Skip to code content (skip section selection)
Compare to:
San Francisco Overview
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Charter
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 36D: GUN VIOLENCE RESTRAINING ORDERS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 49:
PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
 
Policy.
Findings.
Definitions.
Procedures for Use of Criminal History Information in Employment Decisions.
Notice and Posting Requirements for Employers.
Procedures for Use of Criminal History Information in Housing Decisions.
Notice and Posting Requirements for Housing Providers.
Exercise of Rights Protected; Retaliation Prohibited.
Implementation and Enforcement of Employment Provisions.
Employer Records.
Implementation and Enforcement of Housing Provisions.
Housing Provider Records.
Rulemaking.
Outreach.
Other Legal Requirements.
Preemption.
City Undertaking Limited to Promotion of General Welfare.
Severability.
Operative Date.
Conflict with Other City Laws.
 
Editor's Notes:
   See also Administrative Code Ch. 12T, "City Contractor/Subcontractor Consideration of Criminal History in Hiring and Employment Decisions."
   Ordinance 176-13 enacted former Art.49, "Aerial Signs." That article expired pursuant to the terms of its sunset clause (former Sec. 4905) on September 30, 2013.
   Ordinance 234-06 repealed former Art. 49, which had pertained to parking station revenue control equipment, in its entirety.
SEC. 4900. 
(Former Sec. 4900 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
SEC. 4901.  POLICY.
   It is the policy of the City and County of San Francisco to enhance public health and safety by reducing recidivism and its associated criminal justice costs and societal costs, and facilitating the successful reintegration into society of persons with arrest and conviction records. This Article is enacted for the purpose of furthering this policy.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4901 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
(Former Sec. 4901 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4902.  FINDINGS.
   After public hearings and consideration of testimony and documentary evidence, the Board of Supervisors finds and declares that the health, safety, and well-being of San Francisco's communities depend on increasing access to employment and housing opportunities for people with arrest or conviction records in order for them to effectively reintegrate into the community and provide for their families and themselves. Barriers to these opportunities for people with arrest or conviction records increase recidivism and thereby jeopardize the safety of the public, disrupt the financial and overall stability of affected families and of our communities, and impede the City's achieving its maximum potential of economic growth. Further, establishing procedures for the lawful use of criminal history information in employment and housing decisions can assist employers and housing providers by preventing the automatic exclusion of individuals who may be qualified, and in some cases well-qualified, employees or tenants.
   In San Francisco, as across the country, individuals are often plagued by old or minor arrest or conviction records that discourage them from applying for jobs or housing because a "box" on the application requires disclosure of criminal history information that likely will automatically exclude them from consideration. Precise statistics in this area are difficult to come by, but by any measure the problem is major, affecting a large number of individuals and families. By one measure, some sixty-five million Americans have a criminal record that may show up on a routine background check report. In California, it has been estimated that almost one in four adults have arrest or conviction records. Many thousands of people in our local community are directly impacted by barriers to reintegration based on these records.
   In today's digital age, there has been widespread proliferation in the use of criminal background checks, with hundreds of companies offering over the internet low-cost criminal background checks. Surveys have shown that as many as ninety percent of employers and eighty percent of private housing providers conduct background checks. And the information that such background checks may yield can have a devastating impact on the employment and housing opportunities of persons with a criminal history, with damaging spillover effects on families and communities. One study found that two-thirds of employers surveyed in five major U.S. cities would not knowingly hire a person with a criminal record, regardless of the offense. Another study found that a criminal record reduces the likelihood of a job callback or offer by nearly fifty percent. Among those seeking assistance from the San Francisco Public Defender's Clean Slate program, a pool of individuals with a criminal record, only about one-third are employed, and the majority of those employed earn an annual income of $3,000 or less.
   The problems presented by employers and housing providers who use a person's criminal history to deny that person employment or housing opportunities are growing rather than diminishing. In response to this challenge, more than fifty cities and counties in the United States have adopted policies that to one degree or another regulate the inquiry into an individual's criminal history, at least as to individuals employed by those localities. Eleven of those localities apply their policies to those who contract with them. The cities of Philadelphia, Newark, Seattle, and Buffalo have applied their policies to all private employers within their boundaries. At the state level, ten states have adopted policies to address this challenge and four states – Hawaii, Massachusetts, Minnesota and Rhode Island – have applied their policies to private employers. The economic rationale often cited for these reforms is to maximize the pool of talented, qualified workers for employers and to fully utilize the productive capacity of people with prior arrests or convictions, for the improvement of the economy.
   Regulating inquiries into an individual's criminal history is gaining traction as one facet of the nationwide effort to reduce the recidivism that leads to serial incarceration. A major rationale for this movement is the growing awareness that incarceration has devastating socioeconomic consequences. Researchers have found that more incarceration has the perverse effect of increasing the crime rate in some communities. Children suffer academically and socially, and have decreased economic mobility, after the incarceration of a parent. Incarceration is also linked to homelessness, impacting public health and safety. Twenty-six percent of homeless people surveyed in San Francisco had been incarcerated within the previous twelve months, and an estimated thirty to fifty percent of parolees in San Francisco are homeless.
   On October 1, 2011, San Francisco and the rest of California implemented AB 109, a "Realignment" of California's criminal justice system, which seeks to produce budgetary savings by reducing recidivism and promoting rehabilitation. As stated by Governor Edmund G. Brown, Jr. in signing AB 109, cycling people through the revolving door of "state prisons wastes money, aggravates crowded conditions, thwarts rehabilitation, and impedes local law enforcement supervision." Added by AB 109, Section 3451 of the California Penal Code states that counties must focus on alternatives to incarceration that have a proven track record of reducing recidivism. Moreover, Section 17.5 of the Penal Code states that criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety. Removing unnecessary obstacles to employment and housing that impede reintegration and rehabilitation supports the goals for "Realignment."
   Lack of employment and housing are significant causes of recidivism; people who are employed and have stable housing are significantly less likely to be re-arrested. For example, one study of 1,600 individuals recently released from prison in Illinois found that only eight percent of those who were employed for a year committed another crime, compared to the state's average recidivism rate of fifty-four percent. In another study, researchers found that from 1992 to 1997, the slightly more than forty percent of the decline in the overall property crime rate could be attributed to the thirty-three percent decline in the unemployment rate during the same period. Still another study in New York reported that a person without stable housing was seven times more likely to re-offend after returning from prison. There is little doubt that a policy designed to improve the employment and housing prospects of persons with arrest or conviction history will enhance their prospects for becoming productive members of the community, and thereby benefitting all of us.
