Leave a Message

Thank you for your message. We will be in touch with you shortly.

Graphic reading "Breaking News For San Francisco Homeowners!" over a San Francisco Skyline

San Francisco's Vacancy Tax Is Dead. Here's What Property Owners Need to Know.

Vacancy Tax ILana Minkoff September 17, 2026

Article

San Francisco's vacancy tax will not be collected. Not this year, and based on this month's ruling, likely not ever.
The California Court of Appeal, First Appellate District, struck down Proposition M, the city's voter-approved "Empty Homes Tax," upholding a lower court's decision that the measure is illegal. For owners who have spent nearly two years wondering whether a bill might eventually land in their mailbox, that uncertainty is largely over.

What Prop M actually was

San Francisco voters passed Prop M in November 2022 with 54.5% approval. The measure would have charged owners of vacant residential units between $2,500 and $20,000 per unit, per year, depending on the size of the unit and how long it sat empty. The revenue, estimated by the Controller's Office at more than $15 million a year once fully implemented, was earmarked for rental support programs and affordable housing.
The tax was scheduled to take effect January 1, 2024, with the first bills due that April.

Why it never collected a dollar

It never got that far. A San Francisco Superior Court judge struck down the tax before the first billing cycle, and the court followed with an order prohibiting the City from enforcing it. The Board of Supervisors later voted 9-2 to formally suspend the tax while the City appealed, rather than risk having to apply it retroactively if the appeal succeeded.
This month, the appeal failed. The Court of Appeal's unanimous ruling found that Prop M conflicts with the Ellis Act, the state law that protects a property owner's right not to offer residential property for rent. The court's reasoning, in short: a tax designed to financially pressure owners into putting a unit back on the market does the same thing the Ellis Act was written to prevent, just through the tax code instead of a direct mandate.
The case was brought by the San Francisco Apartment Association, the San Francisco Association of Realtors, the Small Property Owners of San Francisco Institute, and a group of individual property owners.

What this means if you own a vacant unit in San Francisco

If you have held off on renting a unit, whether for renovation, a pending sale, family use, or any other reason, this ruling removes the tax exposure that's been hanging over that decision since 2022. There is no retroactive bill coming for 2024 or 2025. City Attorney David Chiu's office has said it is disappointed in the outcome but has not confirmed whether it will ask the California Supreme Court to take up the case, so this isn't necessarily the final word, but for now, the tax has no legal path forward.

What this means for San Francisco's housing conversation

The tax was never just about revenue. It was framed as a tool to bring more units into the rental supply in a city with a persistent housing shortage. Its loss removes one proposed lever for that goal and the funding it would have generated for rental assistance and affordable housing. Expect this to resurface in some form in future policy conversations at the Board of Supervisors, even if a new version would need to be written carefully around the Ellis Act issue that sank this one.

The bottom line

For now, San Francisco does not have a vacancy tax, and owners of vacant residential units do not owe one for 2024, 2025, or 2026. Whether the City pursues this further at the state Supreme Court remains an open question worth watching if you own property that's been sitting vacant.

If you own a vacant unit in San Francisco

This ruling changes the calculus for a lot of owners who've been holding off on a decision, whether that's finally renting a unit out, listing it for sale, or simply continuing to hold it without the tax exposure that's loomed since 2022. If you're not sure what makes sense for your specific property, I'd be glad to walk through your options with you, no pressure, just a clear read on where things stand.
Ilana Minkoff | Vanguard Properties | 415-269-1515 | IlanaMinkoff.com | DRE# 01894439

Recent Blog Posts

Stay up to date on the latest real estate trends.

Graphic reading "Breaking News For San Francisco Homeowners!" over a San Francisco Skyline

Vacancy Tax

San Francisco's Vacancy Tax Is Dead. Here's What Property Owners Need to Know.

A California appeals court struck down San Francisco's Empty Homes Tax this month. Here's what Prop M was, why the court blocked it, and what it means for owners of va… Read more

Parnassus Heights Has Two Markets Right Now, and Only One Shows Up in the Median Price

Bold graphic reading Celebrate Hispanic Heritage Month, September 15 to October 15, in orange and yellow text on a navy background, bordered by red, yellow, and turquoise papel picado banners and a decorative floral design

San Francisco

Hispanic Heritage Month in the Mission: The Culture Behind One of San Francisco's Most In-Demand Neighborhoods

San Francisco realtor Ilana Minkoff on how the Mission's Calle 24 Latino Cultural District and its Hispanic Heritage Month traditions shape one of the city's most soug… Read more

Colorful illustrated crowd at an outdoor concert in Golden Gate Park, with Sutro Tower and hillside visible behind the stage, a firework-like white bloom overhead, and a hand in the foreground holding up a flower toward the stage

San Francisco

Opera in the Park Returns: How San Francisco's Opera Season Shapes Life in Hayes Valley and the Panhandle

San Francisco REALTOR® Ilana Minkoff on how San Francisco Opera's season opener and the free Opera in the Park concert connect Hayes Valley and the Panhandle, and what… Read more

A man in a yellow puffer vest and baseball cap stands balanced on a wooden utility pole overlooking San Francisco Bay, with the Bay Bridge, traffic, and the downtown San Francisco skyline in the background under a partly cloudy sky

San Francisco

What to Do in San Francisco Over Labor Day Weekend If You’re Staying in Town

San Francisco realtor Ilana Minkoff on the neighborhood traditions that keep locals in the city over Labor Day weekend, and what that loyalty says about a neighborhood… Read more

The historic Castro Theatre marquee on Castro Street in San Francisco, with rainbow flags lining the sidewalk and pedestrians and cars filling the busy commercial corridor

Castro

The Castro's Carnival Block Party and What Community Celebration Means for Home Value

The Castro's free Carnival block party returns August 29, 2026. Here's why decades of neighborhood celebration matter as much as square footage to San Francisco buyers.

Golden Gate Bridge spanning the entrance to San Francisco Bay, viewed from Fort Point with the Marin Headlands in the background on a clear day.
Why Smart San Francisco Sellers Start Prepping in August, Not September

September is San Francisco's busiest listing month. Here's the data on why sellers who wait until then to start prepping are already behind.

Glen Park Night Market August 15 Poster

Glen Park Night Market

The Glen Park Night Market and the Case for San Francisco's Smaller, Quieter Corridors

Glen Park's night market returns August 15. Here's why San Francisco's quieter neighborhood corridors deserve more attention from buyers and sellers alike.

San Francisco cable cars on Powell Street, with pedestrians crossing the tracks
The San Francisco Neighborhood You Rarely Leave (And Why That's the Best Part)

Discover why San Franciscans identify by neighborhood instead of city, and why choosing the right neighborhood is just as important as choosing the right home.

main

check out my latest newsletter

Ilana Minkoff

Ilana Minkoff

Strategic Real Estate Advisor

Ilana is a top producing REALTOR® having reached the top 1.5% of REALTORS® nationwide. She is a distinguished San Francisco resident, boasting over twenty-four years of intimate connection with the city, rendering her an unparalleled authority in local real estate. An expert in marketing and negotiation, through hundreds of transactions, she has the depth of experience and breadth of knowledge to guide both buyers and sellers through the process. 

Ilana distinguishes herself through her tenacity, mastery of negotiation, unwavering integrity, and meticulous attention to detail, consistently delivering outstanding results for her clients.

Work With Ilana

Whether buying your first home, selling your tenth home, or somewhere in between, Ilana's goal is to always go above and beyond to exceed your expectations! She wants to ensure such a great experience that you won’t want your friends, family, colleagues, or anyone you know to do a real estate transaction without her.