Section 6.15 Subletting and Assignment

Section 6.15   Subletting and Assignment

(Effective March 24, 1998, except paragraphs (a) and (f) which are effective May 25, 1998; amended and renumbered December 21, 1999)

 

Section 6.15A Subletting and Assignment—Where Rental Agreement Includes an Absolute Prohibition Against Subletting and Assignment

(Amended March 29, 2005; amended December 4, 2015)

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, Ordinance Section 37.9(a)(2)(A) 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 Sections 37.9(a)(2)(B) or 37.9(a)(2)(C)), 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.

(c) If the tenant makes a written request to the landlord for permission to sublease in accordance with Section 37.9(a)(2)(A), and the landlord fails to deny the request in writing with a description of the reasons for the denial of the request, including specific facts supporting the reasons for the denial, within fourteen (14) days of receipt of the tenant’s written request, the subtenancy is deemed approved pursuant to Ordinance Section 37.9(a)(2)(A). If the tenant’s request is sent to the landlord by mail, the request shall be deemed received on the fifth calendar day after the postmark date. If the tenant’s request is sent to the landlord by email, the request shall be deemed received on the second calendar day after the date the email is sent. If the tenant’s request is personally delivered to the landlord, the request is considered received on the date of delivery. For purposes of this subsection 6.15A(c), the 14-day period begins to run on the day after the tenant’s written request is received by the landlord.

(d)(1) The tenant’s inability to obtain the landlord's consent to subletting or assignment to a person specified in subsection 6.15A(b) above shall not constitute a breach of the lease or rental agreement for purposes of eviction under Ordinance Section 37.9(a)(2), where the subletting or assignment is deemed approved pursuant to subsection (c) above or where the landlord has unreasonably denied, pursuant to subsection (e) below, the tenant’s request to replace a departing tenant and the following requirements have been met:

(i) The tenant has requested in writing the permission of the landlord to the sublease or assignment prior to the commencement of the proposed new tenant's or new subtenant's occupancy of the unit.

(ii) The landlord has five calendar days after receipt of the tenant’s written request to request the tenant to submit a completed standard form application for the proposed new tenant or subtenant or provide sufficient information to allow the landlord to conduct a typical background check, including full name, date of birth and references if requested. The 5-day period begins to run on the day after receipt of the tenant’s written request for permission to replace a departing tenant or subtenant. The landlord may request credit or income information only if the new tenant or new subtenant will be legally obligated to pay some or all of the rent to the landlord. Nothing in Section 6.15A shall be construed as allowing a landlord to require a replacement roommate to pay some or all of the rent to the landlord.

(iii) The tenant has five calendar days after receipt of the landlord’s timely request pursuant to subsection 6.15A(d)(1)(ii) to provide the landlord with the proposed new tenant's or new subtenant's application or typical background check information. The 5-day period begins to run on the day after actual receipt of the landlord’s request.

(iv) The proposed new tenant or new subtenant meets the regular reasonable application standards of the landlord, except that creditworthiness may not be the basis for denial of the tenant’s request to replace a departing tenant if the new tenant or new subtenant will not be legally obligated to pay some or all of the rent to the landlord;

(v) The proposed new tenant or new subtenant, if requested by the landlord, has agreed in writing to be bound by the current rental agreement between the landlord and the tenant;

(vi) The tenant has not, without good cause, requested landlord consent to replacement of a departing tenant pursuant to this section 6.15A more than one time per existing tenant residing in the unit during the previous 12 months;

(vii) The tenant is requesting replacement of a departing tenant or tenants with an equal number of new tenants.

(2) This subsection (d) shall not apply to assignment of the entire tenancy or subletting of the entire unit.

