SEC. 1304. ENFORCEMENT.
§ 1304
This section makes it unlawful to sell or lease a subdivision without a recorded Final Map or Parcel Map, requires city officials to deny permits that conflict with subdivision rules, and establishes enforcement mechanisms including criminal penalties (fines up to $2,000 and/or jail time up to six months), civil injunctions, and a private right of action for tenants of converted properties.
You cannot sell or rent out subdivided land unless the official subdivision maps have been recorded with the city. City officials must refuse permits that break these subdivision rules. People who break these rules can be charged with a misdemeanor, face fines up to $2,000 and/or jail time up to six months, and face each day of violation as a separate offense. The Director of Public Works can order people to stop or fix violations, ask the City Attorney to get court orders stopping the violation, or ask the District Attorney to prosecute. Tenants of properties being converted can also sue for damages (at least three times the actual harm they suffered), attorney's fees, and whatever other relief a court thinks is fair.
- Controversial:The criminal penalties for subdivision violations and the treble damages (three times actual damages) available to tenants in civil lawsuits reflect strong enforcement posture that reasonable people may view differently depending on their stance toward property development, tenant protections, and housing policy.
- Could be simpler:Subsection (c) could be clearer by explicitly defining which parties are subject to which penalties, since the list of potential violators (subdivider, agent, successor, tenant, purchaser, builder, contractor, etc.) is long and the relationship between each and criminal liability is not always obvious.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) It is unlawful for any person, firm, corporation, partnership or association to offer to sell or lease, contract to sell or lease, or sell or lease any subdivision or any part thereof until a Final Map or a Parcel Map thereof, in full compliance with the provisions of this Code and SMA, has been duly recorded in the office of the Recorder.
(b) All departments, officials and public employees of the City, vested with the duty or authority to approve or issue permits, shall conform to the provisions of this Code and shall neither approve nor issue any permit or license for use, construction, or purpose in conflict with the provisions of this Code. Any such permit or license issued in conflict with the provisions of this Code shall be null and void.
(c) Any subdivider, agent of a subdivider, successor in interest of a subdivider, tenant, purchaser, builder, contractor or other person who violates any of the provisions of this Code or any conditions imposed pursuant to this Code, or who knowingly submits incorrect information to endeavor to mislead or misdirect efforts by agencies of the City and County of San Francisco in the administration of this Code, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $2,000 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(d) The Director of Public Works shall have the authority to enforce this Code against violations thereof by any of the following actions:
(1) The Director may serve notice requiring the cessation or correction of any action in violation of this Code upon the subdivider, agent of the subdivider, successor in interest of the subdivider, tenant, purchaser, builder, contractor or other person who commits or assists in such violation;
(2) The Director may call upon the City Attorney to maintain an action for injunction to restrain or abatement to cause the correction of any such violation; and
(3) The Director may call upon the District Attorney to institute criminal proceedings in enforcement of this Code against any such violation.
(e) The current or former tenant or tenants of the property proposed for conversion may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages, and whatever other relief the Court deems appropriate. The prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the Court. The remedy available under this subsection shall be in addition to any other existing remedies which may be available to the tenant or tenants.
(Amended by Ord. 86-81, App. 2/20/81)