San Francisco County Municipal Code Ch. 65 Rent Reduction and Relocation Plan for Tenants

INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE Sec. 65.1. Applicability. Sec. 65.2. Notice to Tenants. Sec. 65.3. Rent Reductions. Sec. 65.4. Habitable Rooms; Kitchens. Sec. 65.5. Rent Reduction Formula. Sec. 65.6. Relocation Requirements. Sec. 65.7. Relocation Assistance Notice. Sec. 65.8. Relocation Expenses. Sec. 65.9. Maximum Relocation Costs. Sec. 65.10. Rent Reductions or Relocation Payments.

This Chapter shall apply to all owners of residential dwelling units in San Francisco who perform seismic strengthening work on unreinforced masonry buildings pursuant to Chapters 14 and 15 of the San Francisco Building Code. (Added by Ord. 220-92, App. 7/14/92)

The owner or contractor shall post a notice on the tenant's door no later than 24 hours prior to beginning work in the tenant's dwelling unit. The notice shall also be delivered by first class mail or delivered in person or placed under the tenant's dwelling unit door. The notice shall state when a room or rooms are to be made available for the contractor and shall state when the tenant will have the room or rooms back for his or her use, and shall include other information as specified by the Director of the Rent Board. (Added by Ord. 220-92, App. 7/14/92)

A tenant who loses the use of one or more rooms during the course of the seismic strengthening program is entitled to reimbursement by the owner for lost use. For purposes of this chapter, "lost use" shall be defined as any loss of use of a room undergoing seismic work for the period stated in the contractor's notice as provided in Section 65.2 above. The permanent loss of one percent or less of the habitable square footage of the entire dwelling unit shall be deemed de minimis and therefore shall not constitute "lost use." If the permanent loss of habitable square footage of the entire dwelling unit exceeds one percent, then the Rent Board will determine whether or not the loss is de minimis. (Added by Ord. 220-92, App. 7/14/92)

For purposes of this Chapter, "rooms" are those habitable rooms defined in Section 203.8 of the San Francisco Housing Code. A legal kitchen is a habitable room. (Added by Ord. 220-92, App. 7/14/92)

The following method shall be used to calculate rent reductions: (a) Total daily rent is the monthly rent divided by 31; (b) Value of a room per day is the total daily rent divided by the number of rooms in the dwelling unit; (c) Days of lost use equals the number of days posted in the contractor's notice set forth in Section 65.2 above or the actual number of days that the room is unavailable for use, whichever is greater; (d) Value of a room per day times the number of days of lost use times the number of rooms lost equals the rent reduction; (e) For purposes of Subsection (d) above, a legal kitchen which has lost its use is counted as two rooms. For purposes of Subsection (b) above, a legal kitchen counts as one room; (f) In addition to any rent reduction authorized by Subsection (d) above, there shall be a rent reduction of 100 percent of the total daily rent after the first four hours of loss of heat, electricity or water in one or more usable rooms. There shall be a like reduction for every 24-hour period, or fraction thereof, until the heat, electricity or water is restored. (Added by Ord. 220-92, App. 7/14/92)

No tenant shall be required to vacate his or her dwelling unit during the course of the seismic strengthening of the building unless the owner offers the tenant one of the following: (a) A comparable dwelling unit in the same building; (b) A reasonably proximate, comparable dwelling unit in a building licensed by the City to provide relocation assistance and services to temporarily displaced tenants; or (c) Payment of $33 per tenant per day paid in advance at one-week intervals, unless the tenant must relocate for more than 21 days, in which case the payment shall be paid in advance at one-month intervals. (Added by Ord. 220-92, App. 7/14/92)

The owner shall notify the tenant at least 30 days in advance which form of relocation assistance will be available and, if applicable, the estimated total cash amount. The notice shall state the estimated length of time the tenant will be displaced from his or her dwelling unit. (Added by Ord. 220-92, App. 7/14/92)

At least 10 days prior to the relocation date on the notice in Section 65.7 above, the owner shall offer the tenant the services of a mover or a payment of $400 per room. (Added by Ord. 220-92, App. 7/14/92)

The owner's total liability for relocation costs under Sections 65.6, 65.7 and 65.8 shall not exceed $1,500 per dwelling unit per month. (Added by Ord. 220-92, App. 7/14/92)

A tenant who receives relocation assistance shall not receive a rent reduction for his or her dwelling unit under Section 65.3 above. (Added by Ord. 220-92, App. 7/14/92)