Proposition H Advisory #9 – 4/12/01

Proposition H Advisory #9 – 4/12/01Rules and Regulations to implement Proposition H were passed by the Rent Board Commissioners pursuant to Public Hearing on March 6, 2001. These regulations will NOT go into effect unless and until the Court"s stay of implementation of Proposition H in Quigg vs. City and County of San Francisco, et al., Superior Court Case Number 316928, is no longer in effect. The City Attorney filed a Motion for Summary Judgment and to dissolve the Preliminary Injunction on March 28th. Two Complaints in Intervention have been filed by the landlords in the cases concerning Marina Cove and Lombard Place Apartments. A hearing that had been scheduled for April 25th was taken off the calendar and continued to May 11th in order to give the Intervenors time to respond to the City’s Motion for Summary Judgment and to file Cross-Motions for Summary Judgment.

Additionally, the Board of Supervisors’ temporary moratorium ordinance (Administrative Code Section 37.8C) prohibiting the Rent Board staff from processing or approving landlord capital improvement petitions, unless they seek only certification of seismic retrofit work, went into effect on April 1st. While the Quigg Intervenors’ Complaints challenge the legality of the Moratorium, as well as the merits of Prop. H, no TRO or Motion for Preliminary Injunction against the Moratorium has been filed. Therefore, landlords may file petitions for certification of non-seismic capital improvement costs, but no action will be taken by the Rent Board on the petitions.

Up-to-Date Information on Implementation of Proposition H

Information concerning the Rent Board"s development of forms, regulations and procedures, as well as the status of legal actions to challenge Proposition H, may be obtained from the Rent Board in the following ways:

Web site under "What"s New"

24-Hour Recorded Information Line: 415.252.4600, Menu No. 46, "Proposition H—Current Status"

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

We will keep the information available from these resources current. 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.