SFAA Fights Billboard Giant for Property Rights
Thanks to all SFAA members who wrote letters to the Board of Permit Appeals on behalf of our member Tony Lee whose billboard was removed from his building without his permission. We are happy to announce that Lee prevailed in a remarkable 4-0 victory against Clear Channel. It was a great moment for all San Francisco property owners.

Alledgedly, the large billboard company improperly, and without any notice, removed a sign and the entire billboard structure from Lee’s property. Clear Channel initially offered to rent the sign from him at a below-market rate. When he refused to sign the lease, the billboard company secretly removed the sign, with no proper permit or permission, and tried to prevent the property owner from replacing the sign. Clear Channel also tried to prevent Lee from signing a lease with a competing billboard company.

Lee asked the Board of Appeals to rule that the permit to remove the sign was improperly issued and that he should be granted a permit to build a replacement sign. Many SFAA members sent their letters of support to the Board of Appeals. In the end, the board decided unanimously in favor of Lee, though there are some unresolved legal issues that will need to be sorted out before we have any legal standard to apply to the ownership of billboards and billboard revenue. SFAA will monitor this process and keep you posted as we progress.

Water Passthrough at the Board
San Francisco Supervisor Michaela Alioto-Pier has introduced legislation to create a passthrough for the city’s new higher water rates, which would cover 50% of the increased rates, or 70% in buildings with additional conservation amenities like low-flow fixtures. SFAA and the San Francisco Public Utilities Commission support a direct passthrough that would not require a San Francisco Rent Board petition to pass the fees on to tenants.

SFAA is working with the supervisors on the issue but, at press time, the board still had not determined exactly what the specifics of the passthrough would be, or if a passthrough would be passed at all. The board has until January 1, 2008, to agree to the passthrough to meet SFAA’s deadline. Stay tuned to this column for further updates.

SFAA Goes Paperless
Starting January 2008, SFAA will go greener by becoming an email-driven organization. For example, rather than reminding members of the monthly meetings via postcards, you will receive email notices about the meetings, as well as other events. The organization will also put more of its communications online at www.sfaa.org, creating a more comprehensive website for members. If you are not currently receiving SFAA’s email communications, please contact Member Services Coordinator Maria Shea at 415-255-2288 or via email at maria@sfaa.org.

SFAA Holds Newsom Fundraiser
On October 30, 2007, SFAA hosted a $500-a-head fundraiser for Mayor Gavin Newsom to help in his re-election campaign. Approximately 50 members turned out to Norman Larson’s historic Haight-Ashbury home to hear the mayor discuss some of the highlights from his State of the City address. In keeping with the location of the event, funky, hand-screened blacklight posters of the mayor were created just for the occasion. “It was a great event,” said SFAA Executive Director Janan New.

Holiday Party December 17
SFAA’s annual holiday party will be held at Fort Mason on December 17, from 6 p.m. to 8 p.m. The dessert party will be held in lieu of the membership meeting for December. All members should come out and attend this festive event. All associate members who wish to participate in the holiday party should contact SFAA Education and Events Director Vanessa Khaleel at vanessa@sfaa.org or 415-255-2288.

Ballot Initiative Could Invalidate Rent Control
A new property rights initiative that may come before voters in June has a provision that would phase out San Francisco’s rent control laws. The Howard Jarvis Taxpayers Association filed an initiative late last year with the California Attorney General’s Office that is similar to last November’s defeated Proposition 90 in a number of respects: it would disallow eminent domain and it would permit so-called “regulatory takings”—compensation to property owners for “damage” done to their properties due to almost any governmental regulations. However, the Jarvis initiative, entitled the California Property Owners & Farmland Protection Act, differs from Prop. 90 in one crucial way—while Prop. 90 would have only allowed regulatory takings for new legislation, the Jarvis initiative would be retroactive. The language of this initiative specifically defines “damage” as “limiting the price a property owner may charge another person to purchase, occupy or use his or her property.” Therefore, if this proposition passes, it would “nullify rent control and inclusionary housing provisions,” confirmed Jesse Smith, San Francisco’s chief assistant city attorney. However, the change would only apply to units once they are vacated, it would not immediately decontrol units whose occupants have been living under rent control.

Smith was speaking on a panel held by the San Francisco Planning and Urban Research Association concerning possible new eminent domain legislation. The panel was in agreement that the strong showing for Prop. 90 (it received 47.5% of the vote), despite the lack of a substantial pro-90 campaign, emboldened property rights groups to put another measure on the ballot quickly. Backers for the Jarvis initiative have begun a signature gathering campaign and hope to put the act before the voters in the June 2008 election.

DBI Holds Second Annual Summit
For the second year, the San Francisco Department of Building Inspection hosted its annual summit, allowing members of the public to learn about the city’s building code and requirements and ask for clarification from a host of the department’s senior staff. SFAA Executive Director Janan New once again sat in on a discussion of landlord-tenant issues and tried to relay to the audience how important it is not to defer maintenance, no matter how onerous it may be. “It’s a lot of hard work keeping the housing stock up to these standards,” she conceded. She added that many landlord-tenant problems can be solved through the department’s Code Enforcement Outreach Program, where representatives from SFAA and tenant advocacy groups work together to try to solve code violations in the hopes of removing the animosity possible during these encounters. “I’m proud to be one of the people who started the program,” said New. “It’s one of the most successful programs for getting landlords and tenants to communicate.”

Other sessions focused on green building, earthquake preparation, condo conversion and residential remodels. For those wondering when to expect their inspector, a rep from the Plan Check department gave the tip to call DBI between 7:30 a.m. and 8:30 a.m. to find out the approximate time the inspector should be coming to your property. Another tip came courtesy of the condo-conversion seminar: DBI inspector John Cuneo suggested that the most important part of the whole process is to have cooperation from your neighbors before getting started. “You all have to be on the same page or you’ll never reach the goal line,” he said.