San Francisco Rent Ordinance § 37.10B: The San Francisco Tenant Harassment Ordinance
The San Francisco Tenant Harassment Ordinance seeks to protect San Francisco tenants from harassment perpetrated by unscrupulous landlords and designed to force families from their homes. By protecting every rental unit in San Francisco and providing a private right of action, the San Francisco Tenant Harassment Ordinance is a powerful tool protecting tenants throughout the City and County of San Francisco.
Is My Rental Unit Covered Under the San Francisco Tenant Harassment Ordinance?
The San Francisco Tenant Harassment Ordinance covers, “all residential dwelling units,” in San Francisco, including garages and parking facilities. San Francisco Administrative Code § 37.2. The San Francisco Tenant Harassment Ordinance covers San Francisco Tenants in all rental units throughout the City, except for rental units in:
- Rooms in hotels, motels, inns, tourist homes, room and board homes, where the guest occupies the room for thirty-two continuous days or more and the landlord does not force San Francisco tenants to change rooms or temporarily vacate the room to avoid the San Francisco Rent Ordinance’s coverage;
- Units in non-profit cooperatives owned, occupied, and controlled by a majority of the residents or solely owned by a non-profit governed by a residential-majority board of directors and residential approval, by a majority, for all rent increases;
- Rooms in hospitals, convents, monastery, extended care facilities, asylum, residential care or adult day health care facilities for the elderly licensed by the California Department of Social Services;
- Rooms in dormitories owned and operated by a school; and,
- Most units with rents controlled or regulated by any government entity.
The San Francisco Tenant Harassment Ordinance Applies to Single-Family Homes & Condominiums
Unlike San Francisco Rent Control, the San Francisco Tenant Harassment Ordinance applies to single-family homes and condominiums, regardless of age. This means that San Francisco tenants in single-family homes and condominiums also enjoy San Francisco Tenant Harassment Ordinance protections.
Does the San Francisco Tenant Harassment Ordinance Protect Subtenants?
Yes, the San Francisco Tenant Harassment Ordinance protects all persons, including approved subtenants, entitled to occupy the unit. San Francisco Administrative Code § 37.2.
Does the San Francisco Tenant Harassment Ordinance Regulate Property Manager Harassment, Too?
Yes, the San Francisco Tenant Harassment Ordinance applies to property managers, and any other agent, representative, or successor of the landlord. San Francisco Administrative Code § 37.2.
What Types of Harassment Does the San Francisco Harassment Ordinance Prohibit?
The San Francisco Tenant Harassment Ordinance prohibits a landlord, or their employees, from harassing a tenant in bad faith. San Francisco Administrative Code § 37.10B.
Under the San Francisco Tenant Harassment Ordinance, the following actions constitute unlawful landlord harassment:
- Interrupting, terminating, or failing to provide housing services, like heat or window locks, required by law or under the lease agreement;
- Failing to perform repairs and maintenance required by law or under the lease agreement;
- Failing to complete repairs or maintenance adequately or not following industry standards relating to repair, containment, or remediation standards designed to minimize noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
- Abusing the right of access under Civil Code section 1954;
- Influencing or attempting to influence a tenant to vacate their home through fraud, intimidation, or coercion, including by imposing an off rent increased with an intent to defraud, intimidate, or coerce the tenant into moving out in vacating the unit in circumvention of the San Francisco Rent Ordinance;
- Attempt to coerce the tenant to vacate with offers of payments to vacate, which are accompanied with threats or intimidation;
- Threatening San Francisco tenants, by word or gesture, with physical harm;
- Violating anti-discrimination laws based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDs, or occupancy by a minor child;
- Interfering with a tenant’s right to quiet use and enjoyment of the unit under California law;
- Refusing to accept or acknowledge receipt of a tenant’s lawful rent payment;
- Refusing to cash a rent check for over thirty days;
- Interfering with a tenant’s right to privacy;
- Requesting information that violates a tenant’s right to privacy, including but not limited to residence or citizenship status or social security number;
- Other repeated significant acts or omissions that substantially interfere with or disturb with the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of the unit, which are likely to cause, or intended to cause a lawful occupant to vacate the unit or waive any rights relating to their occupancy. San Francisco Administrative Code § 37.10B.
Can San Francisco Tenants Waive San Francisco Tenant Harassment Ordinance Provisions?
No. San Francisco tenants cannot waive San Francisco Tenant Harassment Ordinance protections. San Francisco Administrative Code § 37.9(e).
What Options Are Available to San Francisco Tenants When a San Francisco Landlord Violates the San Francisco Tenant Harassment Ordinance?
San Francisco tenants have several options when dealing with substantial landlord harassment. First, San Francisco tenants may file a decrease in services petition at the San Francisco Rent Board when the harassment consists of the landlord:
- Interrupting, terminating, or failing to provide housing services, like heat or window locks, required by law or under the lease agreement;
- Failing to perform repairs and maintenance required by law or under the lease agreement; or,
- Failing to complete repairs or maintenance adequately or not following industry standards relating to repair, containment, or remediation standards designed to minimize noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts.
The San Francisco Rent Board is empowered to lower a San Francisco tenant’s rent. However, unlike in a court of law, the Rent Board cannot award emotional distress damages, attorney fees, or triple damages.
Alternatively, San Francisco tenants may file a lawsuit in court for landlord harassment. In a lawsuit, San Francisco tenants may seek injunctive relief, the greater of three times actual damages and emotional distress damages, or a statutory penalty of $1,000, and any other relief the court deems appropriate. Emotional distress damages are only tripled when the landlord, or their agent, acts in knowing violation or reckless disregard of the San Francisco Rent Ordinance. Further, San Francisco tenants may recover their attorney fees and costs. Punitive damages are also available. San Francisco Administrative Code § 37.10B.
