Homes Not Jails is Back!

The following legislation is being introduced to open all vacant city buildings over for shelter.


BE IT ORDAINED BY THE CITY OF SAN FRANCISCO AS FOLLOWS:

Section 1.
Title. This ordinance shall be cited as the "Surplus City Property
Ordinance"

Section 2.
A. Findings. The Board of Supervisors of the City and County of San
Francisco hereby finds:

1. Homelessness in San Francisco has reached crisis proportions.
Estimates of the number of homeless range from 8,000 to 24,000.

2. The City of San Francisco holds title to 5,117 acres of real
property within San Francisco.

3. The 1993-94 Civil Grand Jury reported that there are approximately
20 city owned properties which are considered now to be "surplus."

4. The 1993-94 Civil Grand Jury reported that the City lacks a
"coherent policy" in regards to real estate management; the actual
number of surplus properties may well exceed the 20 already identified.

5. Surplus city property could be utilized for housing for people who
are homeless.

6. Surplus city property which is unsuitable for housing could be sold
to generate income for permanent housing for people who are homeless.

7. San Francisco's rental housing is unaffordable for many residents.
The average rent for a two bedroom apartment has increased by 100% since
1980. Less than 30% of San Francisco residents can afford the rent of a
two-bedroom apartment.

8. Low-income housing in San Francisco, especially housing provided in
residential hotels, is a scarce and diminishing resource. Since 1975
over 5,000 residential hotel rooms have been converted to other use or
demolished.

9. There exists an extreme shortage of low-income rental housing in
the City, resulting in a negligible vacancy rate for habitable
low-income housing.

10. Many lower income tenants are unable to locate rental housing of
any kind. These homeless persons are increasingly seeking housing in
already overcrowded emergency shelters and, when such shelters are full,
finding themselves on the city's streets.

11. Due to the drastic reduction in public funding, particularly
federal funding, allocated to low-income housing since 1980, there are
very few resources available to preserve or add new units to the
existing supply of low-income housing.

12. Existing rental units constitute most of the remaining low-income
rental housing in the City. The number of such units is diminishing as
a result of increased pressure for more intensive development both
downtown and in many neighborhoods.

13. Frequently, development speculation results in the premature
closure of habitable existing buildings and the withdrawal of rental
units from the market long before such closure would be needed for any
physical redevelopment of such buildings' sites.

14. Because of the conditions described above, there exists in the
City a housing emergency. This necessitates that existing unused,
underutilized and surplus city property be used for housing or to
generate needed revenues for housing.

B. Purpose.
This ordinance, therefore, is enacted to:

1. identify and utilize city owned property for the purpose of
providing housing, shelter and other services for people who are
homeless;

2. relieve the crisis of homelessness in the City of San Francisco;

3. to provide low or no cost facilities for agencies serving people
who are homeless;

4. to provide sweat-equity opportunities to provide permanent housing
for homeless people whereby the vacant buildings can be rented to
homeless people in exchange for the rehabilitation and repair of the
units;

5. to responsibly dispose of surplus city property in a manner which
will ensure that the property or its proceeds will benefit the people of
San Francisco

Section 3. Identification of Suitable Property
A. Agency Review of Property

1. On a quarterly basis, each department, agency or political
subdivision of the City of San Francisco shall compile a list of all
real property which is under its control.

The list shall include at least the following:

(a) The address of the property;

(b) The current use of the property or any planned use of the property
within the next three months;

(c) Whether or not the property contains any structure or structures;

(d) Whether or not the property is now vacant or scheduled or
anticipated to be vacant within the next three months;

(e) If the property is vacant or contains vacant structures, whether
the property is classified as "surplus," "excess," "unutilized," or
"underutilized" as defined herein.

(f) A general description of any structure(s) on the property as well
as an assessment of their condition and possible uses;
B. Review of Information by Mayor's Office of Housing

1. On a quarterly basis, each landholding agency shall submit to the
Mayor's Office of Housing the listing of all real property under its
control, as set out in Section 3 A. 1.

2. The Mayor's Office of Housing shall, on a quarterly basis, compile
the information from each landholding agency regarding real properties
that are controlled by landholding agencies.

