SF Rent Ordinance Flashcards Preview

Real Estate Law > SF Rent Ordinance > Flashcards

Flashcards in SF Rent Ordinance Deck (16)
Loading flashcards...
1

Section 1.11 Anniversary Date

(a) The anniversary date is the date on which the tenant's current rent became effective except in the case of certified capital improvements, rehabilitation, and/or energy conservation work which, when granted, do not affect or change the anniversary date. The next allowable rent increase shall take effect no less than one year from the anniversary date, but when imposed after one year, shall set a new anniversary date for the imposition of future rent increases.
(b) For Newly Covered Units, the first anniversary date shall be the date of the last lawful and effective rent increase imposed on or before May 1, 1994 or the date the tenancy commenced, whichever occurred later. The next allowable rent increase shall take effect no less than one year from the anniversary date, but, if it takes effect after more than one year, its effective date shall be the new anniversary date for purposes of future rent increases.

2

Section 1.12 Annual Rent Increase

(a) Where a landlord is entitled to an annual rent increase to be effective from December 8, 1992 through February 28, 1993, the allowable amount of increase is 1.6%. Thereafter, the annual allowable increase determined by the Board shall become effective each March 1, and shall be no more than 60% of the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose region as published by the U.S. Department of Labor for the 12 month period ending October 31. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place, and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual increase be greater than seven percent (7%). The Rent Board shall publish the annual allowable increase amount on or about January 1. The published increase shall be determined only once for each 12 month period and shall remain in effect until the next scheduled recalculation.

3

Section 1.13 Capital Improvements

"Capital Improvements" means those improvements which materially add to the value of the property, appreciably prolong its useful life, or adapt it to new uses, and which may be amortized over the useful life of the improvement of the building. Capital Improvements do not include normal routine maintenance and repair. (For example, the patching of a roof is not a capital improvement while the partial or complete replacement of the old roof is; repair of a foundation is considered a capital improvement and not a repair.) Repairs which are incidental to a capital improvement project, or replacement of an item normally considered a capital improvement, are also defined as capital improvements. Capital Improvements otherwise eligible are not eligible if the landlord charges a use fee such as where the tenant must deposit coins to use a landlord-owned washer and dryer.

4

Section 1.17 Rental Unit

“Rental Unit” means a residential dwelling unit, regardless of zoning or legal status, in the City and County of San Francisco and all housing services, privileges, furnishings (including parking facilities supplied in connection with the use or occupancy of such unit), which is made available by agreement for residential occupancy by a tenant in consideration of the payment of rent. The term does not include:

(a) Housing accommodations in hotels, motels, inns, tourist homes, rooming and boarding houses, provided that at such time as an accommodation has been occupied by a tenant for thirty-two (32) continuous days or more, such accommodation shall become a rental unit;

(b) dwelling units in a non-profit cooperative owned, occupied, and controlled by a majority of the residents;

(c) housing accommodations in any hospital, convent, monastery, extended care facility, asylum, residential care or adult day health care facility for the elderly which must be operated pursuant to a license issued by the California Department of Social Services, as required by California Health and Safety Chapters 3.2 and 3.3, or in dormitories owned and operated by an institution of higher education, a high school, or an elementary school;

(d) dwelling units whose rents are controlled or regulated by any government unit, agency, or authority excepting those unsubsidized and/or unassisted units which are insured by the United States Department of Housing and Urban Development;

(e) newly constructed rental units for which a certificate of occupancy was first issued after June 13, 1979;

(f) dwelling units in a building which has undergone substantial rehabilitation completed after June 13, 1979; provided, however, that RAP rental units are not subject to this exemption;

(g) live/work units in a building where all of the following conditions have been met:

(1) a lawful conversion to commercial/dwelling use occupancy has occurred; (2) a Certificate of

Occupancy has been issued by the San Francisco Department of Building Inspection after June 13, 1979; and (3) there has been no residential tenancy in the building of any kind between June 13, 1979 and the date of issuance of the Certificate of Occupancy;

(h) commercial space where there is incidental and infrequent residential use;

(i) a residential unit, wherein at the inception of the tenancy there was residential use, there is no longer residential use and there is a commercial or other non-residential use. The presumption shall be that the initial use was residential unless proved otherwise by the tenant.

5

Section 1.20 Wrongful Eviction

"Wrongful Eviction" means the serving of a notice to quit a rental unit, the making of a demand for possession of a rental unit, or the prosecution of an Unlawful Detainer action in violation of the Ordinance.

