Purpose. | |
Definitions. | |
Rental Increase Moratorium and Rollback Provisions. | |
Violation of Ordinance. | |
Refusal of a Tenant to Pay a Rent Increase. | |
Severability. | |
Extension. |
The passage of Proposition 13, the property tax reform measure on June 6, 1978 ballot, has meant substantial property tax decreases to most landlords in the City and County of San Francisco. Through the use of a Renters Hot Line and public hearings, it has been found that a substantial number of landlords have increased the rents of tenants, and few have decreased rents, despite the passage of Proposition 13.
The Board of Supervisors will be considering the feasibility and desirability of measures designed to address the problems created by the unjustified spiraling rents in the City and County of San Francisco. Pending further study of the development and adoption of measures to address the problems created by the unjustified rent increases, it is necessary to temporarily roll back rents and, through June 14, 1979, to prohibit most rental increases on rental residential units within the City and County of San Francisco.
(Added by Ord. 181-79, App. 4/24/79)
(a) Housing Services. Services connected with the use or occupancy of a rental unit including, but not limited to, repairs, replacement, maintenance, painting, light, heat, water, elevator service, laundry facilities and privileges, janitor service, refuse removal, furnishings, telephone, parking and any other benefits, privileges or facilities.
(b) Landlord. An owner, lessor, sublessor, including any person, firm, corporation, partnership, or other entity, entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
(c) Moratorium Period. The period of time beginning on the effective date of this article and continuing through June 14, 1979, or until such time as the Board of Supervisors establishes a procedure for the adjustment and/or regulations of rents, whichever occurs first. During this period, rents shall not be increased.
(d) Rent. The consideration, including any bonus, benefits or gratuity demanded or received, for or in connection with the use or occupancy of a rental unit or the transfer of a lease for such a unit, including but not limited to monies demanded or paid for parking, for furnishings, for housing services of any kind, for subletting, or for security deposits for damages and/or for cleaning.
(e) Rental Units. All dwellings in the City and County of San Francisco designed for rental use or actually rented at any time on or after June 1, 1977 including single family dwellings and mobile homes, together with the land and buildings appurtenant thereto, and all services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. The term shall not include:
(1) Housing accommodations in hotels, motels, inns, tourist homes and rooming and boarding houses (which are rented primarily to transient guests for a period of less than 14 days);
(2) Dwelling units in nonprofit cooperatives owned and controlled by a majority of the residents;
(3) Housing accommodations in any hospital, convent, monastery, extended care facility, asylum, nonprofit home for the aged, or in dormitories owned and operated by an institution of higher education, a high school, or an elementary school;
(4) Dwelling units which a government unit, agency or authority owns, operates, or manages or which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation;
(5) Dwelling units located in a structure completely or newly constructed after the effective date of this Article;
(6) Dwelling units subject to a legally binding lease which sets forth the rental unit rent, provided that said lease was entered into prior to the effective date of this ordinance.
(f) Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of any rental unit.
(Added by Ord. 181-79, App. 4/24/79)
(a) Beginning on the effective date of this article and continuing through June 14, 1979, or until such time as the Board of Supervisors establishes a procedure for the adjustment and/or regulation of rents, whichever occurs first, rental units rents shall not be increased.
(b) During the moratorium period, the minimum rent for a rental unit in the City and County of San Francisco shall be the following:
(1) For a rental unit which was rented as of April 15, 1979, and continued to be rented thereafter to one or more of the same persons:
The rent shall not exceed that in effect on April 15, 1979. The level of housing services provided to the rental unit on that date shall not be reduced during the moratorium period.
(2) For a rental unit which was not rented as of April 15, 1979, but which was rented on or after April 16, 1979:
The rent shall not exceed that received for said rental unit when last occupied. The level of housing services provided to the rental unit or the re-rental date shall not be reduced during the moratorium period.
(3) For a rental unit vacated on or after April 16, 1979, and prior to the end of the moratorium period:
The rent shall not exceed that received for said rental unit when last occupied. The level of housing services provided to the rental unit when last occupied shall not be reduced during the moratorium period.
(c) Any increase above the maximum rent for a rental unit collected for the period of April 16, 1979 through June 14, 1979 shall be refunded by the landlord to the tenant(s). Said refund shall be made within 10 days of the effective date of this ordinance.
(Added by Ord. 181-79, App. 4/24/79)
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