Tuesday, October 4, 2011

Rent Board Service - What We Do & Don't


The San Francisco Rent Ordinance regulates rents and evictions for certain residential rental units in San Francisco. There is no commercial rent control in San Francisco.

The Rent Board's primary function is to conduct hearings and mediations of tenant and landlord petitions regarding the adjustment of rents under the City's rent control laws. The Rent Board also investigates Reports of Alleged Wrongful Eviction, although the Rent Board's authority in such matters is limited since only the Court can decide whether an eviction is legal.
The Rent Board cannot arbitrate matters that are not part of the Rent Ordinance. For example, we do not have jurisdiction to adjudicate alleged breaches of a rental agreement, which must be decided in court. The Rent Board also cannot hear cases concerning issues of discrimination, harassment or retaliation, as such matters are outside of our jurisdiction. Please contact the San Francisco Human Rights Commission regarding these issues.
The Rent Board provides counseling information on subjects that are covered by the Rent Ordinance ONLY. Please understand that our staff CANNOT give legal advice and they are instructed to let you know when your question is one that should properly be answered by a lawyer.
While we cannot refer you to individual attorneys, staff will be glad to direct you to appropriate resources for advice and assistance. To receive a copy of our current referral list, you can fax it to yourself through our Fax Back system by calling 252-4660 or visit our website at www.sfgov.org/rentboard. Please note that you do not need a lawyer to file a petition at the Rent Board.
Due to high demand and a limited number of staff, there can sometimes be delays in speaking with a counselor. It is helpful if you have your questions written down before you speak with a counselor. You can speak with a counselor by calling 252-4602 during weekday counseling hours (9:00 a.m. to 12:00 Noon and 1:00 p.m. to 4:00 p.m.). Calls are generally limited to 5 minutes. A counselor is also available at the Rent Board's office from 8:00 a.m. to 5:00 p.m., Monday through Friday. Counseling visits at the office are generally limited to 10 minutes.

Source: http://www.sfrb.org/index.aspx?page=971

For Your Safety,
BanCal Property Management Team,
http://bancalsf.blogspot.com/


Friday, September 9, 2011

Eviction of Roommates and Subtenants

An owner who resides in the same rental unit with his or her tenant may evict the tenant without just cause. Whether an owner resides in the "same rental unit" with the tenant is an issue for the court to decide based on the facts of each case. If the owner rents to more than one roommate, the court may find that each room in the unit constitutes a separate rental unit; in such cases, the owner will need a just cause reason under the Ordinance to evict each of the roommates.

A master tenant who resides in the same rental unit with his or her subtenant may evict the subtenant without just cause. However, for any subtenancy commencing on or after May 25, 1998, the master tenant may not evict a subtenant without just cause unless the master tenant disclosed in writing to the subtenant that the tenancy is not subject to the just cause eviction provisions of the Ordinance prior to the commencement of that tenancy. Master tenants must comply with state law unlawful detainer procedures in order to evict a subtenant.
Only landlords are allowed to evict their tenants. A master tenant is considered a landlord in relation to his or her subtenant, meaning that a master tenant is able to evict a subtenant. Subtenants do not have the right to evict their master tenant or other subtenants or roommates. Similarly, roommates who are co-tenants cannot evict their fellow co-tenants.

Source: http://www.sfrb.org/index.aspx?page=971

For Your Safety,
BanCal Property Management Team,
http://bancalsf.blogspot.com/

Monday, August 22, 2011

5 Responsibilities For SF Tenants



1) To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.


2) To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and
sanitary manner.




3) To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.


4) Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface,damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.


5) To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies.


Source: http://www.apt-assoc.com/CaliforniaCivilCode.pdf

For Your Safety,
BanCal Property Management Team,
http://bancalsf.blogspot.com/


Thursday, August 4, 2011

Expanded Protection From Second Hand Smoke

The San Francisco Health Code has been amended to expand protections from second-hand smoke.
On April 24, 2010 a new ordinance (San Francisco Health Code Article 19F) that expanded protection from second hand smoke, sponsored by Supervisors Mar and Avalos, went into effect. The new law updating the landmark legislation adopted in 1994 that protects residents and visitors from second-hand smoke was unanimously approved by the Board of Supervisors and signed by the Mayor. 

Second-hand smoke, the third leading cause of preventable death, was declared a toxic air contaminant by the California Air Resources Board in 2006. The 2006 Surgeon General’s Report on Second Hand Smoke also found there is no safe level of exposure.
The Department of Public Health will focus its efforts on educating commercial, residential and mixed-use property owners and the general public during the next few months through educational mailings to commercial, residential, and mixed-use property owners and other businesses as well as a media campaign to be kicked off on June 4.
Enforcement will begin following the educational awareness campaign and complaints will be taken by 311.

Source: http://www.sfaa.org/legislative_updates.html#carbon

For Your Safety,
BanCal Property Management Team,
http://bancalsf.blogspot.com/