Section 8 Units Subject to the Rent Ordinance as of 8/30/98 - 8/27/98
PLEASE NOTE: BECAUSE OF THE RECENT NUMBER OF CHANGES TO THE ORDINANCE, THE POSTED VERSIONS OF THE ORDINANCE ON OUR SITE INCLUDE THE SECTION 8 AMENDMENTS WHICH CHANGES THE NUMBERING SYSTEM, PARTICULARLY IN 37.9. YOU WILL NOTE THAT SECTION "G", WHICH WAS THE OMI MORATORIUM, IS NOW SECTION "I".
The Board of Supervisors recently enacted legislation that will bring Section 8 units and other types of subsidized housing under the Rent Ordinance in a limited manner. This action was prompted by the large number of contracts not being renewed by the owner. This was leaving many of these tenants suddenly without housing.
For years, Section 8 payments exceeded what an owner could get at a market rate and were attractive for this reason as well as receiving an essentially guaranteed check each month, on time. But with the housing market going through the roof and taking rents with it, owners started bailing out on the program in favor of higher rents. Although H.U.D. attempted to increase their rates, it was still not in keeping with the market.
To stop the avalanche of evictions for what were purely economic reasons, the legislation was passed and provides for the following:
This applies to Section 8 units, certain subsidy programs, including those for persons with AIDS and project-based tenants where the contract terminates or where the mortgage is prepaid or expires in H.U.D. funded programs, the rent in these cases shall, in most cases, be the contract rent in effect at the time of the expiration or termination of the contract. Essentially, this means the rent the tenant was paying plus the subsidized amount. Persons interested in this legislation should look at the Ordinance, Sections 37.2, 37.3 and 37.9 for more information.
Click read below to see the full text of the amendment.
[Units Regulated; Rent Calculations]
amending chapter 37 of the san francisco administrative code, SECTIONs 37.2, 37.3 and 37.9, by defining "tenant-based rental assistance;" defining "base rent" for purpose of certain rental units receiving tenant-based rental assistance or formerly receiving project-based rental assistance or indirect assistance through hud-insured mortgages; including within the definition of "rental units" for certain purposes those units occupied by tenants receiving tenant-based rental assistance; limiting the applicability of rent increase limitations; and requiring certain notices prior to rent increases for or evictions from rental units occupied by tenants receiving tenant-based rental assistance.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Chapter 37 of the San Francisco Administrative Code is hereby amended by amending Sections 37.2, 37.3 and 37.9 to read as follows:
- Base Rent.
- That rent which is charged a tenant upon initial occupancy plus any rent increase allowable and imposed under this Chapter; provided, however, that base rent shall not include increases imposed pursuant to Section 37.7 below or utility pass-throughs pursuant to Section 37.2(o) below. Base rent for tenants of RAP rental units in areas designated on or after July 1, 1977, shall be that rent which was established pursuant to Section 32.73-1 of the San Francisco Administrative Code. Rent increases attributable to the Chief Administrative Officer"s amortization of a RAP loan in an area designated on or after July 1, 1977, shall not be included in the base rent.
- From and after the effective date of this Ordinance, the base rent for tenants occupying rental units which have received certain tenant-based or project-based rental assistance shall be as follows:
- With respect to tenant-based rental assistance:
- For any tenant receiving tenant-based rental assistance as of the effective date of this Ordinance (except where the rent payable by the tenant is a fixed percentage of the tenant"s income, such as in the Section 8 certificate program and the rental subsidy program for the HOPWA program), and continuing to receive tenant-based rental assistance following the effective date of this Ordinance, the base rent for each unit occupied by such a tenant shall be the rent payable for that unit under the Housing Assistance Payments contract, as amended, between the San Francisco Housing Authority and the landlord (the "HAP Contract") with respect to that unit immediately prior to the effective date of this Ordinance (the "HAP Contract Rent").
- For any tenant receiving tenant-based rental assistance (except where the rent payable by the tenant is a fixed percentage of the tenant"s income, such as in the Section 8 certificate program and the rental subsidy program for the HOPWA program), and commencing occupancy of a rental unit following the effective date of this Ordinance, the base rent for each unit occupied by such a tenant shall be the HAP Contract Rent in effect as of the date the tenant commences occupancy of such unit.
