San Francisco County Municipal Code Art. II Preservation of Emergency Nature

OF SHELTER; PREVENTION OF LOSS OF SHELTER BED BASED SOLELY ON INCOME; PROHIBITION AGAINST PRIORITIZATION OR SET-ASIDES OF SHELTER BEDS BASED SOLELY ON INCOME

Sec. 20.40. Findings. Sec. 20.41. Definitions. Sec. 20.42. Preservation of Emergency Nature of Shelter. Sec. 20.43. No Displacement Based on Income. Sec. 20.44. Limitation of Liability. Sec. 20.45. Severability.

The Board of Supervisors finds and declares the following: (a) Due to the shortage of affordable housing in San Francisco, many people suffer from a lock of permanent housing and seek emergency shelter services on a temporary basis; and (b) Emergency shelter services in San Francisco are a limited resource and should be preserved for individuals that lack permanent housing and who currently face a housing crisis; and (c) Shelter services provided by the City should not be used as a long-term or permanent solution to homelessness. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)

For the purposes of this Chapter, the following definitions shall apply to the terms used herein. (a) "Shelter" or "Shelter services" means any shelter provided by the City on City owned or leased property or through a contractual arrangement that offers temporary overnight sleeping space on a short-term basis. (b) "Emergency" means an immediate and urgent need for assistance or relief or a time of crisis that requires immediate action. (c) "Entities that refer individuals to shelter" means any government agency or community based organization that contracts with the City to provide shelter services, including but not limited to non-profit organizations and religious institutions, that refer individuals for emergency shelter or shelter services. (d) For purposes of the requirements of Article II, Sections 20.40 through 20.45 only, "income" shall include benefits received under

government entitlement or assistance programs. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)

Individuals that access the City's shelters and entities that refer individuals to shelter shall only utilize the shelter system in emergency situations and shall preserve shelter beds for individuals that face an immediate and urgent shelter need, thereby preserving the emergency nature of the shelter system. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)

Under this Chapter, there shall be no displacement of any individual using an emergency shelter bed based on that individual's lack of or source of income, nor shall there be any prioritization or set asides of emergency shelter beds based on income that would result in any individual seeking an emergency shelter bed from being unable to obtain such a bed, except for the duration of presumptive eligibility for CAAP recipients. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)

By adopting this Article, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It 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 a breach proximately caused injury. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)

If any section, subsection, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court or federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Added by Ord. 198-03, File No. 030737, App. 8/1/2003)