This is a short general-information note on developments that have been showing up in Bay Area real estate, land use, and California landlord-tenant work. It is not legal advice and does not address any particular property or tenancy. Confirm current statutes, ordinances, and case filings before relying on them.
San Francisco Supervisor Jackie Fielder introduced an ordinance that would bar nonpayment evictions until a tenant owes more than one month of federal fair market rent for a comparable unit. Reporting places the current HUD thresholds at about $2,485 for a studio, $2,977 for a one-bedroom, and $3,604 for a two-bedroom. The measure has mayor support and several Board co-sponsors; a vote is not expected before October. Oakland and Berkeley already use a similar one-month fair-market-rent floor. Debt below the threshold would still be collectible. The change is local to San Francisco’s Rent Ordinance, not a statewide rule, but it is the kind of ordinance that often travels across Bay Area cities.
Separately, the First District Court of Appeal issued a tentative opinion that San Francisco’s Empty Homes Tax (the vacancy tax approved as Proposition M in 2022) conflicts with the Ellis Act. The trial court had already blocked enforcement; the city appealed. The tentative holds that the tax cannot force an owner to choose between renting and paying a steep vacant-unit levy when state law protects the right not to offer residential property for rent. Oral argument has been requested. Until a final opinion issues, the vacancy-tax posture remains unsettled.
At the state level, Senate Bill 1365 (Allen) cleared the Legislature on August 31 and is on the governor’s desk. It would amend Penal Code section 396 so emergency price-gouging limits on rent increases apply regardless of the initial lease term, and it revises when repair or improvement costs may justify an increase above the 10% emergency cap. Pre-declaration contractual increases would remain allowed. Violations of section 396 can be charged as misdemeanors. Watch the September signing window; this is enrolled legislation, not yet law.
Closer to home, Contra Costa housing production keeps moving without a new Richmond ordinance this week. Construction is underway on The Trails at Bishop Ranch in San Ramon (about 195 units: 67 single-family and 128 townhomes). In Orinda, the Notice to Proceed was granted for Vista Verde senior housing at 10 Irwin Way (53 units, mostly affordable). The Housing Authority of Contra Costa County opens a project-based voucher waiting list for select properties from September 8 through October 1. Those are delivery and program items, not new land-use fights on the Richmond waterfront.
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