Rent Ord. Amendments re Capital Improvement Hardship Applications
Effective 11/2/13, the Rent Ordinance was amended to add Sections 37.7(i) and (j) to provide new standards and procedures for tenants seeking relief from capital improvement passthroughs due to financial hardship. (A copy of the Ordinance Amendments is attached for your reference.)
Under the new capital improvement passthrough (CIP) tenant hardship provisions, there are 3 ways for a tenant to qualify for hardship relief from a capital improvement passthrough:
(1) All adults in the household receive means-tested public assistance, such as SSI, GA, PAES or CalWORKS; OR
(a) The monthly rent for the unit is greater than 33% of the tenant's monthly grosshousehold income; and
(b) The tenant's total household assets, excluding retirement accounts and non-liquid assets such as real property and cars, do not exceed $60,000; and
(c) The tenant's monthly gross household income (before taxes) is less than 80% of the area's Adjusted Median Income. (As of 1/1/13, 80% of the AMI is $4,725 for 1-person household, $5,396 for 2-person household, $6,075 for 3-person household, $6,746 for 4-person household, etc.); OR
(3) The tenant has exceptional circumstances that make payment of the capital improvement passthrough a hardship, such as excessive medical bills.
The new Tenant Capital Improvement Passthrough (“CIP”) Hardship Application may be filed with the Rent Board at any time after the tenant has received a notice of rent increase for a capital improvement passthrough or after a decision is issued. The CIP Hardship Application is available on the Rent Board's website at www.sfrb.org or at our office located at 25 Van Ness Avenue, Room 320, in San Francisco. As a consequence of the new legislation, tenants for whom payment of a capital improvement passthrough is a financial hardship should not file a hardship appeal of a capital improvement decision, but should instead file the new CIP Hardship Application.