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(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 (with the exception of reporting on calendar year 2019 and 2020 compliance) 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.
(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App. 4/20/2001; amended by Ord. 197-03, File No. 030633, App. 8/1/2003; Ord. 187-04, File No. 040759, App. 7/22/2004; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)
(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.
(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)
(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.
(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)
(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.
(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)
(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.
(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)
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.
(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)
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.
(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)
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.
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