San Francisco County Municipal Code Art. VIII Miscellaneous Provisions

Sec. 40.29. Limitations on Conversions. Sec. 40.30. Relocation Assistance. Sec. 40.31. Private Cause of Action. Sec. 40.32. Review.

Sec. 40.33. Construction and Effect of Chapter. Sec. 40.34. Severability.

(a) HELP loans are intended to be used only for the purpose of maintaining eligible multi-family buildings for their current use. No HELP loan may be used for rehabilitation for the purpose of conversion of a multi-family building, or portion thereof, to a condominium; for conversion to a tourist hotel unit, as defined in the Residential Hotel Unit Conversion Demolition and Change in Use Ordinance; or for conversion to commercial use; nor may any owner cause any such conversion while the loan is still outstanding. (b) No building, or portion thereof, may be converted to such condominium, tourist hotel unit, or commercial use for a period of five years following the recording of a HELP loan on the building, nor for a period of five years following the assumption of such a HELP loan within the first five-year period, whether intentionally or unintentionally, and whether by the original borrower or a successor in interest. To assure notice and enforceability of this requirement as affects successors in interest, no HELP loan shall be made without the recording of deed restrictions as provided in this paragraph. (c) Every HELP loan agreement shall include agreement to comply with Subdivisions (a) and (b) of this Section. (d) No City and County agency may approve any building permit or subdivision map which would permit violation of this Section. (e) Every borrower, or successor obligor, of a HELP loan shall annually file with the Bureau of Building Inspection an affidavit swearing under penalty of perjury that no conversion prohibited by this Section has occurred during the preceding year. (f) Except as provided in Subdivision (b) of this Section, nothing in this Section shall prevent conversions of multi-family buildings assisted under the program following repayment of the entire balance due on the HELP loan. (Added by Ord. 482-80, App. 10/17/80)

(a) In addition to moving costs, a tenant displaced because of rehabilitation financed pursuant to this Chapter of the dwelling unit or building in which the tenant lives may be eligible for relocation assistance under the City and County's Special Rent Assistance Program under the Central Relocation Service of the Mayor's Office. (b) If state or federal funds are available for relocation assistance, such funds shall be provided to eligible recipients pursuant to State law. If such funds are available, the Chief Administrative Officer shall notify all owners and tenants of buildings rehabilitated with assistance of financing issued pursuant to this Chapter of the availability of various types of relocation benefits, the eligibility requirements for relocation benefits and the procedures for obtaining relocation benefits; and the terms and conditions under which the relocation costs shall be reimbursed to the City and County by the owner. (c) Current and continuing information on the availability and cost of comparable housing and comparable commercial properties and locations will be maintained and available to the public at the Central Relocation Services Office. (d) Information concerning federal and State housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or State programs offering assistance to displaced persons, will be available at the Central Relocation Services Office. (e) Persons who believe that they have been discriminated against in the rehousing process will be referred to the Human Rights Commission for either action or referral to the appropriate law enforcement agencies. (f) Central Relocation Services shall be responsible for administration of any relocation benefits provided pursuant to this Section. (Added by Ord. 482-80, App. 10/17/80)

Any tenant of any dwelling unit benefited by any HELP loan whose rent may be increased, who may be displaced, or who may otherwise be injured by any violation of any term of the HELP loan agreement shall be entitled to institute a private action: (a) To enjoin continued violation of the HELP loan agreement; and

(b) To recover any actual damages suffered as well as costs and attorneys fees. (Added by Ord. 482-80, App. 10/17/80)

This ordinance shall be reviewed by the Board of Supervisors within two years of the date on which it takes effect. At such time the Board of Supervisors shall conduct hearings regarding the continuation, revision, or termination of the program and as to whether this Chapter should continue in effect, be amended, or be repealed. (Added by Ord. 482-80, App. 10/17/80)

The provisions of this Chapter, being necessary for the welfare of the City and County of San Francisco and its inhabitants, shall be liberally construed to effect its purposes. (Added by Ord. 482-80, App. 10/17/80)

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby. (Added by Ord. 482-80, App. 10/17/80)