Section 8.10 Who Must File
Landlords who seek to obtain certification of substantial rehabilitation for exemption from Chapter 37 of the San Francisco Administration Code must apply for a certification hearing with the Rent Board.
Back to topSection 8.11 Time of Filing Application
After receipt of a final notice of completion from the Department of Public Works, the landlord seeking exemption must file an application for certification.
Back to topSection 8.12 Application for Certification
(Corrected August 20, 1996)
Application for certification shall be filed on a form provided by the Rent Board. The application shall include:
(1) A tenant history, including the names of all tenants in possession at the time substantial rehabilitation was noticed, their last known address, their rent at the time they left voluntarily or were evicted, which tenants were evicted, the names and unit number of any current tenants and their current rents;
(2) A detailed description of the substantial rehabilitation work itemizing all costs, including but not limited to site improvements, paving and surfacing, concrete, masonry, metals, wood and plastic, thermal and moisture protection, doors and windows, finishes, specialties, equipment, furnishings, conveying systems, mechanical and electrical work;
(3) Evidence that the building is over 50 years old;
(4) A determination of condemnation, and/or
(5) A determination by the Department of Building Inspection that the premises were ineligible for a permit of occupancy;
(6) A current abstract of title;
(7) A complete inspection report issued by the Department of Building Inspection made prior to the commencement of rehabilitation work;
(8) Proof of purchase price;
(9) Final notice of completion from the Department of Building Inspection;
(10) Copies of eviction notices to prior tenants;
(11) Copies of invoices, bids and cancelled checks substantiating the costs for which the landlord has not been compensated by insurance proceeds;
(12) Sufficient copies of the petition for distribution to each tenant;
(13) Copy of the current assessment;
(14) If claim is made for uncompensated labor, the application shall include a log of dates on which the work was performed, number of hours of work and description of the work performed, and, if claim is made for electrical or plumbing work, a copy of the worker's contractors license.
Back to topSection 8.13 Fees
(Corrected/Amended August 27, 1991)
See Sections 3.10 and 3.12 above.
Back to topSection 8.14 Notification of Tenants
Upon receipt of a completed application, the Rent Board shall notify the tenant or tenants of the subject unit or units by mail, of the receipt of such application. The notice shall also state that the tenant has a right to attend a hearing regarding the application. The Board shall calendar the petition for hearing before a designated Administrative Law Judge and shall give written notice of the date to the parties at least ten (10) days prior to the hearing.
Back to topSection 8.15 Valuation of Uncompensated Labor
See Section 7.13 above.
Back to topSection 8.16 Inspection of Building
See Section 7.11 above.
Back to topSection 8.17 Tenant Objections
Tenant objections may be on the basis that the work claimed to be performed was not performed, that the work performed was necessitated by the current landlord's deferred maintenance resulting in a code violation, that the costs claimed are not true or reasonable costs, or that the work done was not principally directed to code compliance. The tenant shall include as much documentation to support the objection as the tenant has reasonably available.
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