S.F. Admin. Code ch. 37 § 37.2

(a) Base Rent.

                        (1) That rent which is charged a tenant upon initial occupancy plus any rent

     increase allowable and imposed under this chapter; provided, however, that,

                                  (A) Base rent shall not include increases imposed pursuant to Section

           37.7.

                                  (B) Base rent shall not include utility passthroughs or water revenue bond

           passthroughs or general obligation bond passthroughs pursuant to Sections 37.2(q),

           37.3(a)(5)(B), and 37.3(a)(6).

                                  (C) Base rent for tenants of RAP rental units in areas designated on or

           after July 1, 1977 shall be that rent which was established pursuant to Section 32.73-1 of

           the San Francisco Administrative Code. Rent increases attributable to the Chief

           Administrative Officer's amortization of a RAP loan in an area designated on or after July 1,

           1977 shall not be included in the base rent.

                                  (D) Good Samaritan Status. As of February 8, 2011 and after, Good

           Samaritan occupancy status occurs when a landlord and new tenant agree in writing for

           the tenant to commence temporary occupancy following an emergency such as fire,

earthquake, landslide, or similar emergency situation, that required unexpected vacation of

 the tenant’s previous unit, and the agreement includes a reduced rent rate for the

 replacement unit for a specified period of time up to twelve (12) months (“Original Good

 Samaritan Status Period”). “Reduced rent rate” means the base rent the tenant was paying

 for the previous unit at the time of the emergency or an amount up to ten (10) percent

 above that amount, except that if the owner of the previous unit is the same as the owner

 of the replacement unit then “reduced rent rate” means the rent the tenant was paying for

 the previous unit at the time of the emergency. For Good Samaritan Status to exist, the

 written agreement as referenced in this Subsection must include a statement that the

 agreement is temporary in nature, must refer to this Subsection, and must state that the

 tenant has been displaced from his or her previous unit as certified in Subsection (iii),

 below.

                                  (i) The landlord and tenant may agree, in writing, to extend the

 reduced rent rate for a period of time beyond the Original Good Samaritan Status Period,

 up to a total of twenty-four (24) months from the beginning to the end of all Good

 Samaritan Status (“Extended Good Samaritan Status Period”).

                                  (ii) By accepting occupancy in Good Samaritan Status, a tenant

 does not waive any right to compensation or any right to return to the tenant’s previous unit

 that he or she otherwise may have under Chapter 37 or other source of law based on the

 emergency vacation of the tenant’s previous unit.

                                  (iii) Good Samaritan Status may only be utilized upon certification

 in writing by one of the following officials, or his or her designee, that as a result of fire,

 earthquake, landslide, or similar emergency situation, the tenant’s previous unit is in such

 condition that, as a matter of public health and safety and as a matter of habitability, the

 tenant cannot or should not reside there until the unit has been appropriately repaired:

 Mayor; Fire Chief; Director of the Department of Building Inspection; Director of the

 Department of Public Health; or Other Official as authorized by law. The Rent Board shall

 make a form available, that the Official may use for this purpose.

(iv) The tenant’s rent increase anniversary date for a Good

 Samaritan occupancy shall be the date the tenancy commenced; the first annual allowable

 increase shall take effect no less than one year from the anniversary date, but when

 imposed after one year, shall set a new anniversary date for the imposition of future rent

 increases. The base rent used for calculation of the annual allowable increase pursuant to

 Section 37.3(a)(1) during a Good Samaritan occupancy, shall be the reduced rent rate in

 effect on the date the Good Samaritan occupancy commences.

                                  (v) The landlord may serve a notice of termination of tenancy

 under Section 37.9(a)(16) within 60 days after expiration of the Original and any Extended

 Good Samaritan Status Period. Alternatively, within sixty (60) days after expiration of the

 Original and any Extended Good Samaritan Status Period, if the Good Samaritan rental

 agreement states the dollar amount of the tenant’s initial base rent that can be imposed

 after expiration of the Original and any Extended Good Samaritan Status Period, the

 landlord may give legal notice of the rent increase to the tenant and then increase the

 tenant’s rent from the temporary reduced rent rate to the previously agreed upon initial

 base rent for the unit.

                                  (vi) The Rent Board shall make a form available that explains the

 temporary nature of tenant occupancy in Good Samaritan Status, and describes the other

 provisions of Section 37.2(a)(1)(D)(v).

