FILE NO. 250926
AMENDED IN COMMITTEE
12/8/2025
ORDINANCE NO. 3-26
[Planning, Administrative Codes - Tenant Protections Related To Residential Demolitions and
Renovations]
Ordinance amending the Planning Code to 1) require property owners seeking to
demolish residential units to replace all units that are being demolished; 2} prohibit
demolition permits for five years if a tenant vacated a unit in the building to be
demolished due to harassment or under an improper buyout agreement. subject to
certain conditions: 3}2} require relocation assistance to affected occupants of these
units being demolished and to former occupants of those units who vacated due to
harassment, improper certain buyout agreements, owner move-ins. Gf pursuant to the
Ellis Act. or due to serious and imminent hazards, with additional assistance and
protections for lower-income tenants; ~3} modify the Planning Code definition of
demolition: 5}4tmodify the conditional use criteria that apply to projects to demolish
residential units; amending the Administrative Code to §145} require landlords to
provide additional relocation assistance to lower-income tenants who are being
required to vacate temporarily due to capital improvements or rehabilitation work; Z),56)
update the standards and procedures for hearings related to tenant harassment; §,),6-7}
require additional disclosures in buyout agreements,;JU-18} require an additional
disclosure in notice of intent to withdraw units under the Ellis Act: 10}-188} making
various non-substantive changes and clarifications; affirming the Planning
Department's determination under the California Environmental Quality Act; making
public necessity, convenience, and welfare findings under Planning Code, Section 302;
and making findings of consistency with the General Plan and the eight priority
policies of Planning Code, Section 101.1.
NOTE:
Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrougl1 italics Times ,""kw Romanfcmt.
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Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough Arial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Land Use and Environmental Findings.
(a) The Planning Department has determined that the actions contemplated in this
ordinance comply with the California Environmental Quality Act (California Public Resources
Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of
Supervisors in File No. 250926 and is incorporated herein by reference. The Board affirms
this determination.
(b) On November 6, 2025, the Planning Commission, in Resolution No. 21863,
adopted findings that the actions contemplated in this ordinance are consistent, on balance,
with the City's General Plan and eight priority policies of Planning Code Section 101 .1. The
Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of
the Board of Supervisors in File No. 250926, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that these Planning Code
amendments will serve the public necessity, convenience, and welfare for the reasons set
forth in Planning Commission Resolution No. 21863, and the Board adopts such reasons as
its own. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File
No. 250926 and is incorporated herein by reference.
Section 2. Additional Findings.
(a) The Housing Crisis Act of 2019, adopted by the California Legislature as Senate
Bill 330 (hereafter, "SB 330"), provides that cities may not approve housing development
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projects that will require the demolition of existing residential units unless the sponsors of
those projects agree to certain criteria. Among other things, the project sponsors must allow
existing occupants to remain in their units until a certain time before the start of construction
activities; replace all protected units; offer displaced lower-income households a right of first
refusal to comparable units; and provide lower-income tenants relocation assistance. Further,
SB 330 provides that cities may go beyond these minimum requirements to assist displaced
households, particularly those who are lower-income.
(b) Consistent with SB 330, this Ordinance adopts a series of tenant protections
tailored for San Francisco, with a particular focus on protecting lower-income tenants to whom
SB 330 grants a right of return. In many instances, lower-income households displaced by
demolition projects have been unable to stay in San Francisco or the Bay Area, due to the
property owner's timetable for constructing a new building, contrary to the intent of SB 330
that lower-income tenants shall enjoy a right to occupy a comparable unit in the new building.
A similar pattern exists when landlords displace lower-income tenants in order to perform
capital improvements and renovation projects. The current rules assume that this work will
last for only three months and that the tenant will then be able to reoccupy the unit, but the
displacements often last much longer, and lower-income tenants in particular suffer from
these impacts and often have no choice but to give up on their right to return altogether.
Tenants are also vulnerable to harassment, pretextual owner move-ins, and may be induced
to leaving their units under buyout agreements without a full understanding of their rights. It is
reasonable, and in the case of lower-income tenants essential, to prevent the potential abuse
of evictions, to ensure tenant protections are not undermined, and to require property owners
who are pursuing demolition or renovation projects to absorb the impacts that their projects
will cause.
(c) This Ordinance also includes a requirement that a landlord withdrawing a unit
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under the Ellis Act must state whether they intend to demolish the unit within the next five
years. This statement would be for informational purposes only: it is not intended to create a
substantive defense to an eviction, but it will be helpful for the City to understand the impacts
of SB 330 and to manage tenant displacements. Such a disclosure is intended to assist City
agencies to track and monitor plans to demolish housing, to track and mitigate tenant
displacement, and to advance policies implementing SB330 and other state and local laws. It
is not intended to create an additional affirmative defense to an eviction.
Section 3. Articles 1.7, 3, and 4 of the Planning Code are hereby amended by revising
Sections 176,311,317,333,415.4, 415.5, 415.6, 415.7, and adding Section 317.2 to read as
follows
SEC. 176. ENFORCEMENT AGAINST VIOLATIONS.
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(c) Penalties.
(1) Administrative Penalties.
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(C) Penalties for Specified Violations.
(i) Alteration, Merger, Construction, or Demolition of
Residential Units without a Permit. For any unpermitted alteration, merger, construction, or
demolition of any building or structure containing one or more Residential Units, including
work that takes place in violation of Section 317 of this Code, on or after March 1, 2023,
resulting in the addition of more than three unauthorized Residential Units, or the loss of one
or more Residential Units, (1) the owner of that building shall be required to apply for a
replacement project under section Section 317 of this Code, that complies with Section 31 7. 2, if
applicable, and (2) the Responsible Party shall be liable for a penalty of up to $250,000 upon
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issuance of a Notice of Violation for each Residential Unit added or lost through such
alteration, merger, or demolition. Within l2 months ofthe effective de,te ofthe ol'd-ilumce in Bo€lrd
F'ile 1\/o. 220878 G1mendi1qg this Sectio1q l 76, t.Ihe Planning Commission shall adopt factors and
criteria for consideration, to be updated from time to time, to provide guidance to the Zoning
Administrator when determining the appropriate penalty amount for violations subject to this
subsection (c)(1 )(C)(i).
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SEC. 311. PERMIT REVIEW PROCEDURES.
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(c) Planning Entitlement Application Review for Compliance. Upon acceptance of
any application subject to this Section, the Planning Department shall review the proposed
project for compliance with the Planning Code and any applicable design guidelines approved
by the Planning Commission. Applications determined not to he in contpliance comply with the
standards of Articles 1.2, 1.5, 2 and 2.5 of the Planning Code, Residential Design Guidelines,
including design guidelines for specific areas adopted by the Planning Commission, or with
any applicable conditions of previous approvals regarding the project, shall be held until either
the application is determined to be in compliance, is disapproved or a recommendation for
cancellation is sent to the Department of Building Inspection.
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(2) Removal of Residential Units. When removal or elimination of an
Residential Unit authol'i-red or uUnauthorized l'eside,"ltial uUnit. as defined in Sections 102 and 317 of
this Code. is proposed, the Applicant shall provide notice as required in this Section 311, and as
required by Section 31 7.2. and such notice shall include contact information for the appropriate
City agency or resource for assistance in securing tenant counseling or legal services, as
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applicable. The Applicant shall post a notice of the application at least 30 inches by 30 inches
in a conspicuous common area of the subject property, and such sign shall be posted no later
than the start date of the notification period required by this Section 311 and shall remain
posted until the conclusion of any hearings on the permit before the Planning Commission,
the Zoning Administrator, the Board of Supervisors or the Board of Appeals. The Zoning
Administrator shall determine any additional notification procedures to be applied in such a
case.
(3) Replacement Structure Required. Unless the building is determined to
pose a serious and imminent hazard as defined in the Building Code, an application
authorizing a proiect that will require the demolition of one or more Residential or Unauthorized
Units and/or the demolition of an historic or architecturally important building or ofa dwelli,'1J;L
shall be conditioned upon the City granting final approval of a building permit for construction
of the replacement building. A building permit is finally approved if the Board of Appeals has
taken final action for approval on an appeal of the issuance or denial of the permit or if the
permit has been issued and the time for filing an appeal with the Board has lapsed with no
appeal filed . Approval o(the replacement structure shall comply with Section 31 7.2, as applicable.
(4) Buildings Posing a Safety Hazard.--(,"+<4'"") The demolition of any building,
including but not limited to historically and architecturally important buildings, may be
approved administratively when the Director of the Department of Building Inspection, the
Chief of the Bureau of Fire Prevention and Investigation, or the Director of Public Works
determines, after consultation with the Zoning Administrator, that an imminent safety hazard
exists, and the Director of the Department of Building Inspection determines that demolition or
extensive alteration of the structure is the only feasible means to secure the public safety.
Nothing in this subsection (c)(4) shall relieve a proiect sponsor from complying with Section 31 7.2, as
applicable. The Zoning Administer may modify the timing of compliance with Section 31 7. 2, as
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necessary, for demolitions approved under this subsection (c)(4).
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SEC. 317. LOSS OF RESIDENTIAL AND UNAUTHORIZED UNITS THROUGH
DEMOLITION, MERGER, AND CONVERSION.
(a) Findings. San Francisco faces a continuing shortage of affordable housing. There
is a high ratio of rental to ownership tenure among the City's residents. The General Plan
recognizes that existing housing is the greatest stock of rental and financially accessible
residential units, and is a resource in need of protection. Therefore, a public hearing will be
held prior to approval of any Development Application pe-,,mil that would allow removale Qj_
existing housing, with certain exceptions, as described below. The Planning Commission sh€lU
has developed a Code Implementation Document setting forth procedures and regulations for
the implementation of this Section 317 as provided further below. The Zoning Administrator
shall modify economic criteria related to property values and construction costs in the
Implementation Document as warranted by changing economic conditions to meet the intent
of this Section.
(b) Definitions. For the purposes of this Section 317, the terms below shall be as
defined below. The Planning Department shall use these definitions when implementing state laws
that use similar terms i(state law does not define such terms. Capitalized terms not defined below
are defined in Section 102 of this Code.
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(2) "Residential Demolition" shall mean any of the following:
(A) Any work on a Residential Building for which the Department of
Building Inspection determines that an application for a demolition permit is required , or
(B) A major alteration of a Residential Building that proposes the
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Removal of more than 50% or more of the sum of the combined Front Facade and Rear
Facade and also proposes the Removal of more than 65% of the sum of all exterior walls,
measured in lineal feet at the foundation level, or
(C) A major alteration of a Residential Building that proposes the
Removal of more than 50% or more of the Vertical Envelope Elements and more than 50% of
#le Horizontal Elements of the existing building, as measured in square feet of actual surface
area.
(D) The Planning Commission may reduce the aboi..ie numerical
elements of the criteria in Subsections (b)(2)(B) and (b)(2)(C), by up to 20% of their values
should it deem that adjustment is necessary to implement the intent of this Section 317, to
conserve existing sound housing and preserve affordable housing.
