ompletion must be issued prior to DPW approval. 7. Planning ode Section 101.1(b) establishes eight priority-planning policies and requires review of permits for consistency with said policies. On balance, the project complies with said policies in that: A. That existing neighborhood-serving retail uses be preserved and enhanced and future opportunities for resident employment in and ownership of such businesses be enhanced. The proposal would have no adverse effect upon existing neighborhood-serving retail uses as it is a change in form of residential tenure. B. That existing housing and neighborhood character be conserved and protected in order to preserve the cultural and economic diversity of our neighborhoods. The proposal is a change in form of residential tenure and would not alter the existing housing and neighborhood character of the vicinity.. That the ity's supply of affordable housing be preserved and enhanced, No housing would be removed for this project. D. That commuter traffic not impede MUNI transit service or overburden our streets or neighborhood parking. The proposal is a change in form of residential tenure and would not affect public transit or neighborhood parking. E. That a diverse economic base be maintained by protecting our industrial and service sectors from displacement due to commercial office development, and that future opportunities for resident employment and ownership in these sectors be enhanced. The proposal is a change in form of residential tenure and would not involve the industrial or service sectors of the ity. F. That the ity achieve the greatest possible preparedness to protect against injury and loss of life in an earthquake. 4

7 Draft Motion May 24, 2018 REORD NO ND The proposal is subject to inspection by the Department of Building Inspection and will be required to make any code required repairs, including those related to life safety issues, prior to the recordation of the final condominium subdivision map. G. That landmarks and historic buildings be preserved. The proposal is a change in form of residential tenure and would not affect landmarks or historic buildings. H. That our parks and open space and their access to sunlight and vistas be protected from development. The proposal is a change in form of residential tenure and would not affect public parks or open space. 8. The Project is consistent with and would promote the general and specific purposes of the ode provided under Section 101.1(b) in that, as designed, the Project would contribute to the character and stability of the neighborhood and would constitute a beneficial development. 9. The ommission hereby finds that approval of the ondominium onversion Subdivision would promote the health, safety and welfare of the ity. 5

8 Draft Motion May 24, 2018 REORD NO ND DEISION That based upon the Record, the submissions by the Applicant, Department staff and other interested parties, the oral testimony presented to this ommission at the public hearings and all other written materials submitted by all parties, the ommission hereby APPROVES ondominium onversion Subdivision Application No ND. I hereby certify that the Planning ommission ADOPTED the foregoing Motion on May 2, Jonas P. Ionin ommission Secretary AYES: NAYS: ABSENT: ADOPTED: May 2,

9 Block Book Map SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

10 Sanborn Map SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

11 Zoning Map SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

12 Height and Bulk Map SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

13 Aerial Photo SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

14 Aerial Photo SUBJET PROPERTY ondominium onversion Hearing ase Number ND Block 1210 Lot 024

15 Site Photo ondominium onversion Hearing ase Number ND Block 1210 Lot 024

16 Date: March 9,2018 Poject ld607 WORKS slpublicworks org- tel SBIO fa, PUBLI 1155 MarkeL Street. 3rd Floor San Frandiw, A S* N FUAIiIO 3/2s/ Van Lam Rent Stabilization and Arbitration Board Date 3/23/jR Signed / This confirms that the Rent Stabilization and Arbitration Board has reviewed the above buildings for any eviction on or after January 1, 20cc. If evictions have occurred supporting documents h e been attached to this form. See attached documents. An Eviction has occurred on or after January 1,2000. Date(s) of EvictIon: No EvIction(s) have occurred on or after January 1, 3/ca VERHAGEN ity and ounty Surveyor t A kirrjcj / Oi,tlO,LeiII ItflUt47W IJ6.rnII.aIutwhsg.rSIdvn fl fliflin tc.-lanvthøin..wiv A A ki Ofl.I1.13flfl14AtN Sincerely, Bruce R. Storrs, P.L.S. review of this Tentative Map. department. Under these same state and local codes, DPW is required to approve, conditionally approve, or disapprove the above referenced map within 50 days of the receipt of the application. Thank you for your timely Mapping within 30 days of the date of this letter. Failure to do so constitutes automatic approval from your ounty of San Francisco Subdivision ode, your Department must respond to the Bureau of Street-Use and SubdivLsion ode concerning building eviction status, the list below is submitted to your Department for review of any evictions on or after January 1, Under the provisions of the Subdivision Map Act and the ity and Pursuant to Sections 1359(d), (a) & (b) and (1) of the ity and ounty of San Francisco Attention Van Lam San Francisco, A Van Ness Avenue, Suite 320 Arbitration Board rentatlve Map Referral Rent Stabilization and Wdress# treetname Flock ot DLAYTONST ham 24 Piójeäftypè$ Unhi ondà onversion San Francisco Public Woiks Bureau of Street-Use and Mapping w and ounty of San Francisco

