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WHAT IS RENT CONTROL?

Rent Control is a San Francisco law that was passed in San Francisco in June 1979. It is similar to laws passed in many locations throughout the country in the 70s to protect renters from unaffordable rent increases and to provide just cause eviction protections. Simply put, this means that under the City's rent control ordinance, a landlord can only raise the rent a certain percentage each year (set by the Rent Stabilization and Arbitration Board, more popularly known as the "Rent Board"), and s/he can only evict a tenant for one of the 14 just causes allowed under this law. Those causes include non-payment of rent, habitual late payment of rent and being a nuisance. For more information on rent increases and just causes, see our "Eviction" section. There is no vacancy control in San Francisco so when a tenant moves out, a landlord can unfortunately raise the rent to market value.

WHO'S COVERED?

Basically, all buildings built before June, 1979 are covered under rent control. If you live in a building that was built before June 1979 you should be covered--unless the building was condo-converted. Or you live in a single-family dwelling that you moved into after  January 1, 1996. Condo-converted buildings are not covered under rent control unless the original owner who did the condo conversion still owns it. However, if you moved into the condo before January 1, 1996, you are still covered.

Tenants who rent single-family houses, which used to be under rent control, are no longer under the price control portion of rent control. However, as with condos, if you moved in before January 1, 1996, then you can only receive the allowable yearly rent increase. Both condos and single-family dwellings are protected by just cause eviction protections, provided they were built before 1979. If you live in a single-family dwelling and there is an in-law unit attached to it, or a garage or basement apartment (whether or not this unit is legal), then your building is considered to have two units and you are fully protected under rent control. If you're not sure when your building was constructed, call the Accessor's Office (554-5596) or check online at www.sfgov.org and go to assessor's office and "SF parcel," then type in address). You will see a box that has "lot and block number." Click that and another box will appear with the date the building was constructed and how many units are in it.

NOT COVERED

Other units that are not covered by rent control include:

• Units or rooms in hospitals, convents, monasteries, extended care facilities, asylums, residential care facilities for the aged, and school dorms.
• Live/work lofts.
• Units that have undergone "substantial rehabilitation." Unit must be older than 50 years and be condemned or not qualify for a certificate of occupancy. Landlord must file with the Rent Board.
• Units or rooms in nonprofit cooperatives owned and controlled by a majority of the residents.
• Dwelling units solely owned by a nonprofit benefit corporation, the majority of whose board members are residents of the dwelling unit and where the bylaws require that rent increases be approved by a majority of the residents.
• Units in project-based, government-assisted or regulated housing (e.g., HUD or SF Housing Authority).

THE RENT BOARD

The Rent Board, the body charged with enforcing the Rent Ordinance and in dealing with tenant and landlord complaints pursuant to the law, is composed of five commissioners appointed by the Mayor: two tenant advocates, two landlord advocates and one neutral. There are also five alternates to fill in for these folks when needed. These commissioners formulate the everyday policy of the board as well as hear appeals on cases that tenants and landlords file. On a day-to-day basis, the Rent Board has counselors available to answer questions on the phone (9 am-4 pm). You can reach a counselor at (415) 252-4602. Counselors cannot give advice and usually refer tenants to the Housing Rights Committee or another tenant group in the City. But they can give you the basic facts or recommend a petition for you to file to address your complaint.

There are several petitions that tenants can file with the Rent Board, including: