SEC. 1386. DENIAL OF TENTATIVE MAP.
§ 1386
The Planning Commission must deny a tentative map (subdivision approval) for residential conversion if the project has increased vacancies, displaced elderly or disabled tenants, conducted evictions to prepare for conversion, raised rents far above the cost-of-living index, or involved knowingly false information; denial bars reapplication for 18 months.
When a landlord wants to split up a building into separate units (a tentative map), the city must reject the application if certain problems exist: the building has more empty units than before, elderly or disabled renters were pushed out or treated unfairly, tenants were evicted to make way for conversion, rents went up much faster than the cost of living (unless the increases paid for required building repairs), or the landlord lied to the city. If the city denies the application for these reasons, the landlord cannot apply again for 18 months.
- Controversial:This section involves displacement of tenants and rent increases—issues around which San Franciscans have passionate and divided views on housing policy and tenant protection.
- Complex:The section contains multiple conditions, cross-references to external indices (Bay Area Cost of Living Index), carve-outs (Code-required improvements), and overlapping evaluation criteria (vacancy rates, displacement history, rent history) that interact in ways requiring careful interpretation.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
When the City Planning Commission determines that vacancies in the project have been increased, or elderly or permanently disabled tenants displaced or discriminated against in leasing units, or evictions have occurred for the purpose of preparing the building for conversion, or if rents in the project over the previous 18 months preceding the date of filing the application have been increased substantially greater than any increase in the residential rent component of the "Bay Area Cost of Living Index, U.S. Dept. of Labor," (except for increases reasonably related to construction of Code-required capital improvements directly related to Code enforcement, or to recoup the costs thereof), or when the City Planning Commission determines that the subdivider has knowingly submitted incorrect information (to mislead or misdirect efforts by agencies of the City and County of San Francisco in the administration of this Code), the Tentative Map shall be disapproved and the subdivider may not reapply for 18 months from the date of denial. In evaluation of the current vacancy level under this Section, the increase in rental rates for each unit over the preceding five years and the average monthly vacancy rate for the project over the preceding three years shall be considered. In the evaluation of displacement of elderly tenants any such displacements over the preceding three years, and the reasons therefor, shall be considered.
(Amended by Ord. 86-81, App. 2/20/81)