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In connection with a conventional RAP loan, the loan agreement may provide for a variable interest rate. If the loan agreement does provide for a variable interest rate, the terms of the loan agreement and any change in the interest rate or other charges shall conform to the requirements of Sections 37917 of the Health and Safety Code of the State of California relating to the use of variable interest rates in connection with financing residential rehabilitation.
(Added by Ord. 23-74, App. 1/9/74)
All conventional RAP loan agreements shall provide that, in the case of dwelling units which must be vacated because of residential rehabilitation to be performed on the structures where they are located:
(a) A tenant who must vacate a dwelling unit shall have the right of first refusal to occupy that unit at a rent adjusted in accordance with the San Francisco Administrative Code when rehabilitation of the property is completed;
(b) The property owner shall give each tenant affected written notice 30 days prior to the date the tenant must vacate of the following:
(1) That the tenant has the right to first refusal to reoccupy the unit vacated when rehabilitation of the property is completed;
(2) That relocation assistance may be available and that relocation information may be obtained from the Chief Administrative Officer, Room 289, City Hall, San Francisco; and
(3) That the tenant may be subject to certain protections under the Rent Ordinance and that information concerning such protection is available from the Rent Board, 170 Fell Street, Room 16, San Francisco.
(c) A copy of the notice specified in clause (b) shall be forwarded to the Rent Board.
(Amended by Ord. 112-83, App. 3/11/83)
All conventional RAP loan agreements shall provide that so long as the loan or any portion of it is outstanding the property shall be open upon sale or rental of all or any portion thereof, to all persons regardless of race, color, religion, national origin or ancestry.
(Added by Ord. 23-74, App. 1/9/74)
All conventional RAP loan agreements shall provide that all contracts and subcontracts let for residential rehabilitation financed under this Chapter are to be let without regard to the race, sex, marital status, color, religion, national origin or ancestry of the contractor or subcontractor. Further, all conventional RAP loan agreements shall provide that any contractor or subcontractor engaged in residential rehabilitation financed under this Chapter must agree to provide equal opportunity for employment without regard to race, sex, marital status, color, religion, national origin or ancestry.
(Added by Ord. 23-74, App. 1/9/74)
A licensed general building contractor having in his or her contract more than two unrelated building trades or crafts may do or superintend the whole or any part of residential rehabilitation without regard to the provisions of Section E I of the Plumbing Code or Section 41 of the Electrical Code.
(Added by Ord. 23-74, App. 1/9/74)
The provisions of Section 32.70 and the provisions of Section 32.71 is they relate to enforcement of nondiscrimination on the basis of race, sex, marital status, color, religion, national origin or ancestry, are enforceable by the Human Rights Commission. The enforcement powers, responsibilities and procedures of the Human Rights Commission set forth in Chapter 12A of the San Francisco Administrative Code and of the San Francisco Labor and Employment Code shall be applicable to carry out the Commission’s responsibilities under this Chapter. In addition, pursuant to rules to be adopted by the Chief Administrative Officer, violation of the loan agreement provisions required by Sections 32.69, 32.70, and 32.71 may result in any outstanding financing obtained pursuant to the loan agreement becoming immediately due and payable.
(Added by Ord. 23-74, App. 1/9/74)
(a) The property owner shall agree that during the time any conventional RAP loan is outstanding, rent for any dwelling unit in the rehabilitated residence shall not exceed the base rent plus actual increased costs to the owner in the form of monthly loan payments, property taxes, insurance, maintenance, and annual adjustments tied to the Bay Area Cost of Living Index.
(b) The Chief Administrative Officer shall calculate the annual cost of living adjustment on the basis of the Bay Area cost of living index as of January 1st each year, and shall announce to both property owners and tenants the adjustment no later than 30 days following publication of such figures by the United States Department of Commerce.
(c) Base rent date is the 180th day preceding the date of designation of the area for residential rehabilitation by the Board of Supervisors or the date 10 days preceding the first public meeting conducted in a residential rehabilitation area by the Director of Planning, whichever is earlier in time.
(d) Base rent for a dwelling unit is the rent charged for this dwelling unit on the base rent date; except that if no rent was being charged on the base rent date, or if the property owner believes that the rent charged on the base rent date was unreasonably low due to special conditions, the property owner may petition the Chief Administrative Officer to establish a base rent or to revise the base. The Chief Administrative Officer shall give notice and an opportunity to comment in writing to tenants to be affected by the Chief Administrative Officer's decision. In establishing or revising the base rent, the Chief Administrative Officer shall take into consideration the rent charged on the base rent date for comparable units within the same building; the rent charged on the base rent date for comparable units in the immediate neighborhood; and any special or unusual circumstances affecting the rent charged on the base rent date for the subject unit.
(e) Any property owner who petitions the Chief Administrative Officer to establish or revise the base rent and any tenant occupying a unit for which such a petition is brought by the property owner may appeal the base rent to the Area Rent Committee. Unless the Area Rent Committee decides otherwise by a vote of three, the decision of the Chief Administrative Officer shall stand.
(f) The provisions of this Section shall apply in all residential rehabilitation areas designated by resolution of the Board of Supervisors pursuant to Section 32.43 prior to July 1, 1977.
(Amended by Ord. 269-82, App. 6/10/82)
(a) The property owner shall agree that during the time any conventional RAP loan is outstanding, rent for a tenant occupying a dwelling unit in the rehabilitated residence shall not exceed that rent which is allowable under Chapter 37 of the San Francisco Administrative Code.
(b) At the time the RAP loan is recorded, the Chief Administrative Officer shall notify the owner and each tenant of the allowable rent increase based upon the amortized loan. If a tenant believes that the allowable rent increase is inaccurate, the tenant may file a complaint with the Chief Administrative Officer within 30 days of notification. The procedures for handling the complaint follow:
(1) The Chief Administrative Officer shall investigate the tenant's complaint and shall render a decision not more than 30 days after receiving the complaint;
(2) If the Chief Administrative Officer determines that the complaint is valid, the property owner shall reduce the rent in accordance with this determination and rebate the excess amount collected within 15 days of notice of the decision.
(c) The Chief Administrative Officer shall notify the owner, each tenant and the Rent Board of the allowable rent increases as established in Subsection (a) above. An owner shall only impose subsequent rent increases in accordance with the provisions set forth in Chapter 37 of the San Francisco Administrative Code.
(Amended by Ord. 112-83, App. 3/11/83)
When a tenant believes that the rent for his or her dwelling unit has been increased above the amounts allowed under Section 32.73, or increased in excess of the limitations set forth in the Rent Ordinance (Chapter 37 of the San Francisco Administrative Code), the tenant may petition the Rent Board for a rental arbitration hearing.
(Amended by Ord. 269-82, App. 6/10/82)
If a property owner refuses to rebate excess rent collected in violation of the provisions of Section 32.73, or fails to comply with the decision of the Rent Board with respect to a rent increase or increases for his or her tenants, the Rent Board shall refer the matter to the Chief Administrative Officer with a recommendation that the conventional RAP loan agreement be terminated. Upon such recommendation, the Chief Administrative Officer may terminate the agreement and the unpaid amount of the loan shall become due and payable immediately. In determining whether to declare a loan agreement terminated, the Chief Administrative Officer shall consider any recommendations of the Citizens Advisory Committee for the residential rehabilitation area where the property subject to the loan is located.
(Amended by Ord. 269-82, App. 6/10/82)
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