Rent Board Rules and Regulations: Part XIII - Reporting Obligations Under Rent Ordinance Section 37.15

Section 13.10 Reporting of “Approximate Square Footage”

(Adopted July 12, 2022)

            For the purpose of the reporting obligations imposed by Ordinance Section 37.15(b)(2)(C), approximate square footage shall be reported in 250 square foot increments as follows: 1-250; 251-500; 551-750; 751-1,000; 1,001-1,250; 1,251-1,500; 1,501-1,750; 1,751-2,000; 2,001-2,250; 2,251-2,500; 2,500+. In the absence of accurate building drawings or other similar data, an owner or manager may rely on any available information to approximate this information to the best of their ability. If approximate information cannot be ascertained, an owner or manager may state that the square footage is unknown and provide an explanation as to why the information is unknown (e.g., the owner/manager is unable to gain access to the unit to take specific measurements).

Section 13.11 “Bedroom” and “Bathroom” Defined

(Adopted July 12, 2022)

            For the purpose of the reporting obligations imposed by Ordinance Section 37.15(b)(2)(C) only, “bedroom” shall be defined as a room primarily used for sleeping which includes a closet and an accessible fire exit, and “bathroom” shall be defined as a room containing a bathtub, tub or shower compartment; water closet and lavatory or other similar facilities provided immediately adjacent thereto.

Section 13.12 Date “Occupancy Commenced”

(Adopted July 12, 2022)

            Pursuant to state law and the Rent Ordinance, the rights of tenants who do not have a written or current lease are protected. (See, e.g., Cal. Civ. Code §§ 1091, 1624(a)(3); Rent Ordinance §§ 37.2(t), 37.3(a).) As such, an owner or manager may not have exact or accurate information regarding the date a tenant’s occupancy commenced. In the absence of a current lease or other written document memorializing the date a tenant’s occupancy commenced, an owner or manager may rely on any available information to approximate this information to the best of their ability, including but not limited to a certificate of estoppel or a verbal statement from the tenant. If approximate information cannot be ascertained, an owner or manager may state that the date occupancy commenced is unknown, and provide an explanation as to why the information is unknown (e.g., the occupancy commenced prior to the owner/manager taking ownership or responsibility for the property).

Section 13.13 No Penalty for Inadvertent Failure to Report or Accurately Convey Information that is Unknown and Otherwise Unobtainable by Legal Means and Reasonable Efforts

(Adopted July 12, 2022)

            If certain information is unknown to an owner or manager, and the owner or manager is not able to ascertain exact information through legal means and reasonable efforts, the owner or manager may report requested information on information or belief, or note that information provided is approximate, or state that the requested information is unknown. An owner or manager who reports the required information in accordance with the foregoing shall be deemed to have substantially complied with the reporting requirements of Ordinance Section 37.15.

            Accordingly, when an owner or manager reports information required by Ordinance Section 37.15 under penalty of perjury, such information shall be considered to be reported on information and belief where the owner does not have direct, firsthand knowledge of the requested information, and an owner or manager shall not be penalized for failure to report information accurately or stating it is unknown, so long as they have reported the requested information “to the best of the owner’s or manager’s knowledge.”

            The form of certification under penalty of perjury shall be as follows:

I have used all reasonable diligence in preparing this statement. I have reviewed the statement and to the best of my knowledge the information contained herein is true and complete. To the extent I was unable, despite the use of reasonable diligence, to ascertain the exact information to be reported, I have provided the most accurate approximation that I can based on information and belief where possible or, where such approximation is not feasible, I have stated that the information is unknown. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Section 13.14 Licensing – Notice of Rent Increase

(Adopted July 12, 2022)

            A landlord who has substantially complied with their obligation to report information about a rental unit as described above shall receive a license to increase rent for that unit under Ordinance Sections 37.3(a)(1)-(2). Any rent increase under Ordinance Sections 37.3(a)(1)-(2) purporting to be effective while the landlord is unlicensed shall render the entire rent increase null and void; provided, however, that the effective date of the rent increase, not the date of service, shall be used to determine whether or not the increase conforms with the provisions of this section. Nothing in this Regulation shall affect a landlord’s banking rights or the ability to accumulate otherwise lawful rent increases that were found to be null and void.

            This section shall apply to all rent increases that are effective on or after July 1, 2022, except that with respect to condominium units and buildings with less than ten residential units, this section shall only apply to rent increases that are effective on or after March 1, 2023.

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