No later than 14 days after receiving a request from the Mayor's Office
of Housing, the head of each landholding agency shall transmit such
information to the Mayor's Office of Housing. 3. No later than thirty
days after receiving such information, the Mayor's Office of Housing
shall evaluate the real property and identify, and publish, which of the
buildings and other properties are suitable for use to assist people who
are homeless.
C. Suitability Determination By MOH

1. Any property which is excess, surplus, underutilized or unutilized
shall be made available for the purpose of assisting people who are
homeless.

2. The determination of whether a real property is excess, surplus,
underutilized, or unutilized shall be made by a citizens committee under
the Mayor's Office of Housing in consultation with the landholding
agency.

A. The citizens committee shall consist of three members appointed by
the Board of Supervisors and two members appointed by the Mayor. A
representative from the Department of Real Estate shall serve as an
ex-officio member. Appointees shall include at least two members are
either: (1) a person who is homeless; or, (2) a representative from the
non-profit housing development agencies.

B. Any property which is currently vacant and for which there are no
plans for utilization within the next bthree months shall be rebutably
presumed to be considered surplus, excess, unutilized or underutilized.
D. Property Unsuitable For Use

1. Vacant property which the citizens committee determines to be
unsuitable for use to meet the purposes of this ordinance shall be sold
at a public auction with the proceeds of the sale to be reserved
exclusively for the purpose of financing affordable housing in San
Francisco.

2. All surplus, excess, unutilized or underutilized property shall be
deemed suitable for use uder the purposes of this ordinance unless the
citizens committee determines that the physical condition of the
property would make its use unsafe.
D. Utilization of Property

1. Excess, surplus, unutilized or underutilized property which the
citizens committee determines to be suitable for use shall be used, as a
first priority, for the development of permanent affordable housing for
people who are homeless.

(a) Housing provided under this ordinance shall be permanent housing
which remains permanently affordable for the life of the property;

(b) Tenants' rents in shall not exceed 25% of the tenant's income;

(c) Projects in which people who are homeless rehabilitate and
renovate property in exchange for their tenancy or sweat equity in the
property shall be encouraged.

2. A second priority for use of surplus, excess, underutilized, or
unutilized property shall be for soup kitchens, offices, shelters, or
other services for people who are homeless.

3. Non profit agencies serving people who are homeless or people who
are homeless shall be eligible to lease the property from the City of
San Francisco for the sum of $1 per year or the property title may be
transferred to a non profit agency for the sum of $1.

(a) Any arrangement which involves transfer of the title shall include
limited equity provisions whereby the agency recieving title may not
re-sell ior transfer that property at a profit. Further, there shall be
deed restrictions which require that future use of the property be
maintained as serving people who are homeless.
E. Duties of City Agencies

Each city agency shall maintain adequate inventory controls and
accountability systems for the property under its control and
continuously survey property under its control to determine which is
excess property, and promptly report such property to the Mayor's Office
of Housing.

F. Availability of Property

1. The Mayor's Office of Housing shall promptly notify each local
agency with respect to any property of that agency that the Mayor's
Office of Housing has identified under Section 3. C. above. No later
than 45 days after receipt of such a notice, the head of the appropriate
landholding agency shall transmit to the Mayor's Office of Housing the
agency's response to property identifications contained in such
notification. This response shall include:

(a) in the case of unutilized or underutilized property:

(i) a statement of intention to determine the property excess to
the agency's needs;

(ii) a statement of intention to make the property available for
use to assist the homeless; or

(iii) a statement of the reasons (including a full explanation of
the need) the property cannot be determined excess to the agency's needs
or made available for use to assist the homeless; and

(b) in the case of excess property:

(i) a statement that there is no other compelling local need for
the property and, therefore, the property will be determined surplus; or

(ii) a statement that there is further and compelling local need
for the property (including a full explanation of such need) and that,
therefore, the property is not presently available for use to assist the
homeless.

2. All properties identified by the Mayor's Office of Housing under
Section 3. C. above shall be available for application unless the
landholding agency provides compelling reason as to why the property
should not be made available.

3. The Mayor's Office of Housing shall maintain a written public record
of:

(a) the identification of buildings and other properties by the
Mayor's Office of Housing under this ordinance and the reasons for such
identifications; and

(b) the responses of landholding agencies to such identifications.
G. Publication of Properties

1. (a) No later than 15 days after the last day of the 30 day period
provided for under Section 2.B.3. of this ordinance, the Mayor's Office
of Housing shall publish in a newspaper qualified to print public notice

(i) a list of all properties reviewed by the Mayor's Office of
Housing under section (A) of this ordinance; and

(ii) a list of all properties that are available under Section 2.B.3.
of this ordinance for application for use to assist the homeless.

