Section 1.17 Rental Units

(Subsection (e) amended February 21, 1989; Subsection (c) amended February 14, 1995; Subsection (e) deleted March 7, 1995; Renumbered effective February 1, 1995; Amended subsection (g) and added (h) March 11, 1997; Subsection (i) added May 18, 1999; prior subsections (e-g) deleted effective June 16, 2020)

            “Rental Unit” means a residential dwelling unit, regardless of zoning or legal status, in the City and County of San Francisco and all housing services, privileges, furnishings (including parking facilities supplied in connection with the use or occupancy of such unit), which is made available by agreement for residential occupancy by a tenant in consideration of the payment of rent.  The term does not include:

(a) Housing accommodations in hotels, motels, inns, tourist homes, rooming and boarding houses, provided that at such time as an accommodation has been occupied by a tenant for thirty-two (32) continuous days or more, such accommodation shall become a rental unit;

(b) dwelling units in a non-profit cooperative owned, occupied, and controlled by a majority of the residents;

(c) housing accommodations in any hospital, convent, monastery, extended care facility, asylum, residential care or adult day health care facility for the elderly which must be operated pursuant to a license issued by the California Department of Social Services, as required by California Health and Safety Chapters 3.2 and 3.3, or in dormitories owned and operated by an institution of higher education, a high school, or an elementary school;

(d) dwelling units whose rents are controlled or regulated by any government unit, agency, or authority excepting those unsubsidized and/or unassisted units which are insured by the United States Department of Housing and Urban Development;

(e) commercial space where there is incidental and infrequent residential use;

(f) a residential unit, wherein at the inception of the tenancy there was residential use, there is no longer residential use and there is a commercial or other non-residential use.  The presumption shall be that the initial use was residential unless proved otherwise by the tenant.