No Regulations Passed to Implement Mirkarimi Legislation
At its March 6, 2007 meeting, the Rent Board decided not to adopt regulations to implement the Mirkarimi legislation requiring good cause to sever certain housing services since both landlord and tenant commissioners indicated opposition to the proposed regulations. If the landlord and tenant commissioners can agree on proposed regulations in the future, the Board will revisit the issue. In the meantime, Rent Board staff will inform members of the public of the Mirkarimi Ordinance provisions and that it is up to the courts to interpret the provisions. The Board did amend Regulation 12.20(a) at the meeting to conform to the Mirkarimi legislation by deleting current subsection 12.20(a)(3) as follows:
(a) Unilaterally Imposed Obligations and Covenants
For purposes of an eviction under Section 37.9(a)(2) of the Ordinance, a landlord shall not endeavor to recover possession of a rental unit because of the tenantÕs alleged violation of an obligation or covenant of the tenancy, if such obligation or covenant was unilaterally imposed by the landlord and not agreed to by the tenant and either was not included, or is not materially the same as an obligation or covenant in the rental agreement mutually agreed to by the parties. The foregoing shall not apply to: (1) changes in obligations or covenants that are not material; (2) changes in material obligations or covenants required by law or to protect the health, safety and quiet enjoyment of the occupants of the building or adjoining properties;
or (3) material changes that have resulted in a substantial decrease in housing services with respect to garage, storage space, or access to common areas for which a commensurate rent reduction has been provided by the landlord; and ( 43) rent increases or other changes in the terms of a tenancy authorized under the Rent Ordinance and Rules and Regulations.