San Francisco Rent Board News Archive: 2021

New Legislation re Accessory Dwelling Units (ADUs)
Annual Rent Increase for 3/1/22-2/28/23 Announced
Residential Eviction Protections Due To COVID-19 Extended Through 12/31/21
Rent Board Fee Frequently Asked Questions (FAQ)
New legislation Requires the Rent Board to Collect the Rent Board Fee Through Invoices Rather than Through the Property Tax Bill
Residential Eviction Protections Due To COVID-19 Extended Through 9/30/21
Residential Eviction Protections Due To COVID-19 Extended Through 6/30/21
Rent Board Amends the Rules and Regulations re Board Elections and Voting Rights of Alternate Board Members
New Legislation Creates A Housing Inventory And Requires Owners To Obtain a License Before Imposing Annual/Banked Rent Increases
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New Legislation re Accessory Dwelling Units (ADUs)
Annual Rent Increase for 3/1/22-2/28/23 Announced
Residential Eviction Protections Due To COVID-19 Extended Through 12/31/21
Rent Board Fee Frequently Asked Questions (FAQ)
New legislation Requires the Rent Board to Collect the Rent Board Fee Through Invoices Rather than Through the Property Tax Bill
Residential Eviction Protections Due To COVID-19 Extended Through 9/30/21
Residential Eviction Protections Due To COVID-19 Extended Through 6/30/21
Rent Board Amends the Rules and Regulations re Board Elections and Voting Rights of Alternate Board Members
New Legislation Creates A Housing Inventory And Requires Owners To Obtain a License Before Imposing Annual/Banked Rent Increases
Return

New Legislation re Accessory Dwelling Units (ADUs)

Ordinance No. 208-21, which became effective on December 12, 2021, amends Planning Code Section 207(c)(4) to clarify the requirements for applications to construct Accessory Dwelling Units (ADUs) under the City’s "Local Program".

ADUs, also called secondary units, in-law units, or cottages, are units added to existing and new residential buildings. Although ADUs are often constructed in the common areas of a tenant-occupied building, Rent Ordinance Section 37.2(r) prohibits a landlord from removing or reducing certain common-area amenities from a tenancy, such as storage, parking, or laundry facilities, without a just cause.

The legislation requires property owners who intend to construct an ADU under the City’s Local Program to first provide the building tenants a Notice of Addition of ADU(s), which describes the proposed ADU project, along with a written Declaration under penalty of perjury stating whether or not the ADU project will result in the loss of any tenant housing services.

The Notice and Declaration must be posted in an accessible common area of the building, and mailed or delivered to each unit (including unauthorized units and vacant units), at least 15 calendar days prior to submitting an application to construct the ADU. Both the Notice and the Declaration must be provided to tenants and filed with the Rent Board before the owner’s ADU permit application can be filed with the Planning Department. You can find the Planning Department's instructions for how to deliver the Notice and Declaration here.

Tenants at the property may contest the information in the property owner's Declaration by filing a Tenant Objection and Request for Hearing form. The Tenant Objection form must be filed within 30 calendar days of the date the tenant was provided the property owner's Declaration and Notice of Addition of ADU(s). If the 30th day falls on a weekend or legal holiday, the Tenant Objection form may be filed on the following business day. If no Tenant Objection forms are timely filed, the Rent Board will transmit the property owner's Declaration to the Planning Department. If a Tenant Objection is timely filed, the Rent Board will endeavor to transmit the property owner's Declaration and its final written determination to the Planning Department within 90 calendar days of receipt of the Tenant Objection form. The Planning Department will not approve an application to construct an ADU under the Local Program unless (1) the Rent Board has transmitted the property owner's Declaration and final written determination and (2) the materials transmitted by the Rent Board indicate that construction of the ADU will not result in the removal or substantial reduction of any tenant housing services set forth in Administrative Code Section 37.2(r), unless the property owner demonstrates that a "just cause" exists for the removal/reduction or that the tenant supplied with that housing service has given their express written consent for the removal/reduction.

In addition, the legislation amends Rent Ordinance Sections 37.2(r) and 37.9(f) to clarify that the issuance of a permit to construct an ADU does not, on its own, constitute a just cause for the purpose of removing or substantially reducing a housing service, and to provide tenants with additional remedies (including treble damages) in the event housing services are removed by the property owner in violation of 37.2(r).

Annual Rent Increase for 3/1/22-2/28/23 Announced

Effective March 1, 2022 through February 28, 2023, the allowable annual increase amount is 2.3%. 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 3.8% as posted in November 2021 by the Bureau of Labor Statistics.