                        The Good Samaritan landlord shall provide the tenant with this disclosure

 form prior to commencement of the Good Samaritan tenancy. However, failure by the

 landlord to provide the tenant with such disclosure form:

                   §    Will not prevent the landlord from serving a notice of termination of

           tenancy under Section 37.9(a)(16) within sixty (60) days after expiration of the

           Original and any Extended Good Samaritan Status Period.

                   §    Will not prevent the landlord from serving a notice of rent increase within

           sixty (60) days after expiration of the Original and any Extended Good Samaritan

           Status Period, to increase to the previously agreed upon initial base rent for the

unit, as provided in Section 37.2(a)(1)(D)(v).

                     §    Will not otherwise impact any rights that the landlord may have regarding

             the tenancy.

                (2) From and after August 30, 1998, the base rent for tenants occupying rental

units which have received certain tenant-based or project-based rental assistance shall be as

follows:

                          (A) With respect to tenant-based rental assistance:

                                    (i) For any tenant receiving tenant-based rental assistance as of

August 30, 1998 under a program that does not establish the tenant’s share of base rent as a

fixed percentage of a tenant’s income, such as in the Housing Choice Voucher Program or the

Over-FMR Tenancy program, and continuing to receive such tenant-based rental assistance

thereafter, the initial base rent for each unit occupied by such tenant shall be the rent payable for

that unit under the Housing Assistance Payments contract, as amended, between the San

Francisco Housing Authority or the Human Services Agency and the landlord (the "HAP

Contract") with respect to that unit immediately prior to August 30, 1998 (the "HAP Contract

Rent").

                                    (ii) For any tenant receiving tenant-based rental assistance under

a program that does not establish the tenant’s share of base rent as a fixed percentage of a

tenant’s income, such as in the Housing Choice Voucher Program or the Over-FMR Tenancy

program, and commencing occupancy of a rental unit after August 30, 1998, the initial base rent

for each unit occupied by such a tenant shall be the HAP Contract Rent in effect as of the date

the tenant commences occupancy of such unit.

                                    (iii) For any tenant receiving rental assistance under the HOPWA

rental subsidy program as of May 17, 2016, and continuing to receive such assistance under the

HOPWA rental subsidy program thereafter, the initial base rent for each unit occupied by such

tenant shall be the HAP Contract Rent in effect as of May 17, 2016.

                                    (iv) For any tenant receiving rental assistance under the HOPWA

rental subsidy program who commenced occupancy of a rental unit after May 17, 2016, the initial

base rent for each unit occupied by such tenant shall be the HAP Contract Rent in effect as of

the date the tenant commences occupancy of such unit.

                                    (v) For any tenant whose tenant-based rental assistance

terminates or expires, for whatever reason, after August 30, 1998, the base rent for each such

unit following expiration or termination shall be the HAP Contract Rent in effect for that unit

immediately prior to the expiration or termination of the tenant-based rental assistance.

                          (B) For any tenant occupying a unit upon the expiration or termination, for

whatever reason, of a project-based HAP Contract under Section 8 of the United States Housing

Act of 1937 (42 USC §1437f, as amended), the base rent for each such unit following expiration

or termination shall be the "contract rent" in effect for that unit immediately prior to the expiration

or termination of the project-based HAP Contract.

                          (C) For any tenant occupying a unit upon the prepayment or expiration of

any mortgage insured by the United States Department of Housing and Urban Development

("HUD"), including but not limited to mortgages provided under sections 221(d)(3), 221(d)(4) and

236 of the National Housing Act (12 USC §1715z-1), the base rent for each such unit shall be

the "basic rental charge" (described in 12 USC 1715z-1(f), or successor legislation) in effect for

that unit immediately prior to the prepayment of the mortgage, which charge excludes the

"interest reduction payment" attributable to that unit prior to the mortgage prepayment or

expiration.

     (b) Board. The Residential Rent Stabilization and Arbitration Board.

     (c) Capital Improvements. Those improvements which materially add to the value of the

property, appreciably prolong its useful life, or adapt it to new uses, and which may be amortized

over the useful life of the improvement of the building.

     (d) CPI. Consumer Price Index for all Urban Consumers for the San Francisco-Oakland

Metropolitan Area, U.S. Department of Labor.