- For any tenant whose tenant-based rental assistance terminates or expires, for whatever reason, following the effective date of this Ordinance, the base rent for each such unit following expiration or termination shall be the HAP Contract Rent in effect for that unit immediately prior to the expiration or termination of the tenant-based rental assistance.
- For any tenant occupying a unit upon the expiration or termination, for whatever reason, of a project-based HAP Contract under Section 8 of the United States Housing Act of 1937 (42 USC §1437f, as amended), the base rent for each such unit following expiration or termination shall be the "contract rent" in effect for that unit immediately prior to the expiration or termination of the project-based HAP Contract.
- For any tenant occupying a unit upon the prepayment or expiration of any mortgage insured by the United States Department of Housing and Urban Development ("HUD"), including but not limited to mortgages provided under Sections 221(d)(3), 221(d)(4) and 236 of the National Housing Act (12 USC §1715z-1), the base rent for each such unit shall be the "basic rental charge" (described in 12 USC 1715z-1(f), or successor legislation) in effect for that unit immediately prior to the prepayment of the mortgage, which charge excludes the "interest reduction payment" attributable to that unit prior to the mortgage prepayment or expiration.
- With respect to tenant-based rental assistance:
- Board. The Residential Rent Stabilization and Arbitration Board.
- Capital Improvements. Those improvements which materially add to the value of the property, appreciably prolong its useful life, or adapt it to new uses, and which may be amortized over the useful life of the improvement of the building.
- CPI. Consumer Price Index for all Urban Consumers for the San Francisco-Oakland Metropolitan Area, U.S. Department of Labor.
- Energy Conservation Measures. Work performed pursuant to the requirements of Article 12 of the San Francisco Housing Code.
- Hearing Officer. A person, designated by the Board, who arbitrates rental increase disputes.
- Housing Services. Services provided by the landlord connected with the use or occupancy of a rental unit including, but not limited to, repairs, replacement, maintenance, painting, light, heat, water, elevator service, laundry facilities and privileges, janitor service, refuse removal, furnishings, telephone, parking and any other benefits, privileges or facilities.
- Landlord. An owner, lessor, sublessor, who receives or is entitled to receive rent for the use and occupancy of any residential rental unit or portion thereof in the City and County of San Francisco, and the agent, representative or successor of any of the foregoing.
- Member. A member of the Residential Rent Stabilization and Arbitration Board.
- Over FMR Tenancy Program. A regular certificate tenancy program whereby the base rent, together with a utility allowance in an amount determined by HUD, exceeds the fair market rent limitation for a particular unit size as determined by HUD.
- Payment Standard. An amount determined by the San Francisco Housing Authority that is used to determine the amount of assistance paid by the San Francisco Housing Authority on behalf of a tenant under the Section 8 Voucher Program (24 CFR Part 887).
- (((j))) RAP. Residential Rehabilitation Loan Program (Chapter 32, San Francisco Administrative Code).
- (((k))) RAP Rental Units. Residential dwelling units subject to RAP loans pursuant to Chapter 32, San Francisco Administrative Code.
- (((l))) Real Estate Department. A city department in the City and County of San Francisco.
- (((m))) Rehabilitation Work. Any rehabilitation or repair work done by the landlord with regard to a rental unit, or to the common areas of the structure containing the rental unit, which work was done in order to be in compliance with State or local law, or was done to repair damage resulting from fire, earthquake or other casualty or natural disaster.
- (((n))) Rent. The consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, or the assignment of a lease for such a unit, including but not limited to monies demanded or paid for parking, furnishing, food service, housing services of any kind, or subletting.
- (((o))) Rent Increases. Any additional monies demanded or paid for rent as defined in item (p)(((n))) above, or any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent; provided, however, that where the landlord has been paying the tenant"s utilities and cost of those utilities increase, the landlord"s passing through to the tenant of such increased costs does not constitute a rent increase.
