S.F. Police Code Article 49 § 4916
PREEMPTION (San Francisco Fair Chance Ordinance)
Operative Text
The City recognizes that in some circumstances state or federal law governs some of the matters addressed in this Article. Nothing in this Article shall be interpreted or applied by a court or an agency of City government so as to create any requirement, power, or duty in conflict with federal or state law or with a requirement of any government agency, including any agency of City government, implementing federal or state law. Consistent with the foregoing preemption principle, for example, the OLSE and the HRC are authorized to not enforce any provision of this Article upon determining that its application in a particular context would conflict with federal or state law or with a requirement of a government agency implementing federal or state law. As another example consistent with the foregoing preemption principle, Employers may inquire about criminal convictions outside of the time periods set forth in this Article where required by federal or state law or a government agency implementing federal or state law. These examples are illustrative and do not limit the scope of the preemption principle stated in this Section 4916 . 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
Section 4916 of San Francisco Police Code Article 49 establishes a preemption rule: wherever federal or state law conflicts with the Article's requirements, the higher law controls and the local provision yields. City agencies such as the Office of Labor Standards Enforcement (OLSE) and the Human Rights Commission (HRC) are explicitly permitted to decline enforcement of any part of the Article when applying it would create such a conflict. The section also notes that employers may ask about criminal convictions beyond the Article's usual time limits when a separate federal or state mandate requires them to do so.
Plain English — not legal advice.
Property owners and employers operating under Article 49 should be aware that § 4916 carves out situations where federal or state law overrides the Article's standard rules—including its limits on criminal-history inquiries. Compliant operators generally document the specific federal or state legal basis whenever they depart from the Article's default requirements, such as conducting a broader background inquiry than the Article would otherwise allow. Keeping records of the governing authority cited for any such departure supports a clear compliance posture if questions arise from the OLSE or HRC.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4916 means that the protections Article 49 provides are not absolute—they can be displaced when a conflicting federal or state law applies, and the OLSE or HRC may decline to enforce the Article in those circumstances. If you believe an employer has improperly claimed a preemption exception to justify a criminal-history inquiry that Article 49 would otherwise prohibit, you may file a complaint with the OLSE or HRC to have the claimed basis reviewed. Tenant-rights and worker-rights organizations familiar with San Francisco's fair chance hiring rules can help you understand how § 4916's preemption principle has been applied in similar contexts.
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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