The Board of Supervisors originally adopted the BMR Condo Program in 1979, and suspended the Program in 1988. The Department of Real Estate and Department of Public Works originally administered the Program, and in 1988 the Board designated the Mayor's Office of Housing as the City department responsible for monitoring the Program. In 2008 in Ordinance No. 320-08, the Board of Supervisors adopted clarifications to the Below Market Rate Condominium Conversion Program, codified in Subdivision Code Section 1344 (the "BMR Condo Program"). Subsection (i) of Section 1344 permitted certain owners of Below Market Rate Condominium Conversion units ("BMR Units") to take advantage of two options.
- Option 1 allowed Pre-Affidavit Owners, as defined in Section 1344, to be released from the Program if they met certain conditions and paid a fee.
- Option 2 allowed Pre-legislation Owners, as defined in Section 1344, to receive a one-time increase in the base resale price of their respective units. By its terms, subsection (i) expired on January 18, 2011, 24 months from the effective date of the ordinance.
At the time the Board of Supervisors considered Ordinance No. 320-08, the Mayor's Office of Housing and Community Development ("MOHCD") conducted extensive outreach and direct noticing to owners of BMR Units subject to the BMR Condo Program. In conducting the outreach, MOHCD used its database of BMR Units entitled "Condo Conversion MASTER." It has since come to the MOHCD's attention that a limited number of units inadvertently may not have been included in the database of BMR Units and thus owners of some or all of those units may not have received direct notice or outreach relating to adoption of Ordinance No. 320-08. BMR Unit owners who did not receive notice of the ordinance would not have been in a position to take advantage of the Alternatives to Compliance with the Program.
Eligibility and instructions
The purpose of this ordinance is to rectify this notice problem by re-opening access to Option 1 (for Pre-Affidavit Owners) for a limited time so that qualified Pre-Affidavit Owners who were not in MOHCD's database and who confirm that they did not receive notice of Ordinance No. 320-08 may take advantage of Option 1.
To be eligible for this option, Owners must meet all of the following criteria:
- The Owner had no notice of the alternatives to compliance with this Section provided by Ordinance No. 320-08 as demonstrated by:
- Certification by MOHCD that the BMR Unit was not listed on the Mayor's Office of Housing's BMR Condominium Conversion database known as "Condo Conversion MASTER" as of April 15, 2008; and
- Submission to MOHCD of an affidavit, signed by the Owner under penalty of perjury, that he or she had no actual notice of the availability of the alternatives to compliance during the effective period of January 18, 2009 to January 18, 2011
- The Owner qualifies as a Pre-Affidavit Owner, as defined in Section 1344(b)(l 5a).
To apply for this option; please follow the steps outlined in "Fee and Release Option Instructions."