- (((p))) Rental Units. All residential dwelling units in the City and County of San Francisco together with the land and appurtenant buildings thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. The term shall not include:
- Housing accommodations in hotels, motels, inns, tourist houses, rooming and boarding houses, provided that at such time as an accommodation has been occupied by a tenant for 32 continuous days or more, such accommodation shall become a rental unit subject to the provisions of this Chapter; provided further, no landlord shall bring an action to recover possession of such unit in order to avoid having the unit come within the provisions of this Chapter. An eviction for a purpose not permitted under Section 37.9(a) shall be deemed to be an action to recover possession in order to avoid having a unit come within the provisions of this Chapter;
- Dwelling units in nonprofit cooperatives owned, occupied and controlled by a majority of the residents or dwelling units solely owned by a nonprofit public benefit corporation governed by a board of directors the majority of which are residents of the dwelling units and where it is required in the corporate by-laws that rent increases be approved by a majority of the residents;
- Housing accommodation 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;
- Except as provided in Subsections (A) and (B), dwelling ((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; provided, however, that units in unreinforced masonry buildings which have undergone seismic strengthening in accordance with Building Code Chapters 14 and 15 shall remain subject to the Rent Ordinances to the extent that the ordinance is not in conflict with the seismic strengthening bond program or with the program"s loan agreements or with any regulations promulgated thereunder;
- For purposes of Sections 37.2, 37.3(a)(9)(A), 37.4, 37.5, 37.6. 37.9, 37.9A, 37.10A, 37.11A and 37.13, and the arbitration provisions of Sections 37.8 and 37.8A applicable only to the provisions of Section 37.3(a)(9)(A), the term "rental units" shall include units occupied by recipients of tenant-based rental assistance where the tenant-based rental assistance program does not establish the tenant"s share of base rent as a fixed percentage of a tenant"s income, such as in the Section 8 voucher program and the "Over-FMR Tenancy" program defined in 24 CFR §982.4;
- For purposes of Sections 37.2, 37.3(a)(9)(B), 37.4, 37.5, 37.6, 37.9, 37.9A, 37.10A, 37.11A and 37.13, the term "rental units" shall include units occupied by recipients of tenant-based rental assistance where the rent payable by the tenant under the tenant-based rental assistance program is a fixed percentage of the tenant"s income; such as in the Section 8 certificate program and the rental subsidy program for the Housing Opportunities for Persons with Aids ("HOPWA") program (42 U.S.C. §12901 et seq., as amended).
- Rental units located in a structure for which a certificate of occupancy was first issued after the effective date of this ordinance, except as provided in Section 37.9A(b) of this Chapter;
- Dwelling units in a building which has undergone substantial rehabilitation after the effective date of this ordinance; provided, however, that RAP rental units are not subject to this exemption.
- (((q))) Substantial Rehabilitation. The renovation, alteration or remodeling of residential units of 50 or more years of age which have been condemned or which do not qualify for certificates of occupancy or which require substantial renovation in order to conform the building to contemporary standards for decent, safe and sanitary housing. Substantial rehabilitation may vary in degree from gutting and extensive reconstruction to extensive improvements that cure substantial deferred maintenance. Cosmetic improvements alone such as painting, decorating and minor repairs, or other work which can be performed safely without having the unit vacated do not qualify as substantial rehabilitation.
- (((r))) Tenant. A person entitled by written or oral agreement, sub-tenancy approved by the landlord, or by sufferance, to occupy a residential dwelling unit to the exclusion of others.
- Tenant-Based Rental Assistance. Rental assistance provided directly to a tenant or directly to a landlord on behalf of a particular tenant, which includes but shall not be limited to certificates and vouchers issued pursuant to Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. §1437f) and the HOPWA program.
- (((s))) Utilities. The term "utilities" shall refer to gas and electricity exclusively.
SEC. 37.3. RENT LIMITATIONS.
- Rent Increase Limitations for Tenants in Occupancy. Landlords may impose rent increases upon tenants in occupancy only as provided below:
- Annual Rent Increase. On March 1st of each year, the Board shall publish the increase in the CPI for the preceding 12 months, as made available by the U.S. Department of Labor. A landlord may impose annually a rent increase which does not exceed a tenant"s base rent by more than 60 percent of said published increase. In no event, however, shall the allowable annual increase be greater than seven percent.
- Banking. A landlord who refrains from imposing an annual rent increase or any portion thereof may accumulate said increase and impose that amount on the tenant"s subsequent rent increase anniversary dates. A landlord who, between April 1, 1982, and February 29, 1984, has banked an annual seven percent rent increase (or rent increases) or any portion thereof may impose the accumulated increase on the tenant"s subsequent rent increase anniversary dates.