   Policies that encourage reintegration and reduce recidivism can also help reduce criminal justice costs. The Legislative Analyst Office estimated that in 2005-2006, counties in California spent on average about $28,000 per year to incarcerate an adult in jail and about $1,250 per year to supervise an adult on probation in the community. One study estimated that in terms of court, prosecution, and law enforcement costs, the County spends an average of $16,379 to process a person who has committed a drug offense through the criminal justice system. When a person successfully reintegrates and does not return to the criminal justice system, these costs are avoided, allowing scarce public dollars to be reinvested in programs that make our communities stronger and safer.
   Not only is it a matter of public safety to ensure that workers have job and housing opportunities, but it is also critical for a stable economy. Economists at the Center for Economic and Policy Research used Bureau of Justice Statistics data to estimate that in 2008, the United States had between 12 and 14 million formerly incarcerated people and people with felonies of working age. Citing this population's greatly reduced job prospects, the researchers estimated that the total male employment that year was reduced by 1.5 to 1.7 percentage points and that the cost to the U.S. economy was between $57 and $65 billion in lost output.
   The expansion of the criminal justice system and all of its attendant consequences described herein, coupled with the growth of the for-profit criminal background check industry, has created a need for local regulations on the use of arrest and conviction records. On March 29, 2011, the Reentry Council of the City & County of San Francisco, chaired by the Chief Adult Probation Officer, and comprised of that official and the District Attorney, Mayor, Public Defender, and Sheriff urged the enactment of an ordinance to reduce unnecessary barriers to housing and employment for individuals based on arrest or conviction records. This Article is an important part of implementing that general recommendation.
   But there are some senses in which this Article is of limited scope. This Article does not intend, and shall not be construed, to require an employer to give preference to anyone or to hire an unqualified person with an arrest or conviction record. Nor does it require a housing provider to give preference to anyone or to rent to an unqualified tenant with an arrest or conviction record. Moreover, this Article shall not be construed to limit an employer or a housing provider's ability to choose the most qualified and appropriate candidate from applicants for employment or housing.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4902 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
(Former Sec. 4902 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4903.  DEFINITIONS.
   For the purposes of this Article 49, the following words and phrases shall mean and include:
   "Adverse Action" in the context of employment shall mean to fail or refuse to hire, to discharge, or to not promote any individual; or to limit, segregate or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his/her status as an employee. The "Adverse Action" must relate to employment in whole or substantial part in the City. "Adverse Action" in the context of housing shall mean to evict from, fail or refuse to rent or lease real property to an individual, or fail or refuse to continue to rent or lease real property to an individual, or fail or refuse to add a household member to an existing lease, or to reduce any tenant subsidy. The "Adverse Action" must relate to real property in the City.
   "Affordable Housing" means any residential building in the City that has received funding from the City, connected in whole or in part to restricting rents, the funding being provided either directly or indirectly through funding to another entity that owns, master leases, or develops the building. Affordable Housing also includes "affordable units" in the City as that term is defined in Article 4 of the Planning Code. Projects that are financed using City-issued tax exempt bonds but that receive no other funding from the City or are not otherwise restricted by the City shall not constitute Affordable Housing.
   "Arrest" shall mean a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned apprehended taken into custody or detained, or held for investigation, by a law enforcement, police, or prosecutorial agency and/or charged with, indicted, or tried and acquitted for any felony, misdemeanor or other criminal offense. "Arrest" is a term that is separate and distinct from, and that does not include, "Unresolved Arrest."
   "Background Check Report" shall mean any criminal history report, including but not limited to those produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement or police agencies, or courts, or by any consumer reporting agency or business, employment screening agency or business, or tenant screening agency or business.
   "City" shall mean the City and County of San Francisco.
   "Conviction" shall mean a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor; provided that the conviction is one for which the person has been placed on probation, fined, imprisoned, or paroled. Those matters identified in Section 4904(a) and/or Section 4906(a) about which an Employer and/or Housing Provider may not inquire and as to which they may not base an Adverse Action, are not considered "Convictions."
   "Conviction History" shall mean information regarding one or more Convictions or Unresolved Arrests, transmitted orally or in writing or by any other means, and obtained from any source, including but not limited to the individual to whom the information pertains and a Background Check Report.
   "Directly-Related Conviction" in the employment context shall mean that the conduct for which a person was convicted or that is the subject of an Unresolved Arrest has a direct and specific negative bearing on that person's ability to perform the duties or responsibilities necessarily related to the employment position. In determining whether the conviction or Unresolved Arrest is directly related to the employment position, the Employer shall consider whether the employment position offers the opportunity for the same or a similar offense to occur and whether circumstances leading to the conduct for which the person was convicted or that is the subject of an Unresolved Arrest will recur in the employment position. "Directly-Related Conviction" in the housing context shall mean that the conduct for which a person was convicted or that is the subject of an Unresolved Arrest has a direct and specific negative bearing on the safety of persons or property, given the nature of the housing. In determining whether the conviction or Unresolved Arrest is directly related to the housing, the Housing Provider shall consider whether the housing offers the opportunity for the same or a similar offense to occur and whether circumstances leading to the conduct for which the person was convicted will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence of such conduct are available on-site. Those matters identified in Sections 4904(a) and/or Sections 4906(a) about which an Employer and/or Housing Provider may not inquire and as to which they may not base an Adverse Action may not qualify as "Directly-Related Convictions."
   “Employer” shall mean any individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization however organized, that is located or doing business in the City, and that employs five or more persons regardless of location, including the owner or owners and management and supervisorial employees. “Employer” includes job placement and referral agencies and other employment agencies. “Employer” does not include the City and County of San Francisco, any other local governmental unit, or any unit of the state government or the federal government.
   “Employment” shall mean any occupation, vocation, job, or work, including but not limited to temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay. The physical location of the employment or prospective employment of an individual as to whom Section 4904 applies must be at least eight hours per week within the City.
   "Evidence of Rehabilitation or Other Mitigating Factors" may include but is not limited to a person's satisfactory compliance with all terms and conditions of parole and/or probation (however, inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole and/or probation); employer recommendations, especially concerning a person's post-conviction employment; educational attainment or vocational or professional training since the conviction, including training received while incarcerated; completion of or active participation in rehabilitative treatment (e.g., alcohol or drug treatment); letters of recommendation from community organizations, counselors or case managers, teachers, community leaders, or parole/probation officers who have observed the person since his or her conviction; and age of the person at the time of the conviction. Examples of mitigating factors that are offered voluntarily by the person may include but are not limited to explanation of the precedent coercive conditions, intimate physical or emotional abuse, or untreated substance abuse or mental illness that contributed to the conviction.