     (e) Energy Conservation Improvements. Work performed pursuant to the requirements

of Chapter 12 of the San Francisco Housing Code.

     (f) Administrative Law Judge. A person, designated by the board, who arbitrates and

mediates rental increase disputes, and performs other duties as required pursuant to this

Chapter 37.

     (g) Housing Services. Services provided by the landlord connected with the use or

occupancy of a rental unit including, but not limited to: quiet enjoyment of the premises, without

harassment by the landlord as provided in Section 37.10B; repairs; replacement; maintenance;

painting; light; heat; water; elevator service; laundry facilities and privileges; janitor service;

refuse removal; furnishings; telephone; parking; rights permitted the tenant by agreement,

including the right to have a specific number of occupants, whether express or implied, and

whether or not the agreement prohibits subletting and/or assignment; and any other benefits,

privileges or facilities.

     (h) Landlord. An owner, lessor, sublessor, who receives or is entitled to receive rent for

the use and occupancy of any residential rental unit or portion thereof in the City and County of

San Francisco, and the agent, representative or successor of any of the foregoing.

     (i) Member. A member of the Residential Rent Stabilization and Arbitration Board.

     (j) Over FMR Tenancy Program. A regular certificate tenancy program whereby the

base rent, together with a utility allowance in an amount determined by HUD, exceeds the fair

market rent limitation for a particular unit size as determined by HUD.

     (k) Payment Standard. An amount determined by the San Francisco Housing Authority

that is used to determine the amount of assistance paid by the San Francisco Housing Authority

on behalf of a tenant under the Housing Choice Voucher Program (24 CFR Part 982). The term

“payment standard” shall also refer to the rent standard used to determine the amount of

assistance paid by the Human Services Agency under the HOPWA rental subsidy program (24

CFR Part 574).

     (l) Rap. Residential Rehabilitation Loan Program (Chapter 32, San Francisco

Administrative Code).

     (m) RAP Rental Units. Residential dwelling units subject to RAP loans pursuant to

Chapter 32, San Francisco Administrative Code.

     (n) Real Estate Department. A city department in the City and County of San Francisco.

(o) Rehabilitation Work. Any rehabilitation or repair work done by the landlord with

regard to a rental unit, or to the common areas of the structure containing the rental unit, which

work was done in order to be in compliance with State or local law, or was done to repair

damage resulting from fire, earthquake or other casualty or natural disaster.

     (p) Rent. The consideration, including any bonus, benefits or gratuity, demanded or

received by a landlord for or in connection with the use or occupancy of a rental unit, or the

assignment of a lease for such a unit, including but not limited to monies demanded or paid for

parking, furnishings, food service, housing services of any kind, or subletting.

     (q) Rent Increases. Any additional monies demanded or paid for rent as defined in item

(p) above, or any reduction in housing services without a corresponding reduction in the monies

demanded or paid for rent; provided, however, that: (1) where the landlord has been paying the

tenant's utilities and the cost of those utilities increases, the landlord's passing through to the

tenant of such increased costs pursuant to this Chapter does not constitute a rent increase; (2)

where there has been a change in the landlord's property tax attributable to a general obligation

bond approved by the voters between November 1, 1996 and November 30, 1998, or after

November 14, 2002, the landlord's passing through to the tenant of such increased costs in

accordance with this Chapter (see Section 37.3(a)(6)) does not constitute a rent increase; (3)

where there has been a change in the landlord's property tax attributable to a San Francisco

Unified School District or San Francisco Community College District general obligation bond

approved by the voters after November 1, 2006, the landlord's passing through to the tenant of

such increased costs in accordance with this Chapter (see Section 37.3(a)(6)) does not

constitute a rent increase; and (4) where water bill charges are attributable to water rate

increases resulting from issuance of water revenue bonds authorized at the November 5, 2002

election, the landlord's passing through to the tenant of such increased costs in accordance with

this Chapter (see Section 37.3(a)(5)(B)) does not constitute a rent increase.

     (r) Rental Units. All residential dwelling units in the City and County of San Francisco

together with the land and appurtenant buildings thereto, and all housing services, privileges,

furnishings and facilities supplied in connection with the use or occupancy thereof, including

garage and parking facilities.

     Garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks,

patios, or gardens on the same lot, or kitchen facilities or lobbies in single room occupancy

(SRO) hotels, supplied in connection with the use or occupancy of a unit, may not be severed

from the tenancy by the landlord without just cause as required by Section 37.9(a). Any

severance, reduction or removal permitted under this Section 37.2(r) shall be offset by a

corresponding reduction in rent. Either a landlord or a tenant may file a petition with the Rent

Board to determine the amount of the rent reduction.

     Notwithstanding the preceding paragraph, a landlord may temporarily sever one or more

housing services listed in that paragraph in order to perform seismic work required by Building

Code Chapter 34B “Mandatory Earthquake Retrofit of Wood-Frame Buildings” (“mandatory

seismic work”) if: (1) the landlord has given the notice to temporarily sever as required by

Administrative Code Section 65A.2; (2) the landlord has obtained all necessary permits on or

before the date the notice to temporarily sever is given; (3) the housing service(s) will only be

severed for the minimum time required to complete the mandatory seismic work and in no event

for a longer period than provided by Building Code Section 106A.4.4, Table B; and (4) the

temporarily severed housing service(s) will be fully restored immediately upon completion of the

mandatory seismic work. For such temporary severance of one or more of the specified housing

services due to mandatory seismic work required by Building Code Chapter 34B, tenants will not

be entitled to a reduction in rent, but tenants shall be entitled to either compensation or a

substitute housing service as provided in Administrative Code Chapter 65A.

     The term "rental units" shall not include:

                (1) Housing accommodations in hotels, motels, inns, tourist houses, rooming and

boarding houses, provided that at such time as an accommodation has been occupied by a

tenant for thirty-two (32) continuous days or more, such accommodation shall become a rental

unit subject to the provisions of this chapter; provided further, no landlord shall bring an action to

recover possession of such unit in order to avoid having the unit come within the provisions of

this chapter. An eviction for a purpose not permitted under Sec. 37.9(a) shall be deemed to be

an action to recover possession in order to avoid having a unit come within the provisions of this

Chapter;

                (2) Dwelling units in non-profit cooperatives owned, occupied and controlled by a

majority of the residents or dwelling units solely owned by a non-profit public benefit corporation

governed by a board of directors the majority of which are residents of the dwelling units and

where it is required in the corporate by-laws that rent increases be approved by a majority of the

residents;

                (3) Housing accommodations in any hospital, convent, monastery, extended care

facility, asylum, residential care or adult day health care facility for the elderly which must be

operated pursuant to a license issued by the California Department of Social Services, as

required by California Health and Safety Chapters 3.2 and 3.3, or in dormitories owned and

operated by an institution of higher education, a high school, or an elementary school;

                (4) Except as provided in Subsections (A),(B) and (C), dwelling units whose rents

are controlled or regulated by any government unit, agency or authority, excepting those

unsubsidized and/or unassisted units which are insured by the United States Department of

Housing and Urban Development; provided, however, that units in unreinforced masonry

buildings which have undergone seismic strengthening in accordance with Building Code

Chapters 16B and 16C shall remain subject to the Rent Ordinance to the extent that the

Ordinance is not in conflict with the seismic strengthening bond program or with the program's

loan agreements or with any regulations promulgated thereunder;

                          (A) For purposes of sections 37.2, 37.3(a)(10)(A), 37.4, 37.5, 37.6. 37.9,

37.9A, 37.10A, 37.11A and 37.13, and the arbitration provisions of sections 37.8 and 37.8A

applicable only to the provisions of section 37.3(a)(10)(A), the term "rental units" shall include

units occupied by recipients of tenant-based rental assistance where the tenant-based rental

assistance program does not establish the tenant's share of base rent as a fixed percentage of a

tenant's income, such as in the Housing Choice Voucher Program and the Over-FMR Tenancy

program, and shall also include units occupied by recipients of tenant-based rental assistance

under the HOPWA rental subsidy program;

(B) For purposes of sections 37.2, 37.3(a)(10)(B), 37.4, 37.5, 37.6, 37.9,

37.9A, 37.10A, 37.11A and 37.13, the term "rental units" shall include units occupied by

recipients of tenant-based rental assistance where the rent payable by the tenant under the

tenant-based rental assistance program is a fixed percentage of the tenant's income, such as in

the Section 8 Certificate Program;

                          (C) The term "rental units" shall include units in a building for which tax

credits are reserved or obtained pursuant to the federal low income housing tax credit program

(LIHTC, Section 42 of the Internal Revenue Code, 26 U.S.C. Section 42), that satisfy the

following criteria:

                                    (i) Where a tenant's occupancy of the unit began before the

applicable LIHTC regulatory agreement was recorded; and

                                    (ii) Where the rent is not controlled or regulated by any use

restrictions imposed by the City and County of San Francisco, the San Francisco

Redevelopment Agency, the State of California Office of Housing and Community Development,

or the United States Department of Housing and Urban Development.