(e) Denial by the landlord of the tenant’s written request to replace a departing tenant shall not be considered unreasonable in some circumstances, including but not limited to the following:

(1) where the proposed new tenant or subtenant will be legally obligated to pay some or all of the rent to the landlord and the landlord can establish the proposed new tenant’s or new subtenant’s lack of creditworthiness;

(2) where the landlord has made a timely request for the proposed new tenant or subtenant to complete the landlord’s standard form application or provide sufficient information to allow the landlord to conduct a typical background check and the proposed new tenant or subtenant does not comply within five calendar days of actual receipt by the tenant of the landlord’s request;

(3) where the landlord can establish that the proposed new tenant or subtenant has intentionally misrepresented significant facts on the landlord’s standard form application or provided significant misinformation to the landlord that interferes with the landlord’s ability to conduct a typical background check;

(4) where the landlord can establish that the proposed new tenant or subtenant presents a direct threat to the health, safety or security of other residents of the property; and,

(5) where the landlord can establish that the proposed new tenant or subtenant presents a direct threat to the safety, security or physical structure of the property.

(f) Nothing in this Section shall prevent the landlord from providing a replacement new tenant or new subtenant with written notice as provided under Section 6.14 that the tenant is not an original occupant as defined in Section 6.14(a)(1) and that when the last original occupant vacates the premises, a new tenancy is created for purposes of determining the rent under the Rent Ordinance. Furthermore, nothing in this Section 6.15A shall serve to waive, alter or modify the landlord’s rights under the Costa-Hawkins Rental Housing Act (California Civil Code §§1954.50 et seq.) to impose an unlimited rent increase once the last original occupant(s) no longer permanently resides in the unit.

(g) Where a lease or rental agreement specifies the 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, a landlord’s unreasonable denial of a tenant’s written request to replace one or more of the tenants by an equal number of tenants, subject to subsections 6.15A(d)(1)(i)-(vii) above, may constitute a decrease in housing services pursuant to Section 10.10 of these Regulations. For purposes of subsection 6.15A(g), a landlord’s non-response to a tenant’s written request within 14 calendar days shall be deemed an approval pursuant to subsection 6.15A(c) and shall not be deemed an unreasonable denial of a tenant’s request to replace a departing tenant.

(h)In the event the landlord denies a tenant’s request to replace a departing tenant under Section 6.15A, either the landlord or the tenant may file a petition with the Board to determine if the landlord’s denial of the request was reasonable.

(i) Any petition filed under subsection 6.15A(g) or (h) shall be expedited.

 

Section 6.15B  Subletting and Assignment—Where Rental Agreement Contains a Clause Requiring Landlord Consent to Subletting and Assignment

(Amended March 29, 2005; amended December 4, 2015)

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 Sections 37.9(a)(2)(B) or 37.9(a)(2)(C)), then the replacement of one or more of the tenants by an equal number of tenants, subject to subsections (b) and (c) 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.

(b) If the tenant makes a written request to the landlord for permission to sublease in accordance with Section 37.9(a)(2)(A), and the landlord fails to deny the request in writing with a description of the reasons for the denial, including specific facts supporting the reasons for the denial, of the request within fourteen (14) days of receipt of the tenant’s written request, the subtenancy is deemed approved pursuant to Ordinance Section 37.9(a)(2)(A). If the tenant’s request is sent to the landlord by mail, the request shall be deemed received on the fifth calendar day after the postmark date. If the tenant’s request is sent to the landlord by email, the request shall be deemed received on the second calendar day after the date the email is sent. If the tenant’s request is personally delivered to the landlord, the request is considered received on the date of delivery. For purposes of this subsection 6.15B(b), the 14-day period begins to run on the day after the tenant’s written request is received by the landlord.