- Capital Improvements, Rehabilitation, and Energy Conservation Measures. A landlord may impose rent increases based upon the cost of capital improvements, rehabilitation or energy conservation measures provided that such costs are certified pursuant to Sections 37.7 and 37.8B below; provided further that where a landlord has performed seismic strengthening in accordance with Building Code Chapters 14 and 15, no increase for capital improvements (including but not limited to seismic strengthening) shall exceed, in any 12-month period, 10 percent of the tenant"s base rent, subject to rules adopted by the Board to prevent landlord hardship and to permit landlords to continue to maintain their buildings in a decent, safe and sanitary condition. A landlord may accumulate any certified increase which exceeds this amount and impose the increase in subsequent years, subject to the 10 percent limitation. Nothing in this subsection shall be construed to supersede any Board rules or regulations with respect to limitations on increases based upon capital improvements whether performed separately or in conjunction with seismic strengthening improvements pursuant to Building Code Chapters 14 and 15.
- Utilities. A landlord may impose increases based upon the cost of utilities as provided in Section 37.2(o) above.
- Charges Related to Excess Water Use. A landlord may impose increases not to exceed 50 percent of the excess use charges (penalties) levied by the San Francisco Water Department on a building for use of water in excess of Water Department allocations under the following conditions:
- The landlord provides tenants with written certification that the following have been installed in all units: (1) permanently installed retrofit devices designed to reduce the amount of water used per flush or low- flow toilets (1.6 gallons per flush); (2) low-flow shower heads which allow a flow of no more than 2.5 gallons per minute; and (3) faucet aerators (where installation on current faucets is physically feasible); and
- The landlord provides the tenants with written certification that no known plumbing leaks currently exist in the building and that any leaks reported by tenants in the future will be promptly repaired; and
- The landlord provides the tenants with a copy of the water bill for the period in which the penalty was charged. Only penalties billed for a service period which begins after the effective date of the ordinance [April 20, 1991] may be passed through to tenants. Where penalties result from an allocation which does not reflect documented changes in occupancy which occurred after March 1, 1991, a landlord must, if requested in writing by a tenant, make a good-faith effort to appeal the allotment. Increases based upon penalties shall be prorated on a per-room basis provided that the tenancy existed during the time the penalty charges accrued. Such charges shall not become part of a tenant"s base rent. Where a penalty in any given billing period reflects a 25 percent or more increase in consumption over the prior billing period, and where that increase does not appear to result from increased occupancy or any other known use, a landlord may not impose any increase based upon such penalty unless inspection by a licensed plumber or Water Department inspector fails to reveal a plumbing or other leak. If the inspection does reveal a leak, no increase based upon penalties may be imposed at any time for the period of the unrepaired leak.
- RAP Loans. A landlord may impose rent increases attributable to the Chief Administrative Officer"s amortization of the RAP loan in an area designated on or after July 1, 1977, pursuant to Chapter 32 of the San Francisco Administrative Code.
- Additional Increases. A landlord who seeks to impose any rent increase which exceeds those permitted above shall petition for a rental arbitration hearing pursuant to Section 37.8 of this Chapter.
- A landlord may impose a rent increase to recover costs incurred for the remediation of lead hazards, as defined in San Francisco Health Code Article 26. Such increases may be based on changes in operating and maintenance expenses or for capital improvement expenditures as long as the costs which are the basis of the rent increase area a substantial portion of the work which abates or remediates a lead hazard, as defined in San Francisco Health Code Article 26, and provided further that such costs are approved for operating and maintenance expense increases pursuant to Section 37.8(e)(4)(A) and certified as capital improvements pursuant to Section 37.7 below.
When rent increases are authorized by this Subsection (a)(8), the total rent increase for both operating and maintenance expenses and capital improvements shall not exceed 10 percent in any 12-month period. If allowable rent increases due to the costs of lead remediation and abatement work exceed 10 percent in any 12-month period, a hearing officer shall apply a portion of such excess to approved operating and maintenance expenses for lead remediation work, and the balance, if any, to certified capital improvements, provided, however, that such increase shall not exceed 10 percent. A landlord may accumulate any approved or certified increase which exceeds this amount, subject to the 10 percent limit.
