San Francisco rents have skyrocketed in recent years. Last year, the median rent increased sixteen percent to an absurd $4,225. Landlords know that they can capitalize on the rising rents if they can get rid of their rent-controlled tenants. This has led many unscrupulous landlords to find creative ways to force their tenants to move, including “low-fault” evictions and illegal harassment. Although the San Francisco Rent Ordinance provides strong protections to tenants, tenants often must hire aggressive tenants’ rights attorneys to protect their rights. Here are just a few of the ways that tenants’ rights are becoming a major issue in large urban areas.
Low-income housing is in short supply
A recent report in the New York Times highlighted this problem by explaining that in some areas of the country, housing costs take up to 70 percent of the household income for many low-income tenants. Likewise, as urban populations are growing, the cost of housing is skyrocketing. In San Francisco, the median price of a modest single family home or condo has hit seven figures. This is one reason so many San Franciscans choose to rent. But with shady landlords trying to remove their tenants and not enough residential units available, many residents are being displaced to tent communities, essentially being rendered homeless.
What happens when demand heavily outweighs supply? Exploitation
Since there are so few rental units with so many tenants in need, the situation has become ripe for exploitation. Landlords know they can quickly replace a non-paying tenant and can easily charge far more than what is reasonable. California Code Sections 1940 – 1954.1 address many of the exploitative behaviors a landlord may not employ. But even with such strong state protections in place, San Francisco goes further with its local Rent Ordinance. This law provides additional protection for San Francisco residents facing challenges with unfair housing practices, discrimination, and harassment.
Some of the ways the Rent Ordinance protects tenants
Here are just three of the ways the San Francisco Rent Ordinance protects renters.
Limitations on Rent Hikes
The Rent Ordinance limits how much a landlord can increase a tenant’s rent. Each year, the Rent Board publishes the annual allowable rent increase, which is set at 60% of the CPI for the San Francisco Bay Area. For rent increases effective March 1, 2016 to February 28, 2017, the annual allowable rent increase is 1.6%. A landlord can also “bank” past rent increases that were not previously imposed. Banked rent increases can be imposed all at once, which can result in substantial rent increases. Landlords often impose large banked rent increases in the hopes the tenant is not ready to pay the increased rent.
Tenant Harassment
Under Section 37.10B, a landlord may not harass a tenant in any of fourteen enumerated ways. Harassment can consist of threatening a tenant; attempting to evict a tenant through fraud, intimidation or coercion; or invading a tenant’s right to privacy. Importantly, harassment can also be simply refusing to make repairs; refusing to cash a rent check for over thirty days; or failing to provide basic housing services. The anti-harassment protections in the Rent Ordinance are very powerful. The penalty for harassment can be $1,000 per violation, or three times the tenant’s actually damages, whichever is larger. Also, a prevailing tenant, but not a prevailing landlord, can recover attorney fees in a harassment lawsuit. This provides significant protection and thereby negotiating leverage for a tenant.
Lock Outs
Under no circumstances may a landlord simply lock you out of your property. Evicting a tenant requires a proper legal procedure that provides due process in a court of law. A landlord cannot evict you hastily and unilaterally. In fact, a landlord performing a so-called “self-help” eviction may be guilty of a criminal misdemeanor.
What to do if you think your rights are being violated
If you believe your rights are being violated, you need skilled and knowledgeable legal representation by the best team you can get. The attorneys at Elke & Merchant LLP are aggressive and experienced litigators. Call for a free consultation today.