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June 18, 1996

June 18, 1996
June 7, 1995


NOTICE OF PUBLIC HEARING

DATE: JUNE 18, 1995

TIME: 6:30 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 CHAÿNGES 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 THE ATTACHED LANGUAGE WHICH AFFECTS THE ABILITY OF LANDLORDS TO CHARGE A NEW RENT WHEN THERE IS A CHANGE OF TENANTS. THE AMENDMENTS TO THIS SECTION ARE INTENDED TO CONFORM THE RULES AND REGULATIONS WITH RECENT CHANGES TO STATE LAW AS THEY PERTAIN TO THIS SECTION. PLEASE NOTE THAT NEW WORDING IS UNDERLINED AND DELETIONS ARE IN DOUBLE BRACKETS (()).

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.]]


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NOTICE OF PUBLIC HEARING, SECTION 6.14

(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) resides at the premises with the landlord’s toleration or passive consent, unless there is a written covenant prohibiting sublease or assignment; or

(4) if there is 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, waiver can be shown through any words or conduct demonstrating 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 tenancy is 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 is aware within 60 days of the date the landlord becomes aware shall be considered evidence of the landlord’s toleration, passive consent, 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
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NOTICE OF PUBLIC HEARING, SECTION 6.14


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.]]

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 Thursday June 13, 1996, so that the Commissioners can be mailed your comments and review them prior to the hearing. Written comments may also be submitted prior to the hearing. Please submit 12 copies of your comments in order facilitate their distribution. You will be able to address the Commissioners during the public comment period at the hearing.



JPG/DOCS/PUBNOT/6.14/696

Last updated: 10/9/2009 11:26:06 AM