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(7) "Residential Merger" shall mean the combining of two or more Residential or
Unauthorized Units, including the creation of an open connection between Units, resulting in a
decrease in the number of Residential Units and Unauthorized Units within a building, or the
enlargement of one or more existing units while substantially reducing the size of others by
more than 25% of their original floor area, even if the number of units is not reduced. -TRe
Planning Commission may reduce the numerical element of this criterion by up to 20% of its
value should it deem that adjustment is necessary to implement the intent of this Section 317,
to conserve existing housing and preserve affordable housing.
(8) "Rear Fa9ade" is defined in Section 102 of this Code.
(9) "Removal" shall mean, with reference to a wall, roof or floor structure, its
dismantling, its relocation or its alteration of the exterior function by construction of a new
building element exterior to it. The infill of an existing exterior opening shall be considered a
demolition. Where a portion of an exterior wall is removed, any remaining wall above or below
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that new opening with a height less than the Building Code requirement for legal head room
shall be considered demolished. Where exterior elements of a building are removed and
replaced for repair or maintenance, in like materials, with no increase in the extent of the
element or volume of the building, such replacement shall not be considered Removal for the
purposes of this Section. Removal and replacement of exterior elements for repair or
maintenance pursuant to a Department of Building Inspection Corrections Notice shall not be
considered Removal for purposes of this Section 317, provided the replacement uses like
materials and does not increase the extent of the removed element or increase the volume of
the building. The foregoing does not supersede any requirements for or restrictions on
noncomplying structures and their reconstruction as governed by Article 1. 7 of this Code.
Where an entire building is moved to another location, it shall not be considered Removal for
the purposes of this Section. The elevation of an entire building, regardless of height, shall be
considered Removal of Horizontal Elements for the purposes of this Section 317.
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(14) "Vertical Envelope Elements" shall mean all exterior •,valls that provide weather
and thermal barriers between the interior and exterior of the building, or that provide structural
support to other elements of the building envelope.
(c) Applicability; Exemptions.
(1) Within the Priority Equity Geographies Special Use District, any Development
d_epplication fo1' c1 permit that would result in the seeks authorization for Removal of one or more
Residential Ynils or Unauthorized Units is required to obtain Conditional Use authorization.
(2) Outside the Priority Equity Geographies Special Use District, any
Development Aepplication Jer c1 permit that would result in the seeks authorization for Removal of
one or more Residential Ynils or Unauthorized Units is required to obtain Conditional Use
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authorization unless it meets all the following criteria:
(A) The project sponsor certifies under penalty ofperiury that any +he- units to
be demolished are not tenant occupied and are without a history of evictions under
Administrative Code Sections 37.9(a)(8)-(12)L or 37.9(a)(14)-fM}. or (1 7) within the last five ten
years, and have not been vacated within the past five ten years pursuant to a Buyout
Agreement, as defined in Administrative Code Section 37.9E, as it may be amended from
time to time, regardless of whether the Buyout Agreement was filed with the Rent Board
pursuant to Administrative Code Section 37.9fE)(h);
(B) No units would be removed or demolished that are:
(i) subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of lower- or very low-income within the past
five ten years; or
(ii) subject to limits on rent increases under the Residential Rent
Stabilization and Arbitration Ordinance (Chapter 37 of the Administrative Code) within the past
five ten years; or
(iii) rented by lower- or very low-income households within the
past five ten years;
(C) The building proposed for demolition is not an Historic Building as
defined in Section 102, and further provided that if the building proposed for demolition was
built before 1923, the Planning Department has determined that it does not meet the criteria
for designation as an Historic Building as defined in Section 102;
(D) The proposed project is adding at least one more Residential Unit
than would be demolished;
(E) The proposed project complies with the requirements of Section
31 7. 2,· 66300(d) afthe California Governme,~t Code, as may be amended/ram ti,"lw to time, i1~clttdiHg
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but not limited to reqt1ireme1~ts t-o replace all protected units, a,~d te o-jfer existing occupa;qts o-fany
protected units that are lower incoHw hot1seholds relocation benefits a1qd a right o-f fi-rst refusal for a
comparable unit, as those terms a,·e dt>fined therei,~; and
(F) The project sponsor certifies under pe1qalty o-fpe1jury that any u1qits te be
demolished are not tena1qt occupied and are without a histery of evictions under Administrative Code
Sectimqs 37.9(s)(8) (l2) or 37.9(s)(I 4) (16) within lastfive yea,·s, and have 1qot been vacated within the
pastfive years pursuant te a Buyout Agreement, as defined in Administf'ative Code Section 3 7. 9E, as it
m€ly be ame,'idecfjro,·•n tiww te time, regardless o-fwhether the Buyout Ag,·eenwnt wasfiled with the RMt
Boardpurst1ant te Ad-ministrati1,•e Code Section 37.9E(h); a1qd-
(GEJ The project sponsor has conducted one meeting prior to or within
20 days of filing a development €ipplication Development Application. Fellowing submission o-fa
d-evelepnwnt €1pplication, t_Ihe Planning Department shall not determine a development
€1pplicatio,'i Development Application to be complete without confirmation that the project
sponsor has held at least one meeting conforming to the requirements of this subsection
(c)(2)(GfJ and any additional procedures the Planning Department may establish. The project
sponsor shall provide mailed notice of the meeting to the individuals and neighborhood
organizations specified in Planning Code Section 333(e)(2)(A) and (C), as well as posted
notice as set forth in Planning Code Section 333(e)(1 ).
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(10) Exception for Certain Unauthorized Units with No Tenant Occupant
for 10 Years. The Conditional Use requirement of subsections (c)(1) and (c)(2) shall not apply
to an application for a permit that would result in the Removal of an Unauthorized Unit in a
one-family dwelling where all of the conditions in subsection (c)(1 0)(A) are met. To establish
eligibility, the owner shall furnish a declaration under penalty of perjury on a form prescribed
by the Department, attesting to compliance with all of the conditions in subsection (c)(1 0)(A).
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(B) Regulatory Agreement. Sponsors of projects utilizing the
Conditional Use Authorization exception in subsection (c)(10) of this Section 317 shall enter
into a regulatory agreement with the City subjecting the one-family dwelling to the rent increase
limitations of the Residential Rent Stabilization and Arbitration Ordinance (Chapter 37 of the
Administrative Code), as amended from time to time, as a condition of approval of the permit
to remove the Unauthorized Unit ("Regulatory Agreement"). The property owner and the
Planning Director, or the Director's designee, on behalf of the City, shall execute the
Regulatory Agreement, which is subject to review and approval by the City Attorney's Office.
The Regulatory Agreement shall be executed prior to the City's issuance of the permit to
remove the Unauthorized Unit. Following execution of the Regulatory Agreement by all parties
and approval by the City Attorney, the Regulatory Agreement or a memorandum thereof shall
be recorded in the title records in the Office of the Assessor-Recorder against the property
and the Regulatory Agreement shall be binding on all future owners and successors in
interest. The Planning Department shall note the existence of any recorded Regulatory Agreement
applicable to the Housing Development Proiect on a publicly-accessible website. At a minimum, the
Regulatory Agreement shall contain the following :
(i) A statement that the one-family dwelling is not subject to the
Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.50 et seq.) Further,
that under Section 1954.52(b), the property owner has entered into and agreed to the terms of
the agreement with the City in consideration for other forms of assistance or other direct
financial contribution specified in California Government Code Section 65915 et seq.;
(ii) A description of the forms of assistance or other direct financial
contribution provided to the property owner; and
(iii) A description of the remedies for breach of the agreement and
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other provisions to ensure implementation and compliance with the agreement.
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(d) Demolition.
(1) No permit to Demolish a Residential Building in any zoning district shall be
issued until a building permit for the replacement structure is finally approved,~ Any replacement
structure shall comply with Section 317. 2 as applicable. A permit to demolish may be approved prior
to issuance ofa building permit for a replacement structure if~ the building is determined to
pose a serious and imminent hazard as defined in the Building Code, but in no case shall the
obligation to comply with Section 31 7. 2 be waived. The Zoning Administer may modify the timing of
compliance with Section 3 I 7. 2, as necessary, for demolitions approved prior to issuance of a building
permit for a replacement structure due to a determination that the building poses a serious and
imminent hazard. A building permit is finally approved if the Board of Appeals has taken final
action for approval on an appeal of the issuance or denial of the permit or if the permit has
been issued and the time for filing an appeal with the Board of Appeals has lapsed with no
appeal filed.
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(6) No permit to Demolish a Residential Building shall be issued until the project
sponsor has complied with the notice requirements of Section 317.2(e)(1) and (e)(2).
subdivisions (A)-(C) and (F), and the requirements of Section 317.2(d)(2) to provide a
relocation plan for Existing Occupants.
(7) If the Rent Board has issued a decision under Section 37.9(1) of the
Administrative Code that there was a wrongful endeavor to recover possession of a rental unit
through tenant harassment, any authorization to demolish the building shall be conditioned on
the expiration of five years from the date the decision became final, unless otherwise required
by law or where the Director of the Department of Building Inspection has determined that the
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building poses a serious and imminent hazard as defined in the Building Code.
(8) If the Department or a court determines that a tenant vacated a unit under a
buyout agreement but that the landlord did not comply with the requirements of Administrative
Code Sections 37.9E. subdivisions (d)-(f} and (h), then any authorization to demolish the
building shall be conditioned on the expiration of five years from the date the tenant vacated
the unit, unless either a court or the Rent Board acting under Administrative Code Section
37.9E(I} finds that the landlord substantially complied with those requirements.
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(g) Conditional Use Criteria.
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(2) Residential Merger. The Planning Commission shall consider the following
criteria in the review of Development d_Rpplications to merge Residential .f/nil-t; or Unauthorized
Units:
(A) whether the Merger removRl of the unit(s) would eliminate only owner
occupied housing, and if so, for how long the unit(s) proposed to be removed have been
owner occupied;
(B) whether renwval e>fthe unit(s) end the remaining unit following the
Mmerger with another is intended for owner occupancy;
(C) whether the Merger renwvRl of the unit(s) will remove an affordable
housing unit as defined in Section 401 of this Code or housing subject to the Residential Rent
Stabilization and Arbitration Ordinance;
(D) if the Merger removRl of the unit(s) removes an affordable housing unit
as defined in Section 401 of this Code or units subject to the Residential Rent Stabilization
and Arbitration Ordinance, whether replacement housing will be provided which is equal or
greater in size, number of bedrooms, affordability, and suitability to households with children
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to the units being removed;
(E) how recently the unit being removed through the Merger was occupied
by a tenant or tenants;
(F) whether the number of bedrooms provided in the merged unit will be
equal to or greater than the number of bedrooms in the separate units;
(G) whether removal of the unit(s) is necessary to correct design or
functional deficiencies that cannot be corrected through interior alterations;
(H) the appraised value of the least expensive Residential Unit proposed
for Mmerger only when the Mmerger does not involve an Unauthorized Unit.
