Tenant Law

Index

Building and Habitability

Descrimination

Eviction: Just Causes

Eviction: Illegal

Heating

Musical Rooming

Phone Jacks

Rent Increases

Security Deposits

Service Dogs and Companion Animals

Visitor Policy for SRO Hotels

 

   

California Civil Code
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody;=&hits;=20
The California Civil Code contains state-wide tenant laws in Sections 1925-1997. Important topics covered include rent control, breaching of leases, musical rooming, provision of phone jacks, building codes, and illegal evictions. Following are excerpts of some of the provisions:

Musical Rooming
1940.1. (a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and reregister, before the expiration of 30 days occupancy if a purpose is to avoid application of this chapter pursuant to paragraph (1) of subdivision (b) of Section 1940. (b) In addition to any remedies provided by local ordinance, any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars ($500). In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees.

Building and Habitability
1941.1. A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order. (c) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (d) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order. (e) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order. (f) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control. (h) Floors, stairways, and railings maintained in good repair.

Phone Jacks
1941.4 The lessor of a building intended for the residential occupation of human beings shall be responsible for installing at least one usable telephone jack and for placing and maintaining the inside telephone wiring in good working order, shall ensure that the inside telephone wiring meets the applicable standards of the most recent National Electrical Code as adopted by the Electronic Industry Association, and shall make any required repairs. The lessor shall not restrict or interfere with access by the telephone utility to its telephone network facilities up to the demarcation point separating the inside wiring. "Inside telephone wiring" for purposes of this section, means that portion of the telephone wire that connects the telephone equipment at the customer's premises to the telephone network at a demarcation point determined by the telephone corporation in accordance with orders of the Public Utilities Commission.

Illegal Evictions
789.3. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord. (b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully: (1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device; (2) Remove outside doors or windows; or (3) Remove from the premises the tenant's personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3. Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940. (c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following: (1) Actual damages of the tenant. (2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages. (d) In any action under subdivision (c) the court shall award reasonable attorney's fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.

 

Return of security deposits
1950.5 requires that a security deposit be returned in full within 21 days of vacating. If money is deducted, the landlord must furnish an itemized list of damage along with copies of receipts for repairs. Civil Code 1950.5 also provides for up to $600 in penalties for bad faith retention of a security deposit.

 






San Francisco Rent Ordinance
http://www.sfgov.org/site/rentboard_page.asp?id=3056
The San Francisco Rent Ordinance is San Francisco Administrative Code Chapter 37 and covers all rented buildings except units in buildings built since June 13, 1979; units in project-based government assisted or government regulated housing; rooms in hotels and boarding houses where the tenant has occupied the room for less than 32 consecutive days; units in non-profit cooperatives owned and controlled by a majority of the residents; rooms in hospitals; and units that have undergone "substantial rehabilitation." The Rent Ordinance mostly deals with evictions and rent increases.

Just Cause for Eviction (following is a summary; see website above for actual language)
Section 37.9 1. The tenant has failed to pay the rent or habitually pays late or bounces checks frequently; 2. The tenant has violated a term of the rental agreement or lease and has received written notice about this from the landlord and has not corrected the violation; 3. The tenant is creating or permitting a nuisance in, or substantial damage to, the unit, or is �creating a substantial interference with the comfort, safety or enjoyment of the landlord or other tenants in the building�; 4. The tenant is using the unit for an illegal purpose; 5. The tenant�s prior rental agreement or lease has ended and the tenant refuses to execute a written extension or renewal of the past agreement for the same period of time and under materially the same terms as the prior agreement; 6. The tenant has refused the landlord reasonable access to the unit as required by state or local law to make repairs or agreed-upon improvements, or to show the unit to prospective buyers (for more information about this, see chapter on Harassment); 7. The only person left in the the unit when the rental agreement expires is a subtenant who has not been approved by the landlord; 8. The landlord or a close relative of the landlord (if the landlord lives in the building) wants to move in to the unit and will remain a minimum of 36 consecutive months. (More information on these owner move in evictions) 9. The landlord seeks to sell a unit which has lawfully been converted to a condominium and does so �without ulterior reasons and with honest intent�; 10. The landlord seeks to demolish or otherwise remove the unit from rental housing use, has obtained all the necessary permits, and does so �without ulterior reasons and with honest intent�; 11. The landlord seeks temporarily to remove the unit from housing use to carry out �capital improvements or rehabilitation,� has obtained all the necessary permits, and does so �without ulterior reasons and with honest intent.� Note: A tenant forced to vacate temporarily under these circumstances has the right to re-occupy the unit once the work is completed at the prior rent, adjusted by the Rent Board for the improvements, and has the right to be paid relocation expenses; 12. The landlord seeks to carry out �substantial rehabilitation,� has obtained all the necessary permits, and does so �without ulterior reasons and with honest intent�; 13. The landlord seeks to withdraw from housing use all the units in the building or a unit detached from another structure on the same lot, (e.g. a cottage) pursuant to the �Ellis Act.� Low-income, disabled and elderly tenants evicted for this cause get money for relocation, and disabled and senior tenants (over 62) get one year notice. All tenants get at least 120 days notice and a right to reoccupy at the old rent if the unit is re-rented in the future. More information on these Ellis Act evictions. 14. The landlord seeks in good faith to temporarily recover possession of the unit for less than 30 days solely for the purpose of abating lead paint problems, as required by the San Francisco Health Code. The tenant has a right to relocation benefits.

