Tenants living with AIDS now have the same protection against rent increases as persons who receive federal vouchers, after a unanimous Board of Supervisors vote.
Previously, and for reasons that are not entirely clear, assistance recipients under the federal Housing Opportunities for Persons with AIDS (HOPWA) program were exempt from rent control rules, even if they lived in rent-controlled buildings. HOPWA participants, who have been diagnosed with AIDS and can document their income challenges, receive vouchers that cover a portion of their monthly rent. “People living with HIV/AIDS, who are often long-term survivors and seniors, need housing security as much as anyone,” declared Supervisor Scott Wiener, who sponsored the legislation.
The change affects an estimated 240 families in San Francisco.
Rent Control
In the Bay Area, home ownership is not an option for many individuals and families, at least in the short term, so renting is both a lifestyle and financial choice. But tenants have almost no bargaining power when it comes to the amount of rent, and, in many cities, building owners may unilaterally increase rent by almost any amount for almost any reason at almost any time.
Cities like San Francisco, Oakland, San Jose, and Los Angeles use some form of rent control to establish parity in bargaining power, at least to some extent. In San Francisco, the rent control law protects certain tenants according to:
- Building Age: With few exceptions, only properties built before June 13, 1979 are rent-controlled in San Francisco.
- Type of Building: Buildings with two or more units are covered by rent control. Condominiums and single-family homes are excluded.
The rent ordinance also bans most evictions, unless there is just cause. The eviction protections apply to all properties built before June 13, 1979 (including condominiums and single-family homes).
Landlords are only allowed to raise rents in rent-controlled properties a small percentage based on the inflation rate. For the period from March 1, 2016 to February 28, 2017, landlords could increase rent by a maximum 1.6 percent. Building owners can also defer increases. If the landlord can raise the rent 1 percent a year for four years, the landlord could wait until year four and apply a 4 percent increase. This is called “banking” a rent increase.
The landlord can also pass along some renovation and repair costs, if the Rent Board approves the increase. In any event, there can only be one increase a year, and the landlord must provide the tenant a 30 or 60 day notice.
Other Tenant Protection Laws
The Ellis Act allows a landlord to “go out of the rental business”. The landlord must evict all tenants in all units in the property. The landlord must also make relocation payments to the tenants. After an Ellis Act eviction, there are restrictions on re-renting the units for up to ten years. Incredibly, a landlord can use the Ellis Act even if the landlord just bought the building.
Some other protective laws include:
- A privacy law that prohibits owners from making unannounced visits or inspections, in most cases,
- Anti-retaliation laws that allow tenants to complain about living conditions and other items without fear of reprisal, and
- Protection for domestic violence victims.
All these laws, including the Ellis Act, apply to all landlords in the state.
Rely on Experienced Attorneys
Bay Area tenants have a number of important legal rights. For a confidential consultation with an experienced San Francisco tenant lawyer, contact Elke & Merchant, LLP. After hours appointments are available.