Monday, December 19, 2005

SF Supervisors May Change Condo Lottery

Supervisors Expected to Approve Prioritizing Condo Conversion Lottery Based on Seniority and Increasing Eligibility Requirements for Conversion
-article provided by San Francisco Association of Realtors

Today, the San Francisco Board of Supervisors will be voting, on final reading, on legislation proposed by Supervisors Bevan Dufty and Jake MCGoldrick to prioritize the condominium conversion lottery based on seniority of participation in prior lotteries.

Pool A still would consist only of those participants that have failed in at least 3 prior lotteries; however, the selection process would group participants into classes based on the total number of years of participation in prior lotteries. If all the participants in the most senior class(es) constitute less than the 100 units allocated to Pool A, then all participants in the most senior class(es) are automatically selected. If the next most senior Pool A class would result in Pool A exceeding 100 total units, then DPW would conduct a random lottery among the participants in that class to reach a maximum of 100 total units. All applicants eligible for Pool A must certify that certain evictions of elderly, disabled, or catastrophically ill tenants have not taken place sine January 1, 2000. If an applicant cannot certify such information, the applicant is ineligible for Pool A and participates only in Pool B; however, these applicants are eligible for the entire allotment of units in Pool B.

After the entire Pool A selection process, DPW would conduct the Pool B lottery. As in the current lottery process, Pool B would consist of all Pool A participants that were not selected in that year’s Pool A lottery and all other participants. Pool B also includes all applicants that could not certify that certain evictions have not taken place since January 1, 2000. DPW would select the Pool B winners by random lottery with each participant having one ticket for the current year and an additional ticket for each year that the participant lost in a prior lottery. Unlike the current law, this legislation would not limit a participant to a 5-ticket maximum. DPW would draw Pool B tickets until it reaches the maximum 200-unit annual limit. Thereafter, DPW would select participants for the stand-by list by randomly drawing tickets among each remaining class based on class seniority. If a specified eviction, as defined in Section 1396.1(g)(1), occurred in a building and DPW does not select that building as part of the last 25 units remaining in Pool B, then DPW will randomly select such building(s) for the stand-by list but only after it has selected all other buildings for the stand-by list.

Pool A eligibility requires that each applicant for the lottery certify under penalty of perjury that since January 1, 2000, no eviction as defined in San Francisco Administrative Code Section 37.9(a) (8)-(14) of a senior, disabled person, or catastrophically ill tenant has occurred, or if an eviction has taken place under Administrative Code Section 37.0(a) (11) or (14), that the original tenant reoccupied the unit after a temporary eviction. If an applicant for Pool A cannot satisfy this certification requirement, the applicant shall participate in Pool B.

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