- With respect to units occupied by recipients of tenant-based rental assistance:
- If the tenant"s share of the base rent is not calculated as a fixed percentage of the tenant"s income, such as in the Section 8 voucher program and the Over-FMR Tenancy Program, then:
- If the base rent is equal to or greater than the Payment Standard, the rent increase limitations in Sections 37.3(a)(1) and (2) shall apply to the entire base rent, and the arbitration procedures for those increases set forth in Section 37.8 and 37.8A shall apply
- If the base rent is less than the Payment Standard, the rent increase limitations of this Chapter shall not apply; provided, however, that any rent increase which would result in the base rent being equal to or greater than the Payment Standard shall not result in a new base rent that exceeds the Payment Standard plus the increase allowable under Section 37.3(a)(1).
- If the tenant"s share of the base rent is calculated as a fixed percentage of the tenant"s income, such as in the Section 8 certificate program and the rental subsidy program for the HOPWA program, the rent increase limitations in Section 37.3(a)(1) and (2) shall not apply. In such circumstances, adjustments in rent shall be made solely according to the requirements of the tenant-based rental assistance program.
- If the tenant"s share of the base rent is not calculated as a fixed percentage of the tenant"s income, such as in the Section 8 voucher program and the Over-FMR Tenancy Program, then:
- Notice of Rent Increase for Tenants in Occupancy. On or before the date upon which a landlord gives a tenant legal notice of a rent increase, the landlord shall inform the tenant, in writing, of the following:
- Which portion of the rent increase reflects the annual increase, and/or a banked amount, if any;
- Which portion of the rent increase reflects costs for capital improvements, rehabilitation, or energy conservation measures certified pursuant to Section 37.7;
- Which portion of the rent increase reflects the pass-through of charges for gas and electricity, which charges shall be explained;
- Which portion of the rent increase reflects the amortization of the RAP loan, as described in Section 37.3(a)(6)(((5))) above.
- Nonconforming Rent Increases. Any rent increase which does not conform with the provisions of this Section shall be null and void.
- With respect to rental units occupied by recipients of tenant-based rental assistance, the notice requirements of this Subsection (b) shall be required in addition to any notice required as part of the tenant-based rental assistance program.
- Initial Rent Limitation for Subtenants. A tenant who subleases his or her rental unit may charge no more rent upon initial occupancy of the subtenant or subtenants than that rent which the tenant is currently paying to the landlord.
- Effect of Deferred Maintenance on Pass-Throughs for Lead Remediation Techniques.
- When lead hazards, which have been remediated or abated pursuant to San Francisco Health Code Article 26, are also violations of State or local housing health and safety laws, the costs of such work shall not be passed through to tenants as either a capital improvement or an operating and maintenance expense if the hearing officer finds that the deferred maintenance, as defined herein, of the current or previous landlord caused or contributed to the existence of the violation of law.
- In any unit occupied by a lead-poisoned child and in which there exists a lead hazard, as defined in San Francisco Health Code Article 26, there shall be a rebuttable presumption that violations of State or local housing health and safety laws caused or created by deferred maintenance, caused or contributed to the presence of the lead hazards. If the landlord fails to rebut the presumption, that portion of the petition seeking a rent increase for the costs of lead hazard remediation or abatement shall be denied. If the presumption is rebutted, the landlord shall be entitled to a rent increase if otherwise justified by the standards set forth in this Chapter.
- For purposes of the evaluation of petitions for rent increases for lead remediation work, maintenance is deferred if a reasonable landlord under the circumstances would have performed, on a regular basis, the maintenance work required to keep the premises from being in violation of housing safety and habitability standards set forth in California Civil Code Section 1941 and the San Francisco Municipal Code. In order to prevail on a deferred maintenance defense, a tenant must show that the level or repair or remediation currently required would have been lessened had maintenance been performed in a more timely manner.
SEC. 37.9. EVICTIONS.
[Amended by Ord. No. 295-79 effective June 22, 1979; No. 358-80 effective August 24, 1980; No. 539-80 effective December 11, 1980; No. 4-82 effective February 7, 1982; No. 268-82 effective July 10, 1982; No. 498-82 effective November 11, 1982; No. 438-83 effective October 2, 1983; No. 425-84 effective November 17, 1984; No. 193-86 effective June 29, 1986; No. 7-87 effective February 14, 1987; No. 30-91 effective February 21, 1991; No. 192-91 effective June 30, 1991; No. 405-96 effective November 21, 1996; No. 109-97-4 effective January 30, 1998; No. 239-98, effective August 16, 1998; No. 250-98, effective August 30, 1998.]
