Proposed Amendments to the Rules and Regulations, Section 6.14 - 6/28/96
The following text is the current 6.14 proposal with modifications by Commissioner Wasserman as requested by the Commission at the June 23, 1996 commission hearing on Rule 6.14. Commissioner Wasserman"s additions to the text have been italicized and bolded for ease of identification. Please note that the changes made by Commissioner Wasserman do not substantively change the proposed language as presented at the Public Hearing held on this matter on June 23, 1996.
The Commission will continue their discussion of Rule 6.14 at the next commission meeting, July 2, 1996 at 5:30 p.m., 25 Van Ness Ave, Suite 70 on the Lower Level, under item VIII, Old Business. Comments may be made during either of the Public Comment periods or they may be submitted in writing prior to or at the meeting.
Section 6.14 Agreements to Pay Additional Rent for Change of Tenants
(Additions underlined; deletions in double brackets)
[[(a) A tenant is any tenant residing at the premises with the landlord"s permission, toleration, passive consent, or per written or oral agreement with the landlord, at any time since the Rent Ordinance was adopted on June 12, 1979. The landlord"s approval or permission to rent to an original tenant may be express, implied, or inferred from the behavior of the parties.]]
(a) A tenant is any person residing at the premises at any time since the rent Ordinance was adopted on June 16, 1979, who satisfied any one of the following criteria:
(1) has a written or oral agreement with the landlord; or
(2) has the landlord"s permission;or
(3) if the then applicable lease or other occupancy agreement does not contain a written covenant prohibiting sublease or assignment, then the person permanently resides at the premises with the landlord"s knowledge and consent; or
(4) if the then applicable lease or other occupancy agreement contains a written covenant prohibiting sublease or assignment, then as to whom the landlord has waived the enforcement of that covenant. With respect to this subsection, the tenant or other person attempting to assert a waiver, must show through any words or conduct that the landlord knowingly has relinquished his or her right to enforce any such covenant, except that acceptance of rent by the landlord shall not by itself operate as a waiver unless the owner has received written notice from the tenant that is a party to the written covenant and thereafter accepted rent.
(b) When one of the tenants as defined above resides in the unit, a new co- tenant or tenant does not create a new tenancy for purposes of the Rent Ordinance or otherwise change the terms and conditions of the tenancy. This subsection, however, shall not prevent the landlord from enforcing any rights he or she might have under a written covenant prohibiting sublease or assignment.
[[For example, "A" rents unit 1 in 1983; "B" moves into unit 1 with A in 1985. The landlord acquires knowledge of B living in unit 1 with A shortly after B moved in because B called the landlord to make repairs in the unit. When A moves out in 1988, the landlord may not change the terms and conditions of tenancy or treat unit 1 as a new tenancy because A and B meet the definition of a tenant as described in subsection (A) above.]]
(c) A landlord may reach a written agreement or serve written notice upon all of the tenant(s) as defined in subsection (a) above that when the last of the tenant(s) who meet the latter definition vacates the premises, a new tenancies created for purposes of determining the rent under the Rent Ordinance. A complete copy or reasonable restatement of the Section 6.14 shall be attached to or incorporated into any written agreement or notice. Both the landlord and tenant(s) have a separate and distinct duty to provide a copy of any such written agreement to any new co-tenant(s). Failure of the landlord to provide a copy of such written agreement or written notice to any new co-tenants of which the landlord has actual knowledge within 60 days of the date the landlord becomes aware shall be considered evidence of the landlord"s knowledge and consent to such co-tenant or waiver of any covenant against sublease or assignment.
[[(d) In any event, a new co-tenant shall be considered a tenant as defined in subsection (a) above unless the landlord gives the new co-tenant written notice that she/he is not considered a tenant under subsection (a) above, within 60 days of the date that the landlord learns of the co-tenant"s presence in the unit. A landlord may comply with subsection (c) and this subsection (d) simultaneously.]]
(d) For Proposition I Affected Units, a new co-tenant shall be considered a tenant as defined in subsection (a) above unless the landlord has not accepted the new co-tenant as a tenant pursuant to applicable law and the landlord gives the new co-tenant written notice on or before August 13, 1995 that she/he is not considered a tenant under subsection (a) above. This subsection (e) applies only to tenancies that commenced prior to February 15, 1995. For tenancies that commenced on or after February 14, 1995, the provisions of subsection (a) shall apply. [[60-day notice requirement contained in subsection (d) above shall apply. A landlord may comply with subsection (c) and this subsection (e) simultaneously.]]