17 omplex Building Landlord 228 QYes ONo ause For Eviction Yr Built Date: 1900 MI onstraints Until #oi Units Zip MI 37.9(l) Estoppel Filed? Protected Status laimed Additional 37.S Relocation laim Filed? Number Street Name Virginia Giamo Landlord 228 Nuisance Demolition U ondo onversion Suffix Unlt# Eviction_ID File Date Rent Paid 228 layton Street 1 M /19102 Property Address 4!< > I 1 QYcs ØNo 1 OYes ØNo 1 OYes ØNo larence So Tenant 228 Denise A. Leadbetter (415) Landlord s AgenUAtty/Rep 228 Michael Plotkowski Name (First Ml, last) Primary Phone iher Phone Role Strt * Unft# Active Players Documents êaohijt LI Failure to Sign Lease Renewal o Denial of Access to Unit Ellis Act Withdrawal o Illegal Use of Unit LI Breach of Lease Agreement o Non-payment of Rent o Habitual Late Payment of Rent apital Improvement o Substantial Rehabilitation o Roommate Living in Same Unit o Good Samaritan Tenancy Ends 0 Severance of Housing Service Unapproved Subtenant o Owner Move In o Development Agreement o Other LI Lead Remediation Eviction Notice M020832

18 - Eviction Notice M Property Address 228 layton Number Street Name Building omplex ause For Eviction 0 Non-payment of Rent 0 Habitual Late Payment of Rent 0 Breach of Lease Agreement 0 Nuisance o Illegal Use of Unit Failure to Sign Lease Renewal o Denial of Access to Unit Street Suffix 2 Unit# #f Units Zip 1900 Yr Built o Unapproved Subtenant 0 Owner Move In ondo onversion O Demolition o apital Improvement O Substantial Rehabilitation Ellis Act Withdrawal i irc> M /19102 Eviction_ID File Date Rent Paid El MI 37.9(l) Estoppel Filed? Protected Status laimed 0 OMI onstraints until Date: Q Additional 37.S Relacalion laim Filed? o Lead Remediation O Development Agreement O Good Samaritan Tenancy Ends Roommate Living in Same Unit o Other O Severance of Housing Service Players Related Files Documents : Actions Name (First Ml. Last) John Gough Virginia Giamo Michael Plotkowski Denise A. Leadbetter (415) Primary Phone Other Phone Role Sin # Tenant 228 Landlord 228 Landlord 228 Unil I Active 2 QYes ØNo 2 QYes No 2 Landlords AgenUAttylRep Yes No OYes ONo

19 - Tenant Eviction Notice M Property Address I < > 228 layton Street 3 M /19/02 Number Street Name Suffix Unit# Eviction_ID File Date Rent Paid Q MI 37.9(l) Estoppel Filed? Building #r Units Zip - El Protected Status laimed OMI onstraints Until omplex Yr Built Date: Additional 37.9 Relocation laim Filed? cause For Eviction o Non-payment of Rent El Unapproved Subtenant 0 Lead Remediation o Habitual Late Payment of Rent 0 Owner Move In El Development Agreement El Breach of Lease Agreement 0 ondo onversion 0 Good Samaritan Tenancy Ends o Nuisance El Demolition 0 Roommate Living in Same Unit El Illegal Use of Unit 0 apital Improvement El Other 0 Failure to Sign Lease Renewal 0 Substantial Rehabilitation El Denial of Access to Unit Ellis Act Withdrawal El Severance of Housing Service Players L Related Files Actions Name (First MI. Last) Primary Phone Other Phone Role Sirt It Uni: # Active Johnny Lewis Tenant Yes No urtis Burns Tenant Yes 0 No Janie Butler ö Yes No Virginia Giamo Landlord 3 0 Yes No Michael Plotkowski Landlord Yes 0 No Denise A. Leadbetter (415) Landlord s AgenUAtty/Rep Yes 0 No OYes ONo

20 I - - Eviction Notice M layton Street Number Street Name Suffix Building omplex ause For Eviction 0 Non-payment of Rent Habitual Late Payment of Rent Breach of Lease Agreement 0 Nuisance O Illegal Use of Unit o Failure to Sign Lease Renewal O Denial of Access to Unit Players 1 Unilt # of units Zip 1900 Yr Built 0 Unapproved Subtenant Owner Move In o ondo onversion 0 Demolition O apital Improvement O Substantial Rehabilitation X Ellis Act Withdrawal -rz,;,,_ I ReIatedFIles r.. - Documents O Lead Remediation Development Agreement Good Samaritan Tenancy Ends o Roommate Living in Same Unit O Other o Severance of Housing Service Actions Property Address 4 < > M /19/02 Eviction_ID File Date Rent Paid 0 OMI 37.9(l) Estappel Filed? o Protected Status laimed O MI onstraints UnUl Date: o Additional Relocation laim Filed? Name (First. MI. Last) Primary Phone Other Phone Role Josephine R. Franklin Tenant hristopher Franklin Virginia Giamo Michael Plotkowski - Denise A. Leadbetter (415) Tenant Landlord Landlord Landlord s SIn # AgenVAtty/Rep 230 Unit # I Active QYos 1 Oies 1 as 1 QYes 1 QYes 0 Yes No No 0 No ONo S No 0 No 7