6

Section 1.21 Tenant in Occupancy

A tenant in occupancy is an individual who otherwise meets the definition of tenant as set forth in Ordinance Section 37.2(t), and who actually resides in a rental unit or, with the knowledge and consent of the landlord, reasonably proximate rental units in the same building as his or her principal place of residence. Occupancy does not require that the individual be physically present in the unit or units at all times or continuously, but the unit or units must be the tenant’s usual place of return. When considering whether a tenant occupies one or more rental units in the same building as his or her “principal place of residence,” the Rent Board must consider the totality of the circumstances, including, but not limited to the following elements:

(1) the subject premises are listed as the individual’s place of residence on any motor vehicle registration, driver’s license, voter registration, or with any other public agency, including Federal, State and local taxing authorities;

(2) utilities are billed to and paid by the individual at the subject premises;

(3) all of the individual’s personal possessions have been moved into the subject premises;

(4) a homeowner’s tax exemption for the individual has not been filed for a different property;

(5) the subject premises are the place the individual normally returns to as his/her home, exclusive of military service, hospitalization, vacation, family emergency, travel necessitated by employment or education, or other reasonable temporary periods of absence; and/or

(6) Credible testimony from individuals with personal knowledge or other credible evidence that the tenant actually occupies the rental unit or units as his or her principal place of residence.

A compilation of these elements lends greater credibility to the finding of “principal place of residence” whereas the presence of only one element may not support such a finding.

7

Section 4.10 Rent Increase Notice (not requiring Board approval)

(a) Those landlords not seeking a rental increase which exceeds the limitations set forth in Section 37.3 of the Rent Ordinance shall inform the tenant in writing on or before the date the notice is given of the following:

(1) Which portion of the rent increase reflects the annual increase, and/or banked amount, if any;

(2) which portion of the rent increase reflects the costs of capital improvements, rehabilitation, and/or energy conservation work which have been certified:

(3) which portion of the rent increase reflects the passthrough of charges for gas and electricity, which charges shall be explained;

(4) which portion of the rent increase reflects the amortization of a RAP loan.

(b) Any rent increase which does not conform with the provisions of this Section shall render the entire rent increase null and void, unless the amount requested equals no more than the allowable annual and banked rent increase(s), provided, however, that in the event such increases are given in a good faith effort to comply with the Ordinance and Regulations and do not exceed limitations by more than one-half of one percent of the prior base rent, Administrative Law Judges shall readjust the base rent to reflect the proper percentage increase.

(c) To be effective, any rent increase notices given on or after March 1, 1984 must conform with the provisions of 4.10(a). If, however, the landlord serves a notice of rent increase prior to March 1, 1984 and it takes effect on or after that day, the following rules shall apply:

(1) Notices which requested an increase above seven percent (7%) without filing a landlord's petition will remain null and void in their entirety;

(2) if the landlord has filed a petition for an amount above seven percent (7%) based on Parts 6, 7, or 8 of these Rules, the correct annual increase will be effective as of the

date the notice given was to become effective and;

(3) notices which request an increase of seven percent (7%) or less without filing a landlord's petition, will only be null and void as to that portion which exceeds the allowable annual rent increase.

8

Section 4.12 Banking of Rent

(a) A landlord who refrains from imposing an annual rent increase, or any portion thereof, may accumulate said increase and impose that amount on or after the tenant's subsequent rent increase anniversary date; however, the rent may be increased only one time every twelve (12) months. This banked amount may only be given at the time of an annual increase. Only those increases which could have been imposed on, or subsequent to, April 1, 1982, may be accumulated. A full 12 months must have elapsed from the date that an annual rent increase, or a portion thereof, could have been imposed before this banking section becomes applicable. Banked increases shall not be compounded and shall not be rounded up; provided, however, that in the event that a banked rent increase exceeds limitations by no more than one-half of one percent of the prior base rent and such increase was given in a good faith effort to comply with the Ordinance and Regulations, Administrative Law Judge shall readjust the base rent to reflect the proper banked amounts.

(b) In order to impose an accumulated rent increase the landlord shall: (1) inform the tenant, on or before the date upon which the landlord gives the tenant legal notice, which portion of the rent increase reflects banked amount, and (2) the dates upon which said banked amount is based; provided, however, that failure to include such information shall not render the increase null and void.

9

Section 4.15 Effect of Vacancy

In accordance with Section 37.3(a) of the Rent Ordinance, the Rent Ordinance does not regulate initial rent levels for a new tenancy. The Rent Board does not interpret anything in Section 37.12 of the Rent Ordinance to alter this general principle. However, the Rent Board does find in the spirit of Section 37.12 an intent to preclude a landlord from setting a new Base Rent when that landlord served an eviction notice on or after May 1, 1994 and before December 22, 1994 (the "Transition Period") and the eviction would not have been permissible under Section 37.9 of the Rent Ordinance. Thus, for Newly Covered Units, if there was a proper termination of tenancy during the Transition Period, then the landlord was/is free to set a new Base Rent without limitation upon reletting the unit, and any rents paid by the new tenant that exceed the initial base rent (as defined in Section 37.12(a) of the Rent Ordinance) need not be refunded to the new tenant. If there was not a proper termination of tenancy during the Transition Period, then the landlord was/is not entitled to set a new Base Rent, and the landlord shall be required to refund any overpayments of rent in accordance with Section 37.12(b) of the Rent Ordinance. A proper termination of tenancy occurs when the tenant:
(a) terminates the tenancy voluntarily;
(b) vacates the unit as a result of an eviction that would have been permissible under Section 37.9 of the Rent Ordinance; or