The Planning Commission shall not approve an application for Residential Merger if
any tenant has been evicted pursuant to Administrative Code Sections 37.9(a)(9) thr0t1gh
3 7. 9(6) _illL( 14), or (I 7) where the tenant was served with a notice of eviction after December
10, 2013 if the notice was served within 10 years prior to filing the application for merger.
Additionally, the Planning Commission shall not approve an application for Residential Merger
if any tenant has been evicted pursuant to Administrative Code Section 37.9(a)(8) where the
tenant was served with a notice of eviction after December 10, 2013 if the notice was served
within five (5) years prior to filing the application for merger. This subsection (g)(2)(H) shall not
apply if the tenant was evicted under Section 37.9(a)(11) or 37.9(a)(14) and the applicant(s)
either (A) have certified that the original tenant reoccupied the unit after the temporary eviction
or (B) have submitted to the Planning Commission a declaration from the property owner or
the tenant certifying that the property owner or the Rent Board notified the tenant of the
tenant's right to reoccupy the unit after the temporary eviction and that the tenant chose not to
reoccupy it.
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(6) Residential Demolition. The Planning Commission shall make findings based on
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the criteria in Section 303(c) when reviewing Development Applications for proiects that require both
the demolition o(a single-family home and construction of a single-family home. The Planning
Commission shall make the findings set forth below conside1· the foUowi}'f;g additio,wl criteria in the
review of Development Applicationsapplicatio1qs for proiects that require either the demolition of two
or more Residential Units, or the demolition of a single-family home and construction of two or more
Residential Units. Residential Demolitio,'9. Jf'the Planning Commission finds the proiect does not meet
at least M?O % of these criteria, the application shall be denied. If a criterion does not apply to
proiect, the Commission shall find that criterion to have been met.
(A) The property is not subiect to an open or unabated notice of violation issued
by the Planning Department or Department of Building Inspection at the time the Development
Application is submitted.
(B) The proiect does not propose changes to more than 20% of the character
defining features of a building that is designated as a landmark under Article 10. is listed as a
contributor to an historic district in Article 10, is listed as a Significant or Contributory Building under
Article 11. is listed in the California Register of Historical Resources, or is listed on the National
Register of Historic Places.
(C) The proiect increases the number of rental units Residential Units subiect
to the rent increase limitations of the Residential Rent Stabilization and Arbitration Ordinance
(Chapter 37 of the Administrative Code) compared to the number of existing Residential Units
and Unauthorized Units subject to the rent increase limitations of the Residential Rent
Stabilization and Arbitration Ordinance.
(D) The proiect does not require the Residential Demolition of existing, deed-
restricted. a{fgrdable and/or below market rate housing, or replaces any such housing that is
demolished as part of the Development Application .
(E) The pr9ject increases the number o(permanently Affordable Units located
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on the site.
ffeg,) The proiect, i(tR-fee five units or more, increases the number o(two or
more bedroom units on-site.
(F) The project is a rental project.
(GF) The project sponsor has complied with the notice requirements of
Section 317.2(e)(1) and (e)(2)(i) (iii), and (vi), and the requirements of Section 317.2(d)(2) to
provide a relocation plan for Existing Occupants.
{MG) The proiect results in a net increase of Dwelling Units on-site and number
of bedrooms on-site.
(H) No tenant has vacated any unit in the building within the previous 36
months pursuant to a notice to vacate under Administrative Code Section 37.9(a)(8) that was
served after the effective date of the ordinance in Board of Supervisors File No. 250926.
(IH) The project site has been free of Rent Board decisions under
Administrative Code section 37.9(1) that there was a 1.vrongful endeavor to recover possession
of a rental unit through tenant harassment or adjudicated wrongful evictions, for at least five
years before the date the Development Application is submitted.
(JI) As to vacant units 1.vhere the prior tenant left within five years before
the date the Development Application is submitted pursuant to a Buyout Agreement, that the
Buyout Agreement complied with the applicable disclosure requirements as set forth in
Administrative Code Section 37.9E, subdivisions (d)(12) and (f)(5).
(KJ) No tenant has vacated any unit in the building within the previous 36
months pursuant to a notice to vacate under Administrative Code Section 37.9(a)(8) that 1.vas
served after the effective date of the ordinance in Board of Supervisors File No. 250926.
(LK) The project is a rental project.
~4) whether the preperty is free of a history ofserious, continuing Cede
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violations;
(B) whether the hottsing has bee1q maintained in a decent, safe, and sa1qitary
condition,·
(C) whether the property is an "historical resotwce" under CEQA;
(D) whether the removal &jthe resource wiU hm·e a substa1qtial adverse impact
under CEQA;
(E) whether the project cow.•erts rMtal housing to other fer,"19S of tenure or
occupancy,·
(F) whether the project removes rental units suhject to the Residential Rent
Stabil:iz:ation a,qdArbitration Ordi;qance or aff0rdabk housi1qg;
(G) whether the project conserves existing hm1sing t-o preserw cttl:ttwal a1qd
economic neighborhood d-iwrsity,·
(HJ whether the project co1qse1·1,;es neighborhood character to preserve
neighborhood cultural and economic diversity,·
(1) whether the project protects the relative efferdabil:ity of existing housilqg;
(J) whether the project i,qcreases the number o.fpermanently affordable units as
governed by Section 415;
(K) whether the project locates in fill housi:qg 01q appropriate sites in
established neighborhoods,·
(L) whether t.kie project increases the number &}family sired tmits 01q site,·
(M) whether the p1•oject creates 1qew supportive housilqg,·
(A9 whether the project is o,f superb architectural and ttrba1q design, meeting all
relevant design guidefoqes, to enhance existi1qg neighb01·hood character,·
(0) whether the project increases the number o.fo1q site Dwelling U1qits,·
(P) whether the project increases the number &jo,'1 site bedrooms,·
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(Q) whether or not the rcplaceme11tproject would ,"11axi.-<niz,e density 011 the
si1bject lot; and
(R) ifrc-placing a buikl-ing 11ot si1bject to the Residential Rent Stabilization m1d
Arbitrntio11 Ordinance, whetheF the new project rcpklces aU r>jtlw existing imits with new DweUing
Units ofa similaF size and with the same numbCF of bedrooms.
(7) Removal of Unauthorized Units. In addition to the criteria set forth in
subsections (g)(1) through (g)(6) above, the Planning Commission shall consider the criteria
below in the review of applications for removal of Unauthorized Units:
(A) whether the Unauthorized Unit has been rented within the 10 years
preceding the application, excluding any use of the Unauthorized Unit by a blood, adoptive, or
step-family relationship, specifically by a grandparent, parent, sibling, child, or grandchild, or
the spouse or registered domestic partner of such relations, or by a property owner's spouse
or registered domestic partner;
(B) whether the Unauthorized Unit has a history of evictions under
Administrative Code Sections 37.9(a)(8)-(12),. oF 37.9(a)(14), or (1 7)-(Mf within the 10 years
preceding the application.
* * * *
SEC. 317.2. CONDITIONS OF APPROVAL FOR PROJECTS THAT REQUIRE THE
DEMOLITION OF RESIDENTIAL UNITS.
(a) Purpose; Implementation. This Section 317. 2 is intended to implement and shall be
construed consistent with the provisions of California Government Code sections 66300.5 and 66300.6,
as they may be amended from time to time. The Planning Commission shall approve, and the Planning
Department shall publish on its website, a Replacement Unit Implementation Document (hereafter, the
"Implementation Document") containing procedures, regulations, guidelines, notice formats, and
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application forms, as deemed necessary to assist the Department in ensuring that the relocation
assistance and services in this Section 317.2 are available to displaced tenants, as required,
and with implementation, monitoring, and enforcement o[the policies and procedures ofthis Section
31 7.2. The Department may update the Implementation Document from time to time and shall seek
Planning Commission approval for any significant changes.
(b) Definitions. In addition to the definitions in California Government Section 66300.5 and
Planning Code Sections Section 102 or Section 401, the following terms shall have the following
definitions:
"Affordable Housing Cost" is defined in California Health and Safety Code section 50052.5.
"Affordable Rent" is defined in California Health and Safety Code section 50053.
"Comparable Unit" shall mean a Replacement Unit (and for purposes of subsection
317.2(d)(2)(C), a substitute unit) that contains at least the same total number of bedrooms, same total
number of.full bathrooms, and at least 90 percent of the square footage of the Protected Unit being
replaced. However, if one or more single-family homes that qualify as Protected Units are being
replaced in a Housing Development Proiect that consists of two or more units, "Comparable Unit"
shall mean either (1) a unit containing the same number of bedrooms if the single-family home contains
three or fewer bedrooms, or (2) a unit containing three bedrooms if the single-family home contains
four or more bedrooms and a Comparable Unit is not required to have the same or similar square
footage or the same number of total rooms.
"Demolition" is defined as "Residential Demolition" in Section 317(b)(2).
"Existing Occupant" shall mean a Itenant of a unit at the time the owner of a unit applied
to demolish the unit or recovered possession of the unit in order for the unit to be demolished.
, as defined in Administrative Code Section 37.2(t), on the date the project sponsor submits a
Development Application or a preliminary application (whichever occurs first), inclusive of any
lawful occupants in the unit, as well as any persons who have vacated a rental unit
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temporarily while the landlord is carrying out capital improvements or rehabilitation 1.vork. 6_
Tenant occupying a unit on the date the project sponsor submitted a Development Application
or preliminary application to demolish that unit shall be an Existing Occupant. If there is no
Tenant occupying the unit If the unit was vacant on such date, the prior Ttenant shall still qualify
as an Existing Occupant for purposes ofthis Section 31 7.2 i(they vacated the unit in any o(the
following circumstances are true as of the date the project sponsor submitted the Development
Application or preliminary application: 1) the Ttenant vacated the unit within the previous five
years following a wrongful endeavor to recover possession of the unit through harassment
under Administrative Section 37.9(1), where the Rent Board found the Ttenant had vacated the
unit because of the harassment or where the Rent Board made a finding of ongoing
harassment and the tenant vacated within 12 months after said finding; within the last five
years, either due to a wrongful endeavor to recover possession of the unit through
harassment as determined by the Rent Board under Administrative Code Section 37.9(1), or
alternatively, where the Rent Board determined there was a wrongful endeavor to recover
possession of the unit through harassment and the tenant vacated within 12 months after the
date of said determination; (2) within the last 1) the Ttenant vacated the unit within the
previous five years pursuant to a Tenant Buyout Agreement that did not comply with the
applicable provisions of Administrative Code Section 37.9E but where there has been a
finding of substantial compliance as described in Planning Code Section 317(d}(8}that did not
substantially comply with the disclosure requirements set forth in Administrative Code Section
37.9E, subdivisions (d)(12) and (f)(5L_or (3) within the last 2) the Ttenant vacated the unit
within the previous three years pursuant to a notice to vacate under Administrative Code Section
37.9(a)(8),· Gf-4.t3) the Ttenant vacated the unit within the previous five years pursuant to a
notice to vacate under Administrative Code Section 37.9(a}(13}; or*} the Tenant was
required to vacate the unit within the previous five years due to a serious and imminent
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hazard.
