Table of Contents. Chapter 1: The Story So Far 1. Chapter 2: Understanding Landlording 5. Chapter 3: Researching Landlords, Buildings, and Laws 11

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1 Items and page numbers in italics refer to the text in boxes on the corresponding page. Chapter 1: The Story So Far 1 Tenants Begin to Organize...1 The City Finally Responds to the Crisis...1 Condo Conversions Soared Along With Rent Increases...2 The High Tech and Housing Bubbles Hit...2 The Great Recession...3 San Francisco Renters Fight Back...3 Chapter 2: Understanding Landlording 5 Landlord Types...5 Big vs. Small...6 Professional vs. Amateur...6 Absentee vs. Landlord-Occupant...6 Old/Long-Term Investor vs. New/Short-Term Speculator Ownership...7 How Landlords Make Money...7 Equity...7 Appreciation and Speculation...8 Rental Income...9 Tax Advantages...9 Chapter 3: Researching Landlords, Buildings, and Laws 11 Landlord and Building Information Department of Building Inspection Department of Planning Department of Public Health Assessor and Recorder Rent Board Additional Online Information Court Records Superior Court Limited Jurisdiction Superior Court Unlimited Jurisdiction Small Claims Court Laws Law Libraries Law Books Laws on the Web Chapter 4: Renting Basics 15 Protections for the Tenant Under the San Francisco Rent Ordinance and State Law What Does the Rent Ordinance Cover? Subsidized Housing Residential Hotels Certificate of Occupancy Date Government-Assisted Housing Transient Housing Substantially Rehabilitated Housing Unusual Residences Sharing Rental Unit With Landlord vi Costa-Hawkins Rental Housing Act Exception for Rent Ordinance To Sum Up: Are You Covered by the Rent Ordinance? Landlord s Duty of Habitability Tenant s Duty of Habitability Leases and Rental Agreements Leases vs. Month-to-Month Rental Agreements Oral vs. Written Rental Agreements Requirements and Protections in Rental Agreements Rights That CANNOT Be Signed Away Rights That CAN Be Signed Away Other Undesirable Rental Agreement Clauses Late Charge Overnight Guest and Pet Restrictions Merger Clause House Rules Posting and Distributing of Information by Tenant Desirable Clause in Rental Agreement Attorney s Fees for Landlord Paying Rent Waiver of Breach of Rental Agreement by Landlord Breaking a Lease Examples of Letters for Moving Out Notices and Other Communications Between Landlord and Tenant Sale of Building Estoppel Agreement or Rental Questionnaire: Should I Sign It? Rental Agreement for New Landlord Special Rental Situations Foreclosure by a Bank Foreclosure Process Resident Managers Working for Your Landlord Live/Work Rental Units Squatting Chapter 5: Security Deposits 34 Application Screening Fee Holding Deposits Destruction of Rental Unit Use of Security Deposits Sale of Building and Security Deposits Preventive Medicine Moving Out Move-In/Move-Out Checklist Sample Letter for Return of Security Deposit Suing for Refund Interest on Deposits Rent Board Fee Increases in Deposits After the Tenancy Begins Last Month s Rent Deducted from Security Deposit... 40

2 Partial Refund as Payment in Full Chapter 6: Repairs and Services 41 Obligations of the Landlord Construction Requirements Windows and Doors Earthquake Retrofit Types of Buildings that Require Retrofit Compensation Communication Devices Telephone Toilet Contractor Health Requirements in Addition to Construction Requirements Lead, Mold, Filth, and Pest Nuisances Bed Bugs Detecting Bed Bugs Using Bed Bug Monitors Air Quality (Besides Nuisances) and Fire Hazards Smoke Detectors Fire Extinguishers Carbon Monoxide Detectors Disclosure Requirements Security Additional Rights Quiet Possession Roommates Utilities Shared Submetered Water Write the Landlord a Letter First Example of Letter Requesting Repairs Department of Building Inspection Department of Building Inspection Notice of Violation San Francisco Housing Code Enforcement Overview Don t Call DBI If You