September 16, 2003 (Public Hearing)
August 29, 2003
NOTICE OF PUBLIC HEARING
September 16, 2003
||25 VAN NESS AVENUE (AT MARKET ST.)
SUITE 70, LOWER LEVEL
SAN FRANCISCO, CALIFORNIA
THE RENT BOARD COMMISSIONERS
INVITE THE PUBLIC TO COMMENT ON THE PROPOSED AMENDMENTS TO THE UNIFORM VISITOR
POLICY PURSUANT TO SECTION 41D.6 OF THE ADMINISTRATIVE CODE. INTERESTED PARTIES
ARE INVITED TO COMMENT ON THE PROPOSED AMENDMENTS THAT WOULD HELP EFFECTUATE
THE GOALS AND REQUIREMENTS OF THIS CHAPTER.
SPEAKERS WILL HAVE TWO (2) MINUTES EACH TO COMMENT ON THE POLICY. COMMENTS MAY ALSO BE MAILED AND SHOULD BE RECEIVED AT THE RENT BOARD NO LATER THAN SEPTEMBER 10, 2003, SO THAT THEY CAN BE MAILED AND RECEIVED BY THE COMMISSIONERS PRIOR TO THE HEARING. COMMENTS ARRIVING AFTER THIS TIME MAY NOT BE RECEIVED IN TIME TO BE ADEQUATELY CONSIDERED.
UNIFORM VISITOR POLICY IN SRO HOTELS
Proposed Amendments as Recommended
By the Visitor Policy Committee
August 26, 2003
Adopted Dec. 5, 2001, amended ______2003
Amendments are in bold italics, deletions in
1. No owner or operator of a single room occupancy hotel (SRO) shall deny a guest or occupant of the hotel the right as to:
A. Day Time Visitors
a. To receive visitors between 9:00 a.m. and 9:00 p.m. daily.
And A maximum of two (2) day time visitors at a time per room may be imposed by management. There is no limit on the total number of visitors a tenant may have per day, week or month.
b. Children 10 years old and under shall not be counted towards the visitor limitation rule. However, a maximum of two (2) children per room at a time can be imposed by management.
c. Professional service providers shall not be counted towards the visitor limitation rule.
B. Over Night Guests
d. To have eight (8) overnight guests per month, limited to one visitor per tenant per night. Only tenants who have resided in their unit for 32 continuous days or more shall be entitled to have overnight guests.
e. For tenancies of two persons per room, each tenant is permitted to have eight (8) overnight visitors per calendar month, but those tenants will have to reach agreement as to who will have the one (1) visitor per night if there is a dispute.
c. Tenants are entitled to have a visitor stay eight (8) days consecutively in a calendar month.
2. Owners and operators of SROs shall have the right to adopt reasonable rules and regulations to ensure that the visitor rights set forth above do not infringe on the health and safety of the building and/or otherwise interfere with the tenants' right of quiet enjoyment.
a. Owners or operators are entitled to request that visitors provide identification as follows:
1. Only ONE of the following types of I.D. need be provided: A valid and current passport, a California Dept. of Motor Vehicles (DMV)-Issued I.D., a Mexican Consular Registration Card or Resident Alien Card, or in the alternative,
2. For other types of I.D.s, the following must be provided if requested:
a. A valid and current federal or state government agency issued picture I.D., plus,
b. Another valid and current I.D.
3. Owners/managers can require that an I.D. be left with management during the visitor's stay.
4. A log must be maintained by management and the visitor must sign in and sign out when the I.D. is surrendered and when it is returned.
5. If the I.D. is lost or misplaced and not returned within 12 hours of the visitor's request to have it returned, the owner/manager shall pay the visitor $20.00 in cash immediately upon demand by the visitor as compensation for the loss and inconvenience of replacing the lost I.D.
c. Owners and operators shall have the specific right to restrict visitors on two (2) of the three check days of each
first of every month. Providers are required to post those blackout dates at least five (5) days prior to the first blackout date on a minimum size of 81/2" x 11", to be posted prominently by the entrance or in the lobby. and
d. Owners and operators may
to deny visitor rights for 30 days to tenants who are repeat violators of hotel visiting rules. No penalty may be imposed until the second violation. All notices of violation of the policy, including the first notice, must be in writing with a copy provided to the tenant.
d. Tenants who disagree with the imposition of a penalty may either:
1. appeal to the operator or tenant representative (if one is present), or in the alternative,
2. the tenant may go directly to the Rent Board for adjudication of their complaint.
a. Owners and operators shall also have the right to limit the number of nights any single visitor can make to the property to eight (8) per month.
3. Nothing in this section shall interfere with the rights of owners and operators of SROs to exclude specific visitors who willfully or wantonly:
A. Disturb the peaceful enjoyment of the premises by other tenants and neighbors, or,
B. Destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities or equipment used in common.
C. Tenants who have committed repeated violations of the visitor policy could be construed as creating a nuisance on the property or constituting substantial interference with the comfort, safety or enjoyment of the landlord or tenants, which could be a just cause for eviction under the Rent Ordinance, as determined by the courts.
4. SRO owners or operators shall make available to their tenants a copy of any written Supplemental Visitor Policy that complies with this policy. SRO owners or operators
must prominently post the same Visitor Policy in the lobby. are required to prominently post the Uniform Visitor Policy and any Supplemental Visitor Policy on a minimum size of 81/2" x 11" by the entrance or in the lobby.
5. Other than as a settlement of an unlawful detainer action, a tenant cannot waive the rights as outlined in this legislation. Any agreement between the SRO owner or operator and the tenant that reduces or limits the rights set forth in this legislation shall be deemed void and unenforceable.
6. Tenants are accorded certain and specific rights as a result of this legislation. If the SRO owner or operator violates this provision, a tenant will have legal recourse and will be encouraged to visit the San Francisco Rent Stabilization Board or the Police, as appropriate.
7. SRO owners or operators seeking a modification of the rights set forth above may file a petition with the San Francisco Rent Stabilization Board and received a hearing on said petition. Notice of the time and date of said hearing shall be prominently posted by the SRO owner or operator above the front desk of the hotel, in the lobby and at least five (5) copies shall be posted on each floor of the building.