"Housing Development Proiect" is defined in California Government Code section
65905.5(b)(3).
"Lower Income Household" is defined in California Health and Safety Code section 50079.5.
"Protected Unit" shall mean a Residential Unit, whether authorized or unauthorized, and
whether occupied or vacant, that meets any of the following criteria: (I) has been subiect to a recorded
covenant, ordinance, or law that restricts rents to levels atfgrdable to persons and families of Lower or
Very Low-Income within the past five years,· (2) has been subiect to any form o(rent or price control
through San Francisco's valid exercise ofits police power within the last five years, including all units
subiect to the rent increase limitations set forth in Section 37.3 ofthe Administrative Code,· (3) has
been rented by a Lower or Very Low-Income Household within the past five years,· or (4) was
withdrawn from rent or lease in accordance with Chapter 12. 75 (commencing with Section 7060) of
Division 7 o(Title 1 ofthe California Government Code) within the past JO years.
"Replacement Unit" shall mean a Residential Unit that replaces a demolished Protected Unit in
a new Housing Development Proiect and that complies with the requirements ofthis Section 317.2.
The Department shall note the existence o(Replacement Units on a publicly-accessible website.
"Tenant" is defined in Administrative Code Section 37.2(t) and shall include any lawful
occupants of the unit, as well as any persons who have vacated the unit temporarily while the
landlord is carrying out capital improvements or rehabilitation work.
"Very Low Income Household" is defined in California Health and Safety Code section 50105.
(c) No Net Loss o{Residential Units. Notwithstanding any other law including local density
requirements, a Housing Development Proiect that will require the demolition of one or more
Residential Units, whether authorized or unauthorized, shall include at least as many Residential Units
as will be demolished or as existed on the proiect site within the last five years preceding the date of the
Development Application, whichever is greater.
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(d) Projects that Require Demolition of Protected Units. Notwithstanding any other law
including local density requirements, a development proiect that will require the demolition of
occupied or vacant Protected Units, or that is located on a site where Protected Units were demolished
in the five years preceding the date the proiect sponsor submits a Development Application, shall not
be approved unless the proiect meets all ofthe following requirements:
(1) Replacement of Protected Units. The proiect shall replace all existing Protected
Units and all Protected Units demolished on or after January 1, 2020 with Comparable Units. Except
as otherwise provided in this Section 31 7.2, for purposes of this subsection (d)(J ), the term "replace"
shall have the same meaning as provided in Government Code sections 65915(c)(3)(B) and (C) and as
further described below. Replacement Units subiect to an affordability restriction shall remain
affordable for the Life of the Proiect, as defined in Section 401.
(A) Demolition and Replacement of Units Occupied bv Lower-Income
Households. Except as provided in subsection 31 7.2(d)(2)(D), for proiects proposing to demolish
buildings that include Protected Units that were occupied by Lower-Income Households at the time of
the Development Application, the proiect sponsor shall replace such Protected Units with Comparable
Units at an affordable housing cost to persons and families in the same or lower income categories as
those households in occupancy or presumed to be in occupancy as described in Section
65915(c)(3)(B)(i). Such units shall be occupied by persons and families in the same or lower income
categories as those households in occupancy or presumed to be in occupancy as described in Section
65915(c)(3)(B)(i). Comparable Units in rental proiects must be made available at an affordable rent
or the prior rental rate, whichever is lower. Housing Development Proiects in which 100 percent of the
units, exclusive of a manager's unit or units, are reserved for Lower Income Households, may comply
with subsection (d)(J )(A) by providing at least the same total number of units and the total aggregate
number of bedrooms as the Protected Units being replaced on the proiect site.
(B) Demolition and Replacement of Units Occupied by With Above Lower-
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Income Households. For projects proposing to demolish buildings with Protected Units that were
occupied by above Lower-Income Households, the project sponsor shall replace those units with
Comparable Units. Comparable Units in Rental Projects shall be subject to the rent increase
limitations of Chapter 3 7 of the Administrative Code. Comparable Units in Ownership Projects, as
defined by Section 401 o[this Code, shall be made available to and occupied by Lower-Income
Households. The project sponsor shall consent to such restrictions in a Regulatory Agreement
approved by the Planning Department.
(C) Vacant or Demolished Units. !fall Protected Units have been vacated or
demolished within the five years preceding the Development Application, then the project sponsor shall
replace those units with Comparable Units based on the number of Lower-Income Households in
occupancy or presumed to be in occupancy at the highpoint in the preceding five years, as described in
California Government Code Section 65915(c)(3)(B)(ii). Housing Development Projects in which JOO
percent of the units, exclusive of a manager's unit or units, are reserved for Lower Income Households.
mav comply with this subsection (d)(l )(C) by providing at least the same total number of units and the
total aggregate number of bedrooms as the Protected Units being replaced on the project site.
(D) Accessibility Requirements. Any demolished Protected Unit that was an
accessible unit under California Building Code Chapter I IA shall be replaced with an accessible
Comparable Unit.
(E) Inclusionarv Requirements. Replacement Units constructed pursuant to
this subsection (d)(l) shall be considered in determining whether the Housing Development Project
satisfies the requirements of California Government Code Section 65915, or any on-site affordable
housing requirements under Section 415 et seq. of this Code.
(F) Non-Housing Development Projects. If a project that proposes to demolish
Protected Units is not a Housing Development Project, the project sponsor shall ensure that any
Replacement Units are developed prior to or concurrently with the non-housing development project.
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Such Replacement Units shall be Comparable Units, and may be located on a site other than the non-
housing development proiect site but shall be located within San Francisco and within one mile of the
proiect site. The proiect sponsor may contract with another entity to develop the required Replacement
Units. Any Replacement Units developed as part ofa separate proiect under this subsection (d)(l )(F)
shall be in addition to any Replacement or Inclusionary Units required for that separate proiect; and
shall be in addition to any Replacement Units included in the separate proiect to meet the requirements
of this subsection (d)(l )(F) for any other proiect,· and shall not be located within any proiect that
receives a public subsidy or that will become property of the San Francisco Housing Authority. The
Implementation Document shall contain guidelines as deemed necessary to assist with implementation,
monitoring, and enforcement of this subsection (d)(l )(F).
(G) Exceptions. Consistent with California Government Code Section
66300. 6(b)(l )(CJ, this subsection (d)(l) does not require a Replacement Unit where (i) the proiect is an
industrial use,· (ii) the proiect site is entirely within a zone that does not allow Residential uses,· (iii) the
zoning applicable to the proiect site that does not allow Residential uses was adopted prior to January
1, 2022,· and (iv) the Protected Units that are or were on the proiect site are or were nonconforming
uses.
(2) Protections for Existing Occupants. A Development Application shall not be
approved unless the proiect sponsor complies with the requirements of subsections (d)(2)(A)-(D), and
has provided all Existing Occupants notice of their rights under subsections (d)(2)(A)-(D). The proiect
sponsor shall include a compliant relocation plan with their Development Application. To ensure
that Existing Occupants are provided the relocation assistance and services required by this
Section 317.2, the +Re Implementation Document shall include minimum standards for notices to be
provided informing Existing Occupants of their rights, and a compliant relocation plan, as well as
instructions and guidelines on how a proiect sponsor or a relocation specialist hired by the proiect
sponsor can comply with the requirements in this subsection (d)(2) . The Department may impose a fee
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for the review of a relocation plan.
(A) Right to Remain. Existing Occupants who are Lower-Income Households
shall be allowed to occupy their units until three months before the start of construction activities.
Existing Occupants who are flat above Lower-Income Households shall be allowed to occupy their
units until six months before the start of construction activities. A proiect sponsor may allow an
Existing Occupant to remain beyond three or six months before the start of construction activities.
(i) The proiect sponsor shall provide Existing Occupants. with a copy to
the Planning Department and Rent Board. written notice of the planned demolition. the date they must
vacate. and their rights under this Section 31 7.2. The notice shall be provided in writing. by certified
mail. at least six months in advance o(the date that Existing Occupants must vacate. and shall be in
addition to any other notices that may be required by law. This notice shall include the following text
in at least 14 point bold face type: "This notice is not an eviction notice. It is not notice that you must
vacate the building or that your tenancy is being ended. It is to inform you about your rights under
Section 31 7.2 ofthe San Francisco Planning Code."
(ii) The notice in subsection (d)(2)(A)(i) shall be sent by certified mail
afld provided in the Required languages. and in languages spoken by a Substantial Number of Limited
English Speaking Persons. as those terms are defined in Administrative Code Chapter 91.
(B) Right to Return if Demolition Does Not Proceed. Any Existing Occupants
who vacate their units following receipt of the notice required by subsection (A) shall be allowed
to return at their prior rental rate. as adiusted in accordance with the provisions o(Administrative
Code Chapter 3 7. i(the demolition does not proceed and the property is returned to the rental market.
The proiect sponsor shall follow any applicable guidelines in the Implementation Document regarding
the offer and acceptance of a right to return if demolition does not proceed.
(C) Right to Relocation Assistance. The Department shall ensure that
Proiect sponsors 5-RaU provide relocation assistance to Existing Occupants as follows:
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(i) All displaced households regardless o[income level shall receive
relocation assistance equivalent to the amounts required under Administrative Code Section 37.9A(e).
(ii) When the displaced household is Lower-Income, the proiect sponsor
shall provide the additional relocation assistance as set forth in subparagraphs a., b., or c ofthis
subsection (d)(2)(C). The proiect sponsor shall continue to provide this additional assistance until they
have discharged their obligation to offer the household a permanent Comparable Unit under
subsection (d)(2)(D), or until 42 months have elapsed since the displacement occurred, whichever
comes first. The Department shall review and verify the adequacy of the proiect sponsor's relocation
assistance plan before it finally approves the demolition permit, shall assist proiect sponsors and
displaced households to ensure consistent implementation of the plans, and may contract with third-
party relocation specialists to assist with these functions.
a. Substitute Housing. The proiect sponsor shall secure a
substitute unit for the household that is Comparable and is located in San Francisco, commencing on
the date that the household would be required to vacate their original unit. The rent shall be not
greater than the rent that the household was paying before the displacement. The proiect sponsor shall
follow any applicable procedures in the Implementation Document regarding the offer and acceptance
oft he substitute unit. If the household accepts the offer of a substitute unit, their tenancy in that unit
shall be subiect to all applicable provisions of Administrative Code Chapter 37. Jfthe household does
not accept the offer of a substitute unit, the proiect sponsor shall provide relocation assistance under
subparagraphs b. or c.
b. Standardized Payment. The proiect sponsor shall provide the
household standardized financial payments to assist with the relocation, commencing three months
after the date that the household vacated their original unit. The payments shall occur monthly in an
amount equivalent to the difference between the maximum monthly rent for that household and unit
type as published by MOHCD, and the San Francisco Housing Authority Payment Standard for that
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unit size (or the amount that the household is paying for interim housing, whichever is less).
c. Individualized Relocation Process. Consistent with California
Government Code Section 66300.6(b)(4)(A), the proiect sponsor shall provide the household financial
payments in the amounts required to be paid by public entities under California Government Code
Sections 7260-7277, as amended from time to time. The Department's Implementation Document shall
include procedures and guidelines for proiect sponsors who wish to provide relocation assistance
under this option.
