Section 37.6 Powers and Duties

Sec. 37.6     Powers and Duties.

[Amended by Ord. No. 20-84, effective February 18, 1984; Ord. No. 7-87, effective February 14, 1987; Ord. No. 347-99, effective January 29, 2000; Ord. No. 62-02, effective June 2, 2002; Ord. No. 107-02, effective August 4, 2002; Ord. No. 251-06, effective November 10, 2006; Ord. 227-12, effective December 7, 2012; Ord. 277-13, effective January 17, 2014; Ord. 204-15, effective January 3, 2016, Ord. 160-17, effective August 27, 2017]

            In addition to other powers and duties set forth in this chapter, and in addition to powers under the Charter and powers and duties under Administrative Code Chapter 49 ("Interest Rates on Security Deposits), the Board shall have the power to:

            (a)  Promulgate policies, rules and regulations  to effectuate the purposes of this chapter; and to effectuate the purposes of Administrative Code Chapter 41D;

            (b)  Hire such staff, including Administrative Law Judges, as may be reasonably necessary to perform its functions, and promulgate standards for all such staff, subject to the Civil Service provisions of the Charter;

            (c)  Conduct rental arbitration hearings and residential hotel visitor policy hearings, and administer oaths and affirmations in connection with such hearings;

            (d)  Publish, on March 1 of each year, the increase in the CPI for the preceding 12 months, as made available by the U.S. Department of Labor.

            (e)  Make studies and surveys and conduct such hearings as necessary to perform its functions;

            (f)  Report bi-annually to the mayor and the board of supervisors on its activities and on progress made towards the achievement of the purposes of the chapter;

            (g)  Make available to the public, on request, policies, rules and regulations, reports and surveys in accordance with applicable state law;

            (h)  Issue rules and regulations for the conduct of its own affairs;

            (i)  Be empowered to request and, if granted, to receive funds appropriated by the Board of Supervisors through the mayor;

            (j)  Maintain on at least a monthly basis, statistics on the number of notices to vacate filed with the Board pursuant to Section 37.9(c) and statistics on the causes given in such notices or in any additional written documents as provided in Section 37.9(c).  Statistics shall include available data on evictions involving school-age (kindergarten through grade twelve) children, including data on whether the evictions occurred during the school term.  Said statistics shall be published in a report on March 1 every year, and copies of the report shall be submitted to the Mayor and Board of Supervisors;

            (k)  On a monthly basis starting January 1, 2018, compile copies at random of 10% of all statements of occupancy filed with the Rent Board pursuant to Section 37.9(a)(8)(vii), and compile a list of all units for which the required statement of occupancy was not filed with the Rent Board. Said copies and said list shall be transmitted to the District Attorney on a monthly basis for investigation. In cases where the District Attorney determines that Section 37.9(a)(8) has been violated, the District Attorney shall take whatever action he or she deems appropriate under this Chapter 37 or State law.

            (l)  Periodically review the Uniform Visitor Policy for Residential Hotels and determine amendments as appropriate; and hear and determine hotel operator petitions for Supplemental Visitor Policies, consistent with Administrative Code Chapter 41D (Residential Hotel Visitor Policies).

            (m)  Hear and decide petitions from residential hotel occupants (whether or not an occupant qualifies as a "tenant" under this Chapter 37) who allege violation of Administrative Code Chapter 41D, including alleged violations of the Uniform Visitor Policy or any approved Supplemental Visitor Policy.  Current or former hotel occupants may file such petitions.  These petitions may require a determination whether, and to what extent, a residential hotel's policies are in compliance with Administrative Code Chapter 41D, including compliance with the Uniform Visitor Policy.

            (n)  As provided by Administrative Code Chapter 39, utilize Administrative Law Judges to review relocation claims from Current Households related to a Public Housing Development Project, and make advisory recommendations thereon to the San Francisco Housing Authority for its final determination.

            (o)  As provided by Administrative Code Chapter 47, utilize Administrative Law Judges to hear and decide petitions from persons who dispute the Mayor’s Office of Housing and Community Development’s determination that such person does not qualify as a “Displaced Tenant” or a “Neighborhood Resident” (each as defined in Administrative Code Chapter 47).