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May 30, 2006 (Public Hearing)

May 30, 2006 (Public Hearing)

May 17, 2006

NOTICE OF PUBLIC HEARING

DATE: May 30, 2006

TIME: 6:00 P.M.

PLACE: 25 VAN NESS AVENUE (AT MARKET ST.)

ROOM #70, LOWER LEVEL

SAN FRANCISCO, CALIFORNIA

THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON IMPLEMENTATION OF THE UNIFORM VISITOR POLICY PURSUANT TO SECTION 41D.6 OF THE ADMINISTRATIVE CODE. A COMMITTEE WAS CONVENED TO ADDRESS ISSUES RAISED AT A PUBLIC HEARING ON THE VISITOR POLICY, WHICH WAS HELD ON JANUARY 17, 2006. THE SUGGESTIONS OF THAT COMMITTEE WERE TO: ESTABLISH 11:00 A.M. AS A MORNING CHECK-OUT TIME; HAVE VIOLATIONS OF THE POLICY EXPIRE AFTER EIGHTEEN MONTHS; AND DISALLOW THE RETENTION OF IDs, BUT PROVIDE THAT TENANTS MUST ESCORT THEIR VISITORS OUT OF THE BUILDING, WITH THE LOSS OF VISITOR PRIVILEGES FOR THIRTY DAYS IF THEY DO NOT DO SO. SUBSEQUENT TO THE COMMITTEE MEETING, A SUGGESTION WAS ALSO MADE TO REVERT THE CURRENT LANGUAGE, "CAREGIVERS OF DISABLED TENANTS SHALL BE EXEMPT FROM VISITOR LIMITATIONS" BACK TO "PROFESSIONAL AND/OR NECESSARY SERVICE PROVIDERS SHALL NOT BE COUNTED TOWARDS THE VISITOR LIMITATION RULE", AS THE CURRENT LANGUAGE WOULD NOT APPLY TO NECESSARY SERVICE PROVIDERS IF THE TENANT IS NOT DISABLED.

INTERESTED PARTIES ARE INVITED TO COMMENT ON THE PROPOSED AMENDMENTS TO THE CURRENT POLICY, LAST AMENDED DECEMBER 8, 2004. SPEAKERS WILL HAVE THREE (3) MINUTES EACH TO COMMENT ON THE POLICY. Comments may also be mailed and should be received at the Rent Board no later than MAY 23, 2006, 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.

A COPY OF THE PROPOSED AMENDMENTS TO THE POLICY CAN BE OBTAINED AT THE RENT BOARD OFFICE, 25 VAN NESS, SUITE 320, OR ON THE RENT BOARD WEB SITE (www.sfgov.org/rentboard) UNDER BOARD MEETING AGENDAS, 2006."

UNIFORM HOTEL VISITOR POLICY

Proposed Amendments (underline indicates new language; strike-through indicates deleted language)

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

To receive visitors between 9:00 a.m. and 9:00 p.m. daily. 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.

Children 13 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.

B. Overnight Guests

1. 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 thirty-two (32) continuous days or more shall be entitled to have overnight guests. Court-ordered custodial rights, which end at age seventeen (17), shall be honored for purposes of consecutive overnight stays but any such visits shall be counted toward the limitation on the number of overnight visitors.

2. For tenancies of two (2) 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.

3. Tenants are entitled to have a visitor stay eight (8) days consecutively in a calendar month. Any visitor staying consecutive nights, as agreed upon, shall not be required to check in and out during the course of a consecutive stay. Otherwise, the visitor must check out by 11:00 a.m. or make arrangements with the desk to become a day time visitor.

4. Requests for overnight guests shall be made no later than 9:00 p.m. on the same day.

C. Caregivers of disabled tenants shall be exempt from visitor limitations. The owner or operator of the hotel may request medical verification or a caregiver I.D. card.

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 Department of Motor Vehicles (DMV) issued I.D., a Mexican Consular Registration Card or Resident Alien Card, merchant seaman I.D., a Day Labor Program I.D., Veteran's Administration I.D. or any valid California or out-of-state current government agency issued picture I.D.

2. Owners/managers can require that an I.D. be left with management during the visitor's stay, but they must provide a receipt if they do so. Owners/managers cannot require that an I.D. be left with management during the visitor's stay. However, tenants must escort their visitors out of the building and make sure that they sign out. If a tenant's visitor does not sign out upon leaving, the tenant may lose their visitor privileges for thirty days, and this violation does not need to be put in writing.

3. A log must be maintained by management and the visitor must sign in and sign out when the if an I.D. is surrendered and when it is returned.

4. If the an 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 $75.00 in cash immediately upon demand by the visitor as compensation for the loss and inconvenience of replacing the lost I.D.

B. Owners and operators shall have the specific right to restrict visitors on two (2) of the three (3) actual check days of each 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 8-1/2" x 11", to be posted prominently by the entrance or in the lobby. Blackout dates shall not apply to children thirteen (13) years of age and under, custodial children or consecutive visitors.

C. Owners and operators may 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, and violations shall expire after 18 months. All notices of violation of the policy, including the first notice, must be in writing with a copy provided to the tenant. These limitations on the right to revoke visitor rights do not apply in the case of failing to ensure that a guest signs out upon leaving the building, as specified in Section 2A(2) above.

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.

E. 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 calendar month.

F. Tenants shall not be required to escort their visitors to the bathroom or other common areas of the building, except as specified in Section 2A(2) above. However, the tenant is responsible for the conduct of their unaccompanied visitor.

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;

B. destroy, deface, damage, impair, or remove any part of the structure or dwelling unit, or the facilities or equipment used in common; or,

C. have committed repeated violations of the visitor policy which can 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 can 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 are required to prominently post the Uniform Visitor Policy and any Supplemental Visitor Policy on a minimum size of 11" x 17" 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 receive 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.

8. The Rent Board shall translate the Uniform Visitor Policy into the predominant languages of the community and make them available as needed.

Last updated: 10/9/2009 11:26:10 AM