Like many areas, San Francisco uses a blend of local and state law to give security to tenants. Due in part to its comparatively high cost of living, San Francisco includes cost controls and just cause eviction provisions in its rent ordinance. Landlords should follow further protocols when dealing with tenants, comparative to other areas of the nation and state.
Significance
The City of San Francisco is in a continuous battle to balance its high housing costs with the needs of its occupants, particularly those who have low to medium incomes. Based on 2010 data analyzed from the National Low Income Housing Coalition (NLIHC), the fair market rent for a two-bedroom unit in San Francisco is 1,760 per month. To afford this rent, NLIHC estimates that a household must earn $70,400 annually. This reality increases the importance of providing stability for tenants in terms of occupancy and cost.
Types
The rights that San Francisco gives to tenants, particularly those that supersede state law, may be broadly grouped in price, quality of the leasing experience and flooding classes. In terms of price, San Francisco imposes price controls on rent and adds to country regulations governing security deposits. San Francisco generally defers to state laws covering the leasing experience, such as maintenance, repair and renter harassment problems ; however, the town adds its own unique stipulations. While many California cities allow taxpayers to terminate month-to-month tenancies for any reason, according to the state’s Department of Consumer Affairs, San Francisco only allows evictions associated with a just cause.
Characteristics
According to the San Francisco Tenants Union, many dwellings in town have been covered by rent control. If a tenant lives in a unit built on or before June 1979, generally landlords may simply raise the rent on his apparatus by a predetermined amount once per year. Between March 1, 2010 and February 28, 2011, the San Francisco Rent Board notes that maximum growth allowed by the rent ordinance is 0.1 percent. While San Francisco uses state law to mandate most landlord responsibilities in association with repairs and upkeep, it uses local ordinances in certain areas, for example its minimal heat requirement. The Rent Board points out that landlords should offer a suitable heating system that allows for a temperature of at least 68 degrees F from 5 to 11 a.m. and 3 to 10 p.m. Landlords can’t evict a tenant from a San Francisco rental unit without citing among 15 just triggers, as of 2010. Since the Tenants Union notes, just causes include nonpayment of rent and violation of the leasing agreement. Many tenants never covered by rent control do enjoy the town’s strong eviction protections.
Factors
State law, according to the California Department of Consumer Affairs, limits the amount a landlord may charge for a security deposit to twice the rent on an unfurnished lease. San Francisco does not impose limitations beyond state legislation ; however, tenants have an additional security deposit right in town: They’re entitled to interest on the deposit a landlord holds. Like the rent control annual growth, landlords must pay out interest at a predetermined yearly rate to tenants once per year in the form of an immediate payment or rent credit, according to the San Francisco Rent Board.
Pro Insight
Evictions are a contentious issue in San Francisco. The Tenants Union guides tenants to consult with an attorney whenever they are faced with an eviction-related situation. They also notify tenants who evictions in California should proceed through the courtroom. Tenants across the country have the right to remain in their apartment even after receiving an initial flooding note. Once an eviction proceeds to court and the judge or jury principle in the landlord’s favor, a tenant should move out. Some evictions, such as an owner move-in, demand special treatment in San Francisco. When a landlord evicts a tenant so she or a close relative can move in the tenant’s marriage, the Tenants Union states that each displaced tenant is eligible for $4,941 in relocation benefitsup to a max of $14,825. Tenants with little kids, the handicapped and elderly persons receive an additional $3,295 in reimbursement.