In general,
dwelling units whose rents are controlled or regulated by another government
agency or authority are entirely exempt from the Rent Ordinance. This includes
project-based rental assistance programs, such as subsidized housing projects
or senior housing, where the subsidy can be used only in designated buildings
and not in private apartments. However, when a tenant rents a dwelling unit
where the tenant-based rental assistance is not a fixed percentage of the
tenant's income such as the Section 8 Housing Choice Voucher Program, such
units are subject to the "just cause" eviction provisions of the
Ordinance, and the rent increase limitations of the Ordinance will also apply
if the base rent exceeds the applicable "payment standard" set by the
San Francisco Housing Authority.
Where the
tenant receives Section 8 Certificate rental assistance or HOPWA rental
assistance (under the Housing Opportunities for Persons with Aids Program), the
unit is subject to the "just cause" eviction provisions, but is
exempt from the rent increase provisions of the Ordinance since the base rent
is set by HUD (the U.S. Department of Housing and Urban Development).
All rental
units whose rents are controlled or regulated by another government unit,
agency or authority are exempt from payment of the annual Rent Board fee and
are also exempt from payment of interest on security deposits.
Previously
exempt units in buildings where HUD no longer insures the mortgage, and
units that no longer receive
project-based rental assistance are subject to the rent increase limitations
and "just cause" eviction provisions of the Rent Ordinance, as well
as the Rent Board fee and the security deposit interest payment requirements.
If there is
a question about whether a unit is covered by or exempt from the Rent
Ordinance, a landlord or a tenant may file a petition at the Rent Board for a
determination of jurisdiction. To receive a copy of the landlord or tenant
petition form, you can fax it to yourself through our Fax Back system by
calling 252-4660 or visit our website at
www.sfrb.org. The forms are also available at our office.