   "Housing Provider" shall mean an entity that owns, master leases, or develops Affordable Housing in the City. "Housing Provider" also includes owners and developers of below market rate housing in the City or "affordable units," as that term is defined in Article 4 of the Planning Code, in the City. Any agent, such as a property management company, that makes tenancy decisions on behalf of the above described entities shall also be considered a Housing Provider.
   "HRC" shall mean the Human Rights Commission or any successor department or office. The "Director" of HRC shall mean the department head of the HRC.
   "Inquire" shall mean any direct or indirect conduct intended to gather information from or about an applicant, candidate, potential applicant or candidate, or employee, using any mode of communication, including but not limited to application forms, interviews, and Background Check Reports.
   "OLSE" shall mean the Office of Labor Standards Enforcement or any successor department or office. The "Director" of OLSE shall mean the head of the OLSE.
   "Person" shall mean any individual, person, firm, corporation, business or other organization or group of persons however organized.
   "Unresolved Arrest" shall mean an Arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An Arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged by the district attorney or the court.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
(Former Sec. 4903 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
(Former Sec. 4903 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4904.  PROCEDURES FOR USE OF CRIMINAL HISTORY INFORMATION IN EMPLOYMENT DECISIONS.
   (a)   Regarding applicants or potential applicants for employment, or employees, an Employer shall not, at any time or by any means, inquire about, require disclosure of, or if such information is received base an Adverse Action in whole or in part on:
      (1)   An Arrest not leading to a Conviction, excepting under circumstances identified in this Section an Unresolved Arrest;
      (2)   Participation in or completion of a diversion or a deferral of judgment program;
      (3)   A Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code Sections 1203.4, 1203.4a, or 1203.41;
      (4)   A Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system;
      (5)   A Conviction that is more than seven years old, the date of Conviction being the date of sentencing, except that this restriction and any limitations imposed in this Article 49 based on the limitation in this subsection (a)(5) shall not apply where the applicant or employee is or will be (A) providing services to or have supervisory or disciplinary authority over a minor, (B) providing services to or have supervisory or disciplinary authority over a “dependent adult,” as that phrase is defined in California Welfare and Institutions Code Section 15610.23 or any successor state law, or (C) providing support services or care to or has supervisory authority over a person 65 years or older;
      (6)   Information pertaining to an offense other than a felony or misdemeanor, such as an infraction, except that an Employer may inquire about, require disclosure of, base an Adverse Action on, or otherwise consider an infraction or infractions contained in an applicant or employee’s driving record if driving is more than a de minimis element of the employment in question; or
      (7)   A Conviction that arises out of conduct that has been decriminalized since the date of the Conviction, the date of the Conviction being the date of sentencing. Examples of statutes that have decriminalized particular conduct include but are not limited to California Health and Safety Code Sections 11362.1 and 11362.2.
      Accordingly, the matters identified in this subsection (a) may not be considered in any manner by the Employer.
   (b)   The Employer shall not require applicants or potential applicants for employment or employees to disclose on any employment application the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7). Nor shall the Employer inquire on any employment application about the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7). An Employer may ask on an employment application for an applicant, potential applicant, or employee’s written consent for a Background Check so long as the application includes a clear and conspicuous statement that the Employer will not itself conduct or obtain from a third party the Background Check until after a conditional offer of employment in accordance with subsection (c) of this Section 4904.
   (c)   The Employer shall not require applicants or potential applicants for employment, or employees, to disclose, and shall not inquire into or discuss, their Conviction History or an Unresolved Arrest until after a conditional offer of employment. The Employer may not itself conduct or obtain from a third party a Background Check until after a conditional offer of employment.
   (d)   Prior to any Conviction History inquiry, the Employer shall provide a copy of the notice described in Section 4905(b) to the applicant or employee.
   (e)   Prior to obtaining a copy of a Background Check Report, the Employer shall comply with all state and federal requirements including but not limited to those in the California Investigative Consumer Reporting Agencies Act (ICRAA), California Civil Code sections 1786 et seq., and the Federal Consumer Reporting Act (FCRA), 15 United States Code sections 1681 et seq., to provide notice to the applicant or employee that such a report is being sought.
   (f)   In making an employment decision based on an applicant's or employee's Conviction History, an Employer shall conduct an individualized assessment, considering only Directly-Related Convictions, the time that has elapsed since the Conviction or Unresolved Arrest, and any evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors.
   (g)   If an Employer intends to base an Adverse Action on an item or items in the applicant or employee's Conviction History, prior to taking any Adverse Action the Employer shall provide the applicant or employee with a copy of the Background Check Report, if any, and shall notify the applicant or employee of the prospective Adverse Action and the items forming the basis for the prospective Adverse Action.
   (h)   If, within seven days of the date that the notice described in subsection (g) is provided by the Employer to the applicant or employee, the applicant or employee gives the Employer notice, orally or in writing, of evidence of the inaccuracy of the item or items of Conviction History or any Evidence of Rehabilitation or Other Mitigating Factors, the Employer shall delay any Adverse Action for a reasonable period after receipt of the information and during that time shall reconsider the prospective Adverse Action in light of the information.
   (i)   Upon taking any final Adverse Action based upon the Conviction History of an applicant or employee, an Employer shall notify the applicant or employee of the final Adverse Action.
   (j)   It shall be unlawful for any Employer to engage in any communication that is intended and reasonably likely to reach persons who are reasonably likely to seek employment in the City, and that expresses, directly or indirectly, that any person with an Arrest or Conviction will not be considered for employment or may not apply for employment. For purposes of this subsection (j), engaging in a communication includes but is not limited to making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
   (k)   Nothing in this Section 4904 shall be construed to prohibit an Employer from observing the conditions of a seniority system or an employee benefit plan, provided such systems or plans are not a subterfuge to evade the purposes or requirements of this Article.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
(Former Sec. 4904 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
(Former Sec. 4904 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4905.  NOTICE AND POSTING REQUIREMENTS FOR EMPLOYERS.
   (a)   The Employer shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment in the City, that the Employer will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of this Article 49.