(b) Each publication of properties shall include a description and the
location of each property (including the address and zip code) and the
current classification of each property as unutilized, underutilized,
excess property or surplus property.

(c) The Mayor's Office of Housing shall make available to the public
upon request all information in the possession of the Mayor's Office of
Housing, regardless of format, about all properties reviewed and not
identified as being suitable for use to assist the homeless, including
the reasons such properties were not so identified.

(d) The Mayor's Office of Housing shall publish separately, on an
annual basis, all properties identified as being suitable for use to
assist the homeless, but reported to be unavailable, and the reasons
such properties were unavailable.

(2) (a) No later than 15 days after the last day of the 45 day period
provided for under section (C)(1) of this ordinance, the Mayor's Office
of Housing shall transmit a copy of the list of available properties
published to the private and public agencies serving people who are
homeless.

(b) The Mayor's Office of Housing shall make such efforts as are
necessary to ensure the widest possible dissemination of the information
on the list.

(c) The Mayor's Office of Housing shall establish a telephone number
to provide the public with specific information about properties on such
list.

(3) The Mayor's Office of Housing shall make available to the public
upon request all information (other than valuable information)
regardless of format in possession of the Mayor's Office of Housing
about the properties published, including environmental assessment data.
The Mayor's Office of Housing shall maintain a current list of agency
contacts for making referrals of inquiries for information about
specific properties.

(4) (a) On December 31 of each year, the head of each landholding
agency shall report to the Mayor's Office of Housing the current
availability status and the current classification of each property
controlled by the agency, that:

(i) was included in a list published in that year by the Mayor's
Office of Housing under paragraph (1)(a)(ii); and

(ii) remains available for application for use to assist the homeless
or has become available for application during that year.

(b) No later than February 15 each year, the Mayor's Office of Housing
shall publish a list of all properties reported under Section 3 for the
preceding year and the current classification of the properties.

(c) For purposes of paragraph (4)(a) above, property shall not be
considered to remain available for application for use to assist the
homeless after the 60 day holding period provided under this ordinance
if an application for or written expression of interest in the property
is made under any law for use of the property for any purpose.
(F) Outreach

The Mayor's Office of Housing must initiate an outreach program that
provides direct information to homeless providers on the properties that
are available. As part of this program, the Mayor's Office of Housing
shall sponsor at least once a year a workshop or seminar to educate
potential applicants about the program and how to apply for property.
The Mayor's Office of Housing shall advertise and promote the holding of
such workshop or seminar to reasonable inform those persons and groups
who might be interested in the workshop or seminar.
H. Holding Period

1. Properties published under Section 3 of this ordinance as available
for application for use to assist the homeless shall not be available
for any other purpose for a period of 60 days beginning on the date of
such publication.

2. If written notice of intent to apply for such a property for use to
assist the homeless is received by the Mayor's Office of Housing within
the 60 day period described above, such property may not be made
available for any other purpose until the date the Mayor's Office of
Housing or other appropriate landholding agency has completed action on
the application submitted under this ordinance with respect to that
written notice of intent.

3. Property that is reviewed by the Mayor's Office of Housing under
this ordinance and that is not identified by the Mayor's Office of
Housing as being suitable for use to assist the homeless may not be made
available for any other purpose for 20 days after the determination of
unsuitability to allow for review of the determination at the request of
the representative of the homeless.

4. (a) Written notice of intent to apply for a property published under
Section 3 of this ordinance may be filed at any time after the 60 day
period described in paragraph (1) has expired. In such case, an
application submitted pursuant to the notice may be approved for
disposal for use to assist the homeless only if the property remains
available for application for use to assist the homeless. If the
property remains available, the use to assist the homeless shall be
given priority of consideration over other competing disposal
opportunities.

(b) Surplus property for which an application has been approved shall
be assigned promptly to the Mayor's Office of Housing for disposition in
accordance with and subject to section (H) of this ordinance.
Section 4. Application for Property

A. A non profit agency serving people who are homeless or people who
are homeless may submit an application to the Mayor's Office of Housing
for any property that is published under this ordinance as available
for application for use to assist the homeless.

