S.F. Police Code Article 49 § 4912
HOUSING PROVIDER RECORDS (San Francisco Fair Chance Ordinance)
Operative Text
(a) A Housing Provider shall maintain and retain records of tenant application forms, and other pertinent data and records required under this Article, for a period of three years, and shall allow the HRC access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article. (b) A Housing Provider shall provide information to the HRC, or the HRC's designee, on an annual basis as may be required to verify the Housing Provider's compliance with this Article. (c) In no event shall the HRC require a Housing Provider to provide any information or documents the disclosure of which would violate state or federal law. (d) Where a Housing Provider does not maintain or retain adequate records documenting compliance with this Article or does not allow the HRC reasonable access to such records, it shall be presumed that the Housing Provider did not comply with this Article, absent clear and convincing evidence otherwise. The Office of Treasurer and Tax Collector shall have the authority to provide any and all nonfinancial information to the HRC necessary to fulfill the HRC's responsibilities as the enforcing agency under this Article. With regard to all such information provided by the Office of Treasurer and Tax Collector, the HRC shall be subject to the confidentiality provisions of Subsection (a) of Section 6.22-1 of the San Francisco Business and Tax Regulations Code. (e) Pursuant to its rulemaking authority under this Article, the HRC shall adopt rules that establish procedures for Housing Providers to maintain and retain accurate records and to provide annual reporting of compliance to the HRC in a manner that does not require disclosure of any information that would violate State or Federal privacy laws. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing
San Francisco Police Code Article 49 § 4912 establishes recordkeeping and reporting obligations for housing providers operating under Article 49. Tenant application forms and other required documents must be kept for at least three years and made accessible to the Human Rights Commission (HRC) for compliance monitoring, with appropriate notice and at a mutually agreeable time. Annual reporting to the HRC is also required to verify compliance, though the HRC cannot compel disclosure of information that would violate state or federal law. Critically, failing to maintain adequate records or denying the HRC reasonable access creates a legal presumption of non-compliance, unless the housing provider can demonstrate otherwise by clear and convincing evidence.
Plain English — not legal advice.
Under S.F. Police Code Article 49 § 4912, compliant housing providers generally establish a systematic process for collecting and retaining tenant application forms and other Article 49-required documents for a minimum of three years. Operators typically prepare for HRC access requests by organizing records in a way that allows timely production at a mutually agreeable time, and they fulfill annual reporting requirements as the HRC prescribes through its rulemaking. Because § 4912(d) places a presumption of non-compliance on housing providers who lack adequate records or deny reasonable HRC access, maintaining thorough and well-organized documentation is a central operational practice under this Article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.F. Police Code Article 49 § 4912 supports tenant interests indirectly by requiring housing providers to document and demonstrate their compliance with Article 49's requirements, with the HRC serving as the enforcing agency. The provision's presumption of non-compliance in § 4912(d) — triggered when a housing provider cannot produce adequate records — can be a meaningful factor in HRC enforcement proceedings. Tenants who believe a housing provider has failed to meet Article 49 obligations may consider filing a complaint with the San Francisco Human Rights Commission or reaching out to a local tenant-rights organization to understand what enforcement paths may be available.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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