Notwithstanding Section 37.3, this section shall apply as of August 24, 1980, to all landlords and tenants of rental units as defined in Section 37.2(p).
(a) A landlord shall not endeavor to recover possession of a rental unit unless:
(1) The tenant has failed to pay the rent to which the landlord is lawfully entitled under the oral or written agreement between the tenant and landlord or habitually pays the rent late or gives checks which are frequently returned because there are insufficient funds in the checking account; or
(2) The tenant has violated a lawful obligation or covenant of tenancy other than the obligation to surrender possession upon proper notice and failure to cure such violation after having received written notice thereof from the landlord; or
(3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or other tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c); or
(4) The tenant is using or permitting a rental unit to be used for any illegal purpose; or
(5) The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration and under such terms which are materially the same as in the previous agreement provided that such terms do not conflict with any of the provisions of this chapter; or
(6) The tenant has, after written notice to cease, refused the landlord access to the rental unit as required by state or local law; or
(7) The tenant holding at the end of the term of the oral or written agreement is a subtenant not approved by the landlord; or
(8) The landlord seeks to recover possession in good faith, without ulterior reasons and with honest intent, for the landlord"s use and occupancy as his or her principal residence, or for the use and occupancy as the principal residence of the landlord"s children, parents, grandparents, grandchildren, brother or sister, or the landlord"s spouse or the spouses of such relations, for a period of at least 12 continuous months.
(i) For purposes of this Section 37.9(a)(8) only, as to landlords who become owners of record of the rental unit on or before February 21, 1991, the term landlord shall be defined as an owner of record of at least 10% interest in the property. For purposes of this Section 37.9(a)(8) only, as to landlords who become owners of record of the rental unit after February 21, 1991, the term "landlord" shall be defined as an owner of record of at least 25 percent interest in the property.
(ii) A landlord may not recover possession under this Section 37.9(a)(8) if a comparable unit in the building is already vacant and available, or if such a unit becomes vacant and available during the period of the notice terminating tenancy. If a comparable unit does become vacant and available during said notice period, the landlord shall rescind the notice to vacate.
(iii) It shall be rebuttably presumed that the landlord has not acted in good faith if the landlord or relative for whom the tenant was evicted does not move into the rental unit and occupy said unit as that person"s principal residence for a minimum of 12 continuous months; or
(9) The landlord seeks to recover possession in good faith in order to sell the unit in accordance with a condominium conversion approved under the San Francisco subdivision ordinance and does so without ulterior reasons and with honest intent; or
(10) The landlord seeks to recover possession in good faith in order to demolish or to otherwise permanently remove the rental unit from housing use and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent; provided that a landlord who seeks to demolish an unreinforced masonry building pursuant to Building Code Chapters 14 and 15 must provide the tenant with the relocation assistance specified in Section 37.9A(f) below prior to the tenant"s vacating the premises; or
(11) The landlord seeks in good faith to remove temporarily the unit from housing use in order to be able to carry out capital improvements or rehabilitation work and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent. Any tenant who vacates the units under such circumstances shall have the right to reoccupy the unit at the prior rent adjusted in accordance with the provisions of this chapter. The tenant will vacate the unit only for the minimum time required to do the work. On or before the date upon which notice to vacate is given, the landlord shall advise the tenant in writing that the rehabilitation or capital improvement plans are on file with the Central Permit Bureau of the Department of Building Inspection located at 1660 Mission Street and that arrangements for reviewing such plans can be made with the Central Permit Bureau. In addition to the above, no landlord shall endeavor to recover possession of any unit subject to a RAP loan as set forth in Section 37.2(k) of this chapter except as provided in Section 32.69 of the San Francisco Administrative Code. The tenant shall not be required to vacate pursuant to this Section 37.9(a)(11), for a period in excess of three months provided, however, that such time period may be extended by the Board or its hearing officers upon application by the landlord. The Board shall adopt rules and regulations to implement the application procedure. Any landlord who seeks to recover possession under this Section 37.9(a)(11) shall pay the tenant actual costs up to $1,000.00 for moving and relocation expenses not less than 10 days prior to recovery of possession; or
(12) The landlord seeks to recover possession in good faith in order to carry out substantial rehabilitation, as defined in Sec. 37.2(q), and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent. Notwithstanding the above, no landlord shall endeavor to recover possession of any unit subject to a RAP loan as set forth in Section 37.2(k) of this chapter except as provided in Section 32.69 of the San Francisco Administrative Code; or
(13) The landlord, who does not have cause to evict under any other provision of this Section 37.9(a), wishes to withdraw from rent or lease all rental units within any detached physical structure and, in addition, in the case of any detached physical structure containing three or fewer rental units, any other rental units on the same lot, and complies in full with Section 37.9A with respect to each such unit; provided, however, that a unit classified as a residential unit under chapter 41 of this Code which is vacated under this Section 37.9(a)(13) may not be put to any use other than that of a residential hotel unit without compliance with the provisions of Section 41.9 of this Code.
