General. | |
Definitions. | |
Rent Escrow Account Program (REAP) Funds. | |
Use of REAP Funds and Use of Health Code Article 11 Funds for REAP Purposes. | |
Precertification Procedures. | |
Certification by the Director-DPH, Escrow Accounts. | |
Expenditure of Funds for REAP Purposes. | |
Manner of Service for Use of REAP Funds. | |
Recording of Lien for Abatement Costs. | |
Refund of REAP Funds. | |
Payment of Administrative Costs. | |
Duties of the Director-DPH. | |
Effects on Tenants' Rights. | |
Supplemental Sources of Funds. | |
Applicability of Chapter 37, San Francisco Administrative Code. | |
(a) Purpose. It is the purpose of this Chapter to provide a just, efficient and practical method of abating unsafe or substandard housing conditions attributable to the presence of lead hazards in a unit occupied by a lead-poisoned child; to be cumulative, and in addition, to any other remedy available at law or equity for said abatement; to encourage full and expedient compliance by landlords with the standards for lead-safe dwellings, as set forth in Article 26 of the San Francisco Health Code.
(b) Scope. This Chapter shall apply to all residential units in all existing buildings, structures, and premises which consist of or contain one or more rental units, as defined herein. The remedy provided by this Chapter shall be in addition to those remedies for failure to perform ordinary repair and maintenance which results in abatement of lead hazards, as defined by Article 26 of the Health Code, and those remedies provided by Chapter 37, San Francisco Administrative Code ("Chapter 37"); provided, further that nothing in this Chapter shall alter, enlarge or modify the scope of Chapter 37.
(c) Role of Director of Public Health. The Director of Public Health, or his or her designee, shall be responsible for carrying out the provisions of this Chapter. The Director is hereby authorized to issue orders and promulgate policies, rules and regulations to effectuate the purposes of this Chapter by conducting studies and investigations and holding such public hearings as are deemed necessary to promulgate, administer and enforce any regulation, rule or order adopted pursuant to this Chapter.
(d) Other Provisions of the San Francisco Municipal Code Unaffected Hereby. Adoption of this Chapter shall not be deemed to repeal directly or by implication any other provision of the San Francisco Municipal Code, and the adoption hereof shall not affect or diminish the power or authority of an officer or employee of the City to condemn, demolish, vacate or repair any building or structure erected or maintained in violation of any provision of said Municipal Code or to cause the condemnation, demolition, vacation or repair of the same. The administration and application of the provisions of this Chapter shall not be construed as constituting ownership, operation, or management by the City and County of San Francisco ("City") of any building. In addition: nothing in this Chapter shall be construed to cause the City, its agents, employees or officers, to be agents, employees, partners, or joint ventures of a landlord, a tenant or any interested party who receives funds from the REAP Trust Fund.
(e) Cumulative Nature of Remedies and Penalties. Unless otherwise expressly provided, the remedies and penalties provided by this Chapter are cumulative to each other and to any other remedies or penalties available under law.
(Added by Ord. 398-96, App. 10/21/96)
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
Citing Department. The Childhood Lead Prevention Program within the Department of Public Health or its successor agency and the Department of Building Inspection or its successor agency.
Director-DBI. Director of Building Inspection or his or her designee.
Director-DPH. Director of Public Health or his or her designee.
Interested Party. Any person, firm, corporation, partnership, or other entity having a recorded interest in the real property which is the subject of abatement action or participating in the Rent Escrow Account Program, including but not limited to judgment liens, mechanics' liens, and liens for payment of family support.
Landlord. An owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use and occupancy of any residential unit or portion thereof, or the agent, representative, or successor of any of the foregoing.
Proof of Compliance. Documentation, in such form as the citing department shall provide, that the lead hazards described in the order or citation have been fully abated. The Director-DPH, by regulation, may specify the acceptable evidence for proof of compliance. The burden is on the landlord or the interested party to obtain and provide to the Director any proof of compliance.
REAP. Rent Escrow Account Program, as provided by this Chapter, which results in the creation of individual escrow accounts, comprised of monthly rental payments by tenants occupying unsafe residential units, the deposits of which are to be used for the abatement of lead hazards in said unsafe residential units.
