Eligibility Criteria for all SB-9 Projects

To be eligible for SB-9 ministerial approval, a housing development project must meet the following requirements:
Zoning. The parcel must be located in an RH-1, RH-1(D), or RH-1(S) zoning district. Check here to determine your parcel’s zoning.

Pre-application Occupancy. The parcel must be owner-occupied or vacant for three (3) years prior to the application. A parcel is ineligible if it includes a housing unit occupied by tenants in the three (3) years prior to an application. Applicants will be required to provide proof of occupancy for three years prior to application, as described in the SB-9 project application forms.

Rental Pricing Controls. Parcels are ineligible if they include existing units subject to local rent control regulations. The following are typically not subject to rental pricing controls: single family homes, condominiums, ADUs permitted under the State program, and units built after 1979. Applicants will be required to provide unit count and building construction date of any existing buildings to determine eligibility.

Ellis Act evictions. Parcels are ineligible if they include a unit where the Ellis Act has been used in the fifteen (15) years prior to an SB-9 project application. To determine if a unit on the parcel has been subject to an Ellis Act eviction, consult with the San Francisco Rent Board.

Historic Resources.
Parcels are ineligible for SB-9 if located within a historic or landmark district under State law or if designated or listed as a landmark or historic property or district under local law (Planning Code Article 10 or 11). Request here to determine if the parcel is designated or listed as a landmark or historic property or located in a district under local law.

Prohibition of Short-Term Rentals.
SB-9 requires that the rental of any unit created under an SB-9project be for a term longer than 30 days.

Lot Split in San Francisco

Ellis Act evictions. Parcels are ineligible if they include a unit where the Ellis Act has been used in the fifteen (15) years prior to an SB-9 project application. To determine if a unit on the parcel has been subject to an Ellis Act eviction, consult with the San Francisco Rent Board.

Historic Resources. Parcels are ineligible for SB-9 if located within a historic or landmark district under State law or if designated or listed as a landmark or historic property or district under local law (Planning Code Article 10 or 11). Request here to determine if the parcel is designated or listed as a landmark or historic property or located in a district under local law.

Prohibition of Short-Term Rentals. SB-9 requires that the rental of any unit created under an SB-9project be for a term longer than 30 days.

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