   (b)   The OLSE shall, by the operative date of this Article 49, publish and make available to Employers, in English, Spanish, Chinese, and all languages spoken by more than 5% of the San Francisco workforce, a notice suitable for posting by Employers in the workplace informing applicants and employees of their rights under this Article 49. The OLSE shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco workforce.
   (c)   Employers shall post the notice described in subsection (b) in a conspicuous place at every workplace, job site, or other location in San Fran- cisco under the Employer’s control frequently visited by their employees or applicants, and shall send a copy of this notice to each labor union or representative of workers with which they have a collective bargaining agreement or other agree- ment or understanding, that is applicable to em- ployees in San Francisco. The notice shall be posted in English, Spanish, Chinese, and any lan- guage spoken by at least 5% of the employees at the workplace, job site, or other location at which it is posted.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 187-19, File No. 190479, App. 8/9/2019, Eff. 9/9/2019, Oper. 9/9/2019)
(Former Sec. 4905 added by Ord. 176-13, File No. 130661, App. 7/31/2013, Eff. 8/30/2013; expired 9/30/2013)
(Former Sec. 4905 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4906.  PROCEDURES FOR USE OF CRIMINAL HISTORY INFORMATION IN HOUSING DECISIONS.
   (a)   Regarding applicants or potential applicants for Affordable Housing, and their household members, a Housing Provider shall not, at any time or by any means, inquire about, require disclosure of, or if such information is received base an Adverse Action in whole or in part on:
      (1)   An Arrest not leading to a Conviction, excepting under circumstances identified in this Section an Unresolved Arrest;
      (2)   Participation in or completion of a diversion or a deferral of judgment program;
      (3)   A Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code sections 1203.4, 1203.4a, or 1203.41;
      (4)   A Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system;
      (5)   A Conviction that is more than seven years old, the date of Conviction being the date of sentencing;
      (6)   Information pertaining to an offense other than a felony or misdemeanor, such as an infraction1
      (7)   A Conviction that arises out of conduct that has been decriminalized since the date of the Conviction, the date of the Conviction being the date of sentencing. Examples of statutes that have decriminalized particular conduct include but are not limited to California Health and Safety Code Sections 11362.1 and 11362.2.
      Accordingly, the matters identified in this subsection (a) may not be considered in any manner by the Housing Provider.
   (b)   The Housing Provider shall not require applicants for Affordable Housing to disclose on any housing application the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7). Nor shall the Housing Provider inquire on any housing application about the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7).
   (c)   The Housing Provider shall not require applicants for Affordable Housing to disclose, and shall not inquire into, Conviction History until the Housing Provider has first determined:
      (1)   that the applicant is legally eligible to rent the housing unit; and
      (2)   that the applicant is qualified to rent the housing unit under the Housing Provider's criteria for assessing rental history and credit history; provided, however, that this subsection (c)(2) shall apply only if the Housing Provider uses rental history and credit history information in determining qualifications of applicants for housing; and provided further, that this subsection (c)(2) shall not preclude a Housing Provider from obtaining a Background Check Report at the same time as the Housing Provider obtains the rental history report and credit history report for an applicant, so long as the Housing Provider reviews the Background Check Report only after determining based on rental history and credit history that the applicant is qualified to rent the housing unit.
   (d)   Prior to any Conviction History inquiry, the Housing Provider shall provide a copy of the notice described in Sections 4907(b) and (c) to the applicant.
   (e)   Prior to obtaining a copy of a Background Check Report, the Housing Provider shall comply with all state and federal requirements including but not limited to those in the California Investigative Consumer Reporting Agencies Act (ICRAA). California Civil Code sections 1786 et seq., and the Federal Consumer Reporting Act (FCRA), 15 United States Code sections 1681 et seq., to provide notice to the applicant that such a report is being sought.
   (f)   In making a decision related to Affordable Housing based on Conviction History, a Housing Provider shall conduct an individualized assessment, considering only Directly-Related Convictions, the time that has elapsed since the Conviction or Unresolved Arrest, and any evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors.
   (g)   If a Housing Provider intends to base an Adverse Action related to Affordable Housing on an item or items in the applicant's Conviction History, prior to taking any Adverse Action the Housing Provider shall provide the applicant with a copy of the Background Check Report, and shall notify the applicant of the prospective Adverse Action and the items forming the basis for the prospective Adverse Action.
   (h)   If, within 14 days of the date that the notice described in subsection (g) is provided by the Housing Provider to the applicant, the applicant gives the Housing Provider notice, orally or in writing, of evidence of the inaccuracy of the item or items of Conviction History and/or Evidence of Rehabilitation or Other Mitigating Factors, the Housing Provider shall delay any Adverse Action for a reasonable period after receipt of the information and during that time shall reconsider the prospective Adverse Action in light of the information.
   (i)   Upon taking any final Adverse Action based upon the Conviction History of an applicant, the Housing Provider shall notify the applicant of the final Adverse Action.
   (j)   It shall be unlawful for any Housing Provider to engage in any communication related to Affordable Housing that expresses, directly or indirectly, that any person with an arrest or conviction record will not be considered for the rental or lease of real property or may not apply for the rental or lease of real property, except as required by local, state, or federal law. For purposes of this subsection (j), engaging in a communication includes but is not limited to making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
(Former Sec. 4906 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
CODIFICATION NOTE
1.   So in Ord. 54-18.
SEC. 4907.  NOTICE AND POSTING REQUIREMENTS FOR HOUSING PROVIDERS.
   (a)   The Housing Provider shall state in all solicitations or advertisements for the rental or lease of Affordable Housing placed by the Housing Provider or on behalf of the Housing Provider, that the Housing Provider will consider for tenancy qualified applicants with criminal histories in a manner consistent with the requirements of this Article.
   (b)   The HRC shall, by the operative date of this Article, publish and make available to Housing Providers, in English, Spanish, and Chinese, and all languages spoken by more than 5% of the San Francisco population, a notice suitable for posting that informs applicants for Affordable Housing of their rights under this Article. The HRC shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco population.
   (c)   Housing Providers shall post the notice prominently on their website and at any location under their control that is frequently visited by applicants or potential applicants for the rental or lease of Affordable Housing in San Francisco. At a minimum the notice described above shall contain the following information:
      (1)   A description of those matters identified in Section 4906(a) that may not be considered by the Housing Provider under any circumstances;
      (2)   A description of the restrictions and requirements that Section 4906 imposes on Housing Providers when inquiring about Conviction History in connection with an application for the rental or lease of Affordable Housing in San Francisco;
      (3)   The definition of Evidence of Rehabilitation and Other Mitigating Factors provided in Section 4903, and circumstances and timeline under which the applicant or potential applicant has a right to provide such evidence as provided in Section 4906(h); and
      (4)   The HRC telephone number and email address the applicant or potential applicant may use to make a report if he or she believes the Housing Provider has violated any of the provisions of Article 49.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4907 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4908.  EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED.