B. No later than 90 days after the submission of written notice of
written notice of intent to apply for a property, an applicant shall
submit a complete application to the Mayor's Office of Housing. The
Mayor's Office of Housing shall, with the concurrence of the appropriate
landholding agency, grant reasonable extensions.

C. No later than 25 days after receipt of a completed application, the
Mayor's Office of Housing shall review, make all determinations, and
complete all actions on the application. This period may be extended by
agreement of Mayor's Office of Housing and the applicant. The Mayor's
Office of Housing shall make and maintain a written public record of all
actions taken in response to an application.

D. The Mayor's Office of Housing must provide with each application
packet sent to interested persons a notice identifying the San Francisco
Coalition on Homelessness and its telephone number and stating its
availability to assist homeless providers in resolving any problems that
may arise in the application and leasing processes. MOH must also
include notice in the application material that MOH staff persons are
available to assist in the application process, and the telephone number
that the applicant may call to obtain that assistance.
Section 5. Making Property Available For People Who Are Homeless

1. Subject to the provisions of this section, property for which the
Mayor's Office of Housing has approved an application under this
ordinance shall be made promptly available by permit or lease, or by
deed to the non profit agency or representative of the people who are
homeless that submitted the application.

(2) Unutilized or underutilized property that is the subject of an
agency's statement of intention under section ______ of this ordinance
shall be made promptly available by the appropriate landholding agency
to the approved applicant by lease or permit for a term of not less than
1 year, unless the applicant requests a shorter term.

3. (a) In disposing of surplus property by deed or lease, the Mayor's
Office of Housing shall give priority of consideration to uses to assist
the homeless, unless the the Mayor's Office of Housing determines that a
competing request for the property is so meritorious and compelling as
to outweigh the needs of the homeless.

(b) Whenever the Mayor's Office of Housing makes a determination under
paragraph ____, the Administrator or the Mayor's Office of Housing shall
transmit to the Board of Supervisors an explanatory statement detailing
the need satisfied by conveyance of the surplus property and the reasons
for determining that such need was so meritorious and compelling as to
outweigh the needs of the homeless.

4. For any property made available by lease to a representative of the
homeless before enactment of this ordinance, the Mayor's Office of
Housing may, upon written request by the representative, convey such
property by deed to the representative in accordance with, and subject
to the requirements of applicable local law. The lease term shall not
be affected if the deed is not granted.

B. Records

The Mayor's Office of Housing shall maintain a written public record
of:

(1) the reasons for determination of the Mayor's Office of Housing
under this ordinance that property is suitable or unsuitable for use to
assist the homeless; and

(2) the responses of landholding agencies under section (C)(1) of this
ordinance.

(K) Definitions
For purposes of this ordinance:

(1) the term "Administrator" means the designee of the Director of the
Mayor's Office of Housing;

(2) the term "excess property" means any property under the control of
any local agency that is not required for the agency's needs or the
discharge of its responsibilities, as determined by the head of the head
of the agency;

(3) The term "homeless" means:

(a) An individual or family that lacks a fixed, regular, and adequate
nighttime residence; and

(b) an individual or family that has a primary nighttime residence
that is:

(i) a supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);

(ii) an institution that provides a temporary residence for
individuals intended to be institutionalized; or

(iii) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings. This term does
not include any individual imprisoned or otherwise detained under an Act
of the Congress or a State law.

(2) the term "landholding agency" means any local department or agency
with statutory authority to control real property;

(3) the term "property" means any interest in real property except
lands reserved or dedicated for open space or park purposes; roads;
transit lines; etc.

(5) the term "surplus property" means any excess real property which is
now vacant and is not required by any local landholding agency for its
needs or the discharge of its responsibilities, as determined by the
Mayor's Office of Housing in consultation with the agency;

(6) the term "underutilized" means an entire property or portion
thereof, with or without improvements, which is used only at irregular
periods or intermittedly by the accountable landholding agency for
current program purposes of that agency, or which is used for current
program purposes that can be satisfied with only a portion of the
property;

(7) The term "unutilized property" means an entire property or portion
thereof, with or without improvements, not occupied for current program
purposes for the accountable executive agency or occupied in caretaker
status only.

Is this legislation going to be through a city ballot initiative whereby the public gets to vote or is this an appeal to a few politicians to be good? If its the latter I'm afraid that you will be giving legitimacy to a hierarchy known as "representative democracy" that has perpetuated this housing crisis throughout the years by those on top following their own upper class interests.
Let the people of San Francisco decide.