(14) The landlord seeks in good faith to temporarily recover possession of the unit for less than thirty (30) days solely for the purpose of effecting lead remediation or abatement work, as required by San Francisco Health Code Article 26. The relocation rights and remedies, established by San Francisco Administrative Code Chapter 72, including but not limited to, the payment of financial relocation assistance, shall apply to evictions under this Section 37.9(a)(14).
(b) A landlord who resides in the same rental unit with his or her tenant may evict said tenant without just cause as required under Section 37.9(a) above.
(c) A landlord shall not endeavor to recover possession of a rental unit unless at least one of the grounds enumerated in Sections 37.9(a) or (b) above is the landlord"s dominant motive for recovering possession and unless the landlord informs the tenant in writing on or before the date upon which notice to vacate is given of the grounds under which possession is sought and that advice regarding the notice to vacate is available from the Residential Rent Stabilization and Arbitration Board, before endeavoring to recover possession. A copy of all notices to vacate except 3-day notices to vacate or pay rent and a copy of any additional written documents informing the tenant of the grounds under which possession is sought shall be filed with the Board within 10 days following service of the notice to vacate. The District Attorney shall determine whether the units set forth on the list compiled on accordance with Section 37.6(k) are still being occupied by the tenant who succeeded the tenant upon whom the notice was served. In cases where the District Attorney determines that Section 37.9(a)(8) has been violated, the District Attorney shall take whatever action he deems appropriate under this chapter or under state law.
(d) No landlord may cause a tenant to quit involuntarily or threaten to bring any action to recover possession, or decrease any services, or increase the rent, or take any other action where the landlord"s dominant motive is retaliation for the tenant"s exercise of any rights under the law. Such retaliation shall be a defense to any action to recover possession. In an action to recover possession of a rental unit, proof of the exercise by the tenant of rights under the law within 6 months prior to the alleged act of retaliation shall create a rebuttable presumption that the landlord"s act was retaliatory.
(e) It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Sec. 37.9(a) and (b). Any person endeavoring to recover possession of a rental unit from a tenant or evicting a tenant in a manner not provided for in Sec. 37.9(a) or (b) without having a substantial basis in fact for the eviction as provided for in Sec. 37.9(a) shall be guilty of a misdemeanor and shall be subject, upon conviction, to the fines and penalties set forth in Sec. 37.10. Any waiver by a tenant of rights under this chapter shall be void as contrary to public policy.
(f) Whenever a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Sections 37.9 and/or 37.10 as enacted herein, the tenant or board may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages (including damages for mental or emotional distress), and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of Sections 37.9 or 37.10 herein. The prevailing party shall be entitled to reasonable attorney"s fees and costs pursuant to order of the court. The remedy available under this Section 37.9(f) shall be in addition to any other existing remedies which may be available to the tenant or the Board.
(g) The provisions of this Section 37.9 shall apply to any rental unit as defined in Sections 37.2(r)(4)(A) and 37.2(r)(4)(B), including where a notice to vacate/quit any such rental unit has been served as of the effective date of this Ordinance No. 250-98, but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of this Ordinance No. 250-98.
(h) With respect to rental units occupied by recipients of tenant-based rental assistance, the notice requirements of this section 37.9 shall be required in addition to any notice required as part of the tenant-based rental assistance program, including but not limited to the notice required under 24 CFR §982.311(e)(2)(ii).