10

Section 12.14 - 37.9(a)(8) Evictions

For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, the term "landlord" shall mean a natural person, or group of natural persons who in good faith hold a recorded fee interest in the property and meet one of the following requirements:
held a recorded fee interest of at least 10%, or a recorded equitable interest under contract of sale of at least 10%, which interest was recorded on or before February 21, 1991, and continues to hold at least such a 10% interest on the date of service of the notice to vacated; or
holds a recorded fee interest of at least 25%, or a recorded equitable interest under contract of sale of at least 25%, on the date of service of the notice to vacate.
On or before service of the notice to vacate, the tenant shall be informed in writing of (1) the identity and percentage of ownership of the owner to move in or (2) the name and relationship of the relative to move in, as well as the name and percentage of ownership of the evicting owner; and (3) the date the current percentage of ownership was recorded.
For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, a landlord or landlord"s relative can have only ONE "principal place of residence" which is defined as the permanent or primary home of the party claiming that a unit has that status attached to it. It is a unit that the party occupies for more than temporary or transitory purposes. Evidence that a unit is or is intended to be the party"s "principal place of residence" includes, but is not limited to, the following elements, a compilation of which lends greater credibility to the claim of "principal place of residence of an owner" whereas the presence of only one element may not support such claim:
the subject premises are listed as the owner"s place of residence on any motor vehicle registration, driver"s license, or with any other public agency, including State and local taxing authorities;
utilities are installed under the owner"s name at the subject premises;
all of the owner"s personal possessions have been moved into the subject premises;
a homeowner"s tax exemption;
voter registration;
a U.S. Postal Change of Address form; and
the subject premises are the place the owner normally returns to as his/her home, exclusive of military service, hospitalization, vacation, or travel necessitated by employment;
notice to move at another dwelling unit was given in order to move into the subject premises; and
the owner sold or placed on the market for sale the home he/she occupied prior to the subject premises.
A tenant is disabled under Ordinance Section 37.9(i)(1)(B)(i) if the tenant meets the standard for blindness or disability under the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP). In determining whether a tenant is disabled, a finder of fact shall consider relevant evidence, including:
(1) findings by any government entity concerning a disability;

(2) testimony concerning the disability; and

(3) medical evidence concerning the disability.

11

Section 12.15 Capital Improvements/Rehabilitation Evictions

For purposes of an eviction under Section 37.9(a)(11) of the Ordinance, the capital improvement and/or rehabilitation work to be done must involve work that would make the unit hazardous, unhealthy, and/or uninhabitable while work is in progress. If there is a dispute between the landlord and the tenant as to whether the work that is to be performed creates a hazardous or unhealthy environment, the tenant may file a report of alleged wrongful eviction with the Board.
(1) Copies of all necessary permits, a description of work to be done and a reasonable approximate date (month and year) when the tenant can reoccupy the unit shall be given to the tenant on or before the date of service of the notice to vacate. On or before the date of service of the notice to vacate, the landlord also must advise the tenant in writing that the permit application and the rehabilitation or capital improvement plans, if required by the Building Inspection Department, are on file with the Central Permit Bureau of the Building Inspection Dept., located at 1660 Mission Street, and arrangements may be made to review such applications or plans.
(2) The tenant will vacate the unit only for the minimum time required to do the work as stated in the notice, not to exceed three months, unless the time is extended by the Board upon petition by the landlord pursuant to subsection (e) below.

Displaced tenants should advise the Board and the landlord of their temporary addresses during the period of displacement in order that they may be notified regarding their relocation.
Moving Costs
Any landlord who seeks to recover possession of a unit pursuant to Section 37.9(a)(11) of the Ordinance shall pay each relocation expenses as provided in Section 37.9C of the Ordinance.