(c)(1) The tenant’s inability to obtain the landlord's consent to subletting or assignment to a person specified in subsection 6.15B(a) above shall not constitute a breach of the lease or rental agreement for purposes of eviction under Ordinance Section 37.9(a)(2), where the subletting or assignment is deemed approved pursuant to subsection (b) above or where the landlord has unreasonably denied, pursuant to subsection (d) below, the tenant’s request to replace a departing tenant and the following requirements have been met:

(i)The tenant has requested in writing the permission of the landlord to the sublease or assignment prior to the commencement of the proposed new tenant's or new subtenant's occupancy of the unit;

(ii) The landlord has five calendar days after receipt of the tenant’s written request to request the tenant to submit a completed standard form application for the proposed new tenant or subtenant or provide sufficient information to allow the landlord to conduct a typical background check, including full name, date of birth and references if requested. The 5-day period begins to run on the day after receipt of the tenant’s written request for permission to replace a departing tenant or subtenant. The landlord may request credit or income information only if the new tenant or new subtenant will be legally obligated to pay some or all of the rent to the landlord. Nothing in Section 6.15B shall be construed as allowing a landlord to require a replacement roommate to pay some or all of the rent to the landlord.

(iii) The tenant has five calendar days after receipt of the landlord’s timely request pursuant to subsection 6.15B(c)(1)(ii) to provide the landlord with the proposed new tenant's or new subtenant's application or typical background check information. The 5-day period begins to run on the day after actual receipt of the landlord’s request.

(iv) The proposed new tenant or new subtenant meets the regular reasonable application standards of the landlord, except that creditworthiness may not be the basis for denial of the tenant’s request to replace a departing tenant if the new tenant or new subtenant will not be legally obligated to pay some or all of the rent to the landlord;

(v) The proposed new tenant or new subtenant, if requested by the landlord, has agreed in writing to be bound by the current rental agreement between the landlord and the tenant;

(vi) The tenant has not, without good cause, requested landlord consent to replacement of a departing tenant pursuant to this section 6.15B more than one time per existing tenant residing in the unit during the previous 12 months;

(vii) The tenant is requesting replacement of a departing tenant or tenants with an equal number of new tenants.

(2) This subsection (c) shall not apply to assignment of the entire tenancy or subletting of the entire unit.

(d) Denial by the landlord of the tenant’s written request to replace a departing tenant shall not be considered unreasonable in some circumstances, including but not limited to the following:

(1) where the proposed new tenant or subtenant will be legally obligated to pay some or all of the rent to the landlord and the landlord can establish the proposed new tenant’s or new subtenant’s lack of creditworthiness;

(2) where the landlord has made a timely request for the proposed new tenant or subtenant to complete the landlord’s standard form application or provide sufficient information to allow the landlord to conduct a typical background check and the proposed new tenant or subtenant does not comply within five calendar days of actual receipt by the tenant of the landlord’s request;

(3) where the landlord can establish that the proposed new tenant or subtenant has intentionally misrepresented significant facts on the landlord’s standard form application or provided significant misinformation to the landlord that interferes with the landlord’s ability to conduct a typical background check;

(4) where the landlord can establish that the proposed new tenant or subtenant presents a direct threat to the health, safety or security of other residents of the property; and,

(5) where the landlord can establish that the proposed new tenant or subtenant presents a direct threat to the safety, security or physical structure of the property.

(e) Nothing in this Section shall prevent the landlord from providing a replacement new tenant or new subtenant with written notice as provided under Section 6.14 that the tenant is not an original occupant as defined in Section 6.14(a)(1) and that when the last original occupant vacates the premises, a new tenancy is created for purposes of determining the rent under the Rent Ordinance. Furthermore, nothing in this Section 6.15B shall serve to waive, alter or modify the landlord’s rights under the Costa-Hawkins Rental Housing Act (California Civil Code §§1954.50 et seq.) to impose an unlimited rent increase once the last original occupant(s) no longer permanently resides in the unit.

(f) Where a lease or rental agreement specifies the 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, a landlord’s unreasonable denial of a tenant’s written request to replace one or more of the tenants by an equal number of tenants, subject to subsections 6.15B(c)(1)(i)-(vii) above, may constitute a decrease in housing services pursuant to Section 10.10 of these Regulations. For purposes of subsection 6.15B(f), a landlord’s non-response to a tenant’s written request within 14 calendar days shall be deemed an approval pursuant to subsection 6.15B(b) and shall not be deemed an unreasonable denial of a tenant’s request to replace a departing tenant.

