- Annual Rent Increase for 3/1/17-2/28/18 Announced
- Appointment of the Rent Board Executive Director
- City Appeals Superior Court Order Enjoining Enforcement of Ord Amendment re Increased Eviction Protections for School Employees & Families with Children During the School Year - Update #2 (10/11/16)
- Superior Court Strikes Ordinance Amendment re Increased Eviction Protections for School Employees and Families with Children During the School Year
- Amendments to Establish A Single Procedure for Tenants to Request Financial Hardship Relief Passed
- New Eviction Protections for School Employees & Families with Children During the School Year
- New Eviction Notice Requirements as of March 19, 2016
- Return
Sections
- Annual Rent Increase for 3/1/17-2/28/18 Announced
- Appointment of the Rent Board Executive Director
- City Appeals Superior Court Order Enjoining Enforcement of Ord Amendment re Increased Eviction Protections for School Employees & Families with Children During the School Year - Update #2 (10/11/16)
- Superior Court Strikes Ordinance Amendment re Increased Eviction Protections for School Employees and Families with Children During the School Year
- Amendments to Establish A Single Procedure for Tenants to Request Financial Hardship Relief Passed
- New Eviction Protections for School Employees & Families with Children During the School Year
- New Eviction Notice Requirements as of March 19, 2016
- Return
Annual Rent Increase for 3/1/17-2/28/18 Announced
Effective March 1, 2017 through February 28, 2018, the allowable annual increase amount is 2.2%. In accordance with Rules and Regulations Section 1.12, this amount is based on 60% of the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose region for the 12-month period ending October 31, which was 3.6% as posted in November 2016 by the Bureau of Labor Statistics.
To calculate the dollar amount of the 2.2% annual rent increase, multiply the tenant's base rent by .022. For example, if the tenant's base rent is $1,500.00, the annual increase would be calculated as follows: $1,500 x .022 = $33.00. The tenant's new base rent would be $1,533.00 ($1,500.00 + $33.00 = $1533.00).
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Appointment of the Rent Board Executive Director
At its October 11, 2016 meeting, the Rent Board Commission held a closed session to discuss public employee appointment and hiring. After finding that one candidate for the position of Executive Director was uniquely qualified, the Board voted unanimously to nominate that one candidate and forward the name to the Mayor. On October 21, 2016, Mayor Lee appointed Robert A. Collins as the Rent Board’s Executive Director.
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City Appeals Superior Court Order Enjoining Enforcement of Ord Amendment re Increased Eviction Protections for School Employees & Families with Children During the School Year - Update #2 (10/11/16)
On October 11, 2016, the City appealed the Superior Court's August 31, 2016 ruling in SFAA v. CCSF that enjoined the City from enforcing Ordinance No. 160100 (no-fault eviction protections during the school year for students and educators). The injunction remains in place while the appeal is pending, so the prior amendment to Section 37.9(j) (Ordinance No. 33-10) is currently in effect.
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Superior Court Strikes Ordinance Amendment re Increased Eviction Protections for School Employees and Families with Children During the School Year
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Amendments to Establish A Single Procedure for Tenants to Request Financial Hardship Relief Passed
The Rent Board Commissioners voted to adopt new Rules and Regulations Section 10.15 effective August 13, 2016 to establish uniform procedures and financial eligibility standards for all tenant requests for hardship relief from payment of capital improvement passthroughs, O&M increases, utility passthroughs and water revenue bond passthroughs. Hardship applications and appeals filed before the effective date of 8/13/16 will be processed under the prior procedures and standards.
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New Eviction Protections for School Employees & Families with Children During the School Year
Updated: June 29, 2016
Updated: May 4, 2018
Effective May 22, 2016, Rent Ordinance Section 37.9(j) was amended to prohibit certain no-fault evictions during the school year if a child under 18 or a person who works at a school in San Francisco resides in the rental unit, is a tenant in the unit or has a custodial or family relationship with a tenant in the unit, and the tenant has resided in the unit for 12 months or more.
These eviction protections apply to the following types of no-fault evictions where the effective date of the eviction notice falls during the school year: owner/relative move-in [37.9(a)(8)], condominium conversion [37.9(a)(9)], demolition/permanent removal of unit from housing use [37.9(a)(10)], temporary eviction to perform capital improvements [37.9(a)(11)], or substantial rehabilitation [37.9(a)(12)].
There is one exception to the new eviction protections: a landlord may proceed with a temporary capital improvement eviction under 37.9(a)(11) during the school year, even when there are protected tenants in the unit, where the temporary eviction is in connection with a mandatory soft-story seismic retrofit under Building Code Chapter 34B.
The previous exceptions for owners that applied to owner move-in evictions during the school year (i.e. owner has only one rental unit in the building or owner is moving in with his/her own child under 18) no longer apply.
The tenant has 30 days after service of the of the landlord's written request or eviction notice to claim protected status under 37.9(j). If the tenant does not submit a timely claim of protected status, such failure shall be deemed an admission that the tenant is not protected from eviction under 37.9(j). Any dispute regarding a tenant's protected status may be decided by the court or the Rent Board. Section 37.9(j) is set forth below.
