April 25, 2000
THE SAN FRANCISCO RESIDENTIAL RENT
STABILIZATION & ARBITRATION BOARD
NOTICE OF
PUBLIC HEARING
DATE:
April 25, 2000
TIME:
6:00 P.M.
PLACE:
City Hall, Room 408 (NOTE DIFFERENT LOCATION FOR THIS MEETING ONLY)
1 Carlton B. Goodlett Place
SAN FRANCISCO, CALIFORNIA
PROPOSED AMENDMENTS TO
RULES AND REGULATIONS SECTION 6.14.
The Rent Stabilization and
Arbitration Board Commissioners are proposing amendments to Section 6.14
of the Rules and Regulations. This language is intended to conform this
section of the Rules and Regulations with state law provisions.
Written comments may be submitted
prior to the hearing. Persons wishing to respond should do so by noon Wednesday
April 19, 2000, to ensure that the Commissioners have time to consider
submissions. Oral testimony will also be taken on the 25th. Speakers will
be limited to three minutes each.
Please note that the
entire section is new and proposes to replace the current language of 6.14.
The proposed language reads as follows below:
Section 6.14 Establishing
Rental Rates for Subsequent Occupants
(Added March 7, 1989; amended
August 29, 1989; Subsection (e) added February 14, 1995; repealed and adopted
April 25, 1995, effective February 14, 1995; Subsections (a), (b), (c),
(d) and (e) amended and renumbered July 2, 1996)
(a) Definitions.
The following terms have the following meaning for purposes of this Section
6.14:
(1) "Original occupant(s)"
means one or more individuals who took possession of a unit with the express
consent of the landlord at the time that the base rent for the unit was
first established with respect to the vacant unit.
(2) "Subsequent occupant"
means an individual who became an occupant of a rental unit while the rental
unit was occupied by at least one original occupant.
(3) "Co-tenant" for purposes
of this Section 6.14 only, is a subsequent occupant who has a rental agreement
directly with the owner.
(b) Subsequent Occupants
who commenced occupancy before 1/1/96; Co-tenants who commenced occupancy
before, on or after 1/1/96. When all original occupant(s) no longer permanently
reside in the rental unit, the landlord may raise the rent of any subsequent
occupant who resided in the unit prior to January 1, 1996, or of any subsequent
occupant who is a co-tenant and who commenced occupancy before, on or after
January 1, 1996, without regard to the limitations set forth in Section
37.3(a) of the Rent Ordinance if the landlord served on the subsequent
occupant(s), within a reasonable time of actual knowledge of occupancy,
a written notice that when the last of the original occupant(s) vacates
the premises, a new tenancy is created for purposes of determining the
rent under the Rent Ordinance. Failure to give such a notice within 60
days of the landlord's actual knowledge of the occupancy by the subsequent
occupant(s) establishes a rebuttable presumption that notice was not given
within a reasonable period of time. If the landlord has not timely served
such a notice on the subsequent occupant(s), a new tenancy is not created
for purposes of determining the rent under the Rent Ordinance when the
last of the original occupant(s) vacates the premises.
(c) Subsequent Occupants
who are not Co-tenants and who commenced occupancy on or after 1/1/96,
where the last Original Occupant vacated on or after . When
all original occupant(s) no longer permanently reside in a rental unit,
and the last of the original occupants vacated on or after
(effective date), the landlord may establish a new base rent of any subsequent
occupant(s) who is not a co-tenant and who commenced occupancy of the unit
on or after January 1, 1996 without regard to the limitations set forth
in Section 37.3(a) of the Rent Ordinance unless the subsequent occupant
proves that the landlord waived his or her right to increase the rent by:
(1) Affirmatively representing
to the subsequent occupant that he/she may remain in possession of the
unit at the same rental rate charged to the original occupant(s); or
(2) Failing, within 90 days
of receipt of written notice that the last original occupant is going to
vacate the rental unit or actual knowledge that the last original occupant
to longer permanently resides at the unit, whichever is later, to serve
written notice of a rent increase or a reservation of the right to increase
the rent at a later date; or
(3) Receiving written notice
from an original occupant of the subsequent occupant's occupancy and thereafter
accepting rent unless, within 90 days of said acceptance of rent, the landlord
reserved the right to increase the rent at a later date.
Where the landlord has waived
the right to increase the rent under subsection (c)(1) or (c)(3) above,
the subsequent occupant to whom the representation was made or from whom
the landlord accepted rent shall thereafter have the protection of an original
occupant as to any future rent increases under this Section 6.14. Where
the landlord has waived the right to increase the rent under subsection
(c)(2) above, any subsequent occupant who permanently resides in the rental
unit with the actual knowledge and consent of the landlord (if the landlord's
consent is required and not unreasonably withheld) at the time of the waiver
shall thereafter have the protection of an original occupant as to any
future rent increases under this Section 6.14.
(d) Subsequent Occupants
who are not Co-tenants and who commenced occupancy on or after 1/1/96,
where the last Original Occupant vacated prior to . When all
original occupants no longer permanently reside in a rental unit and the
last of the original occupants vacated prior to (effective
date), the landlord may establish a new base rent for any subsequent occupants
who are not co-tenants and who commenced occupancy of the unit on or after
January 1, 1996 without regard to the limitations set forth in Section
37.3(a) of the Rent Ordinance if:
(1) The landlord served on
the subsequent occupant(s), within a reasonable time of actual knowledge
of occupancy, a written notice that when the last of the original occupants
vacates the premises, the new tenancy is created for purposes of determining
the rent under the Rent Ordinance. Failure to give such a notice within
60 days of the landlord's actual knowledge of the occupancy by the subsequent
occupant(s) establishes a rebuttable presumption that notice was not given
within a reasonable period of time; or
(2) The landlord is entitled
to establish a new base rent under the Costa Hawkins Rental Housing Act,
California Civil Code Section 1954.53(d), even if no notice was served
on the subsequent occupant(s) pursuant to subsection (d)(1) above.
(e) Subsequent Occupants
of Proposition I Affected Units. When all original occupant(s) no longer
permanently reside in a Proposition I Affected Unit, the landlord may raise
the rent of any subsequent occupant who resided in the unit prior to February
15, 1995 without regard to the limitations set forth in Section 37.3(a)
of the Rent Ordinance if the landlord served on the subsequent occupant(s),
on or before August 15, 1995, a written notice that when the last of the
original occupant(s) vacates the premises, a new tenancy is created for
purposes of determining the rent under the Rent Ordinance. If the landlord
has not timely served such a notice on the pre-February 15, 1995 subsequent
occupant(s) of the Proposition I Affected Unit, a new tenancy is not created
for purposes of determining the rent under the Rent Ordinance when the
last of the original occupant(s) vacates the premises. For subsequent occupants
who commenced occupancy in a Proposition I Affected Unit on or after February
15, 1995, the provisions of subsections (a) through (d) above apply.
(f) This Section 6.14
is intended to comply with Civil Code Section 1954.50 et seq. and shall
not be construed to enlarge or diminish rights thereunder.