(g) In the event the landlord denies a tenant’s request to replace a departing tenant under Section 6.15B, either the landlord or the tenant may file a petition with the Board to determine if the landlord’s denial of the request was reasonable.

(h) Any petition filed under subsection 6.15B(f) or (g) shall be expedited.

 

Section 6.15C  Master Tenants

(Subsections (3)(a) through (f) added August 21, 2001; Subsection (3) amended April 16, 2002)

(1)  For any tenancy commencing on or after May 25, 1998, a landlord who is not an owner of record of the property and who resides in the same rental unit with his or her tenant (a "Master Tenant") may evict said tenant without just cause as required under Section 37.9(a) only if, prior to commencement of the tenancy, the Master Tenant informs the tenant in writing that the tenancy is not subject to the just cause provisions of Section 37.9.  A landlord who is an owner of record of the property and who resides in the same rental unit with his or her tenant is not subject to this additional disclosure requirement.

(2)  In addition, for any tenancy commencing on or after May 25, 1998, a Master Tenant shall disclose in writing to a tenant prior to commencement of the tenancy the amount of rent the Master Tenant is obligated to pay to the owner of the property.

(3)  Partial Sublets.  In the event a Master Tenant does not sublease the entire rental unit, as anticipated in Section 37.3 (c), then the Master Tenant may charge the subtenant(s) no more than the subtenant(s) proportional share of the total current rent paid to the landlord by the Master Tenant for the housing and housing services to which the subtenant is entitled under the sub-lease.  A master tenant’s violation of this section shall not constitute a basis for eviction under Section 37.9.

(a) The allowable proportional share of total rent may be calculated based upon the square footage shared with and/or occupied exclusively by the subtenant; or an amount substantially proportional to the space occupied by and/or shared with the subtenant (e.g. three persons splitting the entire rent in thirds) or any other method that allocates the rent such that the subtenant pays no more to the Master Tenant than the Master Tenant pays to the landlord for the housing and housing services to which the subtenant is entitled under the sublease. In establishing the proper initial base rent, additional housing services (such as utilities) provided by, or any special obligations of, the Master Tenant, or evidence of the relative amenities or value of rooms, may be considered by the parties or the Rent Board when deemed appropriate.  Any methodology that shifts the rental burden such that the subtenant(s) pays substantially more than their square footage portion, or substantially more than the proportional share of the total rent paid to the landlord, shall be rebuttably presumed to be in excess of the lawful limitation.

(b) The Master Tenant or subtenant(s) may petition the Board for an adjustment of the initial rent of the subtenant.

(c) If a portion of a capital improvement passthrough or a utility increase is allocated to a subtenant, it must be separately identified and not included in the subtenant’s base rent.  Such amounts are subject to the rules herein and must be discontinued or recalculated pursuant to the applicable rules.  Any amount that is improperly calculated or not properly discontinued shall be disallowed.

(d) In the event of any dispute regarding any allowable increase, or allocation, or any rental amount paid that is not rent, the subtenant may file a claim of unlawful rent increase to have the matter resolved between the subtenant and Master Tenant, as if the Master Tenant were the owner of the building.  Disallowed or improper increases shall be null and void.  

(e) For any sublease entered into on or before August 22, 2001, where the sublease rent was not calculated as provided for herein, the Master Tenant shall have six months from the effective date of this regulation to notice an adjusted proper rent and refund any overpayments paid after the effective date of this section.  No petitions alleging overpayments may be filed during this time.

(f) For any sublease entered into after August 22, 2001, where the sublease rent was not calculated as provided for herein, the portion of the subtenant’s rent that is in excess of the amount allowed pursuant to this Section 6.15C(3) shall be null and void.

 

Section 6.15D  Additional Family Members—Where Rental Agreement Limits the Number of Occupants or Limits or Prohibits Subletting

(Added March 29, 2005; amended December 4, 2015)

(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. This Section 6.15D does not apply when a lease or rental agreement includes neither a limit on the number of occupants nor any restriction on subletting or assignment.

