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Committee continues debate on delegating lease‑amendment authority to MOHCD; chair asks for narrower proposal

May 01, 2023 | San Francisco County, California


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Committee continues debate on delegating lease‑amendment authority to MOHCD; chair asks for narrower proposal
The committee continued discussion on an ordinance to delegate certain Board approval authority under Charter section 9.118 and Administrative Code provisions to the Real Estate Division and the Mayor's Office of Housing and Community Development (MOHCD) for specified ground‑lease amendments affecting 100% affordable housing projects.

MOHCD staff said they identified 14 projects that may need lease amendments: nine originated under the former redevelopment agency, three from OCII, and one from the City and County. Sheila Nicholas (MOHCD) and Jackie Tso (director of asset management) said delegating authority could reduce staff time—MOHCD estimated roughly 700 hours (about 0.3 FTE) to bring 14 separate amendments through the Board process—while preserving review by city attorneys and MOHCD's internal standards.

Supervisors questioned whether the delegation would set an undesirable precedent and noted a letter from the Council of Community Housing Organizations that did not clearly support blanket delegation. Deputy City Attorney Anne Pearson said a fundamental amendment would be required to limit any delegation to the identified 14 projects. Several supervisors said they were reluctant to delegate the Board's authority broadly; Chair Supervisor Myrna Melgar moved to continue the item to the call of the Chair so staff could draft a narrower amendment and clarify external positions. David Pilpel, a public commenter, urged continuance and questioned whether Charter section 9.118 powers are delegable. The motion to continue passed on a 3‑0 vote.

Committee members asked MOHCD to return with a narrowed proposal limited to the identified universe of projects and clearer guardrails for transparency and approval. The item will return to committee when the Chair calls it up.

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