(iii) The Department shall develop procedures for Lower-Income
Households to provide the Department and proiect sponsor confirmation at least once every twelve
months that they remain eligible for the additional relocation assistance described in subparagraphs a.
orb. of subsection (ii), as applicable, and that they intend to occupy a Comparable Unit under
subsection (d)(2)(D) upon completion, as a condition o[receiving the additional relocation assistance.
Information related to a displaced household's source ofincome shall be treated as confidential
information.
(iv) ![paying relocation assistance under subparagraphs a. orb. of
subsection (ii) would constitute an undue financial hardship for the proiect sponsor in light of all of the
resources available to them, the proiect sponsor may file a written request with the Rent Board for a
hardship adiustment, on a form provided by the Rent Board and with supporting evidence. The Rent
Board, or its designated Administrative Law Judges, may order a payment plan or any other relief they
determine is iustified following a hearing on the request.
(v) The relocation assistance set forth in this Section 31 7.2(d)(2)(C) is
not intended to affect any assistance the displaced household may be entitled to under federal or state
law. !fa displaced household is also entitled to receive relocation assistance under Chapter 37 o[the
Administrative Code, then the proiect sponsor may apply the amounts paid under Chapter 37 as a
credit against the amounts required under this Section 3 l 7.2(d)(2)(C).
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(D) Right o(First Refusal For Comparable Units. The proiect sponsor shall
offer Comparable Units to Existing Occupants of Protect~ Units as set forth below. The City shall not
issue a Temporary or Final Certificate of Occupancy unless the Planning Department has certified that
the proiect sponsor has complied with these requirements, the applicable notice rules under subsection
(E), as well as any offer and acceptance procedures and guidelines set forth in the Department's
Implementation Document.
(i) The proiect sponsor shall provide above Lower-Income Households a
right of first refitsal for a Comparable Unit available in the new housing development. or if the
development is not a housing development, in a Comparable Unit associated with the new development,
provided such development is a rental housing development.
(ii) The proiect sponsor shall provide Lower-Income Households a right
of.first refusal for a Comparable Unit available in the new housing development, or if the development
is not a housing development. in any required Comparable Units associated with the new development
at an atfprdable rent or an atfprdable housing cost. To ensure the Comparable Unit is atfprdable to
the Lower Income Household. the proiect sponsor shall offer the unit either at the Existing Occupant's
prior rental rate (plus any annual rent increases that may have been allowed under Administrative
Code Sections 37.3(a)(J )-(2)) or at an Atfprdable Rent, whichever is lower,· or at an Affordable
Housing Cost. !fa Lower-Income Household has been accepting relocation assistance in the form ofa
substitute housing unit, their decision not to accept a Comparable Unit under this subsection (ii) shall
not affect their right to continue occupying the substitute housing unit. Jfa Lower-Income Household
accepts a Comparable Unit at their prior rental rate which is lower than the Affordable Rent. any
annual rent increase shall be governed by Administrative Code Section 37.3(a)(J )-(2) for the duration
o(the Lower-Income Household's tenancy. At the conclusion of the tenancy, the Comparable Unit
shall be an Affordable Unit subiect to the requirements of Section 415 and the Inclusionary Affordable
Housing Procedures Manual.
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(iii) Consistent with California Government Code Sections
66300.6(b)(4)(B)(i)-{iii), Existing Occupants shall not have a right o[first refitsal under this subsection
(D) to a Comparable Unit in any o[the following circumstances:
a. a development project that consists of a single residential unit
located on a site where a single Protected Unit is being demolished,·
b. units in a Housing Development Project in which 100 percent
of the units, exclusive of a manager 's unit or units, are reserved for Lower-Income Households, except
in the case ofan Existing Occupant of a Protected Unit who qualifies for residence in the new
development and for whom providing a Comparable Unit would not be precluded due to unit size
limitations or other requirements of one or more funding source o[the housing development,· or
c. a development project that meets the requirements set forth in
California Government Code Section 66300.6(b)(J )(C).
(e) Notice Requirements. In addition to any other notices required by this Code, a project
sponsor shall comply with the notice requirements under subsections (e)(l) and (e)(2), below. The
Department shall create forms to assist project sponsors in providing these notices, and may include
additional rules and guidelines in the Replacement Unit Implementation Document. The project
sponsor shall provide copies o[these notices to the Department at the time they provide them to the
Existing Occupants, unless otherwise specified. The Department shall also develop forms for Existing
Occupants to keep the project sponsor and Department apprised a/future changes ofphysical address,
telephone number, and electronic mail.
(]) Posted Notice at Site. Within seven days o[receiving notice that their Development
Application is complete or has been deemed complete, the project sponsor shall place posters at the
subject property that includes the content set forth in Section 333(d). The posters shall comply with the
requirements of Section 333(e)(l), and shall remain at the property until the Department issues a
Planning Approval Letter or until the project sponsor withdraws or cancels the application. This
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notice shall be in addition to any notices required by the Building Code or any other State or local law.
In addition to the locations required by Section 333(e)(J ), the proiect sponsor shall also place posters
in at least one high-traffic area used by tenant households. The requirements of this subsection
31 7.2(e)(J) may be modified upon a determination by the Zoning Administrator that a different location
for the poster would provide better notice or that physical conditions make this requirement impossible
or impractical, in which case the notice shall be posted as directed by the Zoning Administrator.
(2) Notifications to Existing Occupants. Proiect sponsors must provide notice to
Existing Occupants as set forth below, and as fi1rther required in the Implementation Document, by
certified mail and email, in the Required languages and in languages spoken by a Substantial Number
of Limited English Speaking Persons as those terms are defined in Administrative Code Chapter 91.
(A) Notice of Right to Remain. Proiect sponsors shall notify all Existing
Occupants o[their right to remain consistent with Section 317.2(d)(2)(A).
(B) Notice o{Right to Relocation Benefits. Proiect sponsors shall notify all
Existing Occupants of their right to relocation assistance under Section 31 7.2(d)(2)(C). Such notice
shall include information on relocation specialists and relocation payments.
(C) Notice of a Right of First Refusal. Proiect sponsors shall notify all
Existing Occupants o(their right offirst refusal for a Comparable Unit under Section 317.2(d)(2)(D).
Any household that intends to exercise this right must inform the proiect sponsor within 180 days of
receiving the notice, with a copy to the Planning Department and the Rent Board. The Implementation
Document shall include guidelines for satisfying this section, including procedures and time lines for
accepting a Replacement Unit.
(D) Notice o{Maior Milestones for Existing Occupants who Intend to
Exercise a Right of First Refusal. Proiect sponsors shall notify all Existing Occupant o(maior
milestones in the development process, including but not limited to:
(i) the start ofconstruction,·
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(ii) on at least a bi-annual basis, the anticipated date of when
occupancy will be available;
OiiJ at least 180, 90, and 30 days in advance of the anticipated
availability of the unit prior to the issuance of the Temporary or Final Certificate of Occupancy,·
Ov) when the Temporary Certificate of Occupancy is issued: and
(v) when the Final Certificate of Occupancy is issued.
(E) Notice o(Replacement Unit Availability for Right o{First Refusal. Proiect
sponsors shall make offers of Replacement Units in writing by certified mail and electronic mail and
shall file a copy of the offer with the Planning Department within 15 days o{the offer. The Existing
Occupant shall have 30 days from receipt of the offer to notify the proiect sponsor whether they accept
or reiect the offer, and if they accept, shall occupy the unit within 60 days of receipt of the offer or
when the project receives its Temporary or Final Certificate of Occupancy for the Replacement Unit,
whichever occurs last. Nothing in this section shall preclude tenants from contacting the project
sponsor to inquire about progress throughout the construction period. or the leasing or sales process.
(F) Notice o(Right to Return i(Demolition Does Not Proceed. The proiect
sponsor shall notify all Existing Occupants of their right to return to their former rental unit at their
prior rental rate if a Development Project does not proceed and the property is returned to the rental
market, at least 30 days prior to returning the property to the rental market.
(f) Private Right of Actioni Civil Penalties.
(I) An aggrieved tenant, or any organization with tax exempt status under United
States Code Section 501 (c)(3) or 501 (c)(4)non profit with that has a primary mission of
protecting tenants in San Franciscothat is acting on behalf of an aggrieved tenant. may file a civil
action for monetary damages and/or injunctive relief against any project sponsor, including any
person(s) acting on their behalf and any successors-in-interest. to enforce violations o[this Section
31 7.2.
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(2) A prevailing tenant may be awarded compensatory damages. In addition, for
violations of subsection (d)(2) a court may impose civil penalties up to $10,000 per violation, treble
damages for willful violations, civil penalties up to $5,000 per violation depending upon the severity of
the violation if the tenant is 65 years or older or disabled. and for violations of subsection (d)(2)(B)
punitive damages in an amount that does not exceed the total rent the Existing Occupant owed for the
six months before they vacated the unit. The prevailing party shall be awarded reasonable attorneys'
fees and costs.
(3) The remedies in this paragraph are not exclusive and do not preclude any tenant or
the City from seeking any other legal or equitable remedies, penalties, or punitive damages as provided
by law.
(4) This subsection (j) does not impose liability on a party for violating the notification
requirements of subsection (e)(2)(D), so long as the party can demonstrate substantial compliance with
those requirements.
(g) Other Tenant Rights and Privileges. All tenants of Replacement Units shall have the same
rights and privileges of other tenants in the same building or complex, as applicable and if provided
generally in the development, with respect to common space amenities, entry into the building, and
building services, including access to laundry facilities, gardens or yards, health facilities and
recreational space, property management and security services, repairs and maintenance, access to
any parking spaces, access to doors and keys, and building rules and regulations.
SEC. 333. PUBLIC NOTIFICATION PROCEDURES.
* * * *
(d) Content of Notice.