Live in an Unauthorized Unit! Petitions for Lack of Services Decrease in Housing Services Petitions Petition for Decrease in Housing Services Parking and Storage Services Failure to Repair and Maintain Petitions Preparation for Decrease in Housing Services and Failure to Repair and Maintain Hearings Suing Your Landlord Repair and Deduct Example of Letters for Repair and Deduct Illegal Rent Rent Strikes NOTICE OF RENT WITHHOLDING Caution with Rent Withholding! Retaliation Is Illegal Prosecute Your Landlord Constructive Eviction Heating Requirements Mold Basic Facts About Mold Medical Impact of Mold Testing for Mold Removing Mold Problems Compensation for Mold Problems Lead Paint and Lead Hazards Childhood Lead Poisoning Does My Home Have Lead Hazards? Removing Lead Paint Hazards Unauthorized Units and Lead Removal WARNING! Don t Try to Abate Lead Yourself! Asbestos and Other Chemicals Causing Cancer or Reproductive Toxicity Cosmetic Repairs Fire or Other Disaster Chapter 7: Rent Increases 71 Rent Increases under California Law Vacancy Control Rent Increases under San Francisco Rent Control Rent Increases Not Requiring Approval of the Rent Board Annual Rent Increases Banking Past Annual Rent Increases Expiration of Good Samaritan Occupancy Status General Obligation Bond Passthroughs Water Passthroughs Water Revenue Bond Passthrough Water Penalty Passthroughs Gas, Electricity or Steam Heat Passthroughs Original Tenant Moves Out Rent Board Fee Contesting Rent Increases Which Do Not Require Rent Board Approval Summary Petition for Unlawful Rent Increases Unlawful Rent Increase Petition Failure to Repair and Maintain Petition Passthrough Challenges by Petition Rent Increases Requiring Rent Board Approval Capital Improvements Hardship Exemption for Capital Improvement Passthroughs Defenses to Capital Improvement Passthroughs Passthrough Amounts for Capital Improvement Required Seismic and Code Work Capital Improvement Passthroughs...79 Energy Conservation Measures Capital Improvement Passthroughs...79 Calculating the Passthroughs for Capital Improvement.. 79 General Procedures for Capital Improvement Passthroughs Hearing for Capital Improvement Passthroughs Operating and Maintenance Expense Increase Passthroughs Hardship Exemption for Operating and Maintenance Expense Increase Passthroughs Hearing for Operating and Maintenance Expense Increase for Tenant...82 vii

3 viii Gas, Electricity or Steam Heat Passthroughs That Do Not Require Rent Board Approval Tenant Not in Occupancy (Rental Unit Is Not the Principal Residence) Miscellaneous Landlord Petitions Chapter 8: Harassment 83 Privacy and Landlord Entry Open Houses Prohibition on Illegal Landlord Acts to Influence a Tenant Move-Out Buyouts, Almost Always a Bad Idea Know Your Rights Before You Make Any Drastic Decisions!! Always Do the Math Insist that the Landlord Follow the Law Examples of Letters You Can Write to Your Landlord Never Waive Your Rights If the Landlord Does Not Move In or Remove the Unit (and the Entire Building) Under the Ellis Act from the Rental Market You Have the Right to Rescind Any Agreement within 45 Days of the Agreement Condo Conversion Prohibition Lockouts Utility Shutoffs Debt Collection Sexual Harassment Noise and Nuisance from a Neighbor Other Forms of Harassment by the Landlord Stopping These Types of Harassment Restraining Orders and Injunctions Example of a Letter About Harassment Example of a Temporary Restraining Order Complaint Chapter 9: Discrimination 93 What Is Discrimination? Who Is Protected? Federal, State, and Local Anti-Discrimination Laws More Information on Specific Characteristics Protected by Anti-Discrimination Statutes Disability Defining Disability Reasonable Accommodations and Modifications Personal Care Attendants People with AIDS/HIV Familial Status Height and Weight Income Source Age Sexual Orientation Marital Status Race Retaliation Protected Acts of the Tenant Sexual Discrimination Undocumented