(b) If the tenant makes a written request to the landlord for permission to add a person specified in subsection 6.15D(a) above, and the landlord fails to deny the request in writing with a description of the reasons for the denial of the request, including specific facts supporting the reasons for the denial, within fourteen (14) days of receipt of the tenant’s written request, the tenant’s request for the additional person is deemed approved pursuant to Ordinance Section 37.9(a)(2)(B). If the tenant’s request is sent to the landlord by mail, the request shall be deemed received on the fifth calendar day after the postmark date. If the tenant’s request is sent to the landlord by email, the request shall be deemed received on the second calendar day after the date the email is sent. If the tenant’s request is personally delivered to the landlord, the request is considered received on the date of delivery. For purposes of this subsection 6.15D(b), the 14-day period begins to run on the day after the tenant’s written request is received by the landlord.

(c) The tenant’s inability to obtain the landlord's consent to the addition of a family member specified in subsection 6.15D(a) above shall not constitute a breach of the lease or rental agreement for purposes of eviction under Ordinance Section 37.9(a)(2), where the additional family member is deemed approved pursuant to subsection (b) above, or where the additional family member is a minor child allowed under subsection 6.15D(a) above, or where the landlord has unreasonably denied, pursuant to subsection (d) below, the tenant’s request to add an additional family member allowed under subsection 6.15D(a) above who is not a minor child and the following requirements have been met:

(1) The tenant has requested in writing the permission of the landlord to add an additional family member to the unit, and stated the relationship of the person to the tenant.

(2) The landlord has five calendar days after receipt of the tenant’s written request to request the tenant to submit a completed standard form application for the proposed additional family member or provide sufficient information to allow the landlord to confirm the relationship of the person to the tenant and to conduct a typical background check, including full name, date of birth and references if requested. The 5-day period begins to run on the day after receipt of the tenant’s written request for permission to add an additional family member to the unit. The landlord may request credit or income information only if the additional family member will be legally obligated to pay some or all of the rent to the landlord. Nothing in Section 6.15D shall be construed as allowing a landlord to require an additional family member to pay some or all of the rent to the landlord.

(3) The tenant has five calendar days after receipt of the landlord’s timely request pursuant to subsection 6.15D(c)(2) to provided the landlord with the additional family member’s application or typical background check information. The 5-day period begins to run on the day after actual receipt of the landlord’s request.

(4) The additional family member meets the regular reasonable application standards of the landlord, except that creditworthiness may not be the basis for denial of the tenant’s request for an additional family member if the additional family member will not be legally obligated to pay some or all of the rent to the landlord;

(5) The additional family member, if requested by the landlord, has agreed in writing to be bound by the current rental agreement between the landlord and the tenant.

(6) With the additional family member, the total number of occupants does not exceed the lesser of (a) two persons in a studio rental unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit or eight persons in a four-bedroom unit, or (b) the number of occupants permitted under state law and/or other local codes (e.g., Planning, Housing, Fire and Building Codes).

(d) Denial by the landlord of the tenant’s written request to add an additional family member allowed under subsection 6.15D(a) above shall not be considered unreasonable in some circumstances, including but not limited to the following:

(1) where the total number of occupants in the unit exceeds (or with the proposed additional occupant(s) would exceed) the lesser of:

(i) two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit; or

(ii) the maximum number permitted in the unit under San Francisco Housing Code Section 503;

(2) where the proposed additional family member will be legally obligated to pay some or all of the rent to the landlord and the landlord can establish the proposed additional family member’s lack of creditworthiness;

(3) where the landlord has made a timely request for the proposed additional family member to complete the landlord’s standard form application or provide sufficient information to allow the landlord to conduct a typical background check and the proposed additional family member does not comply within five calendar days of actual receipt by the tenant of the landlord’s request;

(4) where the landlord can establish that the proposed additional family member has intentionally misrepresented significant facts on the landlord’s standard form application or provided significant misinformation to the landlord that interferes with the landlord’s ability to conduct a typical background check;

(5) where the landlord can establish that the proposed additional family member presents a direct threat to the health, safety or security of other residents of the property; and,

(6) where the landlord can establish that the proposed additional family member presents a direct threat to the safety, security or physical structure of the property.