(1) All notices provided pursuant to this Section 333 shall have a format and
content determined by the Zoning Administrator, and shall at a minimum include the following:
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* * * *
(C) the basic details of the project, including whether the project is a
demolition, new construction, alteration, or change of use; and basic details comparing the
existing and proposed conditions at the property including building height, number of stories,
dwelling unit count, number of parking spaces, and the use of the building; end
(D) instructions on how to access the online notice and plan sets for the
project, including how to obtain paper copies of the plan sets, and additional information for
any public hearings required by the Planning Code and for which public notification is required
for a development application: the date, time and location of the hearing; instructions for how
to submit comments on the proposed project to the hearing body; and an explanation as to
why the hearing is required,.,· and
(E) i(the Project requires the demolition o(Residential or Unauthorized Units,
as those terms are defined in Sections 102 and 31 7, the notice shall also include information regarding
Section 31 7.2, including information about the protections for Existing Occupants as described in
Section 317.2(d)(2).
* * * *
SEC. 415.4. IMPOSITION OF REQUIREMENTS.
*
*
*
*
(g) The Planning Department shall note the existence of any units provided under Section
415. 6 in a Housing Development Project on a publicly-accessible website.
SEC. 415.5. AFFORDABLE HOUSING FEE.
The fees set forth in this Section 415.5 will be reviewed when the City completes an
Economic Feasibility Study. Except as provided in Section 415.5(9), all development projects
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subject to this Program shall be required to pay an Affordable Housing Fee subject to the
following requirements:
(a) Timing of Fee Payments. The fee shall be paid to DBI for deposit into the Citywide
Affordable Housing Fund at the time required by Section 402(d).
(b) Amount of Fee. The amount of the fee that may be paid by the project sponsor
subject to this Program shall be determined by MOHCD utilizing the following factors:
*
*
* *
(7) If the principal project has resulted in demolition, com,•ersi01i, 01· remov€tl of
affordable housing units that are subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate-, low- or very low-
income, or housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power and determined to be affordable housing, the proiect sponsor
shall comply with Section 31 7. 2. the Commission or t:he Dep€trt:ment: sh€tll require t:h€tt: #w project:
SJ3onsor pay the Inclusion€try Affordable Housing Fee equiv€tlent: for the number &jajford€tble 1mit:s
removed, in €tddit:ion w COH1J3li€tnce wit:h t:he inch1sion€try requirement:s set /(wt:h in t:his Section.
SEC 415.6. ON-SITE AFFORDABLE HOUSING ALTERNATIVE.
If a project sponsor elects to provide on-site units pursuant to Section 415.5(g), the
development project shall meet the following requirements:
(a) Number of Units. The number of units constructed on-site shall be as follows:
*
*
*
*
(12) If the Principal Project has resulted in demolition, conversion, or re,"l10v€tl of
affordable housing units that are subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate-, low- or very-low-
income, or housing that is subject to any form of rent or price control through a public entity's
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valid exercise of its police power and determined to be affordable housing, the proiect sponsor
shall comply with Section 317. 2. the Cemmission or the Depert,"lwnt shell require #mt #w preject
sponsor replece the m1mher ofAfferdehl,e U,qits renw11ed with units <>}€1 compemhte m1mher <>f
bedrooms end sefos prices or rents, in eddition te complience with the requirements set forth in this
Section.
* * * *
SEC 415.7. OFF-SITE AFFORDABLE HOUSING ALTERNATIVE.
If the project sponsor elects pursuant to Section 415.5(g) to provide off-site units to
satisfy the requirements of Sections 415.1 et seq., the project sponsor shall notify the
Planning Department and MOHCD of its intent prior to approval of the project by the Planning
Commission or Department. The Planning Department and MOHCD shall provide an
evaluation of the project's compliance with this Section 415. 7 prior to approval by the Planning
Commission or Planning Department. The development project shall meet the following
requirements:
(a) Number of Units: The number of units constructed off-site shall be as follows:
* * * *
(7) If the principal project or the off-site project has resulted in demolition,
ce;wersio1'l, or rem01,,el of affordable housing units that are subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of moderate-,
low- or very low-income, or housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power and determined to be affordable housing, the
proiect sponsor shall comply with Section 317.2. the Cemn'lission or the Depertment shell require thet
the project sponsor replece the nU,"l'l her o-fajfordehle imits remeved with units <>Je COH'lfJG/rG/ele
number <>}bedrooms end sel,es prices or rents, in eddition to COl'1'l[Jlimwe with the inclusionery
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requirements set forth in this S-ectio19.
* * * *
Section 4. Chapter 37 of the Administrative Code is hereby amended by revising
Sections 37.2, 37.3, 37.8B, 37.9, 37.9A, and 37.9E, to read as follows:
SEC. 37.2. DEFINITIONS.
* * * *
(r) Rental Units. All residential dwelling units in the City together with the land and
appurtenant buildings thereto, and all housing services, privileges, furnishings, and facilities
supplied in connection with the use or occupancy thereof, including garage and parking
facilities.
* * * *
(4) Except as provided in subsections (A)-(D}, dwelling units whose rents are
controlled or regulated by any government unit, agency, or authority, excepting those
unsubsidized and/or unassisted units which are insured by the United States Department of
Housing and Urban Development; provided, however, that units in unreinforced masonry
buildings which have undergone seismic strengthening in accordance with Existing Building
Code Chapters 5B and 5C16B tmd 16G shall remain subject to the Rent Ordinances to the
extent that the ordinance is not in conflict with the seismic strengthening bond program or with
the program's loan agreements or with any regulations promulgated thereunder;
* * * *
(D) The term "rental units" shall include (i) Accessory Dwelling Units
constructed pursuant to Section 207.1 of the Planning Code and that have received a
complete or partial waiver of the density limits and the parking, rear yard, exposure, or open
space standards from the Zoning Administrator pursuant to Planning Code Section 307(1); (ii)
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New Unit(s) constructed and funded pursuant to Administrative Code Chapter 85; (iii) new
dwelling units created pursuant to the density exception set forth in Section 207(c)(8) of the
Planning Code; (iv) new dwelling units created pursuant to the HOME-SF Program set forth in
Section 206.3(c)(1 )(B) of the Planning Code; (v) new dwelling units created pursuant to the
density exception set forth in Section 249.94(d)(1) of the Planning Code; 01'/d-(vi) dwelling
units that obtain the exemption from the conditional use authorization set forth in Section
317(c)(10) of the Planning Code,· and (vii) any unit subiect to a Regulatory Agreement imposing the
rent increase limitations of this Chapter 37, including Replacement Units created under Planning Code
Sections 31 7.2(d)(l )(B) or (d)(2)(D)(ii).
* * * *
SEC. 37.3. RENT LIMITATIONS.
(a) Rent Increase Limitations for Tenants in Occupancy. Landlords may impose
rent increases upon tenants in occupancy only as provided below and as provided by
subsections 37.3(d) and 37.3(g):
* * * *
(3) Capital Improvements, Rehabilitation, and Energy Conservation
Improvements, and Renewable Energy Improvements. A landlord may impose rent
increases based upon the cost of capital improvements, rehabilitation, energy conservation
improvements, or renewable energy improvements, provided that such costs are certified
pursuant to Sections 37.7 and 37.88 below; provided further that where a landlord has
performed seismic strengthening in accordance with Existing Building Code Chapters 5B and
5C16B a,~d 16G, no increase for capital improvements (including but not limited to seismic
strengthening) shall exceed, in any 12 month period, 10 percent of the tenant's base rent,
subject to rules adopted by the Board to prevent landlord hardship and to permit landlords to
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continue to maintain their buildings in a decent, safe and sanitary condition. A landlord may
accumulate any certified increase which exceeds this amount and impose the increase in
subsequent years, subject to the 10 percent limitation. Nothing in this subsection shall be
construed to supersede any Board rules or regulations with respect to limitations on increases
based upon capital improvements whether performed separately or in conjunction with
seismic strengthening improvements pursuant to Existing Building Code Chapters 5B and
5C16B and 16G.
* * * *
(d) Costa-Hawkins Rental Housing Act (Civil Code Sections 1954.50. et seq.).
Consistent with the Costa-Hawkins Rental Housing Act (Civil Code Sections 1954.50. et seq.)
and regardless of whether otherwise provided under Chapter 37:
(1) Property Owner Rights to Establish Initial and All Subsequent Rental
Rates for Separately Alienable Parcels.
(A) An owner of residential real property may establish the initial and all
subsequent rental rates for a dwelling or a unit which is alienable separate from the title to any
other dwelling unit or is a subdivided interest in a subdivision as specified in subdivision (b),
(d), or (f) of Section 11004.5 of the California Business and Professions Code. The owner's
right to establish subsequent rental rates under this subsection (d)(1 )(A) shall not apply to a
dwelling or unit where either of the following apply:
* * * *
(ii) The preceding tenancy has been terminated by the owner by
notice pursuant to California Civil Code Section 1946,1 or has been terminated upon a change
in the terms of the tenancy noticed pursuant to California Civil Code Section 827; in such
instances, the rent increase limitation provisions of Chapter 37 shall continue to apply for the
duration of the new tenancy in that dwelling or unit.
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{JjJ_fGf An owner's right to establish subsequent rental rates under
Subsection 37 .3(d)(1) shall not apply to a dwelling or unit which contains serious health,
safety, fire or building code violations, excluding those caused by disasters, for which a
citation has been issued by the appropriate governmental agency and which has remained
unabated for six months or longer preceding the vacancy.
{.g_ff)f An owner's right to establish subsequent rental rates under
subsection 37.3(d)(1) shall not apply to a dwelling or unit that is a new dwelling unit created
pursuant to the Code provisions specified in subsection 37.2(r)(4)(D), or a dwelling unit that
utilizes the Code provisions specified in subsection 37.2(r)(4)(D).
* * * *
(f) Costa-Hawkins Vacancy Control. Where a landlord has terminated the previous
tenancy as stated in either subsection (1), (2) or (3) below, for the next five years from the
termination, the initial base rent for the subsequent tenancy shall be a rent not greater than
the lawful rent in effect at the time the previous tenancy was terminated, plus any annual rent
increases available under this Chapter 37. This Section 37.3(f) is intended to be consistent
with California Civil Code Section 1954.53(a)(1 )(A)-(8).
(1) Where the previous tenancy was terminated by a notice of termination of
tenancy issued under California Civil Code Section 1946.1 stating the ground for recovery of
possession under Sections 37.9(a)(8), (9), (10), (11), &-(14), or (1 7) of this Code. For
purposes of the termination of tenancy under Section 37.9(a)(9), the initial rent for the unit
may be set by a subsequent bona fide purchaser for value of the condominium.
* * * *
SEC. 37.88. EXPEDITED HEARING AND APPEAL PROCEDURES FOR CAPITAL
IMPROVEMENTS RESULTING FROM SEISMIC WORK ON UNREINFORCED MASONRY
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BUILDINGS PURSUANT TO BUILDING CODE CHAPTERS 5B AND 5C16JJ AND 16C
WHERE LANDLORDS PERFORMED THE WORK WITH A UMB BOND LOAN.
This section contains the exclusive procedures for all hearings concerning
certification of the above-described capital improvements. Landlords who perform such work
without a UMB bond loan are subject to the capital improvement certification procedures set
forth in Section 37.7 above.