Immigrants What Can You Do? Documentation in Writing Report the Discrimination File a Lawsuit Chapter 10: Roommates 101 Types of Tenant-Landlord Relationships Roommates with Equal Rights Roommate(s) with a Master Tenant Subletting Rights of Subtenants with Master Tenants Roommate(s) Living with Owner Adding Non-Family Members Rules and Procedures for Adding Non-Family Occupants Adding Family Members Breaking Up What If There s Already a New Roommate? Changing Roommates Assignment of Rental Agreement to Another Tenant Rent Increase When Original Tenant Vacates Rent Increases under the Costa-Hawkins Rental Housing Act Proving That a Rental Agreement Directly with the Landlord Exists Rules and Regulations Subtenants Co-Tenants (in Some Cases Also Known as Co-Occupants) Rules and Regulations Guests Model Roommate Agreement Chapter 11: Changes in Use 115 Loss of Rental Units Condominium Conversions Tenancies in Common (TICs) TIC Regulation Fighting Conversion to TIC Fighting the Sale of Your Home Condo Conversion Law What Building Types Can Be Converted into Condos Condo Conversions Require Lease Options Limit on Annual Conversion Condo Conversions Prohibited Conversions Not Allowed If Certain Evictions, Buyouts, Rent Increases, or Discrimination Preceded Application Lawsuit for Treble Damages (SF Subdivision Code 1304) Legal Action by the City Attorney or District Attorney 121 Rights in Condo Conversions When Tenants Remain in Unit Agreement of Tenants to Convert and Right to Purchase Unit Seniors or Permanently Disabled Have Right to Lifetime Lease for Condo Conversion

4 Right to One-Year Lease and Relocation Payment for Tenants Not Senior or Permanently Disabled Expedited Conversion Bypass for Existing TICs Evictions after Condo Conversion Other Tenant Protections in the Condo Law Vacation and Corporate Guest Suite Rentals by the Landlord Airbnb, Home Exchanges, or Similar Uses by the Tenant Unauthorized Units Proposition M (1986): Priority General Plan Policies Demolition of a Single Rental Unit and Mergers Demolition of a Building Permit Process Chapter 12: Eviction Defenses 129 What Is an Eviction? What Is Not an Eviction? What Is NOT an Eviction? What IS an Eviction? Illegal Reasons for Evictions Retaliation Discrimination Domestic Violence, Sexual Assault, Stalking, Abuse of an Elder or Dependent Adult or Human Trafficking Servicemembers Tax Credit Units for Low-Income Housing San Francisco Rent Ordinance The Eviction Process Before Going to Court Notice to (Cure or) Quit Credit Reports and Tenant Screening Agencies Invalid Notices Sixty- and Thirty-Day Notices Other Notice Periods Besides Sixty/Thirty/Three Rent Board Reports of Alleged Wrongful Eviction Three-Day Notices Calculating the Notice Period Service of the Eviction Notice Acceptance of Rent May Waive Notice San Francisco Rent Ordinance Evictions Sixteen Just Causes for Eviction under the San Francisco Rent Ordinance Just Causes for Eviction Relocation Payment for Evictions Contesting the Just Cause for Eviction Fighting Fault Evictions Nonpayment of Rent When Is the Rent Due? Notice to Pay or Quit Unlawful Detainer Notice Example Defenses Refused Rent After Notice to Pay or Quit Habitability Unknown New Landlord Motive of Landlord Not Based on Overdue Rent Interest on Security Deposit Has Not Been Paid Debt Collectors Waiver of Notice Refused Rent Bounced Check Rent Payments Habitual Late Payment of Rent Breach (Violation) of Rental Agreement Definition Notice Period Disagreement with Allegation Waiver of Breach Curing (Fixing) the Breach Waiver, Estoppel, and Change of Agreement: Unenforced Rental Agreement Provisions as Defenses to an Eviction Subletting or Assignment (Transfer of Rights to Another Occupant) Animals and Other Reasonable Accommodation Nuisance Waste (Destruction of Rental Unit) Illegal Use Working at Home Subletting Illegal Unit Marijuana and Secondhand Smoke Renewal of Rental Agreement Refused by Tenant Access for