To calculate the dollar amount of the 2.3% annual rent increase, multiply the tenant's base rent by .023. For example, if the tenant's base rent is $1,500.00, the annual increase would be calculated as follows: $1,500.00 x .023 = $34.50. The tenant's new base rent would be $1,534.50 ($1,500.00 + $34.50 = $1,534.50).

Residential Eviction Protections Due To COVID-19 Extended Through 12/31/21

On November 30, 2020, Rent Ordinance Section 37.9 was amended pursuant to Ord. No. 216-20 to prohibit landlords from evicting residential tenants until April 1, 2021 (later extended through September 30, 2021), unless the eviction is based on the non-payment of rent, the Ellis Act, or is necessary due to violence-related issues or health and safety issues. On November 12, 2021, the Mayor of San Francisco signed legislation passed by the Board of Supervisors to extend these eviction protections through December 31, 2021.

The legislation amends Ordinance Section 37.9(n), effective December 12, 2021, as fully set forth below.

(n) Additional Just Cause Requirements Due to COVID-19.

(1) No landlord shall endeavor to recover possession of a rental unit on or before December 31, 2021 unless necessary due to violence, threats of violence, or health and safety issues. This limitation shall be in addition to the just cause requirements set forth in Section 37.9(a), and shall apply to all rental units, including those that are otherwise exempt from just cause requirements pursuant to Section 37.9(b). However, this additional limitation shall not apply to evictions due to unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due between March 1, 2020 and March 31, 2022, inclusive; or to evictions under Section 37.9(a)(13).

(2) The protections in subsection (1) shall also apply to units where the rent is controlled or regulated by the City, notwithstanding Section 37.2(r)(4), including without limitation privately-operated units controlled or regulated by the Mayor’s Office of Housing and Community Development and/or the Department of Homelessness and Supportive Housing.

(3) This Section 37.9(n) is intended to limit evictions until January 1, 2022, and shall therefore apply to all residential dwelling units described in subsections (1) and (2), including but not limited to those where a notice to vacate or quit was pending as of the date that this Section 37.9(n) first took effect and regardless whether the notice was served before or after September 15, 2020.

(4) This Section 37.9(n) shall expire by operation of law on January 1, 2022, unless extended by ordinance. Upon expiration, the City Attorney shall cause this Section 37.9(n) to be removed from the Administrative Code.

Rent Board Fee Frequently Asked Questions (FAQ)

Rent Board Fee Frequently Asked Questions

UPDATE - If you have a delinquent 21-22 Fee obligation, you should have received a letter in October 2022 with further instructions. The 2023 Fee cycle will begin on November 1, 2022 with an exemption request period and you can pay your 2023 Fee beginning in January 2023.

Why was I billed for the 21-22 Rent Board Fee?

The City and County of San Francisco imposes a per-unit fee on owners of residential property to fund the services and administrative cost of running the Rent Board. In prior tax years, the fee was collected as a charge included on the property owner’s tax bill. Beginning in tax year 2021-2022, the Rent Board is now required to invoice owners directly for the Fee. Because the use of a residential unit can change at any time, the Rent Board cannot assume whether the property is owner-occupied, rented to a tenant, vacant, or used in some other way that may qualify it for an exemption from payment of the Fee (click here for more information regarding properties that are exempt from payment of the Rent Board Fee)

I did not pay the 21-22 Rent Board Fee for my property and I want to pay now. How do I pay?

The regular 21-22 Rent Board Fee cycle has closed for the year. If you still owe the 21-22 Fee, you should have received a Notice of Delinquent 21-22 Rent Board Fee. You will have 30 days from the date of the notice to pay your delinquent Fee obligation, which includes late penalties. You can pay in person by check or cash at the Office of the Treasurer and Tax Collector in City Hall, Room 140, during business hours, or by mailing a check to:

San Francisco Rent Board

PO Box 7429

San Francisco, CA 94120-7429

I did not pay the 21-22 Rent Board Fee for my property because I recently sold it. Why do I still owe the 21-22 Rent Board Fee?

If you owned the property on the March 1, 2022 Rent Board fee payment due date, you still owe the 21-22 Rent Board Fee. In addition to making payment, please also email rentboard.inventory@sfgov.org with the subject heading: "Rent Board Fee: Change of Ownership," and include the property address and the APN (Assessor's Parcel Number) with all information you have that documents the change of ownership. Please include a copy of the Annual Notice (bill) in the email.

I did not pay the 21-22 Rent Board Fee for my property and I think my unit should be exempt. How do I request an exemption?

