Rent Increases, Chapter 7
- “Banking” Past Annual Rent Increases > March 2016–February 2017 60.2%
- Hearing for Operating and Maintenance Expense Increase for Tenant > 1. Is all the documentation in the petition file? If bills, calculations, or letters are not included, you can access them at the Rent Board by making a document request (which can include copying)missing, send a letter to the landlord requesting the documentation. If documentation is not received before the hearing, you may ask the judge to keep the file open until the documentation is available.
Discrimination, Chapter 9
- Reasonable Accommodations and Modifications >State law prohibitsallows cultivation of marijuana except for medical marijuana for a patient or their primary caregiver and allows local law to set the limit on the number of plants.
Changes in Use, Chapter 10
- Lifetime Lease (SF Subdivision Code § 1396.4(g)) >
- The lease shall state it does not alter the rights of the tenant in carrying out the terms of the pre-existing rental agreement including tThe landlord is obligated to maintain the same level of services and maintenance of the property as before the bypass.
- Picket Open Houses: > Carry signs, and give out the flyers, and talk to prospective buyers one-on-one.
- Demolition of a Single Rental Unit and Mergers > Property owners with a Notice of Violation for an unauthorized unit have one year to fix the violation either through legalization or removal of the unit. (SF Planning Code § 317, SF Building Code 102A.3.1.1)
…To merge units covered under the Rent Ordinance, a landlord must first have a just cause to evict and then, in most cases, must obtain permits. Aa conditional use authorization is required for loss of a residential unit through merger. The Department of Planning has been holding mandatory discretionary review or conditional use hearing of most merger applications. Housing that is not affordable or not sound do not require a public hearing. Generally if the cost to upgrade the unit(s) to safe and habitable standards costs more than 50% of the cost to replace the existing unit(s) at the same size, it would be considered unsound. (SF Planning Code § 317)
- Building Permits > Depending on the district and type of application, the Department of Planning will mail the tenant a notice of the application. (SF PlanningBuilding Code 106A.3.2.3…
Such affidavit shall be posted prominently for at least fifteen days in a conspicuous common area within the building and delivered by hand delivery or US mail to all tenants residing in the building. (SF PlanningBuilding Code § 106A.3.1
Eviction Defenses, Chapter 12
- Illegal Use > Although still illegal under federal law, state law allows adults 21 years or older to smoke or ingest marijuana, give away up to 28.5 grams to other adults, and cultivate up to six plants. (CA Health and Safety Code § 11362.1) Medical use allows for cultivation of additional plants. (See the section “Reasonable Accommodations and Modifications” in Chapter 9: Discrimination for more information. However, secondhand smoke and other odors may be considered a nuisance and an interference with a neighbor’s right to quiet enjoyment of his home. See the section “Air Quality” in Chapter 6: Repairs and Services for more information.