   (a)   It shall be unlawful for an Employer, Housing Provider, or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article.
   (b)   It shall be unlawful for an Employer to refuse to hire an applicant, or to discharge, threaten to discharge, demote, suspend or otherwise take Adverse Action against an employee in retaliation for exercising rights protected under this Article. Such rights include but are not limited to:
      (1)   the right to file a complaint or inform any person about any Employer's alleged violation of this Article;
      (2)   the right to inform any person about an Employer's alleged violation of this Article;
      (3)   the right to cooperate with the OLSE or other persons in the investigation or prosecution of any alleged violation of this Article;
      (4)   the right to oppose any policy, practice, or act that is unlawful under this Article; or
      (5)   the right to inform any person of his or her rights under this Article.
   (c)   It shall be unlawful for a Housing Provider to interrupt, terminate, or fail or refuse to initiate or conduct a transaction involving the rental or lease of residential real property, including falsely representing that a residential unit is not available for rental or lease, or otherwise take Adverse Action against a person in retaliation for exercising rights protected under this Article. Such rights include but are not limited to:
      (1)   the right to file a complaint or inform any person about any Housing Provider's alleged violation of this Article;
      (2)   the right to inform any person about a Housing Provider's alleged violation of this Article;
      (3)   the right to cooperate with the HRC or other persons in the investigation or prosecution of any alleged violation of this Article;
      (4)   the right to oppose any policy, practice, or act that is unlawful under this Article; or
      (5)   the right to inform any person of his or her rights under this Article.
   (d)   Protections of this Section 4908 shall apply to any person who mistakenly but in good faith alleges violations of this Article.
   (e)   Taking Adverse Action against a person within 90 days of the exercise of one or more of the rights described in this Section 4908 shall create a rebuttable presumption that such Adverse Action was taken in retaliation for the exercise of those rights.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4908 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4909.  IMPLEMENTATION AND ENFORCEMENT OF EMPLOYMENT PROVISIONS.
   (a)   Administrative Enforcement.
      (1)   With regard to the employment provisions of this Article 49, the OLSE is authorized to take appropriate steps to enforce this Article and coordinate enforcement, including the investigation of any possible violations of this Article. Where the OLSE has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation or hearing. The OLSE shall not find a violation based on an Employer’s decision that an applicant or employee’s Conviction History is Directly Related, but otherwise may find a violation of this Article, including if the Employer failed to conduct the individualized assessment as required under Section 4904(f).
      (2)   Where the OLSE determines that a violation has occurred, it may issue a determination and order any appropriate relief, provided however, that for a first violation, or for any violation during the first twelve months following the operative date of this Article, the OLSE must issue warnings and notices to correct, and offer the Employer technical assistance on how to comply with the requirements of this Article. For a second violation, the OLSE may impose an administrative penalty of no more than $50.00 that the Employer must pay to the City for each employee or applicant as to whom the violation occurred or continued. Thereafter, for subsequent violations, the penalty may increase to no more than $100, payable to the City for each employee or applicant whose rights were, or continue to be, violated. Such funds shall be allocated to the OLSE and used to offset the costs of implementing and enforcing this Article.
      (3)   If multiple employees or applicants are impacted by the same procedural violation at the same time (e.g. all applicants for a certain job opening are asked for their Conviction History on the initial application), the violation shall be treated as a single violation rather than multiple violations.
      (4)   Where prompt compliance is not forthcoming, the OLSE may refer the action to the City Attorney to consider initiating a civil action pursuant to Subsection (b).
      (5)   Subsections (a)(2), (a)(3), and (a)(4) apply to violations occurring prior to the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Section 4909. Subsections (a)(6) and (a)(7) apply to violations occurring on or after the effective date of that ordinance.
      (6)   Where the OLSE determines that a violation has occurred, it may issue a determination and order any appropriate relief. If multiple employees or applicants are impacted by the same procedural violation at the same time (e.g., all applicants for a certain job opening are asked for their Conviction History on the initial application), the violation shall be treated as one violation for each impacted employee or applicant.
      (7)   For a first violation on or after the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Section 4909, the OLSE may impose an administrative penalty of no more than $500 for each employee or applicant as to whom the violation occurred or continued. For a second violation on or after the effective date of that ordinance, the OLSE may impose an administrative penalty of no more than $1,000 for each employee or applicant as to whom the violation occurred or continued. Thereafter, for subsequent violations on or after the effective date of that ordinance, the OLSE may impose an administrative penalty of no more than $2,000 for each employee or applicant whose rights were, or continue to be, violated. The administrative penalties for each violation on or after the effective date of that ordinance shall be paid to the employee or applicant as to whom the violation occurred or continued. Notwithstanding the previous sentences in this subsection (a)(7), if multiple employees or applicants are impacted by the same procedural violation at the same time (e.g., all applicants for a certain job opening are asked for their Conviction History on the initial application), the Employer shall be assessed the same administrative penalty for each of the employees or applicants affected by that procedural violation.
      (8)   An employee, applicant or other person may report to the OLSE any suspected violation of this Article 49 within 60 days of the date the suspected violation occurred. The OLSE shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee, applicant or person reporting the violation; provided, however, that with the authorization of such person, the OLSE may disclose his or her name and identifying information as necessary to enforce this Article or for other appropriate purposes.
      (9)   The Director of the OLSE shall establish rules governing the administrative process for determining and appealing violations of this Article 49. The Rules shall include procedures for:
         (A)   providing the Employer with notice that it may have violated this Article;
         (B)   providing the Employer with a right to respond to the notice;
         (C)   providing the Employer with notice of the OLSE’s determination of a violation;
         (D)   providing the Employer with an opportunity to appeal the OLSE’s determination to a hearing officer, who is appointed by the City Controller or his or her designee.
      (10)   If there is no appeal of the OLSE’s determination of a violation, that determination shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought by the Employer against the City regarding the OLSE’s determination of a violation.
