Update

We would like to extend our appreciation to Councilmembers Ruben Abrica and Carlos Romero for their unwavering support for the East Palo Alto Opportunity to Purchase Act (EPA OPA). Unfortunately, on the night of December 5th, leaders on the East Palo Alto (EPA) City Council voted 3-2 to reject the EPA OPA. 

What is an Opportunity to Purchase Act

An Opportunity to Purchase Act (OPA) policy gives renters in your community a chance to become homeowners when their landlords want to sell. Eligible buyers such as tenants, affordable housing developers, community land trusts, community based organizations, and even cities/counties are given a “right of first refusal” or special time period to make an offer on the property, or the option to match any offer made by a private buyer. A landlord is not required to sell to any of the previously mentioned eligible buyers, they only have to receive and consider their offers.

The two most common models are:

• Tenant Opportunity to Purchase Act (TOPA)
  • Renters are given the “right of first refusal” to buy their home when their landlords want to sell. They may also assign their right to a “qualified organization,” such as a community land trust or a non-profit affordable housing provider.
• Community Opportunity to Purchase Act (COPA) 
  • A specific list of qualified organizations are provided with the “right of first refusal” to purchase the home(s) when a property owner is looking to sell.

At their November 7 meeting, EPA’s City Council voted 3-2 to combine both TOPA and COPA polices into the EPA OPA. 

Why EPA OPA Mattered and Still Does

Had it passed, EPA OPA would have made it a lot easier for EPA community members who rent to secure a safe and stable place to call home and allow them to stay near their families and places of work.

As a law, it would have applied to both single-family and multi-family homes and would have required an owner to first tell their tenant(s) if they plan to sell their home(s) – putting a stop to off- market deals that prevented local buyers like tenants and non-profit housing providers from even knowing that the owner would consider a sale. Tenant(s), non-profits, and the City would have been provided with a “right of first refusal” – giving them time to connect to/gather resources needed to make a competitive purchase offer to a property owner.  

What’s Next

At the December 5th City Council meeting, Mayor Lisa Gauthier expressed her interest in a city-wide ballot measure.

Jurisdictions are moving ahead with implementing programs that will allow tens of thousands of new homes across our region. Redwood City, South San Francisco, San Carlos, Menlo Park, Pacifica, and more have pursued rezonings, in some cases even before receiving certification from HCD. Dozens of acres of land have been set aside for affordable homes, such as the 2.5-acre Ford Field parcel in Portola Valley or the city hall site in Hillsborough. Communities like Belmont and San Mateo have committed to strengthening tenant protections, while others, like Atherton, are leaning heavily into promoting accessory dwelling units.

The next year will bring even more opportunities to support housing through housing elements. HLC will be partnering with regional and statewide groups to provide tools to help local advocates track housing elements. Cities will need help from community members to implement their policy commitments. Several cities that have not yet received certification provide opportunities for ongoing advocacy, including Daly City, Pacifica, Woodside, and more. We’re excited to continue working with jurisdictions across San Mateo County to ensure they are planning for housing that meets the needs of all community members.

In advance of the city council meeting on Monday December 4th in San Mateo, residents mobilized to oppose the Baywood Historic District. During the non-agendized comment portion of the meeting, residents delivered comments to the council, urging them to issue a formal letter opposing the district.  

A refresher: Neighbors in San Mateo’s Baywood neighborhood have submitted an application to become a historic district. Historic districts can impose a number of restrictions on the rights of property owners to renovate their homes or build new housing opportunities. State laws like SB 9 that empower homeowners to build duplexes or ADUs without onerous public approval processes do not apply to historic districts. Furthermore, the city would be enabled to create a local unelected historic commission that could impose arbitrary new rules, ranging from restrictions on the ability to build an accessory dwelling unit for a family member to bans on replacing old single-pane windows with more energy-efficient double-paned ones.

The Baywood neighborhood, which was built in the 1920s and 30s with housing covenants that banned people of color from buying the homes, is today San Mateo’s only Racially Concentrated Area of White Wealth, according to the Bay Area Equity Atlas. A historic district in the area would entrench past and present segregation in perpetuity.

Neighbors opposing the district have created a petition to urge the city council to formally oppose the historic district. They’ve also created a website for interested residents to learn more. All San Mateo residents are welcome to sign to demonstrate that the community supports preserving real history, not segregation.

Last week, South San Francisco became the third city in San Mateo County to achieve housing element certification! A number of significant policies helped the city achieve compliance, including commitments to pursue:

• Widespread rezoning for affordable and market-rate homes, allowing up to 120 du/ac in some areas. 
• Publicly owned land for affordable homes
• Tenant protections to prevent displacement of our county’s most vulnerable residents

South San Francisco also commits to dedicate commercial linkage fee revenue for affordable homes; remove myriad zoning constraints to housing production; and speed up entitlement timelines for affordable homes. Fundamentally, the policies in SSF’s housing element earned the city certification by demonstrating a meaningful commitment to promote affordable homes 

Across the Bay Area, more than 50% of cities have now received housing element certification; in San Mateo County, just 3 of our 21 jurisdictions have completed the process. HLC continues to support the efforts of local jurisdictions to achieve compliance with comment letters and policy advice.