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(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(Former Sec. 4912 added by Ord. 61-01, File No. 002197, App. 4/20/2001; repealed by Ord. 234-06, File No. 060892, App. 9/14/2006)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.
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.
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