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June 10, 2008 (Public Hearing)

June 10, 2008 (Public Hearing)

May 27, 2008

NOTICE OF PUBLIC HEARING

DATE: June 10, 2008

TIME: 7:00 P.M.

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

SUITE 70, LOWER LEVEL

SAN FRANCISCO, CALIFORNIA

THE RENT BOARD COMMISSIONERS INVITE THE PUBLIC TO COMMENT ON PROPOSED CHANGES TO THE RULES AND REGULATIONS GOVERNING THE RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE, CHAPTER 37 OF THE SAN FRANCISCO ADMINISTRATIVE CODE.

THE COMMISSION IS TAKING PUBLIC COMMENT ON PROPOSED AMENDMENTS TO RULES AND REGULATIONS SECTIONS 12.14 AND 1.12. THE INTENT OF THE AMENDMENTS ARE TO CLARIFY THAT THERE IS NO "MEANS TEST" FOR PURPOSES OF A TENANT'S QUALIFYING FOR PROTECTED STATUS AS DISABLED PURSUANT TO ORDINANCE SECTION 37.9(i)(1)(B); AND TO REFLECT THE CORRECT MONTH FOR CALCULATING THE ANNUAL ALLOWABLE RENT INCREASE.

You may either comment at the Public Hearing and/or submit written comments. If you would like to submit written comments, it is requested that they be received at the Department no later than 5 p.m. on Tuesday, June 3, 2008, so that the Commissioners can be mailed your comments and review them prior to the hearing. Written comments may also be submitted at the hearing. Please submit 12 copies of your comments in order to facilitate their distribution. You will be able to address the Commissioners during the public comment period at the hearing.

Note: Additions in underline; deletions in strikethrough.

Section 12.14 Evictions under Section 37.9(a)(8)

(d) A tenant is disabled under Ordinance Section 37.9(i)(1)(B)(i) if the tenant meets the standard for blindness or disability under the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP). In determining whether a tenant is disabled as defined under Section 37.9(i)(1)(B)(i), a finder of fact shall consider relevant evidence, including:

(1) findings by any government entity concerning a disability;

(2) testimony concerning the disability; and

(3) medical evidence concerning the disability.

Section 1.12 Annual Rent Increase

(Amended February 21, 1984; effective March 1, 1984; amended

December 8, 1992; Subsection (b) amended August 20, 1996.

(a) Where a landlord is entitled to an annual rent increase to be effective from December 8, 1992 through February 28, 1993, the allowable amount of increase is 1.6%. Thereafter, the annual allowable increase determined by the Board shall become effective each March 1, and shall be no more than 60% of the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose region as

published by the U.S. Department of Labor for the 12 month period ending November 30 October 31. In determining the allowable percentage rent increase, numbers of .04 and below shall be rounded down to the nearest tenth decimal place, and numbers of .05 and above shall be rounded up to the nearest tenth decimal place. In no event, however, shall the allowable annual increase be greater than seven percent (7%). The Rent Board shall publish the annual allowable increase amount on or about January 1. The published increase shall be determined only once for each 12 month period and shall remain in effect until the next scheduled recalculation.

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