(i) TEMPORARY MORATORIUM. The following additional provisions shall apply to a landlord who seeks to recover a rental unit by utilizing the grounds enumerated in Section 37.9(a)(8):
(1) As of the effective date of the Ordinance amending Chapter 37 by adding this Section 37.9(i), (Ordinance No. 482-97) and continuing through June 30, 1999, a landlord may not recover possession of a unit from a tenant under Section 37.9(a)(8) if the landlord has or receives notice, any time before recovery of possession, that any tenant in the rental unit:
(A) Is 60 years of age or older and has been residing in the unit for 10 years or more; or
(B) Is disabled within the meaning of Section 37.9(i)(1)(B)(i) and has been residing in the unit for 10 years or more, or is catastrophically ill within the meaning of Section 37.9(i)(1)(B)(ii) and has been residing in the unit for 5 years or more:
(i) A "disabled" tenant is defined for purposes of this Section 37.9(1)(B) as a person who is disabled or blind within the meaning of the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP), and who is determined by SSI/SSP to qualify for that program or who satisfies such requirements through any other method of determination as approved by the Rent Board;
(ii) A "catastrophically ill" tenant is defined for purposes of this Section 37.9(1)(B) as a person who is disabled as defined by Section 37.9(1)(B)(i), and who is suffering from a life threatening illness as certified by his or her primary care physician.
(2) The foregoing provisions of Section 37.9(i)(1)(A) and (B) shall not apply where there is only one rental unit owned by the landlord in the building, or where each of the rental units owned by the landlord in the same building where the landlord resides (except the unit actually occupied by the landlord) is occupied by a tenant otherwise protected from eviction by Sections 37.9(i)(1)(A) and (B) and where the landlord"s qualified relative who will move into the unit pursuant to Section 37.9(a)(8) is 60 years of age or older.
(3) The temporary eviction moratorium established by this Section 37.9(i) includes, but is not limited to, any rental unit where a notice to vacate/quit has been served as of the date the temporary moratorium takes effect (see Section 37.9(i)(1)) but where the rental unit has not yet been vacated or an unlawful detainer judgment has not been issued.
(4) Unless otherwise limited or extended, the provisions of Section 37.9(i) shall remain in effect through June 30, 1999 only, and shall no longer be in effect on July 1, 1999, and thereafter.
(5) (i) Within 30 days following service by a landlord of either a written request by U.S. Mail and hand delivery, or, at the landlord"s option, a notice of termination of tenancy under Section 37.9(a)(8), a tenant must serve a statement, including supporting evidence, on the landlord by U.S. Mail or hand delivery that the tenant claims or does not claim to be a member of one of the classes protected by this Section. Service of the written request on the tenant shall be complete on the date on which the mailed request is postmarked and the hand delivered copy is delivered to the leased premises, whichever is later. Service of the tenant"s statement and supporting evidence on the landlord shall be complete on the date on which a mailed statement and evidence is postmarked or a hand delivered copy is delivered to the landlord at the address stated in the landlord"s request or notice.
(ii) The landlord"s written request or notice of termination of tenancy shall specifically refer to this Section 37.9.(g), shall inform the tenant that he or she has 30 days in which to invoke the protection of Section 37.9(g), and shall describe the manner in which the tenant must give notice to the landlord of the tenant"s claim.
(iii) The landlord shall file a copy of the request or notice with the Rent Board within ten days following service on the tenant.
(iv) The evidence supporting a tenant"s claim of protection under Section 37.9(g) may include, but is not limited to, a driver"s license, passport, birth certificate, SSI/SDI statement, or letter from a licensed physician.
(v) A tenant"s failure to serve a statement on the landlord within the 30-day period shall be deemed an admission that the tenant is not protected by this Section.
(vi) A landlord may challenge a tenant"s claim of protected status either by requesting a hearing with the Rent Board or, at the landlord"s option, through commencement of eviction proceedings, including service of a notice of termination of tenancy. In the Rent Board hearing or the eviction action, the tenant shall have the burden of proof to show protected status. No civil or criminal liability under Sections 37.9(e) or (f) shall be imposed upon a landlord either requesting or challenging a tenant"s claim of protected status.
Section 2. SEVERABILITY. If any part or provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.