March 7, 2005
NOTICE OF PUBLIC HEARING
DATE: March 29, 2005
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 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 PROPOSED NEW RULES AND REGULATIONS SECTION 6.15(D). THE INTENT OF THIS NEW SECTION, AS WELL AS NECESSARY AMENDMENTS TO RULES SECTIONS 6.15A(b) AND 6.15B(a), IS TO CONFORM THE RULES AND REGULATIONS TO NEWLY ENACTED ORDINANCE SECTION 37.9(a)(2)(B) REGARDING ADDITIONAL OCCUPANCY OF FAMILY MEMBERS.
Ordinance Section 37.9(a)(2)(B), sponsored by Supervisor Gonzales, allows for specified family members and/or domestic partners to occupy the rental unit notwithstanding a lease provision limiting the number of occupants if the landlord has unreasonably denied the tenant’s request to add such occupant. Proposed new Rules Section 6.15D outlines consent procedures modeled after the consent procedures for subletting contained in Rules Sections 6.15A and B, modified to accommodate family situations; provides for a decrease in services remedy for tenants who believe the landlord has unreasonably withheld consent; and allows a landlord or a tenant to request a Rent Board determination of whether a landlord’s withholding of consent for an additional occupant was reasonable.
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 noon on Wednesday, March 23rd, 2005, so that the Commissioners can be mailed your comments and review them prior to the hearing. Written comments may also be submitted at the hearing. Please submit 12 copies of your comments in order to facilitate their distribution. You will be able to address the Commissioners during the public comment period at the hearing.
Proposed new section 6.15D, which is entirely new, reads as follows:
Section 6.15D Additional Family Members—Where Rental Agreement Limits the Number of Occupants or Limits or Prohibits Subletting
(a) This Section 6.15D applies when a lease or rental agreement includes a clause limiting the number of occupants or limiting or prohibiting subletting or assignment, and a tenant who resides in the unit requests the addition of the tenant’s child, parent, grandchild, grandparent, brother or sister, or the spouse or the domestic partner (as defined in Administrative Code Sections 62.1 through 62.8) of such relatives, or the spouse or domestic partner of the tenant.
(b) If the tenant makes an initial written request to the landlord for permission to add a person specified in subsection 6.15D(a) above, and the landlord fails to respond in writing within fourteen (14) days of actual receipt of written notice, the tenant’s request for the additional person is deemed approved pursuant to Ordinance Section 37.9(a)(2)(B).
(c) The tenant’s inability to obtain the landlord's consent to the addition of a person specified in subsection 6.15D(a) above shall not constitute a breach of the lease or rental agreement for purposes of eviction under Section 37.9(a)(2), where the additional person is deemed approved pursuant to subsection (b) above or where the landlord has unreasonably withheld consent to such additional person. Withholding of consent by the landlord shall be deemed to be unreasonable if the tenant has notified the landlord of the addition of a minor child, or if the additional person is not a minor child, the tenant has met the following requirements:
(i) The tenant has requested in writing the permission of the landlord to the additional person’s occupancy of the unit, and stated the relationship of the person to the tenant;
(ii) The additional occupant, if requested by the landlord, has completed the landlord's standard form application or provided sufficient information to allow the landlord to confirm the relationship of the person to the tenant and to conduct a typical background check, including references and background information; provided, however, the landlord may request credit or income information only if the additional person will be legally obligated to pay some or all of the rent to the landlord;
(iii) The tenant has provided the landlord five (5) business days to process the additional occupant’s application;
(iv) The additional occupant meets the regular reasonable application standards of the landlord, except that creditworthiness may be the basis for refusal of the tenant’s request for an additional occupant only if and when the additional occupant will be legally obligated to pay some or all of the rent to the landlord;
(v) The additional occupant, if requested by the landlord, has agreed in writing to be bound by the current rental agreement between the landlord and the tenant.
(vi) With the additional occupant, the total number of occupants does not exceed the lesser of (a) two persons per studio rental unit, three per one-bedroom unit, four per two-bedroom unit, six per three-bedroom unit or eight per four-bedroom unit, or the number of occupants permitted under state law and/or other local codes (e.g., Planning, Housing, Fire and Building Codes).
(d) Nothing in this Section shall prevent the landlord from providing an additional occupant with written notice as provided under Section 6.14 that the occupant is not an original tenant as defined in Section 6.14(a) and that when the last original tenant vacates the premises, a new tenancy is created for purposes of determining the rent under the Rent Ordinance.
(e) A landlord’s unreasonable refusal to consent to a tenant’s written request for the addition to the unit of a tenant’s child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.1 through 62.8) of such relatives, or as a result of the addition of the spouse or domestic partner of a tenant, subject to subsections 6.15D(c)(i)-(vi) above, may constitute a decrease in housing services pursuant to Section 10.10 of these Regulations.
(f) In the event the landlord withholds consent to a tenant’s request for an additional person under subsections 6.15D(c)(i)-(vi) above, either the landlord or the tenant may file a petition with the Board to determine if the landlord’s withholding of consent was reasonable.
(g) Any petition filed under subsection 6.15D(e) or (f) shall be expedited.
Proposed additions to Section 6.15A(b) and Section 6.15B(a) are underlined:
Section 6.15A Subletting and Assignment—Where Rental Agreement Includes
an Absolute Prohibition Against Subletting and Assignment
This Section 6.15A applies only when a lease or rental agreement includes
an absolute prohibition against subletting and assignment.
(a) For agreements entered into on or after May 25, 1998, breach of an absolute prohibition against subletting or assignment may constitute a ground for termination of tenancy pursuant to, and subject to the requirements of, Section 37.9(a)(2) and subsection (b) below, only if such prohibition was adequately disclosed to and agreed to by the tenant at the commencement of the tenancy. For purposes of this subsection, adequate disclosure shall include satisfaction of one of the following requirements:
(1) the prohibition against sublet or assignment is set forth in enlarged or boldface type in the lease or rental agreement and is separately initialed by the tenant; or
(2) the landlord has provided the tenant with a written explanation of the meaning of the absolute prohibition, either as part of the written lease or rental agreement, or in a separate writing.
(b) If the lease or rental agreement specifies a number of tenants to reside in a unit, or where the open and established behavior of the landlord and tenants has established that the tenancy includes more than one tenant (exclusive of any additional occupant approved under Ordinance Section 37.9(a)(B)(2)), then the replacement of one or more of the tenants by an equal number of tenants, subject to subsections (c) and (d) below, shall not constitute a breach of the lease or rental agreement for purposes of termination of tenancy under Section 37.9(a)(2) of the Ordinance.
Section 6.15B Subletting and Assignment—Where Rental Agreement Contains a Clause
Requiring Landlord Consent to Subletting and Assignment
This Section 6.15B applies only when a lease or rental agreement includes a clause requiring landlord consent to assignment or subletting.
(a) If the lease or rental agreement specifies a number of tenants to reside in a unit, or where the open and established behavior of the landlord and tenants has established that the tenancy includes more than one tenant (exclusive of any additional occupant approved under Ordinance Section 37.9(a)(B)(2)), then the replacement of one or more of the tenants by an equal number of tenants, subject to subsection (b) below, shall not constitute a breach of the lease or rental agreement for purposes of termination of tenancy under Section 37.9(a)(2) of the Ordinance.
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