                          Nothing in this Section 37.2(r)(4)(C) precludes a landlord from seeking an

exemption from rent regulation on the basis of substantial rehabilitation under Section 37.3(g).

                          This Section 37.2(r)(4)(C) definition of "rental unit" shall apply to any unit

where the qualifying tenant (see Section 37.2(r)(4)(C)(i)) is in possession of the unit on or after

January 19, 2007, including but not limited to any unit where the tenant has been served with a

notice to quit but has not vacated the unit and there is no final judgment against the tenant for

possession of the unit as of January 19, 2007.

                          (D) The term “rental units” shall include Accessory Dwelling Units

constructed pursuant to Section 207(c)(4) of the Planning Code and that have received a waiver

of the density limits and/or the parking, rear yard, and open space standards from the Zoning

Administrator pursuant to Planning Code Section 307(l).

     (s) Substantial Rehabilitation. The renovation, alteration or remodeling of residential

units of 50 or more years of age which have been condemned or which do not qualify for

certificates of occupancy or which require substantial renovation in order to conform the building

to contemporary standards for decent, safe and sanitary housing. Substantial rehabilitation may

vary in degree from gutting and extensive reconstruction to extensive improvements that cure

substantial deferred maintenance. Cosmetic improvements alone such as painting, decorating

and minor repairs, or other work which can be performed safely without having the unit vacated

do not qualify as substantial rehabilitation.

     (t) Tenant. A person entitled by written or oral agreement, sub-tenancy approved by the

landlord, or by sufferance, to occupy a residential dwelling unit to the exclusion of others.

     (u) Tenant-based Rental Assistance. Rental assistance provided directly to a tenant or

directly to a landlord on behalf of a particular tenant, which includes but shall not be limited to

certificates, vouchers, and subsidies issued pursuant to Section 8 of the United States Housing

Act of 1937, as amended (42 U.S.C. Section 1437f), or the HOPWA program (24 CFR Part 574).

     (v) Utilities. The term "utilities" shall refer to gas and electricity exclusively.

     (w) Victims of Domestic Violence, Sexual Assault, or Stalking.

                (1) “Victim of domestic violence or sexual assault or stalking” means any person

who has been, or is currently being, subjected to one or more of the following:

                          (A) “Domestic violence,” as defined in Section 13700 of the Penal Code

or Section 6211 of the Family Code;

                          (B) “Sexual assault,” as defined in Sections 261, 261.5, 262, 286, 288a,

or 289 of the Penal Code; or

                          (C) “Stalking,” as defined in Section 646.9 of the Penal Code or Section

1708.7 of the Civil Code.

                (2) “Protective order” means a temporary restraining order or emergency

protective order issued pursuant to Part 3 (commencing with Section 6240) or Part 4

(commencing with Section 6300) or Part 5 (commencing with Section 6400) of the Family Code,

Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5

of the Welfare and Institutions Code, that protects the tenant or household member from further

domestic violence, sexual assault, or stalking.

(3) “Qualified third party” means a peace officer or victim advocate employed by

a state or local law enforcement agency, or Licensed Clinical Social Worker (LCSW) or Marriage

and Family Therapist (MFT), acting in his or her official capacity;

                (4) “Written documentation from a qualified third party” means a document

signed and dated within the preceding 60 days by a qualified third party stating all of the

following:

                          (A) That the tenant notified the qualified third party that he or she was a

victim of domestic violence or sexual assault or stalking;

                          (B) The time, date, and location of the act or acts that constitute the

domestic violence or sexual assault or stalking; and

                          (C) That the tenant informed the qualified third party of the name of the

alleged perpetrator of the act or acts of domestic violence or sexual assault or stalking, if known

to the victim.