The period to request an exemption from payment of the 21-22 Rent Board fee has passed. If you want to claim an exemption for the 2023 Rent Board fee cycle, look out for mail in early November 2022 that explains how to request an exemption via the Rent Board’s online Portal.

I did not pay the 21-22 Rent Board Fee for my property and I don’t think I should have to. What will happen?

If you receive a Notice of Delinquent 21-22 Rent Board Fee and don’t pay your delinquent Fee obligation after 30 days, the obligation will be referred to the Bureau of Delinquent Revenue at the Office of the Treasurer and Tax Collector (the City’s collections agency).

Some of my units are vacant, why am I still being charged this fee?

The Rent Board is still required to charge the fee, even if the unit is vacant.

This 21-22 Rent Board Fee Annual Notice (bill) was mailed to me and I am an owner, but I don’t deal with the property’s business and I shouldn’t be receiving notices.

Please log into the Portal using the PIN provided on the Annual Notice (bill) and update the primary contact and mailing address for the property.

I think I received this bill in error, how do I get the bill rescinded?

Certain dwelling units are exempt from payment of the Rent Board Fee. The period to request an exemption from the 21-22 Rent Board fee has passed. If you want to claim an exemption for the 2023 Rent Board fee cycle, look out for mail in early November 2022 that explains how to request an exemption via the Rent Board’s online Portal.

What happens if I don’t pay the Rent Board fee?

The Rent Board Fee must be paid no later than March 1 of each year. A 5% penalty will be added to the amount of the fee if it has not been paid by March 1, an additional 5% if the fee has not been paid by April 1, and an additional 5% if the fee has not been paid by May 1 (for a penalty total of a 15%). If the fee remains outstanding as of June 1, the Rent Board will mail you a Notice of Delinquent Rent Board Fee, and you will have 30 days to pay your outstanding Fee obligation. If you still do not pay, the Rent Board will refer the matter to the Bureau of Delinquent Revenue (the collection agency for the City and County of San Francisco). A commission will be placed on top of the outstanding Fee obligation. If you ultimately don’t pay, your credit might be adversely affected.

Can I pass on the cost of the fee to my tenants?

For the 2021-2022 tax year, the rental unit fee is $59.00 per apartment unit and $29.50 per residential hotel room. A landlord may collect 50% of the fee from tenants, which is $29.50 per apartment unit and $14.75 per residential hotel room. More information can be found here.

I keep getting billed for this fee every year, how do I make it stop?

You must request an exemption during that year’s Rent Board Fee cycle exemption request period. The 21-22 fee cycle exemption request period has passed. The 2023 Fee cycle exemption request period will begin in November 2022. Approval of an exemption request for one year does not guarantee that the property owner will not be asked for this information again in subsequent years.

I paid a greater Rent Board Fee than was the final assessed amount and believe I should receive a partial or full refund for 21-22.

In some limited situations an owner may be entitled to a refund of the fee for 21-22, including if an exemption was granted after payment was made, or if the Rent Board adjusted the unit count after payment was made. In these situations, the owner is not required to take any affirmative steps to request a refund. The Rent Board will issue automatic refunds for those who are eligible. While refunds will be issued automatically, this may take several months to process. Reaching out to the Rent Board or 311 will not expedite this process. You can check the Portal to verify the amount you paid and compare it to your total obligation.

I was incorrectly billed for this fee in past years, how do I get a refund?

You cannot get a refund for fees billed and paid in years prior to 21-22. You can only seek an exemption for the current year’s fee.

My property is a tenancy in common (TIC) or has multiple owners. Which owner will receive the Rent Board Fee invoice?

The Rent Board Fee invoice is mailed to the primary contact for each property, which was initially obtained from property tax records. You may change the primary contact by logging into the Portal using the PIN provided on the Annual Notice (bill) and changing the primary contact and mailing address for the property. If you cannot access the Portal, you may email rentboard.inventory@sfgov.org to request that the Rent Board’s records be updated with new primary contact information. If you are an additional owner and would like a copy of a Rent Board notice, please email rentboard.inventory@sfgov.org.

The Site Address of my property in the Portal is not the right one for the residential unit(s) in my building. I want this fixed.

The system is anchored by parcel (Assessor's Parcel Number - the block and lot). The lowest building address in the range of building addresses for the property address often function as the system default. For some properties with multiple condominium unit numbers, the unit number may not appear. If no additional data has been entered into the system by Rent Board staff or the property owner, the lowest building address in the range of building addresses is often used as the system default. Rent Board staff can correct the record, but as long as the APN is correct, your payment will be properly credited.

Why is the photo of my property in the Portal not my property?