(j) The following additional provision shall apply to a landlord who seeks to recover a rental unit by utilizing the grounds enumerated in Sections 37.9(a)(8), (a)(9), (a)(10), (a)(11), or (a)(12).
(1) It shall be a defense to an eviction under Sections 37.9(a)(8), (a)(9), (a)(10), (a)(11), or (a)(12) if a child under the age of 18 or any educator resides in the unit, the child or educator is a tenant in the unit or has a custodial or family relationship with a tenant in the unit, the tenant has resided in the unit for 12 months or more, and the effective date of the notice of termination of tenancy falls during the school year.
(2) Section 37.9(j)(1) shall not apply where the landlord is seeking to temporarily evict or temporarily sever housing services in order to perform seismic work required by Building Code Chapter 34B and has provided notice and compensation as required by Administrative Code Chapter 65A.
(3) Within 30 days of personal service by the landlord of a written request, or, at the landlord’s option, a notice of termination of tenancy under Sections 37.9(a)(8), (a)(9), (a)(10), (a)(11), or (a)(12), the tenant must submit a statement with supporting evidence to the landlord, if the tenant claims to be a member of the class protected from eviction by Section 37.9(j). The landlord’s written request or notice shall contain a warning that a tenant’s failure to submit a statement within the 30 day period shall be deemed an admission that the tenant is not protected from eviction by Section 37.9(j). The landlord shall file a copy of the landlord’s request or notice with the Rent Board within 10 days of service on the tenant. A tenant’s failure to submit a statement within the 30-day period shall be deemed an admission that the tenant is not protected from eviction by Section 37.9(j). A landlord may challenge a tenant’s claim of protected status either by requesting a hearing with the Rent Board or, at the landlord’s option, through commencement of eviction proceedings, including service of a notice of termination of tenancy. In the Rent Board hearing or the eviction action, the tenant shall have the burden of proof to show protected status. No civil or criminal liability under Section 37.9(e) or (f) shall be imposed upon a landlord for either requesting or challenging a tenant’s claim of protected status.
(4) For purposes of this Section 37.9(j), the following terms have the following meanings:
“Custodial relationship” means, with respect to a child and a tenant, that the tenant is a legal guardian of the child, or has a court-recognized caregiver authorization affidavit for the child, or has provided full-time custodial care of the child pursuant to an agreement with the child’s legal guardian or court-recognized caregiver and has been providing that care for at least one year or half of the child’s lifetime, whichever is less.
“Educator” means any person who works at a school in San Francisco as an employee or independent contractor of the school or of the governing body that has jurisdiction over the school, including, without limitation, all teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants.
“Family relationship” means that the person is the parent, grandparent, brother, sister, aunt, or uncle of the child or educator, or the spouse or domestic partner of such relations.
“School” means any state-licensed child care center, state-licensed family day care, and/or any public, private, or parochial institution that provides educational instruction for students in any or all of the grades from kindergarten through twelfth grade.
“School year” means the first day of instruction for the Fall Semester through the last day of instruction for the Spring Semester, as posted on the San Francisco Unified School District website for each year.
Update #1 (June 29, 2016):
On June 10, 2016, the San Francisco Apartment Association and Small Property Owners of San Francisco Institute filed a lawsuit in Superior Court Case No. 515087 challenging this Ordinance amendment. The amendment remains in effect. Further updates will be provided when there is a court decision in this case.
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New Eviction Notice Requirements as of March 19, 2016
Effective November 9, 2015, Rent Ordinance Section 37.9(c) was amended to require the landlord to attach to every eviction notice a copy of the new Rent Board Form 1007 (Notice to Tenant Required by Rent Ordinance Section 37.9(c)). The form is required to state that "a tenant's failure to timely act in response to a notice to vacate may result in a lawsuit by the landlord to evict the tenant" and that advice regarding the notice to vacate is available from the Rent Board.
Also effective November 9, 2015, and pursuant to Ordinance Section 37.9(c) as amended, all notices to vacate under the following Rent Ordinance Sections must state in the notice to vacate the lawful rent for the unit at the time the notice to vacate is issued: 37.9(a)(8) (owner/relative move-in); 37.9(a)(9) (sale of condominium); 37.9(a)(10) (demolition/permanent removal of unit from housing use); 37.9(a)(11) (temporary eviction to perform capital improvements); and, 37.9(a)(14) (temporary eviction to perform lead remediation).
Effective March 19, 2016, Section 37.9(c) was amended again to require that Form 1007 also include information provided by the Mayor's Office of Housing and Community Development regarding eligibility for affordable housing programs.
Rent Board Form 1007 was updated on March 19, 2016 and is now a two-page form that includes the "Notice to Tenant" in six required languages. Page one includes the information in English, Spanish and Vietnamese. Page two includes the information in Chinese, Russian and Filipino. The landlord must attach a copy of the form that is in the tenant's primary language to the eviction notice, except that if the tenant's primary language is not one of the six required languages, the landlord must attach page one of Form 1007 that contains the information in English.
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