Residential Unit. All residential dwelling units in the City and County of San Francisco, together with the land and appurtenant buildings, structures, or premises thereto, which consist of or contain one or more rental units, including the housing services, furnishings and facilities supplied in connection with the residential use or occupancy.
Tenant. A person entitled to use or occupy a residential unit by written or oral agreement, including a tenant, subtenant, or any person whose right to occupancy is through sufferance.
Unsafe Residential Unit. A residential unit shall be deemed unsafe for the purposes of this Chapter only if it is the subject of a citation or order issued by the citing department and is deemed a nuisance pursuant to Article 26 of the Health Code.
(Added by Ord. 398-96, App. 10/21/96)
The Director-DPH shall establish and maintain rent escrow accounts in accordance with the Rent Escrow Account Program (REAP) established by this Chapter and in accordance with commonly accepted fiduciary practice. Monthly rental payments made into REAP accounts pursuant to the provisions of this Chapter by tenants lawfully occupying unsafe residential units shall be used for the purposes established by this Chapter.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
Funds which are paid into the REAP accounts pursuant to this Chapter shall only be expended on abatement of lead hazards, as determined by the Director-DPH. Alternatively, or in addition, funds made available from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances" ) may also be used by the Director-DPH for abatement of lead hazards pursuant to this Chapter. The use of funds from either funding source shall be limited to the reasonable cost of materials and labor in performing the abatement work, plus administrative costs as provided in Section 74.11.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
(a) Consideration by Director-DPH for Placement in REAP. The Director-DPH may use the REAP process to abate lead hazards found in any building. Consideration of a placement of a building in REAP must take place no more than 10 days from the expiration of the period allowed for compliance with an order or citation issued by the citing department where the unsafe conditions listed on such order remain, or 90 days after the date such order or citation was issued, whichever occurs first. Funds available to abate lead hazards through the REAP process shall consist of all monthly rental deposits made into REAP accounts by eligible tenants and may also include monies made available for this purpose from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances").
Before any funds can be expended by the City, the Director shall review a description of the unsafe conditions, including their location within the premises, and any other information as required by such regulations as the Director-DPH may promulgate. In any actions or proceedings pursuant to this Chapter, a recommendation to use REAP shall not be invalidated solely because required information is not reviewed, is inaccurate or is incomplete.
(b) Notice of Decision to Use the REAP Process to Abate Lead Hazards. Within three days of deciding to use the REAP process to abate the lead hazards, the Director-DPH shall provide his/her decision in writing to: the landlord, tenants, any interested parties and any other person who has requested such notification.
(c) Manner of Giving Notice. Notice of the decision to utilize the REAP process may be given either by personal delivery to the landlord, or by deposit in the United States mail in a sealed envelope, postage prepaid, to the address known to the citing division or department, or if not known, to the address as shown on the last equalized assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States mail. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any of the proceedings or action taken hereunder. Proof of giving any such notice may be made by a declaration signed under penalty of perjury by any employee of the City.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
Tenants may deposit their rental payments into a REAP account only after the Director-DPH has certified that the work necessary to abate the lead hazards in the unsafe residential unit has not been performed by the owner. Such certification shall be based on a written report by a citing department containing the following information: the estimate for the abatement work; the amount of monies available from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances"); those monies which are likely to be made available from the Health Code Article 11 abatement fund within the next month; and, the amount of money likely to be collected from rental deposits by tenants into REAP accounts pending completion of the anticipated abatement work. The Director-DPH shall make his or her decision to utilize the REAP at a particular building based on the information contained in this report and on any other factors which are reasonable under the circumstances.
The Director-DPH shall notify all affected tenants by mail of the utilization of REAP, including an explanation of how rental payments may be deposited into the account. A record of all deposits made by tenants shall be maintained by the Director-DPH. The Director-DPH shall provide, at least once a month for the duration of rent deposits into REAP accounts, a report to the landlord and the tenants concerning the activity in the REAP accounts, including but not limited to, provision for payment of reasonable administrative costs pursuant to Section 74.11. The records of such account(s) shall be reasonably available for public inspection.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
Loading...