(e) Nothing in this Section shall prevent the landlord from providing an additional family member occupant with written notice as provided under Section 6.14 that the occupant is not an original occupant as defined in Section 6.14(a)(1) and that when the last original occupant vacates the premises, a new tenancy is created for purposes of determining the rent under the Rent Ordinance. Furthermore, nothing in this Section 6.15D shall serve to waive, alter or modify the landlord’s rights under the Costa-Hawkins Rental Housing Act (California Civil Code §§1954.50 et seq.) to impose an unlimited rent increase once the last original occupant(s) no longer permanently resides in the unit.

(f) A landlord’s unreasonable denial of 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 the spouse or domestic partner of a tenant, subject to subsections 6.15D(c)(1)-(6) above, may constitute a decrease in housing services pursuant to Section 10.10 of these Regulations. For purposes of subsection 6.15D(f), a landlord’s non-response to a tenant’s written request within 14 calendar days shall be deemed an approval pursuant to subsection 6.15D(b) and shall not be deemed an unreasonable denial of a tenant’s request for the addition to the unit of a family member specified in subsection 6.15D(a) above.

(g) In the event the landlord denies a tenant’s request for an additional family member under Section 6.15D, either the landlord or the tenant may file a petition with the Board to determine if the landlord’s denial of the request was reasonable.

(h) Any petition filed under subsection 6.15D or (g) shall be expedited.

 

Section 6.15E  Additional Occupants Who Are Not Family Members—Where Rental Agreement Limits the Number of Occupants or Limits or Prohibits Subletting

(Added December 4, 2015)

(a) This Section 6.15E 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 landlord’s permission to add an additional occupant to the rental unit that will exceed the number of people allowed by the lease or rental agreement or by the open and established behavior of the parties. This Section 6.15E does not apply when a lease or rental agreement includes neither a limit on the number of occupants nor any restriction on subletting or assignment. For purposes of this Section 6.15E, the term “additional occupant” shall not include persons who occupy the unit as a Tourist or Transient Use, as defined in Administrative Code Section 41A.5 or persons who are considered family members under Section 6.15D(a).

(b) If the tenant makes a written request to the landlord for permission to add an additional occupant to the rental unit, and the landlord fails to deny the request in writing with a description of the reasons for the denial of the request, including specific facts supporting the reasons for the denial, within fourteen (14) days of receipt of the tenant’s written request, the tenant’s request for the additional occupant is deemed approved pursuant to Ordinance Section 37.9(a)(2)(C). If the tenant’s request is sent to the landlord by mail, the request shall be deemed received on the fifth calendar day after the postmark date. If the tenant’s request is sent to the landlord by email, the request shall be deemed received on the second calendar day after the date the email is sent. If the tenant’s request is personally delivered to the landlord, the request is considered received on the date of delivery. For purposes of this subsection 6.15E(b), the 14-day period begins to run on the day after the tenant’s written request is received by the landlord.

(c) The tenant’s inability to obtain the landlord's consent to the addition of a person specified in subsection 6.15E(a) above shall not constitute a breach of the lease or rental agreement for purposes of eviction under Ordinance Section 37.9(a)(2), where the additional person is deemed approved pursuant to subsection (b) above or where the landlord has unreasonably denied, pursuant to subsection (d) below, the tenant’s request to add an additional person allowed under subsection 6.15E(a) above and the following requirements have been met:

(1) The tenant has requested in writing the permission of the landlord to add an additional occupant to the unit.

