Proposition H Advisory #20 - 12/24/02

Proposition H Advisory #20 - 12/24/02

Proposition H Advisory #20 - 12/24/02

 

The parties have reached a settlement agreement in Quigg vs. City and County of San Francisco, et al., Superior Court Case Number 316928. The Superior Court previously found that Proposition H's restrictions on capital improvement passthroughs were unconstitutional and prohibited the City from enforcing Proposition H, with the exception of the bond passthrough amendment in Section 37.3(a)(6) and the 7% cap on operating and maintenance expense increases in Section 37.3(b)(2). Under the terms of the settlement agreement, the City will dismiss its appeal of the court's ruling and enact compromise capital improvement legislation sponsored by Supervisor Ammiano.

Once the settlement is final, Proposition H will be permanently enjoined and the new legislation will govern the passthrough of capital improvement costs. (Information concerning the new legislation is available on the Rent Board's website under News/Archive, What's New. The Board of Supervisors passed the ordinance approving the settlement agreement on first reading on December 16, 2002. Second reading is scheduled for January 13, 2003, and the agreement will be final sometime in mid to late February 2003, depending on when the legislation is signed by the Mayor. Please note, however, that there are retroactive provisions in the law that will make any petition filed with the Rent Board on or after Nov. 14, 2002 subject to this ordinance. Persons having filed petitions on or after this date will be asked to resubmit an amended petition once the law is finalized and we are clear as to the legal requirements. We will provide new procedures and forms as soon as there is finality as to the final content of the ordinance.

 

Information concerning the new legislation concerning capital improvement passthroughs may be obtained from the Rent Board in the following ways:

 

Web site: www.ci.sf.sfgov.org/rentboard under "What's New"

 

Fax Back: 415.252.4660, Document Number 014, "What's New/Amended"

 

Should you have questions that are not answered in these resources, you can also call our counseling staff at 415.252.4602 from 9-12 am and 1-4 pm, Monday through Friday.