Currently any live-work space with more than four residents must pursue a conditional-use permit to exceed the state limit, an expensive and costly process with no guarantee of success. Safer DIY Spaces director David Keenan said such a permit should be unnecessary: “It should be by-right, if we believe housing is a human right.”
Dolan also supports SB 906’s efforts to ease the way for property owners to correct non-life-threatening building violations for the sake of retaining affordable housing for current tenants. Oakland already has a similarly aimed “compliance plan” program, he pointed out, that would be strengthened in tenants’ favor by increasing the amount of time property owners have to address violations.
Dolan points out that the legislation doesn’t draw a clear distinction between habitability issues, for example, a window slightly narrower than modern building standards require, and immediate life-safety risks. “Life safety no one should compromise on—that needs immediate addressing,” Dolan said. “But the nuance between that and a habitability shortcoming is being overlooked here.”
Oakland is recognized as a hub of commercial and warehouse property adapted by artists for residential, performance and fabrication purposes. But climbing rent and competition for commercial space have in recent years threatened the often unspoken agreements between landlords and residential tenants of buildings not technically approved or suitable for residential habitation.
The Dec. 2016 Ghost Ship warehouse fire, which broke out during an electronic music event, intensified pressure on unpermitted live-work and warehouse residences. Oakland officials identified unpermitted residences and instructed many owners to “discontinue residential use,” even in the absence of life-threatening conditions. Other property owners moved to evict warehouse tenants proactively amid the possibility of civil liability for Ghost Ship’s landlord, Chor Ng.
“Oakland has a long and proud history of fostering affordable joint living and work spaces, especially for our vibrant arts and maker communities,” Schaaf, the mayor of Oakland, said in a statement. “But as a city, we must also ensure that people have safe, affordable housing, and are not forced onto the streets and into homelessness.”
