S.F. Police Code Article 49 § 4908
EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED (San Francisco Fair Chance Ordinance)
Operative Text
(a) It shall be unlawful for an Employer, Housing Provider, or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article. (b) It shall be unlawful for an Employer to refuse to hire an applicant, or to discharge, threaten to discharge, demote, suspend or otherwise take Adverse Action against an employee in retaliation for exercising rights protected under this Article. Such rights include but are not limited to: (1) the right to file a complaint or inform any person about any Employer's alleged violation of this Article; (2) the right to inform any person about an Employer's alleged violation of this Article; (3) the right to cooperate with the OLSE or other persons in the investigation or prosecution of any alleged violation of this Article; (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or (5) the right to inform any person of his or her rights under this Article. (c) It shall be unlawful for a Housing Provider to interrupt, terminate, or fail or refuse to initiate or conduct a transaction involving the rental or lease of residential real property, including falsely representing that a residential unit is not available for rental or lease, or otherwise take Adverse Action against a person in retaliation for exercising rights protected under this Article. Such rights include but are not limited to: (1) the right to file a complaint or inform any person about any Housing Provider's alleged violation of this Article; (2) the right to inform any person about a Housing Provider's alleged violation of this Article; (3) the right to cooperate with the HRC or other persons in the investigation or prosecution of any alleged violation of this Article; (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or (5) the right to inform any person of his or her rights under this Article. (d) Protections of this Section 4908 shall apply to any person who mistakenly but in good faith alleges violations of this Article. (e) Taking Adverse Action against a person within 90 days of the exercise of one or more of the rights described in this Section 4908 shall create a rebuttable presumption that such Adverse Action was taken in retaliation for the exercise of those rights.
San Francisco Police Code Article 49 § 4908 prohibits both employers and housing providers from retaliating against anyone who exercises rights protected under Article 49. On the housing side, a housing provider may not interrupt, terminate, or refuse to initiate a rental transaction—including falsely claiming a unit is unavailable—because a person asserted their rights under the Article. Importantly, good-faith but mistaken allegations of a violation are still protected, and any adverse action taken within 90 days of a protected activity is presumed by law to be retaliatory, placing the burden on the housing provider to prove otherwise.
Plain English — not legal advice.
Under S.F. Police Code Article 49 § 4908, housing providers are expected to ensure that leasing decisions, tenancy actions, and communications about unit availability are made entirely independent of whether a prospective or current tenant has filed a complaint, cooperated with the Human Rights Commission (HRC), or otherwise exercised rights under Article 49. Compliant operators document the legitimate, non-retaliatory business reasons behind any adverse housing action, particularly when that action occurs within 90 days of a tenant's protected activity, since the law creates a rebuttable presumption of retaliation in that window. Training leasing staff to recognize protected activities and to avoid even the appearance of retaliatory conduct is a hallmark of compliant housing operations under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4908 of S.F. Police Code Article 49 protects tenants and housing applicants from retaliation when they file complaints, share information about a housing provider's alleged violations, cooperate with the HRC's investigations, or simply tell others about their rights under the Article. If a housing provider takes an adverse action—such as refusing to rent, issuing a notice, or falsely claiming a unit is unavailable—within 90 days of a protected activity, the law presumes that action was retaliatory. Tenants who believe they have experienced retaliation may consider filing a complaint with the HRC, raising the retaliation as a defense in any related proceeding, or reaching out to a local tenant-rights organization for general information about available 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 October 12, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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