      (11)   If there is an appeal of the OLSE’s determination of a violation, the hearing before the hearing officer shall be conducted in a manner that satisfies the requirements of due process. In any such hearing, the OLSE’s determination of a violation shall be considered prima facie evidence of a violation, and the Employer shall have the burden of proving, by a preponderance of the evidence, that the OLSE’s determination of a violation is incorrect. The hearing officer’s decision of the appeal shall constitute the City’s final decision. The sole means of review of the City’s final decision, rendered by the hearing officer, shall be by filing in the San Francisco Superior Court a petition for writ of mandate under Section 1094.5 of the California Code of Civil Procedure. The OLSE shall notify the Employer of this right of review after issuance of the City’s final decision by the hearing officer.
   (b)   Civil Enforcement. The City or any employee or applicant whose rights under this Article 49 have been violated may bring a civil action in a court of competent jurisdiction against the Employer or other person violating this Article, and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, but not limited to: reinstatement; back pay; the payment of benefits or pay unlawfully withheld; the payment of an additional sum as liquidated damages in the amount of $500 to each employee, applicant or other person whose rights under this Article were violated for each day such violation continued or was permitted to continue; appropriate injunctive relief; and, further shall be awarded reasonable attorney’s fees and costs. An employee or applicant may institute a civil action under this subsection (b) only if:
      (1)   The employee or applicant has filed a complaint with the Director of the OLSE;
      (2)   90 days have passed since the filing of the complaint;
      (3)   After such 90-day period has passed, the employee or applicant provides 30-day written notice to the Director of the OLSE and the City Attorney’s Office of his or her intent to initiate civil proceedings; and
      (4)   The City Attorney’s Office has not provided notice to the employee or applicant of the City’s intent to initiate civil proceedings by the end of the 30-day period.
   (c)   Interest. In any administrative or civil action brought under this Article, the OLSE or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code.
   (d)   Remedies Cumulative. The remedies, penalties, and procedures provided under this Article are cumulative.
   (e)   Limitation on Actions. Civil Actions to enforce the employment provisions of this Article must be filed within one year after the date of the violation. This limitations period shall not commence until the date the violation was discovered or could reasonably have been discovered.
   (f)   Tracking of Complaints. OLSE shall maintain a record of the number and types of complaints it receives alleging violations of this Article, and the resolution of those complaints. OLSE shall report this information to the Board of Supervisors within six months of the operative date of the ordinance in Board of Supervisors File No. 171106 and then annually thereafter.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
SEC. 4910.  EMPLOYER RECORDS.
   (a)   An Employer shall retain records of employment, application forms, and other pertinent data and records required under this Article, for a period of three years, and shall allow the OLSE access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article.
   (b)   An Employer shall provide information to the OLSE, or the OLSE's designee, on an annual basis as may be required to verify the Employer's compliance with this Article.
   (c)   In no event shall the OLSE require an Employer to provide any information or documents the disclosure of which would violate state or federal law.
   (d)   Where an Employer does not maintain or retain adequate records documenting compliance with this Article or does not allow the OLSE reasonable access to such records, it shall be presumed that the Employer did not comply with this Article, absent clear and convincing evidence otherwise. The Office of Treasurer and Tax Collector shall have the authority to provide any and all nonfinancial information to OLSE necessary to fulfill OLSE's responsibilities as the enforcing agency under this Article. With regard to all such information provided by the Office of Treasurer and Tax Collector, OLSE shall be subject to the confidentiality provisions of Subsection (a) of Section 6.22-1 of the San Francisco Business and Tax Regulations Code.
   (e)   Pursuant to its rulemaking authority under this Article, the OLSE shall adopt rules that establish procedures for Employers to maintain and retain accurate records and to provide annual reporting of compliance to OLSE in a manner that does not require disclosure of any information that would violate State or Federal privacy laws.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4910 added by Ord. 61-01, File No. 002197, App. 4/20/2001; amended by Ord. 197-03, File No. 030633, App. 8/1/2003; Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4911.  IMPLEMENTATION AND ENFORCEMENT OF HOUSING PROVISIONS.
   (a)   Administrative Enforcement.
      (1)   With regard to the housing provisions of this Article 49, the HRC, in consultation with the Mayor’s Office of Housing and Community Development, is authorized to take appropriate steps to enforce this Article and coordinate enforcement, including the investigation of any possible violations of this Article 49. The HRC shall not find a violation based on a Housing Provider’s decision that an applicant’s Conviction History is Directly Related, but otherwise may find a violation of this Article, including if the Housing Provider failed to conduct the individualized assessment as required under Section 4906(f).
      (2)   Where the Director of HRC determines that a violation has occurred, he or she may issue a determination and order any appropriate relief; provided, however, that for a first violation, or for any violation during the first twelve months following the operative date of this Article 49 , the Director must issue warnings and notices to correct, and offer the Housing Provider technical assistance on how to comply with the requirements of this Article 49 . For a second violation, the Director may impose an administrative penalty of no more than $50.00 that the Housing Provider must pay for each applicant as to whom the violation occurred or continued. Thereafter, for subsequent violations, the penalty may increase to no more than $100, payable to the City for each applicant whose rights were, or continue to be, violated. Such funds shall be allocated to the HRC and used to offset the costs of implementing and enforcing this Article.
      (3)   If multiple applicants are impacted by the same procedural violation at the same time (e.g. all applicants for a certain housing unit are asked for their Conviction History on the initial application), the violation shall be treated as a single violation rather than multiple violations.
      (4)   Subsections (a)(2) and (a)(3) apply to violations occurring prior to the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Section 4911. Subsections (a)(5) and (a)(6) apply to violations occurring on or after the effective date of that ordinance.
      (5)   Where the Director of HRC determines that a violation has occurred, he or she may issue a determination and order any appropriate relief. If multiple applicants are impacted by the same procedural violation at the same time (e.g., all applicants for a certain housing unit are asked for their Conviction History on the initial application), the violation shall be treated as one violation for each impacted applicant.
      (6)   For a first violation on or after the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Section 4909, the Director of HRC may impose an administrative penalty of no more than $500 for each applicant as to whom the violation occurred or continued. For a second violation on or after the effective date of that ordinance, the Director of HRC may impose an administrative penalty of no more than $1,000 for each applicant as to whom the violation occurred or continued. Thereafter, for subsequent violations on or after the effective date of that ordinance, the Director of HRC may impose an administrative penalty of no more than $2,000 for each applicant whose rights were, or continue to be, violated. The administrative penalties for each violation on or after the effective date of that ordinance shall be paid to the applicant as to whom the violation occurred or continued. Notwithstanding the previous sentences in this subsection (a)(6), if multiple applicants are impacted by the same procedural violation at the same time (e.g., all applicants for a certain housing unit are asked for their Conviction History on the initial application), the Housing Provider shall be assessed the same administrative penalty for each of the applicants affected by that procedural violation.
