|
||||
| IMPARTIAL
ANALYSIS BY THE CITY ATTORNEY |
||||
|
|
||||
|
This measure would amend the City’s Rent Control Law which is part of
the City Charter. The
amendments would, among other things, change provisions which define
“Housing Service,” govern maximum rents,
and limit evictions. Additionally,
the amendments would add a new section establishing a basic and general
prohibition against tenant harassment. The
proposed amendment to the definition of “Housing Service” would add
the right to have the same number of occupants as were entitled to
occupy the unit on the base date. This
amendment would clarify rights and responsibilities when an original tenant
moves out and a remaining tenant cannot obtain the landlord’s assent to a
new tenant occupying the unit. In
that case, the amendment would provide explicit recognition in the City
Charter of the remaining tenant’s right to petition for a rent decrease, a
right now recognized in Rent Control Board regulations. The
proposed amendment to the section governing maximum rents
would address situations in which a rental agreement specifies a
monthly rent but provides a discount for some fixed time period, such as all
or part of the first year. In
those situations, the amendment
would establish that the initial rental rate or base rent ceiling reflects
amounts actually paid. The
measure includes several amendments to the section of the Rent Control Law
governing evictions from controlled rental units.
One amendment would apply to situations in which a tenant makes a
written request to the landlord to approve replacement of a co-tenant or
subtenant with another tenant, and the landlord withholds approval.
The amendment would protect the
tenant against eviction based
on the new tenancy if the landlord’s refusal to approve the new tenant was
unreasonable. The amendment
also provides that a written request to approve a replacement tenant would
be deemed approved if the landlord failed to respond to the
request within fourteen days. Another
proposed amendment to the section governing evictions would apply when a
tenant’s spouse, children, and/or registered domestic partner remain in a
unit after the tenant vacates due to death or incapacity.
In that situation, the spouse, children and/or domestic partner would
be protected against eviction proceedings based upon a claim that their
occupancy violated the rental agreement if they had lived in the unit for
one year when the tenant vacated. Another
proposed amendment would require landlords to file copies of notices
terminating tenancies with the Rent Control Board within three days of
service upon tenants. Three day
notices to pay rent or quit would be exempt from this requirement.
Other proposed amendments to the
eviction section would incorporate landlords’ rights created by state law,
establish causes of action for actual or attempted wrongful eviction, and
clarify that violations of the section could be asserted as an affirmative
defenses in unlawful detainer actions. PREPARED
BY: Marsha
Jones Moutrie WORD COUNT: 481 Back to Election 2002 Main Page
This page was last modified on 01/23/2008 |
||||
