- Rules and Regulations §12.20 Effective 12/14/2011
- Good Samaritan Temporary Occupancy Legislation
- Effect Of Larson Court Of Appeal Decision On Prop. M
- 2011 Neighborhood Outreach Dates & Locations
- Adjusted Relocation Payments under the Ellis Act
- Adjusted Relocation Payments for No-Fault Evictions
- Return
Sections
- Rules and Regulations §12.20 Effective 12/14/2011
- Good Samaritan Temporary Occupancy Legislation
- Effect Of Larson Court Of Appeal Decision On Prop. M
- 2011 Neighborhood Outreach Dates & Locations
- Adjusted Relocation Payments under the Ellis Act
- Adjusted Relocation Payments for No-Fault Evictions
- Return
Rules and Regulations §12.20 Effective 12/14/2011
The Rent Board Commission amended Rules and Regulations Section 12.20 effective December 14, 2011 to provide that a tenant may not be evicted for violation of a unilaterally imposed change in the terms of a tenancy unless the tenant accepted the newly imposed term in writing or the newly imposed term is authorized by the Rent Ordinance. The amendment also provides that a landlord's inability to evict a tenant for violation of a unilaterally imposed term shall not constitute a decrease in house service under the Rent Ordinance as to any other tenant.
Numerous individuals testified at the public hearing on December 13, 2011 concerning the amendment to Section 12.20. The Rent Board Commissioners voted to adopt the proposed amendment and to calendar the amendment for further discussion at the next Rent Board meeting, which is on January 31, 2012. At that time, the Rent Board will discuss whether to adopt any specific health and/or safety exceptions to the prohibition on evictions for violation of a unilaterally imposed change in the terms of a tenancy. Anyone who wishes to weigh in on this topic is encouraged to do so by submitting written comments or proposed language to amend Section 12.20 to Executive Director Delene Wolf at least one week prior to the Jan. 31st meeting. Submissions can be mailed or faxed to Ms. Wolf at the Rent Board's office located at 25 Van Ness Avenue, Room 320, San Francisco, CA 94102. The fax number is 415.252.4699. All timely submissions will be distributed to the Rent Board Commissioners prior to the January 31st meeting.
The following paragraph constitutes the full text of Rules and Regulations Section 12.20, as amended effective December 14, 2011:
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 (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.
Back to top
Good Samaritan Temporary Occupancy Legislation
Effective May 27, 2011, the Rent Ordinance has been amended to provide for temporary Good Samaritan occupancy status with a reduced rental rate when a tenant unexpectedly vacates a residential unit due to an emergency such as fire, earthquake, or landslide. The amendments permit a Good Samaritan landlord to enter into a written agreement with that displaced tenant for a replacement unit with temporary reduced rent for a specified period of time up to 12 months, which could later be extended up to a total of 24 months. To qualify for Good Samaritan occupancy status and reduced rent, a specified City official must certify that a tenant had to move because of public health, safety and habitability reasons.
990 - Good Samaritan - Tenancy Info. pdf
Back to top
Effect Of Larson Court Of Appeal Decision On Prop. M
On February 23, 2011 the California Court of Appeal issued a decision in Larson v. CCSF that invalidated certain provisions of the Rent Ordinance that were added by Proposition M approved by the voters in 2008. Specifically, the court found that the Rent Board could not order rent reductions for the conduct specified in Ordinance section 37.10B(a)(4)-(15) since such conduct may result in damages that can be collected in court, but are not decreased housing services for which the Board may authorize rent reductions. The court did not see a similar problem with the conduct specified in section 37.10B(a)(1)-(3).
The court also invalidated two other provisions of Prop M. First, the court found that section 37.10B(a)(7), which prohibited the landlord from continuing to offer payments to vacate after the tenant notified the landlord in writing that the tenant no longer wanted to receive further offers of payment to vacate, violated the landlord's First Amendment right of freedom of speech, and was unenforceable. Second, the court found that section 37.10B(c)(6), which provided for the award of attorney fees to a tenant who is a prevailing party in an eviction action, was preempted by state unlawful detainer law and was therefore unenforceable.
There is also a federal court challenge to Prop M still pending in the Ninth Circuit in Carrico v. CCSF, in which the plaintiffs have appealed the district court's dismissal of constitutional challenges to Prop M.
Back to top
2011 Neighborhood Outreach Dates & Locations
Rent Board Neighborhood Outreach for Tenants, Master Tenants, and Landlords.
Learn about your rights and responsibilities under San Francisco's Residential Rent Ordinance. Rent Board staff will provide an informational presentation on the Rent Ordinance and the Rent Board's services, followed by individual drop-in counseling.
| Date | Location | Address | Time |
| Saturday, February 5, 2011 | Excelsior Branch San Francisco Public Library (SFPL) | 4400 Mission Street | 1 p.m. to 3 p.m. |
| Saturday, March 5, 2011 | Western Addition Branch (SFPL) | 1550 Scott Street | 1 p.m. to 3 p.m. |
| Saturday, April 2, 2011 | Potrero Branch (SFPL) | 1616 20th Street | 1 p.m. to 3 p.m. |
| Saturday, May 7, 2011 | Main Library - Latino/Hispanic Room | 100 Larkin Street | 11 a.m. to 1 p.m. |
| Saturday, June 4, 2011 | Community Meeting Room SFPD Mission Station | 630 Valencia Street (@17th) | 1 p.m. to 3 p.m. |
| CANCELLED - Will Be Rescheduled Saturday, August 27, 2011 | SFPL Richmond Branch Library (Cantonese translation provided) | 351 9th Avenue | 1 p.m. to 3 p.m. |
| Saturday, September 24, 2011 | Park Branch Library (SFPL) | 1833 Page Street | 1 p.m. to 3 p.m. |
| Saturday, October 22, 2011 | Presidio Branch Library (SFPL) | 3150 Sacramento Street | 1 p.m. to 3 p.m. |
| Saturday, October 29th, 2011 | Chinatown Resource Fair | Washington & Kearny Streets | 11 a.m. to 2 p.m. |
Adjusted Relocation Payments under the Ellis Act
Back to topAdjusted Relocation Payments for No-Fault Evictions
Back to topReturn
Return to the San Francisco Rent Board News Archive.