Landlord"s Petition for Extension of Time
Before giving the notice to vacate, if the landlord knows or should know that the work will require the removal of the tenant(s) for more than the three months authorized under Ordinance Section 37.9(a)(11), the landlord shall petition the Rent Board for approval of displacement for more than three months. The petition shall include one original and copies for each involved tenant of the following documents:
A completed petition form;
Copies of all necessary building permits, showing approval has been granted;
A written breakdown of the work to be performed, detailing where the work will be done and the cost of the work;
An estimate of the time needed to accomplish the work and approximate date (month and day) each involved tenant may reoccupy.
If, after the notice to vacate has been given or after the work has commenced, it is apparent that the work will take longer than the three months authorized under Section 37.9(a)(11) or longer than the time approved by the Board, the landlord immediately shall file a petition pursuant to subsection (e)(1) above, along with a statement of why the work will require more time.
A hearing on the landlord"s petition shall be scheduled within 30 days of the date of filing the petition and conducted pursuant to Part 11 of these Rules and Regulations. The hearing officer shall render a written decision as to the reasonableness of the landlord"s time estimate. The tenants or the landlord may appeal this determination by filing an appeal with the Commissioners pursuant to Ordinance Section 37.8(f).
Nothing in this section shall preclude a tenant from filing a report of alleged wrongful eviction with the Board.

12

Section 12.16 Reoccupancy after 37.9(a)(11) Eviction

Where a tenant has vacated a unit to allow a landlord to carry out capital improvements or rehabilitation work, pursuant to Section 37.9(a)(11) of the Ordinance, the landlord shall advise the tenant, in writing, immediately on completion of the improvements, and shall allow the tenant to reoccupy the unit as soon as the improvements or rehabilitation work is completed, and shall not increase the rent for such reoccupancy by more than the limitations set forth in Section 4 above. The tenant shall have 30 days from receipt of the landlord’s offer of reoccupancy to notify the landlord of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the landlord’s offer.
If the time period allowed to perform the work pursuant to Section 12.15 above has passed and the landlord has not informed the tenant that the unit is ready for reoccupancy, the tenant may file a decrease in service petition and/or a report of alleged wrongful eviction. Upon a proper showing, the tenant may be awarded a rent reduction to correspond with the decrease in services calculated by the difference between the monthly rent formerly paid for the unit from which the tenant was displaced and the monthly rent paid for the replacement unit.

13

Section 12.19 Other Displacements

If a tenant is forced to vacate her/his unit due to fire or other disaster, the landlord shall, within 30 days of completion of repairs to the unit, offer the same unit to that tenant under the same terms and conditions as existed prior to her/his displacement. The landlord’s offer shall be sent to the address provided by the tenant. If the tenant has not provided an address, the offer shall be sent to the unit from which the tenant was displaced and to any other address of the tenant of which the landlord has actual knowledge, including electronic mail (e-mail) addresses.
The tenant shall have 30 days from receipt of the landlord's offer to notify the landlord of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the landlord's offer.
However, the cost of capital improvements which are necessary before rerenting a unit which was damaged or destroyed as set forth in subsection (a) above, which cost was not reimbursed by insurance proceeds or by any other means (such as a satisfied judgment) may be passed through to the tenant by utilization of the capital improvement petition process as set forth in Part 7 above. Any rent increase under this section would require that a notice be served upon the tenant(s) pursuant to Civil Code Section 827.
The landlord who attempts to rerent a unit, but refuses to allow a tenant to return to her/his home under this section shall have wrongfully endeavored to recover or wrongfully recovered said tenant"s rental unit in violation of Section 37.9 of the Ordinance and shall be liable to the displaced tenants for actual and punitive damages as provided by Ordinance Section 37.9(f). This remedy shall be in addition to any

14

Section 12.20 - 37.9(a)(2) Evictions

(a) Unilaterally Imposed Obligations and Covenants

Notwithstanding any change in the terms of a tenancy pursuant to Civil Code Section 827, a tenant may not be evicted for violation of a covenant or obligation that was not included in the tenant's rental agreement at the inception of the tenancy unless: (1) the change in the terms of the tenancy is authorized by the Rent Ordinance or required by federal, state or local law; or (2) the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept such new term as part of the rental agreement. The landlord's inability to evict a tenant under this Section for violation of a unilaterally imposed change in the terms of a tenancy shall not constitute a decrease in housing service under the Rent Ordinance as to any other tenant.

15

What are the 16 Section 37.9 Grounds for Eviction

(a)(1)(A)Failure to Pay Rent (B) Habitually Late Rent (C) Frequently bounced checks

(a)(2) Violation of lawful term of lease

(a)(3) Nuisance, substantial damage, substantial interference,

(a)(4) Illegal Use of renal unit

(a)(5) Failure to sign new lease after month-tomonth

(a)(6) Refusing landlord access

(a)(7) Subtenant is unapproved and holding over after lease expires

(a)(8) OMI/RMI

(a)(9) Sell unit after condo conversion already approved

(a)(10) Demolish or permanentyl remove rental unit after all permits obtained

(a)(11) Temporary removal for capital improvements

(a)(12) Substantial rehabilitation pursuant to Section 37.2(s)

(a)(13) Ellis Act withdrawal

(a)(14) Lead remediation or abatement work

(a)(15) Demolish with all necessary approval from City

(a)(16) Good samaritan expiration

16

37.9(a)(3)

The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c).