      (7)   An applicant or other person may report to the HRC any suspected violation of this Article 49 within 60 days of the date the suspected violation occurred. The HRC shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee, applicant or person reporting the violation; provided, however, that with the authorization of such person, the HRC may disclose his or her name and identifying information as necessary to enforce this Article 49 or for other appropriate purposes.
      (8)   The Director of the HRC, in consultation with the Mayor’s Office of Housing and Community Development, shall establish rules governing the administrative process for determining and appealing violations of this Article 49. The Rules shall include procedures for:
         (A)   providing the Housing Provider with notice that it may have violated this Article 49;
         (B)   providing the Housing Provider with a right to respond to the notice;
         (C)   providing the Housing Provider with notice of the Director’s determination of a violation;
         (D)   providing the Housing Provider with an opportunity to appeal the Director’s determination to the HRC.
      (9)   If there is no appeal of the Director’s determination of a violation, that determination shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought by the Housing Provider against the City regarding the Director’s determination of a violation.
      (10)   If there is an appeal of the Director’s determination of a violation, the City Controller or his or her designee shall appoint a person, other than a member of the Commission, to serve as a hearing officer. The hearing before the hearing officer shall be conducted in a manner that satisfies the requirements of due process. In any such hearing, the Director’s determination of a violation shall be considered prima facie evidence of a violation, and the Housing Provider shall have the burden of proving, by a preponderance of the evidence, that the Director’s determination of a violation is incorrect.
      (11)   If the hearing officer finds that the Housing Provider has engaged in conduct in violation of this Article 49, the hearing officer shall issue an order requiring the Housing Provider to cease and desist from the practice and to offer the housing accommodation to the applicant or applicants under the terms for which the unit was offered to the public. The Housing Provider shall not be required to offer the housing accommodation if the unit has already been rented or leased to a tenant, but the Housing Provider shall be required to offer a comparable unit, if available, to the applicant or applicants.
      (12)   The decision of the hearing officer shall be final unless the Commission vacates his or her decision on appeal.
      (13)   Either party may file an appeal of the hearing officer’s decision with the Commission. Such an appeal to the Commission from the determination of the hearing officer must be made within 15 days of the mailing of the decision and findings of fact. The appeal shall be in writing and must state the grounds for appellant’s claim that there was either error or abuse of discretion on the part of the hearing officer. Each appeal shall be accompanied by a $15 filing fee; provided, however, the fee shall be waived for an individual who files an affidavit under penalty of perjury stating that he or she is an indigent person who does not have and cannot obtain the money to pay the filing fee without using money needed for the necessities of life. The filing of an appeal will not stay the effect of the hearing officer’s decision.
      (14)   Upon receipt of an appeal, the entire administrative record of the matter, including the appeal, shall be filed with the Commission.
      (15)   The Commission may in its discretion determine to hear an appeal. In deciding whether to hear an appeal, the Commission shall consider, among other things, fairness to the parties, hardship to either party and promotion of the policies and purposes of this Article 49. In determining whether to hear an appeal the Commission may also review material from the administrative record of the matter as it deems necessary. A vote of the majority of the Commission shall be required for an appeal to be heard.
      (16)   In those cases where the Commission is able to determine on the basis of the documents before it that the hearing officer has erred, the Commission may without determining whether to hear the appeal remand the case for further hearing in accordance with its instructions without conducting an appeal hearing. Both parties shall be notified as to the time of the re-hearing, which shall be conducted within 30 days of the remand by the Commission. In those cases where the Commission is able to determine on the basis of the documents before it that the hearing officer’s findings contain numerical or clerical inaccuracies, or require clarification, the Commission may continue the hearing for purposes of referring the case back to said hearing officer in order to correct the findings.
      (17)   Appeals accepted by the Commission shall be heard within 45 days of the filing of an appeal. Within 30 days of the filing of an appeal, both parties shall be notified in writing as to whether the appeal has been accepted. If the appeal has been accepted, the notice shall state the time of the hearing and the nature of the hearing. Such notice must be mailed at least 10 days prior to the hearing.
      (18)   At the appeal hearing, the parties shall have an opportunity to present oral and written argument in support of their positions. The Commission may in its discretion allow the parties to present additional evidence that was not considered by the hearing officer. After such hearing and after any further investigation which the Commission may deem necessary, the Commission may, upon hearing the appeal, affirm, reverse or modify the hearing officer’s decision or may remand the case for further hearing in accordance with its findings. The Commission’s decision must be rendered within 45 days of the completion of the hearing and the parties must be notified of such decision.
      (19)   In accordance with the above subsection, the Commission shall give the parties written notice of the decision. The notice shall state that the decision is final.
   (b)   Civil Enforcement. The City or any applicant whose rights under this Article 49 have been violated may bring a civil action in a court of competent jurisdiction against the Housing Provider or other person violating this Article 49, and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, but not limited to: reinstatement; back pay; the payment of benefits or pay unlawfully withheld; the payment of an additional sum as liquidated damages in the amount of $500 to each employee, applicant or other person whose rights under this Article 49 were violated for each day such violation continued or was permitted to continue; appropriate injunctive relief; and, further shall be awarded reasonable attorney’s fees and costs. An applicant may institute a civil action under this subsection (b) only if:
      (1)   The applicant has filed a complaint with the Director of HRC;
      (2)   90 days have passed since the filing of the complaint;
      (3)   After such 90-day period has passed, the applicant provides 30-day written notice to the Director of HRC and the City Attorney’s Office of his or her intent to initiate civil proceedings; and
      (4)   The City Attorney’s Office has not provided notice to the applicant of the City’s intent to initiate civil proceedings by the end of the 30-day period.
   (c)   Interest. In any administrative or civil action brought under this Article, the HRC or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code.
   (d)   Remedies Cumulative. The remedies, penalties, and procedures provided under this Article are cumulative.
   (e)   Limitation on Actions. Civil Actions to enforce the employment provisions of this Article must be filed within one year after the date of the violation. This limitations period shall not commence until the date the violation was discovered or could reasonably have been discovered.
