May 2013
You Asked. We Answered.
At the Inquiry Answer Service, we answer, on average, more than 300 questions
for our subscribers each month. We consult a variety of sources to create a
custom research packet — which may include APA publications, sample ordinances
and plans, articles and literature from partner organizations, and the most
current information available online — for each question.
Each month, we choose one question to feature here, so you can see what your
peers around the country are asking and how we answered. When your organization subscribes to PAS, you and your colleagues will also have access to previous editions.
You Asked.
What are best practices for regulating condominium conversions?
We are interested in creating a condominium conversion ordinance that would not only establish city procedure but also secure rights for the renters being asked to move. What are best practices for regulating this? Are there any studies on the impacts over time of condominium conversions?
We Answered.
Many communities have a section in their ordinance regulating the conversion of multifamily residential buildings to condominiums. Enumeration of tenants' rights and listing of development application procedures are standard elements of such ordinances. Typical tenants' rights include notice of condo conversion (120 days' notice is fairly standard, and the elderly and disabled are often given additional time); right of first refusal on purchasing units; and limitations on rent increases after conversion notification. Some cities require owners to assist with tenant relocation through unit-finding or financial assistance.
Condominium conversions typically require conditional or special use permits. A subdivision application is often required, as well as a sometimes lengthy list of other application materials, including reports on the physical condition of the building, proof of notification of tenants, and site plans. Some ordinances include a list of criteria that must be met in addition to the standard conditional use criteria in order for the conversion to be approved.
Condo conversions became a trend in the early 1980s in many metropolitan areas. Studies have found that in strong real estate markets, condo conversions can help meet demand for property ownership by young, often single buyers and may facilitate housing infrastructure rehabilitation. However, other impacts can include displacement of lower-income renters, reduction in rental property, and in some cases, increased vacancy rates during economic downturns.
Resource List
- Atascadero (California), City of. 2007. "Staff Report – Community Development Department: Condominium Development and Condominium Conversion Ordinance." November 27.
www.atascadero.org/media/council/034d27cB-2CondoDev.pdf
- Bellflower (California), City of. 2008. "Staff Report: Public Hearing to Consider Zone Ordinance Text Amendment Case No. ZOTA 08-03 to Repeal and Replace Bellflower Municipal Code Section 19-18 (Condominium Development and Conversion) of the Zoning Regulations." March 17. www.bellflower.org/docs/condominium_conversion.pdf
- Dupre + Scott. 2007. "Condominium Conversion and its Impact on the Rental Market." Fact sheetprepared for Chris Cordes, Assistant Director of the Office of Program Research for Washington House of Representatives, July 21. www.duprescott.com/productsservices/articleinfo.cfm?ArticleId=311
- Fine, David. 1980. "The Condominium Conversion Problem: Causes and Solutions." Duke Law Journal (2): 306-335. http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2738&context=dlj
- Hermosa Beach (Florida), City of. 2012. Municipal Code. Chapter 17, Zoning;Chapter 17.22, Condominiums, Stock Cooperatives and Community Apartments; Sections 17.22.150 through 300, Conversions to Residential.
www.hermosabch.org/index.aspx?page=431
- Mass Legal Help. 2008. "Local Protections for Tenants Facing Condo Conversion." www.masslegalhelp.org/housing/private-housing/ch20/local-protections-for-tenants-facing-condo-conversion
- Newman, Dara K. 2008. "If You Can't Build It, They Won't Come: Condominium Construction Moratoria and Gentrification." Boston College Environmental Affairs Law Review (35) 3: 593-623.http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1050&context=ealr
- Niles (Illinois), Village of. 2012. Code of Ordinances. Chapter 34, Condominiums; Article III, Condominium Conversions. http://library.municode.com/index.aspx?clientId=11092
- Oakland (California), City of. 2007. "Condominium Conversion Ordinance Comparison Matrix."
www.oaklandnet.com/BlueRibbonCommission/PDFs/Condo_Conversion_Ordinance_Comparison%20Matrix.pdf
- San Diego (California) City of, Development Services Department. "Forms and Development Information: Condominium Conversion."
https://www.sandiego.gov/development-services/industry/information/condoconver.shtml
- San Diego Association of Governments (SANDAG) 2004. Condominium Conversions in the San Diego Region. Regional Housing Task Force Condominium Workshop. Issue Paper, June 24.http://sandiegohealth.org/sandag/publicationid_1078_3231.pdf
- Schlein, Robert M. 1980. "Government Regulation of Condominium Conversion." Boston College Environmental Affairs Law Review (8) 4: 919-946. http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1798&context=ealr
- SPUR. 2004. Promoting Home Ownership through Condominium Conversion: A Closer Look at Condominium Conversion. SPUR Report, July 21. www.spur.org/publications/library/report/promotinghomeownershipthroughcondominiumconversion_090704
Related PAS Products
- Knaap, Gerrit, et al. 2007. Zoning As a Barrier to Multifamily Housing. PAS Report no. 548. Chicago: American Planning Association.
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