The photo associated with your property is an image the system automatically pulls from Google Maps based on the geolocation of the parcel number. The Rent Board does not have control over the accuracy of the picture.

October 2022

New legislation Requires the Rent Board to Collect the Rent Board Fee Through Invoices Rather than Through the Property Tax Bill

The City imposes a fee on owners of residential property to fund the Rent Board’s costs of administering services to implement the Rent Ordinance (the "Rent Board Fee"). In prior tax years, the Rent Board Fee was collected by means of an additional charge that appeared on the owner's property tax billing statement, and failure to pay the Rent Board Fee was enforced similar to a failure to pay the property taxes.

Effective in tax year 2021-2022, Administrative Code Section 37A was amended pursuant to Ord. No. 134-21 to remove the Rent Board Fee from the property tax billing statement. Instead, the Rent Board is now required to issue invoices to all owners who are required to pay the Rent Board Fee. The Rent Board will add a 5% penalty to the amount of the Fee if the Fee has not been paid by March 1 of each tax year, an additional 5% if the Fee has not been paid by April 1, and an additional 5% if the Fee has not been paid by May 1. If the Fee remains outstanding as of June 1, the Rent Board will refer the matter to the Bureau of Delinquent Revenue. No changes have been made to the methodology used to calculate the Fee, or the type of units subject to, or exempt from, payment of the Fee.

If you believe one or more of your units are not subject to the Rent Board Fee, you may submit a request for exemption from the Rent Board Fee between November 15 and December 15. The Rent Board Fee Exemption processing period will start on November 15 and will last through December 15. You will receive an Informational Notice by mail before November 15 which will instruct you how to file an online exemption request via the new Portal on the Rent Board’s website (coming soon).

A paper Rent Board Fee exemption request form will only be available for owners who do not have an email address. Paper exemption requests will not be accepted by email. The Rent Board highly encourages property owners to file exemption requests online beginning November 15. Any exemption request received prior to November 15 will not be processed by Rent Board staff.

The amendments to Administrative Code Section 37A are intended to align Rent Board Fee collection practices with other fees that are collected through invoices rather than via the property tax bill.

Residential Eviction Protections Due To COVID-19 Extended Through 9/30/21

On November 30, 2020, Rent Ordinance Section 37.9 was amended pursuant to Ord. No. 216-20 to prohibit landlords from evicting residential tenants until April 1, 2021 (later extended through June 30, 2021), unless the eviction is based on the non-payment of rent, the Ellis Act, or is necessary due to violence-related issues or health and safety issues. On May 25, 2021 the Board of Supervisors passed legislation to extend these eviction protections through September 30, 2021.

The legislation amends Ordinance Section 37.9(n) as fully set forth below.

(n) Additional Just Cause Requirements Due to COVID-19.

(1) No landlord shall endeavor to recover possession of a rental unit on or before September 30, 2021 unless necessary due to violence, threats of violence, or health and safety issues. This limitation shall be in addition to the just cause requirements set forth in Section 37.9(a), and shall apply to all rental units, including those that are otherwise exempt from just cause requirements pursuant to Section 37.9(b). However, this additional limitation shall not apply to evictions due to unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due between March 1, 2020 and June 30, 2021, inclusive; or to evictions under Section 37.9(a)(13).

(3) This Section 37.9(n) is intended to limit evictions until October 1, 2021, and shall therefore apply to all residential dwelling units described in subsections (1) and (2), including but not limited to those where a notice to vacate or quit was pending as of the date that this Section 37.9(n) first took effect and regardless whether the notice was served before or after September 15, 2020.

(4) This Section 37.9(n) shall expire by operation of law on October 1, 2021, unless extended by ordinance. Upon expiration, the City Attorney shall cause this Section 37.9(n) to be removed from the Administrative Code.

Residential Eviction Protections Due To COVID-19 Extended Through 6/30/21

On November 30, 2020, Rent Ordinance Section 37.9 was amended pursuant to Ord. No. 216-20 to prohibit landlords from evicting residential tenants until April 1, 2021, unless the eviction is based on the non-payment of rent, the Ellis Act, or is necessary due to violence-related issues or health and safety issues. On April 12, 2021, these eviction protections were extended through June 30, 2021 pursuant to Ord No. 29-21.

The Ordinance amends Section 37.9(n), which is set forth in full below.

(n) Additional Just Cause Requirements Due to COVID-19.

