The Rent Board (415-252-4602) is the administrative body responsible for administering the Rent Ordinance and arbitrating fair rents in San Francisco. The San Francisco Rent Ordinance limits rent increases for apartments covered under the Ordinance. As of November 1994, all apartments built in San Francisco before June 15, 1979 are covered under rent control. Units which are exempt from the Ordinance are those units subsidized by the government, non-profit buildings, and institutional properties. Tenants who reside in residential hotels are covered by the Rent Ordinance after residing in the same unit for 32 days. Tenants in single-family homes and condos, in certain cases, lost rent control on January 1, 1999. For more information call us at 703 - 8644. Persons renting TICs (tenancies in common) should also call us for info on whether they are covered by rent control.

If you do not live in a rent-controlled apartment, there are no restrictions on rent increases other than those imposed by your lease or rental agreement.

Some increases (i.e., pass-throughs that are not the normal allowable yearly rent increase) require Rent Board approval, others do not. It is a good idea to check with The Housing Rights Committee or the Rent Board to determine if your increase is legal. Since there are some statutes of limitations, it may be difficult for you to rectify an improper increase later.

ALLOWABLE RENT INCREASE

Landlords are allowed annual rent increases set by the Rent Board. On March 1st of every year, the Rent Board publishes the allowable rent increase for the following twelve months. Annual rent increases do not require Rent Board approval. However, a tenant must be given a written 30-day notice of a rent increase.

BANKING

Banking is when a landlord chooses not to impose a rent increase at the time it comes due, but instead imposes it in a later year. Increases can be banked back to 1982. However, if the increase is 10% or more, then the landlord must give a 60-day notice.

To calculate the proper amount of a banked increase, it is necessary to know the allowable rent increase for each year. When figuring out the banked increase, add up all the percentages for the years (e.g., .8 + .6 = 1.4%. Multiply the 1.4% by the base rent and you have the amount the rent can be raised.

• Until March 1, 1984 the allowable rent increase was 7.0%.
• March 1, 1984 and Dec. 8, 1992 the allowable rent increase: 4.0%.
• Dec. 8, 1992 and March 1, 1993 the allowable rent increase: 1.6%.
• March 1, 1993 and Feb. 28, 1994 the allowable rent increase: 1.9%.
• March 1, 1994 and Feb. 28, 1995 the allowable rent increase: 1.3%.
• March 1, 1995 and Feb. 28, 1996, the allowable rent increase: 1.1%.
• March 1, 1996 and Feb. 28, 1997 the allowable increase was 1.0%.
• March 1, 1997 and Feb. 28, 1998, the allowable increase was 1.8%.
• March 1, 1998 and Feb. 28, 1999 the allowable increase was 2.2%.
• March 1, 1999 and Feb. 28, 2000, the allowable increase was 1.7%.
• March 1, 2000 and Feb. 28, 2001, the allowable increase was 2.9%.
• March 1, 2001 and Feb. 28, 2002, the allowable increase was 2.8%.
• March 1, 2002 and Feb. 28, 2003, the allowable increase was 2.7%.
• March 1, 2003 and Feb. 28, 2004, the allowable increase was 0.8%.
• March 1, 2004 and Feb. 28, 2005, the allowable increase was 0.6%.
• March 1, 2005 and Feb. 28, 2006, the allowable increase was 1.2%.
• March 1, 2006 and Feb. 28, 2007, the allowable increase was 1.7%.
• March 1, 2007 and February 28, 2008, the allowable increase is 1.5%.
• Macrh 1, 2008 and February 28, 2009, the allowable increase is 2.0%
  

UTILITY PASSTHROUGHS

Landlords can increase tenants' rent to cover increases in the cost of utilities such as electricity and water. Utility increases do not require rent board approval.

If landlords pay the PG&E and water bill and can show that these costs have gone up, they are allowed to pass the increase in costs onto the tenant. Also, if the landlord pays the water bill and is fined because too much water was used in the building, the landlord is allowed to charge the tenants in the building a portion of that penalty, as long as there are water conversion devices installed in the bathrooms.

The Rent Ordinance rules specifically state how these pass-throughs are calculated. It is a good idea to check the rules to make sure the increase has been calculated properly. A tenant is entitled to proper notice before paying for a utility pass-through. Ask the landlord to provide documentation, i.e. the bill of past and current months, that proves that the rates have gone up significantly. The law requires that landlords disclose any shared utility arrangement to tenants before they sign any rental agreement.

TENANT DEFENSE

There are several petitions tenants may file with the Rent Board to oppose a rent increase. When filing any of these petitions tenants must also file a Tenant Petition for Arbitration. The Rent Board will assist you in filling out these petitions. Whenever you file a petition, keep a copy and give a copy to your landlord. If your landlord realizes you intend to take action, it may be possible to negotiate a settlement before the hearing.

SUMMARY PETITION

If you believe that your rent has been wrongfully increased, you can file a Summary Petition at the Rent Board. The Tenant Summary Petition alleges a wrongful rent increase and requires the Rent Board to investigate. If the Rent Board determines that the increase is illegal, the rent will be reset to the correct amount and the landlord will be ordered to refund the entire increase for the period it was incorrect. Rents can be re-funded for a total of three years and can be reset back to 1982 levels.

FAILURE TO REPAIR

Tenants can file a Failure to Repair and Maintain Petition only when they have received a notice of a rent increase. In a Failure To Repair and Maintain Petition, the tenant alleges the landlord is not entitled to a rent increase because they have refused to make requested repairs which are required under the law. The burden of proof is on the tenant. The tenant must prove that he/she has requested to have the repairs made and that the landlord has not made the repairs within a reasonable time.

To help your defense:

• Write a letter to the landlord requesting that the repairs be made. Keep a copy of all documentation.
• Take photographs of the problem and if possible have a witness sign a statement.
• Call the Department of Building Inspectors to inspect the unit. If the inspector serves a notice of violation to the landlord make sure you request a copy.
  
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