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November 12, 1997

November 12, 1997

October 31, 1997

NOTICE OF PUBLIC HEARING

DATE:


November 12, 1997
TIME:


6:00 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 CHANGES 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 AMENDS SECTION 12.00 OF THE RULES AND REGULATIONS BY ADDING SECTIONS 12.20 AND 12.21. THESE PROPOSALS PERTAIN TO UNILATERAL CHANGES TO THE TERMS OF RENTAL AGREEMENTS AND EVICTIONS BASED ON BREACH OF SUCH MATERIALLY CHANGED TERMS. PLEASE NOTE THAT BOTH SECTIONS 12.20 AND 12.21 ARE ENTIRELY NEW.

Comments may be made in person at the hearing or submitted in writing prior to the hearing. Parties commenting at the public hearing may be limited to a maximum of three minutes per person at the Commission’s discretion. So that Commissioners may have sufficient time to review written submissions, it is requested that those submissions be received at the Rent Board by Noon, November 7, 1997. Comments may be faxed to 252.4699 as well. Submissions after this date will not be reviewed by the Commissioners until the hearing date.

Section 12.00 Amendments

PROPOSED AMENDMENTS TO SECTION 12.00
OF THE RULES AND REGULATIONS

Section 12.20 Evictions under Section 37.9(a)(2)

  1. 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 tenant’s alleged violation of a material obligation or covenant of tenancy, if such obligation or covenant was unilaterally imposed by the landlord and either was not included, or is not materially the same as the obligation or covenant, in the rental agreement mutually agreed to by the parties. The foregoing shall not apply to changes to material obligations or covenants required by law or to protect the health and safety of the occupants of the building.

  2. Landlord’s Unreasonable Failure To Grant Consent

    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 tenant’s alleged violation of a material obligation or covenant of tenancy requiring the consent of the landlord, if such consent was unreasonably withheld.

Section 12.21 Evictions under Section 37.9(a)(5)

For purposes of an eviction under Section 37.9(a)(5) of the Ordinance a landlord shall not endeavor to recover possession of a rental unit because the tenant has refused, after written request or demand by the landlord, to agree to a material modification, amendment, extension or renewal of the existing rental agreement which contains a materially different term than is contained in the rental agreement mutually agreed to by the parties.

Last updated: 12/24/2013 1:27:36 PM