Landlord Denied Subtenant Holding Over Is Unapproved Fighting No-Fault Evictions Landlord Move-In (Owner Move-In) Protected Tenants for LMI Senior, Disabled, and Dying Tenants Children School Workers Other Restrictions for LMI One Eviction per Building Except for Close Relatives of Landlord Relatives of Landlord Living in Building Who Qualify for Additional LMI Same Unit for Future LMIs Procedural Requirements for LMI Ownership Eviction Notice for Tenant Disclosure to Tenant Relocation Payment Vacant Units Available Disclosure to Rent Board Occupancy by Landlord Re-Rental Restrictions Is the Landlord Evicting in Good Faith for LMI? Procedural Defenses for LMI Housing Assistance After LMI Ellis Act Ellis Eviction Threat Fighting an Ellis Eviction Organize the Building to Fight an Ellis Eviction Inform Landlord of Restrictions on Ellised Property Public Pressure for Fighting an Ellis Eviction Procedural Defenses for an Ellis Eviction ix

5 x Procedural Requirements for an Ellis Eviction Relocation Payments for an Ellis Eviction Ellis and LMI Comparison Chart Housing Assistance After Ellis Eviction Return at Same Rent If Re-Rented After Ellis Eviction Re-Rent to New Tenant at Same Rent After Ellis Eviction Capital Improvement Evictions Relocation Payment for Capital Improvement Eviction. 157 Households with Children or School Workers Protections from Capital Improvement Evictions Lead Abatement Evictions Demolition Evictions Removing a Unit from All Housing Use Development Agreement with the City of San Francisco 159 Condo Conversion for Sale Evictions Substantial Rehabilitation Evictions Good Samaritan Occupancy Status Termination Chapter 13: Eviction Process in Court 160 Summary of the Eviction Process Eviction Lawsuit Is Filed Bypassing the Courts: Lodgers and Hotels Summons and Complaint Unlawful Detainer Procedures & Time Chart Notice of the Unlawful Detainer from the Court Serving the Summons and Complaint Responding to a Summons and Complaint: Beware the Time Limit! Motions and Answers Unlawful Detainer Procedural Defenses Motions Procedural Defenses Motion to Quash Demurrer Motion to Strike Discovery The Answer Affirmative Defenses Breach of the Implied Warranty of Habitability Retaliation Discrimination Waiver or Cancellation of Landlord s Notice Landlord s Failure to Perform Obligations under the Rental Agreement Landlord s Refusal to Accept Rent Landlord s Failure to Credit Tenant for Costs of Necessary Repairs Properly Deducted from Rent The Unit Is Covered by the San Francisco Rent Ordinance and the Landlord Is Evicting the Tenant Without Just Cause as Required under the Ordinance Filing Fees Eviction Timelines Trial Why Fight? Negotiate or Fight to the End? Decide What You Want to Do After the Trial? Tenant Wins Landlord Wins Relief from Forfeiture Sheriff Comes Watch for Evidence of Wrongful Eviction Chapter 14: Taking Action 171 Individual Action Read This Book Write Letters Alternative Dispute Resolution Petition the Rent Board Mediation Before Arbitration at the Rent Board Bureaucracies The Hearing Process Expedited Hearing Process Preparing for a Hearing Presenting Your Case at the Hearing Conduct of Arbitration Hearings Appealing Decisions to the Rent Board Commission Hardship Appeal at Tenant s Request Hardship Appeal at Landlord s Request Protest Building Permits Can Be Blocked Direct Action Sue Your Landlord Do You Have a Case? When Can You Sue Your Landlord? What Court Should You Use? Withhold Rent Prosecute Your Landlord More Tactics Building-Wide Collective Action Starting a Tenants Union Neighborhood or Citywide Action Appendix A: Resources 186 Non-Governmental Agencies in San Francisco Governmental Agencies United States California San Francisco Resources Outside of San Francisco Appendix B: List of Changes 201 Appendix C: San Francisco Law and Regulations Excerpts 208 Appendix D: California Law Excerpts 276 Appendix E: Table of Statutes, Regulations, and Cases 322 Index 323