Rent Increases
Section 37.3 (1) Annual Rent Increase. On March 1 of each year, the Board shall publish the increase in the CPI for the preceding 12 months, as made available by the U.S. Department of Labor. A landlord may impose annually a rent increase which does not exceed a tenant's base rent by more than 60% of said published increase. In no event, however, shall the allowable annual increase be greater than 7%. (2) Banking. A landlord who refrains from imposing an annual rent increase or any portion thereof may accumulate said increase and impose that amount on the tenant's subsequent rent increase anniversary dates. A landlord who, between April 1, 2023 and February 29, 1984, has banked an annual 7% rent increase (or rent increases) or any portion thereof may impose the accumulated increase on the tenant's subsequent rent increase anniversary dates. (3) Capital Improvements, Rehabilitation, Energy Conservation Improvements, and Renewable Energy Improvements. A landlord may impose rent increases based upon the cost of capital improvements, rehabilitation, energy conservation improvements, or renewable energy improvements, provided that such costs are certified pursuant to Sections 37.7 and 37.8B below; provided further that where a landlord has performed seismic strengthening in accordance with Building Code Chapters 16B and 16C, no increase for capital improvements (including but not limited to seismic strengthening) shall exceed, in any twelve (12) month period, 10% of the tenant's base rent, subject to rules adopted by the Board to prevent landlord hardship and to permit landlords to continue to maintain their buildings in a decent, safe and sanitary condition. A landlord may accumulate any certified increase which exceeds this amount and impose the increase in subsequent years, subject to the 10% limitation. . (4) Utilities. A landlord may impose increases based upon the cost of utilities as provided in Section 37.2(q) above. (5) Water: Charges Related to Excess Water Use, and 50% Passthrough of Water Bill Charges Attributable to Water Rate Increases Resulting From Issuance of Water System Improvement Revenue Bonds Authorized at the November 2002 Election

 






San Francisco Housing Code
http://gcp.esub.net/cgi-bin/om_isapi.dll?clientID=162226&infobase;=sanfran.nfo&softpage;=Browse_Frame_Pg42

Heating
Section 701 Minimum Heat Requirements. (1)Dwelling units, guest rooms and congregate residences of one habitable room other than the kitchen, heat capable of maintaining a room temperature of 70 degrees Fahrenheit at a point midway between the heating unit and the farthest wall and which point is four feet six inches above the floor, shall be made available to such habitable room for 11 hours between the hours of 6:00 a.m. and 12:00 midnight.

 





San Francisco Administrative Code
http://www.amlegal.com/nxt/gateway.dll?f=templates&fn;=default.htm&vid;=alp:sf_admin

Uniform Visitor Policy
Section 41D The San Francisco Board of Supervisors passed the Uniform Visitor Policy for Residential Hotels in 2002. This law prohibits all visitor and guest fees and guarantees tenants the right to have visitors between 9:00am and 9:00pm, as well as eight overnight guests per month. The Rent Board is charged with enforcing the law along with the Police Department (Police Code Section 919.9).

Interest on Security Deposits
Section 49.1 A landlord who is subject to the provisions of Section 1950.5 of the California Civil Code shall pay simple interest on all security deposits held for at least one year for his/her tenants; provided, however, that this requirement shall not apply where the rent is assisted or subsidized by any government unit, agency or authority.

 

 


 

US Fair Housing Act

http://www.usdoj.gov/crt/housing/title8.htm

 

Prohibition of discrimination in sale or rental of housing

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices: As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful-- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

 

Service dogs and Companion Animals

Sec. 805. [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions (a) In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

Also see:

California Civil Code

Sec. 54.1. (6) (A) It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for any person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired on the basis that the individual uses the services of a guide dog, an individual who is deaf or hearing impaired on the basis that the individual uses the services of a signal dog, or to an individual with any other disability on the basis that the individual uses the services of a service dog, or to refuse to permit such an individual who is blind or visually impaired to keep a guide dog, an individual who is deaf or hearing impaired to keep a signal dog, or an individual with any other disability to keep a service dog on the premises.

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