21 Q Additional 37.9 Relocation laim Filed? omplex Yr Built Date: 1900 Q OMl onstraints Until Building It of Units Zip Q Protected Status laimed Number Street Name Suffix Unlt# Eviction_ID File Date Rent Paid 230 layton Street 2 M /19/ LI omi 37.9(l) Estoppel Filed? : : QYes ONo Denise A. Leadbetter (415) Landlord s Agent/Ally/Rep Yes No Michael Plotkowski Landlord Yes SNo Virginia Glamo Landlord Yes NO Gary Engelberg Tenant Yes No William Whittaker Tenant :0 Yes ØNo MonikaJessel Tenant Yes ØNo Name (First, MI, Last) Primary Phone Other Phone Role Slit # Unit # Active fl Players RelatedFIlès Documents I Actions D Illegal Use of Unit apital Improvement Other Nuisance Demolition Roommate Living in Same Unit LI Habitual Late Payment of Rent Owner Move In Development Agreement Non-payment of Rent Unapproved Subtenant Lead Remediatlon Breach of Lease Agreement ondo onversion LI Good Samaritan Tenancy Ends Failure to Sign Lease Renewal Substantial Rehabilitation Denial of Access to Unit X Ellis Act Withdrawal Severance of Housing Service ause For Eviction Property Address El] K > T Eviction Notice M / B

22 -i Building II of Units Zip (415) Virginia Giamo Landlord Petitioner Monika Jessel Johnny Lewis Tenant Respondent Tenant Respondent Janie Butler urtis Burns Files Documents Actions Intent to Wilhdraw Decision Sent: OYes ONo SYes ONo Josephine R. Franklin Tenant Respondent 228 T OSubRehab Start Time: Tenant Record losed: Estimator Fee Landlord Record losed: End Time: Maint Exp osta Hawkins omplex Pet Units Yr Built Street fri Property Address Date Assigned Q Interpreter ADR ounselor Tim Lee Prop I arry Engelberg Michael Plotkowskl William Whlttaker Tenant Respondent Landlord Petitioner John ough Denise A. Leadbetter (415) Yes ONo 228 Yes ONo 230 ØYes ONo 230 ØYes ONo - Tenant V ØYes ONo H GYes ONo Yes ONo QYes DNa Landlord Attorney Yes 0 No O No Tenant Respondent Respondent 228 Tenant Respondent 228 larence So Tenant Respondent enant Respondent 228 hristopher Franklin Tenant Respondent Yes 0 Yes S Yes o No o No Name (First, Ml. Last) Primary Phone Other Phone Role Strt# Unit# Active Players L4 Index_sIjWaa6. ap Imp aic Tenant Requests Re-Rental - EllIs I ost without Interest Other Ground UPT Worksheet OMI Rescission UPT Petition aplmp Seismic Ext of Time onstraints Recorded R&R 6.1S(3) o R&R 1.21 Hearing Date: AL J: omparable Rents Number Street Name Suffix Unlt# Petition Dale Filed Priority layton L /19)02 Ellis Landlord Petition L

23 V Wrongful Eviction Other Ground 228 layton Street - 3 E /4/02 Hearing Date: # of Kids Decision Sent: QYes ONo (First, Ml, Last) -- Name Primary DADR Building # of Units ZIP ounselor c Sec Rod Wong Prop I Number Street Name Suffix Unit# Petition Date Filed Priority -- j[ (Jf Property Address H omplex Yr Built Date Assigned Q Interpreter Tenant Petition E Sally Morin (415) Landlord Attorney Yes No Johnny_Lewis (415) MasterTenant OYes No urtis Burns (415) (415) Tenant Petitioner Yes 0 No Phone Other Phone Role sin # unit # Aclive Players Related Files 1 Documents Actions Index cdes Data Eviction ScreenS Move-in Date: 11/01 o Unlawful Rent Increase Wrongful Severance Tenant Record losed: o R&R6.15(3) End Time: Res. Hotel Visitor Policy Start Time: Passthrough hallenge Dcl OO&M DWRB DUPI Eviction Date Sept-June o Failure to Repair O Decrease in Service Summary Petition A L J: O Tenant Hardship App ase losed Landlord Record losed:

24 Eviction Report Tracker File Date Assigned on Assigned to Status < > ase # E /4/02 I [Rod Wong ase losed Players Name (First, Ml, Last) Primary Phone Olher Phone Role Active urtis Burns (415) (415) tenant Petitioner 0 Yes No ± Johnny Lewis (415) Master Tenant Yes S No Sally Morin (415) I Landlord Attorney Yes S No I I I OYes ONo Just auses Nan-payment of Rent Habitual Late Payment of Rent Breach of Lease Agreement Nuisance Illegal Use of Unit Failure to Sign Lease Renewal Denial of Access to Unit Unapproved Subtenant Owner Move In Attachment Sheet Relative Move In o ondo onversion o Demolition Q Removal from Housing Use apital Improvement fl Substantial Rehabilitation Ellis Act Withdrawal Lead Remediation Development Agreement fl Other 0 Master Tenant Living in Same Unit Owner Living in Same Unit Foreclosure Section 8 Sale of property No Just ause No Advice lause Retaliation Oral Notice Good Samaritan Tenancy Ends The tenant contends that the Notice to Vacate is defective as it fails to comply with the requirements of Rent Ordinance 37.9 (14) (c). Please Inform yourself about the requirements of the San Francisco Rent Ordinance.

25 0 No Unlawful Rent Increase R&R 5.15(3) Johnny_L. Lewis Mike Plotkowskl Giamo Andrew M. Zacks (415) Res. Hotel Visitor Policy Failure to Repair Decrease in Service Documents Eviction Screens Tenant Petition cl o&m DwRB up1 Petition losed Tenant Maria Martinez Prop I r 228 layton Street /23/02 Property Address - (NL <ix!!fl SNo 3123!201 8 I Number Street Name Suffix Unlt# Petition Date Filed Priority Building # of Units Zip ounselor c Sec /25/02 DADR I omplex Yr Built Date Assigned Q Interpreter Wrongful Eviction Landlord Respondent a Wang_Data Slart Time: - Virginia Denise Leadbetter Eviction Date Sept-June 4 or Kids Tenant Hardship App Landlord Other Phone Rote (415) Tenant Petitioner Landlord Respondent Landlord Attorney Landlord Attorney Actions Index odes Other Ground Passthrough hallenge o Summary Petition o Wrongful Severance AL J: Name (First MI, Last) Primary Phone Players [ iei.. o Yes QYcs SNo Hearing Date: End Time: Record losed: Record losed: Decision Sent: Move-in Date: 6/86 Stn # Unit # Active QYes ØNo O Yes O Yes No 0 Yes No V

26 Phmary Eviction Report Tracker File Date F 4/23/02 Assiued on Assigned to Status 2/25102 FMaria Martinez Petition losed I ase# [Eo2o685 Players Name (First. Ml. Last) - Phone Other Phone Role Johnny L. Lewis (415) Tenant Petitioner Mike Plotkowski Landlord Respondent Virginia Giamo Landlord Respondent Andrew M. Zacks (415) Landlord Attorney Denise Leadbeffer Landlord Attorney..4<4fryr ActrQe QYes ØNo OVes ØNo QYes ØNo QYcs ØNo OYes No OYes QNo -i Just auses Non-payment of Rent Relative Move In Master Tenant Living in Same Unit Habitual Late Payment of Rent ondo onversion fl Owner Living in Same Unit Breach of Lease Agreement Demolition Foreclosure Nuisance Removal from Housing Use Q Section 8 Q Illegal Use of Unit apital Improvement Q Sale of property Q Failure to Sign Lease Renewal Substantial Rehabilitation Q No Just ause Denial of Access to Unit fl Ellis Act Withdrawal Q No Advice lause Unapproved Subtenant Lead Remediation Retaliation Owner Move In Q Development Agreement fl Oral Notice Attachment Sheet Other Good Samaritan Tenancy Ends the Iongtcrm tenant since June 1986, alleged that he is a dlsahled penon, and that repairs bud to be made to his unlt.thc tenant alleges Iliac the eviction is in bud rain,. Rent Ordinance 37.9(c) requires that the ground(s) enumerated In the eviction notice must be the landlord s dnminnnt mntiup for recovering possession (emphasis supplied). WARNINS TO LANDtORD: Rent Ordinance 37.9 (e) and (f) provide for substantial criminal and civil penalties tar ANY person who endeavors to recover possession or recovers possession in violation of Rent Ordinance 37.9(a). IN ADDITION, the landlord should be aware that ills a serious violation of state and local law for a landlord to retaliate - or threaten to retaliate - against a tenant for the tenant s peaceful exercise of any legal right(s). Rae, ag., Rent OrdInance 37.9(d) and alifornia ivil ode