(a) Requirements for Certification. The landlord must have completed the capital
improvements in compliance with the requirements of Existing Building Code Chapters 5B and
5CJ6B and 16G. The certification requirements of Section 37.7(b)(2) and (b)(3) are also
applicable.
* * * *
(c) Eligible Items; Costs. Only those items required in order to comply with Existing
Building Code Chapters 5B and 5CJ6B and J6C may be certified . The allowable cost of such
items may not exceed the costs set forth in the Mayor's Office of Economic Planning and
Development's publication of estimated cost ranges for bolts plus retrofitting by building
prototype and/or categories of eligible construction activities.
*
*
*
*
SEC. 37.9. EVICTIONS.
Notwithstanding Section 37.3, this Section 37.9 shall apply as of August 24, 1980, to all
landlords and tenants of rental units as defined in Section 37.2(r).
(a) A landlord shall not endeavor to recover possession of a rental unit unless:
* * * *
(10) The landlord seeks to recover possession in good faith in order to demolish
or to otherwise permanently remove lhe-individual rental unit(s) within a building rather than all
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the units from housing use and has obtained all the necessary permits on or before the date
upon which notice to vacate is given, and does so without ulterior reasons and with honest
intent; provided that a laruilord who seeks to recover possession imder this Sectio1i 37.9(s)(10) shaU
subiect to the payment of relocation expenses as provided in Section 37.9C except that a landlord
who seeks to demolish an wi1·einforced ,"liasol'lry' biti!:dingpursua1it to Building Code Chepters 16B and
16G mid mitst p1·ovide the tc;iaNt with the relocation assista190e specified in Section 3 7. 9A (f) below
prior to the tenant's vacating the premises; or
(11) The landlord seeks in good faith to remove temporarily the unit from
housing use in order to be able to carry out capital improvements or rehabilitation work that
would make the unit hazardous, unhealthy, and/or uninhabitable while work is in progress,
and has obtained all the necessary permits on or before the date upon which notice to vacate
is given, and does so without ulterior reasons and with honest intent. Any tenant who vacates
the unit under such circumstances shall have the right to reoccupy the unit at the prior rent
adjusted in accordance with the provisions of this Chapter 37. The landlord may require the
tenant to vacate the unit only for the minimum time required to do the work.
(A) On or before the date upon which notice to vacate is given, the
landlord shall: (i) advise the tenant in writing that the rehabilitation or capital improvement
plans are on file with the Central Permit Bureau of the Department of Building Inspection and
that arrangements for reviewing such plans can be made with the Central Permit Bureau, and
(ii) provide the tenant a disclosure form prepared by the Board that advises the tenant of the
tenant's right to return; end (iii) provide the tenant a form prepared by the Board that the
tenant can use to keep the Board apprised of any future change in address,· and (iv) provide the
tenant a form prepared by the Board that lower-income tenants can use to seek additional monthly
relocation assistance under subsection (D).
* * * *
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(C) The tenant shall not be required to vacate pursuant to this Section
37.9(a)(11), for a period in excess of three months; provided, however, that such time period
may be extended by the Board (including its Administrative Law Judges) upon application by
the landlord.
(i) In reviewing an application for an extension of time, the Board
shall first determine whether the landlord has demonstrated that all of the work is reasonable
and necessary to meet state or local requirements concerning the safety or habitability of the
building or the unit, rather than elective in nature. If so, the Board shall only consider whether
the landlord has delayed in seeking the extension; and the reasonableness of the landlord's
time estimate.
(ii) Alternatively, if the Board determines that not all of the work is
reasonable and necessary to meet state or local requirements concerning the safety or
habitability of the building or the unit, the Board shall consider the degree to which the work is
elective in nature; whether any tenants have objected that the cost of securing alternative
housing during the time extension would cause them a financial hardship, and/or that they are
60 years of age or older or disabled; and any other extraordinary circumstances. The Board
shall also consider whether the landlord has offered reasonable mitigation, other than the
relocation expenses required by subsection (D)Sectio1q 37.9G, to address the hardship imposed
upon the tenant, such as additional relocation assistance or temporary occupancy of another
vacant unit should one be available.
(iii) The Board may grant or deny an application for an extension
of time or may approve a shorter period of time, based upon the consideration of the facts of
the case. The Board shall adopt rules and regulations to implement the application procedure.
If the landlord does not timely allow the tenant to reoccupy the unit, and upon completion of
the work the subsequent occupant is someone other than the original tenant, there shall be a
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rebuttable presumption that the original tenant did not reoccupy the unit due to the delay and
therefore, for purposes of restricting the rent as set forth in Section 37.3(f)(1 ), that the original
tenancy was terminated by the landlord.
(D) Any landlord who seeks to recover possession under this Section
37.9(a)(11) shall pay relocation expenses as provided in Section 37.9C. In addition, ifa tenant
who is lower-income as defined in California Health and Safety Code section 50079.5 will be required
to vacate for in excess ofthree months pursuant to a notice to vacate under this subsection (a)(] I) that
was served on or after the effective date o(the ordinance in Board o(Supervisors File No. 250926, then
the tenant shall be entitled to receive additional relocation assistance, as set forth below.
(i) A lower-income tenant seeking additional relocation assistance on or
after the three-month mark shall submit a form to the Board and to the landlord that includes a
verification of the tenant's income, the number o(persons who resided with them in the unit, and any
other information the Board may deem is necessary in order to calculate the amount of additional
relocation assistance authorized under this subsection (D). The landlord may also submit information
to the Board to assist the Board in making this calculation. The Board shall inform the parties of the
additional relocation assistance required within 30 days of receiving the tenant 's verification form, or
within 45 days i(the landlord has also submitted information. Information related to a tenant's
source of income shall be treated as confidential information.
(ii) The amount of additional relocation assistance shall be equivalent to
the monthly difference between the rent that the tenant was paying as of the date of the notice to vacate,
and the San Francisco Housing Authority Payment Standard for that unit size (or the amount the tenant
is paying for interim housing, whichever is less). The landlord shall provide the tenant the Board-
determined amount each month, until the tenant has accepted or reiected an offer to reoccupy the unit
after completion of the work (but in no case for more than 39 months).
(iii) The Board shall require tenants to reconfirm their eligibility as
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described in subsection (i) and to certify their intent to return to the unit upon completion of the work,
at least once every twelve months, as a condition of receiving the additional assistance.
(iv) Either party may challenge a determination regarding additional
relocation assistance by seeking a hearing before a Board Administrative Law Judge. In addition, if
the additional assistance would constitute an undue financial hardship for the landlord in light of all of
the resources available to them, the landlord also may file a written request for a hardship adiustment,
on a form provided by the Board and with supporting evidence. The Board, or its designated
Administrative Law Judges, may order a payment plan or any other reliefthey determine is iustified
following a hearing on the request.
* * * *
(17) The landlord seeks to recover possession in good faith in order to complete a
development proiect that will require a Residential Demolition under Section 317 of the Planning
Code, and has obtained all the necessary permits on or before the date upon which notice to vacate is
given. Consistent with Planning Code Section 317.2(b)(2)(A), the effective date of the notice to vacate
for above lower-income tenants shall not fall more than six months before the start of construction
activities provided for in the permit, and not more than three months before the start o[construction
activities in the case o[lower-income households. Consistent with Planning Code Section
317.2(b)(2)(B), i[the landlord does not proceed with the demolition and re-rents any of the units, then
the displaced tenant shall be allowed to return to the unit at a rent not greater than that which would
have applied had they remained in continuous occupancy.
* * * *
(c) Notices to Vacate. A landlord shall not endeavor to recover possession of a rental
unit unless at least one of the grounds enumerated in Section 37.9(a) or (b) above is (1) the
landlord's dominant motive for recovering possession and (2) unless the landlord informs the
tenant in writing on or before the date upon which notice to vacate is given of the grounds
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under which possession is sought. For notices to vacate under Sections 37.9 (a)(1 ), (2), (3),
(4), (5), or (6), the landlord shall prior to serving the notice to vacate provide the tenant a
written warning and an opportunity to cure as set forth in Section 37.9 (o). For notices to
vacate under Sections 37.9 (a)(8), (9), (10), (11 ), eF-(14), or (1 7), the landlord shall state in the
notice to vacate the lawful rent for the unit at the time the notice is issued, before endeavoring
to recover possession . The Board shall prepare a written form that (1) states that a tenant's
failure to timely act in response to a notice to vacate may result in a lawsuit by the landlord to
evict the tenant, and that advice regarding the notice to vacate is available from the Board;
and (2) includes information provided by the Mayor's Office of Housing and Community
Development regarding eligibility for affordable housing programs. The Board shall prepare
the form in English, Chinese, Spanish, Vietnamese, Tagalog, and Russian and make the form
available to the public on its website and in its office. A landlord shall attach a copy of the form
that is in the primary language of the tenant to a notice to vacate before serving the notice,
except that if the tenant's primary language is not English, Chinese, Spanish, Vietnamese,
Tagalog, or Russian, the landlord shall attach a copy of the form that is in English to the
notice. A copy of all notices to vacate except three-day notices to pay rent or quit and a copy
of any additional written documents informing the tenant of the grounds under which
possession is sought shall be filed with the Board within 10 days following service of the
notice to vacate. In any action to recover possession of the rental unit under Section 37.9-, the
landlord must plead and prove that at least one of the grounds enumerated in Section 37.9-(a)
or (b) and also stated in the notice to vacate is the dominant motive for recovering
possession. Tenants may rebut the allegation that any of the grounds stated in the notice to
vacate is the dominant motive.
* * * *
U) The following additional provision shall apply to a landlord who seeks to recover a
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rental unit by utilizing the grounds enumerated in Sections 37.9(a)(8), (a)(9), (a)(10), (a)(11 ),
0r(a)(12), or (a)(J 7).
(1) It shall be a defense to an eviction under Sections 37.9(a)(8), (a)(9), (a)(10),
(a)(11 ), 0r(a)(12). or (a)(l 7) if a child under the age of 18 or any educator resides in the unit,
the child or educator is a tenant in the unit or has a custodial or family relationship with a
tenant in the unit, the tenant has resided in the unit for 12 months or more, and the effective
date of the notice of termination of tenancy falls during the school year.
(2) Section 37.9U)(1) shall not apply where the landlord is seeking to
temporarily evict or temporarily sever housing services in order to perform seismic work
required by Building Code Chapter 34B and has provided notice and compensation as
required by Administrative Code Chapter 65A.
