S.F. Admin. Code ch. 37 § 37.8C
Temporary Moratorium on Rent Board Processing or Approval of (San Francisco Rent Ordinance)
Operative Text
Landlord Petitions for Certification and Passthrough of Non-Seismic
Capital Improvement, Rehabilitation and Energy Conservation Costs to
Tenants, During Pendency of the Superior Court Preliminary Injunction
Staying Implementation of November 2000 Proposition H.
[Added by Ordinance No. 29-01, effective April 1, 2001]
The Board, Administrative Law Judges and other Board staff, are prohibited from
processing or approving landlord petitions for certification and passthrough of capital
improvement, rehabilitation and energy conservation costs to tenants, for a temporary
moratorium period commencing on April 1, 2001 and continuing until the San Francisco Superior
Court dissolves its preliminary injunction staying the implementation of November 2000
Proposition H (entered December 20, 2000, in Quigg v. City and County of San Francisco, et al.,
San Francisco Superior Court Case No. 316928), except that petitions which seek only
certification and passthrough of seismic retrofit work shall not be affected by this moratorium.
This moratorium applies to petitions pending as of the effective date of this ordinance [April 1,
2001] and to any landlord petitions filed during the moratorium, whether based on Section
37.3(a)(3), 37.7 and/or 37.8A.Section 37.8C of S.F. Admin. Code Chapter 37 established a temporary moratorium that barred the Rent Board from processing or approving landlord petitions to pass through capital improvement, rehabilitation, and energy conservation costs to tenants, effective April 1, 2001. The freeze applied to both pending and newly filed petitions until the San Francisco Superior Court lifted its preliminary injunction blocking Proposition H, with one exception: petitions seeking passthrough of seismic retrofit costs were explicitly excluded from the moratorium.
Plain English — not legal advice.
Under § 37.8C, compliant operators during the moratorium period refrained from pursuing Rent Board approval for non-seismic capital improvement, rehabilitation, or energy conservation passthroughs, recognizing that such petitions would not be processed while the court injunction remained in place. Operators whose petitions involved only seismic retrofit work were not subject to this freeze and could continue through the normal certification process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37.8C gave tenants a basis to challenge any non-seismic capital improvement, rehabilitation, or energy conservation passthrough that a landlord attempted to impose during the moratorium period beginning April 1, 2001. Tenants who believed a passthrough charge was improperly applied during this period could raise the moratorium as a relevant consideration, contact the San Francisco Rent Board directly, or reach out to a tenant-rights organization for general information about their options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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