(1) No landlord shall endeavor to recover possession of a rental unit on or before June 30, 2021 unless necessary due to violence, threats of violence, or health and safety issues. This limitation shall be in addition to the just cause requirements set forth in Section 37.9(a), and shall apply to all rental units, including those that are otherwise exempt from just cause requirements pursuant to Section 37.9(b). However, this additional limitation shall not apply to evictions due to unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due between March 1, 2020 and June 30, 2021, inclusive; or to evictions under Section 37.9(a)(13).

(3) This Section 37.9(n) is intended to limit evictions until July 1, 2021, and shall therefore apply to all residential dwelling units described in subsections (1) and (2), including but not limited to those where a notice to vacate or quit was pending as of the date that this Section 37.9(n) first took effect and regardless whether the notice was served before or after September 15, 2020.

(4) This Section 37.9(n) shall expire by operation of law on July 1, 2021, unless extended by ordinance. Upon expiration, the City Attorney shall cause this Section 37.9(n) to be removed from the Administrative Code.

Rent Board Amends the Rules and Regulations re Board Elections and Voting Rights of Alternate Board Members

After a public hearing on February 16, 2021, the Rent Board Commission approved proposed amendments to Rules and Regulations Sections 1.10 (Alternates), 2.10 (Election of Officers), and 2.11 (Board Alternates).

Specifically, the amendments to Section 1.10 were intended to clarify that Alternate Board Members may vote in the election of Board Officers.

The amendments to Section 2.10 require the Board to hold elections on an annual basis, and allow Board Officers to be re-elected at the expiration of each term.

The amendments to Section 2.11 clarify that Alternate Board Members may participate in discussion and deliberations and may preside over appeal hearings and vote on Board resolutions and other Board governance, but may only vote on appeal decisions and regulation changes when the member for whom the alternate serves as alternate is not present or has been excused from voting.

The full text of the Rent Board’s Rules and Regulations can be found here.

New Legislation Creates A Housing Inventory And Requires Owners To Obtain a License Before Imposing Annual/Banked Rent Increases

HOUSING INVENTORY WEBSITE PORTAL - CLICK HERE

Ordinance No. 265-20, which became effective on January 18, 2021, requires owners of residential housing units in San Francisco to begin reporting certain information about their units to the Rent Board. The Rent Board will use this information to create and maintain a “housing inventory” of all units in San Francisco that are subject to the Rent Ordinance.

The Rent Board has developed a secure website portal that provides an interface for owners to submit the required information using an online form. The Rent Board may also develop a procedure for tenants to report information about their units, but reporting by tenants is optional and not required.

If the owner informs the Rent Board that the unit is occupied by an owner and is not rented at any time, no further information will needed to be reported about the unit. If a unit is not owner-occupied (either because it is vacant, tenant-occupied, or used for some other purpose), the owner will need to disclose certain additional information about the unit to the Rent Board, including:

The name and business contact information (address, phone number, email address) of the owner(s), or of the property manager, if any, designated by the owner(s) to address habitability issues;
The business registration number for the unit, if any;
The approximate square footage and number of bedrooms and bathrooms in the unit (to the best of the owner’s or manager’s knowledge);
Whether the unit is vacant or occupied, and the date the vacancy or occupancy commenced;
The start and end dates of any other vacancies or occupancies that have occurred during the previous 12 months;
For tenant-occupied units, the base rent reported in $250 increments, and whether the base rent includes payment of utilities by the landlord (e.g. water/sewer, refuse/recycling, natural gas, electricity, etc.); and;
Any other information that the Rent Board deems appropriate following a noticed public meeting in order to effectuate the purposes of the Rent Ordinance.

The Rent Board will use the information provided to generate reports and surveys, to investigate and analyze rents and vacancies, to monitor compliance with the Rent Ordinance, and to assist landlords and tenants and other City departments as needed. The Rent Board may not use the information to operate a “rental registry” within the meaning of California Civil Code Sections 1947.7 – 1947.8.

For units (other than condominium units) in buildings of 10 residential units or more, owners are required to begin reporting this information to the Rent Board by July 1, 2022, with updates due on March 1, 2023 and every March 1 thereafter. For condominium units and units in buildings with less than 10 residential units, reporting will begin on March 1, 2023 with updates due every March 1 thereafter. Owners are also required to inform the Rent Board within 30 days of any change in the name or business contact information of the owner or designated property manager.

In addition, the legislation requires owners to obtain a license from the Rent Board before imposing any annual and/or banked rent increases upon tenants. The license will only be issued by the Rent Board if the owner is in substantial compliance with the housing inventory’s reporting requirements. If the landlord does not provide the required information to the Rent Board, the owner’s license to impose annual and/or banked rent increases will be suspended for the period of noncompliance.

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