   (f)   Tracking of Complaints. HRC shall maintain a record of the number and types of complaints it receives alleging violations of this Article, and the resolution of those complaints. HRC shall report this information to the Board of Supervisors within six months of the operative date of the ordinance in Board of Supervisors File No. 171170 and then annually thereafter.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
(Former Sec. 4911 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4912.  HOUSING PROVIDER RECORDS.
   (a)   A Housing Provider shall maintain and retain records of tenant application forms, and other pertinent data and records required under this Article, for a period of three years, and shall allow the HRC access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article.
   (b)   A Housing Provider shall provide information to the HRC, or the HRC's designee, on an annual basis as may be required to verify the Housing Provider's compliance with this Article.
   (c)   In no event shall the HRC require a Housing Provider to provide any information or documents the disclosure of which would violate state or federal law.
   (d)   Where a Housing Provider does not maintain or retain adequate records documenting compliance with this Article or does not allow the HRC reasonable access to such records, it shall be presumed that the Housing Provider did not comply with this Article, absent clear and convincing evidence otherwise. The Office of Treasurer and Tax Collector shall have the authority to provide any and all nonfinancial information to the HRC necessary to fulfill the HRC's responsibilities as the enforcing agency under this Article. With regard to all such information provided by the Office of Treasurer and Tax Collector, the HRC shall be subject to the confidentiality provisions of Subsection (a) of Section 6.22-1 of the San Francisco Business and Tax Regulations Code.
   (e)   Pursuant to its rulemaking authority under this Article, the HRC shall adopt rules that establish procedures for Housing Providers to maintain and retain accurate records and to provide annual reporting of compliance to the HRC in a manner that does not require disclosure of any information that would violate State or Federal privacy laws.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4912 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4913.  RULEMAKING.
   (a)   The Director of OLSE shall have authority to adopt regulations and guidelines that implement the employment provisions of this Article or that relate to provisions of this Article of general import or applicability; provided, that the Director of OLSE may adopt regulations or guidelines relating to provisions of general import or applicability only after consultation with the Director of HRC and the Mayor's Office of Housing and Community Development.
   (b)   A designee of the Director of OLSE shall not have the authority under subsection (a) to adopt regulations or guidelines. But, at the discretion of the Director of OLSE, a designee shall have the authority to conduct hearings leading to the adoption of regulations or guidelines, and to consult with the Director of HRC and the Mayor's Office of Housing and Community Development regarding regulations or guidelines relating to provisions of general import or applicability.
   (c)   The HRC, in consultation with the Mayor's Office of Housing and Community Development, shall have authority to adopt regulations and guidelines that implement the housing provisions of this Article. The HRC may delegate this function to the Director of HRC.
   (d)   A designee of the Director of HRC shall not have the authority under subsection (c) to adopt regulations or guidelines. But, at the discretion of the Director of HRC, a designee shall have the authority to conduct hearings leading to the adoption of regulations or guidelines, and to consult with the Director of OLSE and the Mayor's Office of Housing and Community Development regarding regulations or guidelines relating to provisions of general import or applicability.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4913 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4914.  OUTREACH.
   (a)   The OLSE shall establish a community-based outreach program to conduct education and outreach to employees, applicants, and potential applicants for employment regarding rights and procedures under this Article. The program may be targeted at workers or potential workers in industries or communities where, in the judgment of the OLSE, the need for education and outreach is greatest.
   (b)   The HRC, in consultation with the Mayor's Office of Housing and Community Development, shall establish a community-based outreach program to conduct education and outreach to applicants and potential applicants for housing regarding rights and procedures under this Article. The program may be targeted at individuals or communities where, in the judgment of the HRC, the need for education and outreach is greatest.
   (c)   In establishing outreach programs as required by subsections (a) and (b), the OLSE and the HRC may partner with each other and/or with community-based organizations. Nothing in this Section 4914 shall preclude the OLSE or the HRC, by contract or grant, and consistent with other provisions of City law, from engaging the services of such organizations in establishing such community-based outreach programs, participating in such programs, or developing materials for such programs. Nothing in this Section 4914 shall preclude the OLSE or the HRC from combining the outreach programs required by subsections (a) and (b) with other related community outreach programs.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4914 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4915.  OTHER LEGAL REQUIREMENTS.
   This Article provides the minimum requirements pertaining to the protection of applicants for employment, potential applicants for employment, employees, and applicants and potential applicants for the rental and lease of residential real property, and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard, or, with regard to employment, any provision of a collective bargaining agreement, that provides for greater or other rights of or protections for applicants, potential applicants, or employees. This provision shall apply both to laws, regulations, requirements, policies, standards, and collective bargaining agreements in existence at the time the Article becomes operative, and to those that come into existence thereafter.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4915 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4916.  PREEMPTION.
   The City recognizes that in some circumstances state or federal law governs some of the matters  addressed in this Article. Nothing in this Article shall be interpreted or applied by a court or an agency of City government so as to create any requirement, power, or duty in conflict with federal or state law or with a requirement of any government agency, including any agency of City government, implementing federal or state law. Consistent with the foregoing preemption principle, for example, the OLSE and the HRC are authorized to not enforce any provision of this Article upon determining that its application in a particular context would conflict with federal or state law or with a requirement of a government agency implementing federal or state law. As another example consistent with the foregoing preemption principle, Employers may inquire about criminal convictions outside of the time periods set forth in this Article where required by federal or state law or a government agency implementing federal or state law. These examples are illustrative and do not limit the scope of the preemption principle stated in this Section 4916.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
(Former Sec. 4916 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
SEC. 4917.  CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.
   In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. This Article does not create a legally enforceable right against the City.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
SEC. 4918.  SEVERABILITY.
   If any part or provision of this Article including but not limited to a section, subsection, paragraph, sentence, phrase, or word, or the application thereof to any person or circumstance, is held invalid, the remainder of the Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Article are severable.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
SEC. 4919.  OPERATIVE DATE.
   This Article shall become operative on 180 days after enactment and shall have prospective effect only, measured from the operative date forward. Enactment occurs when the Mayor signs the ordinance creating the Article, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance.
(Added by Ord. 17-14 , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014)
SEC. 4920.  CONFLICT WITH OTHER CITY LAWS.
   If there is a conflict between the requirements of this Article and any City law, rule or regulation existing as of the effective date of Ordinance No. 249-14, amending this Article, the requirements of this Article shall prevail.
(Added by Ord. 249-14 , File No. 140878, App. 12/17/2014, Eff. 1/16/2015)