The Bay Citizen: The Small-Time Landlord vs. Big-Time Tenants' Rights
San Francisco's strong renter protections are a big reason why the city has the region's highest vacancy rate.
In San Francisco, one of the toughest places in the country to find a place to live, more than 31,000 housing units — one of every 12 — now sit vacant, according to recently released census data. That's the highest vacancy rate in the region, and a 70 percent increase from a decade ago. (Scroll down to see a map of vacant housing units in the Bay Area.)
To know one big reason why, ask Wayne Koniuk. By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.
But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne's adult children would always have a place to live.
"For eternity," Koniuk recalls his father saying, "my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family."
Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco's extraordinarily pro-tenant housing laws, landlords can do this only once per building.
So while Koniuk desperately wants to move his younger son into the building's other four-bedroom apartment, he cannot. He is exploring legal options. Robert Murphy, who has lived there for 30 years without a lease, remains, paying $525.82 a month.
Last spring, Koniuk offered Murphy $45,000 to move out. Murphy's lawyer demanded $70,000, a sum Koniuk says he does not have. Meanwhile, the city's Rent Board notified Koniuk that he was allowed to increase Murphy's monthly rent this year by $2.63. …
… "Vacancy rates are going up because owners have decided to take their units off the market," said Ross Mirkarimi, a progressive member of the Board of Supervisors. He attributes that response to "peaking frustrations in dealing with the range of laws that protect tenants in San Francisco that make it difficult for small property owners to thrive."
Perversely, that is hurting the city's renters as well, as a large percentage of the city's housing stock is allowed to just sit vacant, driving up rents that newcomers pay for market-rate housing. …
I took an urban economics graduate class at Eastern University in 1988. Several times we looked at case studies of urban policy with bad unintended consequences. The poster child for this type of policy was rent control. There is a direct correlation between the degree of rent control and homelessness. Rent controls generally end the construction of new rental properties, take existing rental properties off the market, and drive the cost of housing up for everyone except those who manage to hang on to rent-controlled apartments they held when rent control went into effect.
This consequence of rent control had been known for over a decade when I studied it in 1988. Something like 90%+ of economists believe rent control is a seriously flawed public policy. Yet here we are 23 years later, and progressive legislators still don't "get it." It is truly remarkable how this bulwark of well-intentioned activism can keep such traction despite at least forty years of overwhelming evidence for its failure.
In San Francisco, one of the toughest places in the country to find a place to live, more than 31,000 housing units — one of every 12 — now sit vacant, according to recently released census data. That's the highest vacancy rate in the region, and a 70 percent increase from a decade ago. (Scroll down to see a map of vacant housing units in the Bay Area.)
To know one big reason why, ask Wayne Koniuk. By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.
But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne's adult children would always have a place to live.
"For eternity," Koniuk recalls his father saying, "my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family."
Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco's extraordinarily pro-tenant housing laws, landlords can do this only once per building.
So while Koniuk desperately wants to move his younger son into the building's other four-bedroom apartment, he cannot. He is exploring legal options. Robert Murphy, who has lived there for 30 years without a lease, remains, paying $525.82 a month.
Last spring, Koniuk offered Murphy $45,000 to move out. Murphy's lawyer demanded $70,000, a sum Koniuk says he does not have. Meanwhile, the city's Rent Board notified Koniuk that he was allowed to increase Murphy's monthly rent this year by $2.63.
Source: The Bay Citizen (http://s.tt/12lM2)
In San Francisco, one of the toughest places in the country to find a place to live, more than 31,000 housing units — one of every 12 — now sit vacant, according to recently released census data. That's the highest vacancy rate in the region, and a 70 percent increase from a decade ago. (Scroll down to see a map of vacant housing units in the Bay Area.)
To know one big reason why, ask Wayne Koniuk. By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.
But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne's adult children would always have a place to live.
"For eternity," Koniuk recalls his father saying, "my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family."
Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco's extraordinarily pro-tenant housing laws, landlords can do this only once per building.
So while Koniuk desperately wants to move his younger son into the building's other four-bedroom apartment, he cannot. He is exploring legal options. Robert Murphy, who has lived there for 30 years without a lease, remains, paying $525.82 a month.
Last spring, Koniuk offered Murphy $45,000 to move out. Murphy's lawyer demanded $70,000, a sum Koniuk says he does not have. Meanwhile, the city's Rent Board notified Koniuk that he was allowed to increase Murphy's monthly rent this year by $2.63.
Source: The Bay Citizen (http://s.tt/12lM2)
In San Francisco, one of the toughest places in the country to find a place to live, more than 31,000 housing units — one of every 12 — now sit vacant, according to recently released census data. That's the highest vacancy rate in the region, and a 70 percent increase from a decade ago. (Scroll down to see a map of vacant housing units in the Bay Area.)
To know one big reason why, ask Wayne Koniuk. By trade, Koniuk fashions artificial limbs for amputees. By habit, he fits prostheses at no charge for people who cannot pay. This has left him a less-than-wealthy man.
But he does have one substantial asset: a Divisadero Street building that his father, Walter, an orthotist, bought in 1970 and gave to his only son in 2001 so Wayne could run his business on the ground floor and Wayne's adult children would always have a place to live.
"For eternity," Koniuk recalls his father saying, "my grandkids will always have a place they can go. No matter whatever happens, that building should stay in the family."
Koniuk, who himself lives in suburban Belmont, gave a half-interest in the building to his older son in 2007 so he could evict a tenant and move in himself. But under San Francisco's extraordinarily pro-tenant housing laws, landlords can do this only once per building.
So while Koniuk desperately wants to move his younger son into the building's other four-bedroom apartment, he cannot. He is exploring legal options. Robert Murphy, who has lived there for 30 years without a lease, remains, paying $525.82 a month.
Last spring, Koniuk offered Murphy $45,000 to move out. Murphy's lawyer demanded $70,000, a sum Koniuk says he does not have. Meanwhile, the city's Rent Board notified Koniuk that he was allowed to increase Murphy's monthly rent this year by $2.63.
Source: The Bay Citizen (http://s.tt/12lM2)
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