(2) The landlord has five calendar days after receipt of the tenant’s written request to request the tenant to submit a completed standard form application for the proposed additional occupant or provide sufficient information to allow the landlord to conduct a typical background check, including full name, date of birth and references if requested. The 5-day period begins to run on the day after receipt of the tenant’s written request for permission to add an additional occupant to the unit. The landlord may request credit or income information only if the additional occupant will be legally obligated to pay some or all of the rent to the landlord. Nothing in Section 6.15E shall be construed as allowing a landlord to require an additional occupant to pay some or all of the rent to the landlord.

(3) The tenant has five calendar days after receipt of the landlord’s timely request pursuant to subsection 6.15E(c)(2) to provide the landlord with the additional occupant’s application or typical background check information. The 5-day period begins to run on the day after actual receipt of the landlord’s request.

(4) The additional occupant meets the regular reasonable application standards of the landlord, except that creditworthiness may not be the basis for denial of the tenant’s request for an additional occupant if the additional occupant will not be legally obligated to pay some or all of the rent to the landlord.

(5) 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.

(6) With the additional occupant, the total number of occupants does not exceed the lesser of (a) two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit, or (b) the number of occupants permitted under state law and/or other local codes.

(d) Denial by the landlord of the tenant’s written request to add an additional person allowed under subsection 6.15E(a) above shall not be considered unreasonable in some circumstances, including but not limited to the following:

(1) where the landlord resides in the same rental unit as the tenant;

(2) where the total number of occupants in the unit exceeds (or with the proposed additional occupant(s) would exceed) the lesser of:

(i) two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit; or

(ii) the maximum number permitted in the unit under San Francisco Housing Code Section 503;

(3) where the proposed additional occupant will be legally obligated to pay some or all of the rent to the landlord and the landlord can establish the proposed additional occupant’s lack of creditworthiness;

(4) where the landlord has made a timely request for the proposed additional occupant to complete the landlord’s standard form application or provide sufficient information to allow the landlord to conduct a typical background check and the proposed additional occupant does not comply within five calendar days of actual receipt by the tenant of the landlord’s request;

(5) where the landlord can establish that the proposed additional occupant has intentionally misrepresented significant facts on the landlord’s standard form application or provided significant misinformation to the landlord that interferes with the landlord’s ability to conduct a typical background check;

(6) where the landlord can establish that the proposed additional occupant presents a direct threat to the health, safety or security of other residents of the property;

(7) where the landlord can establish that the proposed additional occupant presents a direct threat to the safety, security or physical structure of the property; and,

(8) where an additional occupant would require the landlord to increase the electrical or hot water capacity in the building, or adapt other building systems or existing amenities, and payment for such enhancements presents a financial hardship to the landlord, as determined by a Rent Board Administrative Law Judge.

(e) 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 occupant as defined in Section 6.14(a)(1) and that when the last original occupant vacates the premises, a new tenancy is created for purposes of determining the rent under the Rent Ordinance. Furthermore, nothing in this Section 6.15E shall serve to waive, alter or modify the landlord’s rights under the Costa-Hawkins Rental Housing Act (California Civil Code §§1954.50 et seq.) to impose an unlimited rent increase once the last original occupant(s) no longer permanently resides in the unit.

(f) A landlord’s unreasonable denial of a tenant’s written request for the addition to the unit of a person specified in subsection 6.15E(a) above, subject to subsections 6.15E(c)(1)-(6) above, may constitute a decrease in housing services pursuant to Section 10.10 of these Regulations. For purposes of subsection 6.15E(f), a landlord’s non-response to a tenant’s written request within 14 calendar days shall be deemed an approval pursuant to subsection 6.15E(b) and shall not be deemed an unreasonable denial of a tenant’s request for the addition to the unit of a person specified in subsection 6.15E(a) above.

(g) In the event the landlord denies a tenant’s request for an additional person under Sections 6.15E, either the landlord or the tenant may file a petition with the Board to determine if the landlord’s denial of the request was reasonable.

(h) Any petition filed under subsection 6.15E(f) or (g) shall be expedited.