Loading...
Upon completion of lead hazard abatement pursuant to this Chapter, the Director-DPH shall determine whether monies accumulated through the REAP process are sufficient to cover the costs of the abatement, including administrative costs as provided in Section 74.11. If the monies accumulated by the REAP process are not sufficient to completely cover these costs of the abatement, the Director-DPH may recover the remainder of the costs in accordance with the lien procedures provided in Chapter 10, Article XX, San Francisco Administrative Code.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
REAP funds accumulated from the tenants' monthly rental deposits that are in excess of the lead hazard abatement costs (including the administrative costs as provided by Section 74.11) shall be refunded to the landlord within a reasonable time of completion of the abatement work, as evidenced by a notice of final completion or other equivalent document indicating the completion of abatement, issued by the citing department.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
The owner of property where REAP is implemented shall pay administrative costs of $85 per hour for the time spent by Department of Public Health staff evaluating, reviewing and monitoring the abatement of lead hazards on that property.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
The Director-DPH shall, in addition to performing the duties as prescribed herein, perform the following duties pertaining to the sound and efficient administration of this Chapter. Such duties may be delegated:
(a) Determination of Interested Parties. A title report shall be obtained that shows all persons or entities on the records of the County Recorder with an ownership interest or liens, encumbrances or other interests in the real property on which the building is situated. In addition, the name and address shall be obtained of any other interested party known to the Director-DPH or known to any member of the City Agency Task Force (as convened pursuant to Health Code Section 1606).
(b) Contact with Tenants. Tenants of any affected building may be contacted after the decision to abate lead hazards by using the REAP process. Such contact may be in person or by mail, or both. Any reasonable means may be used to carry out this activity, including but not limited to contact with neighborhood organizations.
Any specific responses furnished by tenants or their representatives or agents, whether or not identifiable as attributable to any individual tenant, shall be confidential.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
(a) Escrow Payment as Rent. The gross amount paid into a REAP account by or on behalf of a tenant shall be deemed a rent payment made in that same amount to the landlord. In any action by a landlord to recover possession of a residential unit for nonpayment of rent, the tenant may raise the fact of payments into the REAP account as an affirmative defense in the same manner as if such payments had been made to and accepted by the landlord.
(b) Recovery of Unit. A landlord may bring an action to recover possession of a rental unit that has been placed into REAP based upon any grounds permitted by State or local law, provided that nothing in this Chapter may be construed to affect the applicability of Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) to those units that are subject to its provisions.
(c) Retaliatory Eviction. If the landlord is seeking to recover possession of a residential unit in retaliation against the tenant for exercising his or her rights under this Chapter or because of his or her complaint to an appropriate agency as to the habitability of a residential unit, or because of any other actions or proceedings by the City under this Chapter, then the landlord may not recover possession of a residential unit in any action or proceeding or cause the tenant to quit involuntarily.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
In addition to the sources of funds specifically identified in this Chapter (i.e., REAP accounts, and the Health Code Article 11 abatement fund, the Director-DPH shall endeavor to identify and obtain supplemental funds from other sources as may be needed to successfully abate unsafe conditions pursuant to this Chapter. If obtained, such supplemental funds may be utilized by the Director-DPH, consistent with the purposes of this Chapter. The Director-DPH shall make information on any supplemental funding sources reasonably available on a regular basis.
Upon completion of lead hazard abatement pursuant to this Chapter, the Director-DPH shall determine whether monies accumulated through the REAP process are sufficient to cover the costs of the abatement, including administrative costs as provided in Section 74.11. If the monies accumulated by the REAP process are not sufficient to completely cover these costs of the abatement, the Director-DPH may recover the remainder of the costs in accordance with the lien procedures provided in Chapter 10, Article XX, San Francisco Administrative Code.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
SEC. 74.15. APPLICABILITY OF CHAPTER 37, SAN FRANCISCO ADMINISTRATIVE CODE.
Rent increases for those units subject to Chapter 37 (Residential Rent Stabilization and Arbitration Ordinance) continue to be governed by the provisions of that chapter. Units not within the scope of that Chapter shall be governed by the terms and conditions of a written lease, if any, and applicable federal, State and local laws and regulations other than Chapter 37.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)