(3) Within 30 days of personal service by the landlord of a written request, or, at
the landlord's option, a notice of termination of tenancy under Sections 37.9(a)(8), (a)(9),
(a)(10), (a)(11 ), 0r(a)(12), or (a)(l 7), the tenant must submit a statement with supporting
evidence to the landlord, if the tenant claims to be a member of the class protected from
eviction by Section 37.9U). The landlord's written request or notice shall contain a warning that
a tenant's failure to submit a statement within the 30 day period shall be deemed an
admission that the tenant is not protected from eviction by Section 37.9U). The landlord shall
file a copy of the landlord's request or notice with the Rent Board within 10 days of service on
the tenant. A tenant's failure to submit a statement within the 30 day period shall be deemed
an admission that the tenant is not protected from eviction by Section 37.9U). A landlord may
challenge a tenant's claim of protected status either by requesting a hearing with the Rent
Board or, at the landlord's option, through commencement of eviction proceedings, including
service of a notice of termination of tenancy. In the Rent Board hearing or the eviction action,
the tenant shall have the burden of proof to show protected status. No civil or criminal liability
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under Section 37.9(e) or (f) shall be imposed upon a landlord for either requesting or
challenging a tenant's claim of protected status.
* * * *
(I) Hearings on Alleged Wrongful Endeavor To Recover Possession Through Tenant
Harassment.
(1) Upon receipt e>faA current or former tenant may submit a report to the Rent Board
alleging wrongful endeavor to recover possession of the tenant's unit through harassment
Upon receipt o(such a report, the Board through its Executive Director shall send a notice to the
landlord and the tenant acknowledging receipt of the reportL €H'ld-summarizing the rights and
responsibilities of landlords and tenants regarding possession of, and eviction from,
residential rental units. and requesting that the landlord submit a written response to the Board
within seven days. If the tenant remains in possession of the unit and the harassment is alleged to be
ongoing. the Executive Director shall also request that the landlord submit a compliance plan. A
compliance plan is not an admission of!iability but a plan to avoid future claims of harassment.
m Upon consideration of such report and any response, the Executive Director
shallm£1Y schedule an investigative hearing on the allegations before a Board Administrative
Law Judge i(the Executive Director determines that all o(the following apply:
(A) The alleged harassment occurred after the effective date of the ordinance in
Board File No. 250926, and within 12 months o(the date of the report:
(B) The alleged harassment resulted in the unit becoming uninhabitable, is
ongoing against the tenant who submitted the complaint, or is part of a pattern and practice of tenant
harassment based on claims previously submitted by other tenants in the building within the last 12
months:
(C) The alleged harassment is so severe that it has materially impacted
a tenant's enjoyment of the unit;
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LQlfG-t The allegations will be supported by documentary evidence, and/or with
testimony of a witness other than the complaining tenant,· and
!!lH·et The allegations are not frivolous.
The Rent Board need not hold a hearing if a related civil or criminal action is already pending. The
Rent Board may adopt regulations consistent with this Chapter 3 7 to further define the standards for
when the Executive Director shall schedule investigative hearings and the conduct of such hearings.
(3) The Executive Director shall schedule any such hearing within 45 days after receipt
of the report of alleged harassment, or as soon as practicable thereafter. b~oth the tenant and the
landlord may appear at the hearing and make oral and/or written presentations, including
presentation of other witnesses. Following such hearing, the Administrative Law Judge shall
issue findings and conclusions in regard to whether harassment occurred that was severe enough
that it materially impacted the tenant's enjoyment of the unit, and in the case ofa prior tenant
whether the prior tenant vacated the unit due to the harassment for purposes of Planning Code Section
31 7.2. The findings and conclusions may be appealed by either party to pr01,•ide the Board under
Section 3 7. 8. with cl sum,"iqclry <>Jevide1qce pF0€h1ced clt the heewilqg.
{!!J_f# In addition to considering any appeals, Up0n Feview of the evide1qce, the Board
shall also consider whether to undertake any further proceedings such as, but not limited to,
civil litigation pursuant to Section 37.9(f), or referral to the District Attorney for potential criminal
prosecution (see Section 37.9(e)).
{JJ_(Jf For purposes of this Subsection 37.9(1), harassment meansincludes but is
1q0t limited te the types of harassment defined in Section 37 .1 OB( a)( 1 )-(6) and (8)-(14).
* * * *
(n) A landlord who serves a notice to vacate under Section 37.9(a)(8) for the purpose of
recovering possession ofthe unit for their own use or occupancy or for their family members may seek
approval from the Rent Board to rescind the notice or stop eviction proceedings at any time, but if the
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tenant vacates within one year ofthe date of service of the notice, the tenancy is rebuttably presumed to
have been terminated by the landlord pursuant to the notice for purposes of Planning Code Section
31 7(d)(6) and Administrative Code Section 37.3(!)(1 )fAtW. This presumption shall apply even i(the
tenant vacates the unit after the notice has been rescinded, and a written statement from the tenant that
they are leaving the unit of their own volition signed as part ofa settlement whereby the tenant is
required to vacate the unit is insu(ficient to rebut this presumption.
* * * *
SEC. 37. 9A. TENANT RIGHTS IN CERTAIN DISPLACEMENTS UNDER SECTION
37.9(a)(13).
This Section 37.9A applies to certain tenant displacements under Section 37.9(a)(13),
as specified.
* * * *
(c) Rights to Re-Rent. Any owner who again offers for rent or lease any unit after
service of a notice to quit under Section 37.9(a)(13) shall offer units within the
accommodations for rent or lease as follows:
* * * *
(5) Commencing July 18. 2022July 1, 2022, or on the effectii.'e date of the
ordinance in Board of Supervisors File No. 220341 enacting this subsection (c)(5), 1Nhichever
is later, an owner who re-rents a unit within an accommodations during the time period
specified in Subsection (c)(2) must offer all the units within the accommodations for rent, and
may not decline to make a written re-rental offer to any tenant or lessee who occupied a unit
when the owner gave the Rent Board notice of its intent to withdraw the accommodations in
the manner and within the time frame specified in Section 37.9A(c). But the requirements of
this Subsection (c)(5) shall not apply to: (i) a unit that was the principal place of residence of
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any owner or owner's family member at the time of withdrawal, provided that it continues to be
that person's or those persons' principal place of residence when accommodations are
returned to the rental market as provided in this Subsection (c)(5); or (ii) a unit that is the
principal place of residence of an owner when the accommodations are returned to the rental
market, if it is the owner's principal place of residence, at the time of return to the rental
market, as provided in this Subsection (c)(5). If the owner vacates the unit within 10 years
from the date of withdrawal, the owner shall, within 30 days of vacating the unit, offer to re-
rent if required under this Subsection (c)(5).
* * * *
(f) Notice to Rent Board; Recordation of Notice; Effective Date of Withdrawal.
* * * *
(1) Any owner who intends to withdraw rental units from rent or lease shall
notify the Rent Board in writing of said intention. An owner may not withdraw from rent or
lease less than all units within the accommodations as defined by paragraphs (1) or (2) of
subdivision (b) of California Civil Code Section 7060. Said notice shall contain statements,
under penalty of perjury, providing information on the number of residential units, the address
or location of those units, the name or names of the tenants or lessees of the units, whether
any landlord intends to demolish any of the accommodations within the next five years, and
the rent applicable to each residential rental unit. Said notice shall be signed by all owners of
record of the property under penalty of perjury and shall include a certification that actions
have been initiated as required by law to terminate existing tenancies through service of a
notice of termination of tenancy. The notice shall also disclose for informational purposes
only whether the landlord intends to demolish the accommodations within the next five years.
The notice must be served by certified mail or any other manner authorized by law prior to
delivery to the Rent Board of the notice of intent to withdraw the rental units. Information
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respecting the name or names of the tenants, the rent applicable to any unit, or the total
number of units, is confidential and shall be treated as confidential information by the City for
purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing
with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. The City shall, to the
extent required by the preceding sentence, be considered an "agency," as defined by
Subdivision (b) of Section 1798.3 of the Civil Code.
(2) Prior to the effective date of withdrawalwith drawal of rental units under this
Section, the owner shall cause to be recorded with the County Recorder a memorandum of
the notice required by Subsection (f)(1) summarizing its provisions, other than the confidential
provisions, in substantially the following form:
Memorandum of Notice Regarding Withdrawal of Rental Unit From Rent or
Lease
This memorandum evidences that the undersigned, as the owner(s) of the property
described in Exhibit A attached, has filed a notice, whose contents are certified under penalty
of perjury, stating the intent to withdraw from rent or lease all units at said property, pursuant
to San Francisco Administrative Code Section 37.9A and the Ellis Act (California Government
Code Sections 7060 et seq.).
(Signature)
* * * *
~fat Within 15 days of delivery of a Subsection (f)(1) notice of intent to the Rent
Board, the owner shall provide notice to any tenant or lessee to be displaced of the following:
(A) That the Rent Board has been notified pursuant to Subsection (f)(1 );
(B) That the notice to the Rent Board specified the name and the amount of rent
paid by the tenant or lessee as an occupant of the rental unit;
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(C) The amount of rent the owner specified in the notice to the Rent Board;
(D) The tenant's or lessee's rights to reoccupancy under Section 37.9A(c) if the
rental unit is again offered for rent or lease by a current or future owner and to relocation
assistance under Section 37.9A(e); aoo
(E) The rights of qualified elderly or disabled tenants as described under
Subsection (f)Qlf4-t, to extend their tenancy to one year after the date of delivery to the Rent
Board of the Subsection (f)(1) notice of intent to withdraw: and
(F) With respect to notices of intent dated on or after the effective date of the
ordinance in Board File No. 250926, whether the landlords intends to demolish within the next
five years after the date of the notice and a statement that the tenant may be entitled to
additional protections in the event the unit is demolished pursuant to Planning Code Section
317.2 in the event the unit is demolished, and that the tenant may keep their contact
information on file with the Rent Board.
ffil~ Within 30 days after the effective date of withdrawal of rental units under
this Section 37.9A, the Rent Board shall record a notice of constraints with the County
Recorder which describes the property and the dates of applicable restrictions on the property
under this Section.
* * * *
SEC. 37. 9E. TENANT BUYOUT AGREEMENTS.
* * * *
(c) Definitions. For purposes of this Section 37.9E, the following definitions shall
apply:
"Buyout Agreement" means an agreement wherein the landlord pays the tenant
money or other consideration to vacate the rental unit. The term "Bi1youtAgreement" includes en
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agreement t-o settle a pe,9ding unlawful detaiJ9er action if the actio19 wasfll:ed withil9 120 deys after
Bityout Negotiations comme1wed. In aU other instances, ad_n agreement to settle a pending
unlawful detainer action shall not be a "Buyout Agreement." An agreement for a tenant to move
into a substitute unit under Planning Code Section 31 7.2(d)(2)(D)(ii), subparagraph a., also shall not
be a "Buyout Agreement."
* * * *
(d) Disclosure Required Prior to Buyout Negotiations. Prior to commencing
Buyout Negotiations for a rental unit, the landlord shall provide each tenant in that rental unit a
written disclosure, on a form developed and authorized by the Rent Board, that shall include
the following:
* * * *
(12) Information provided by the Planning Department regarding the impact of the buyout
on the tenant's eligibility for relocation assistance and other benefits if the property is redeveloped.
* * * *
(f) Requirements for Buyout Agreements. Every Buyout Agreement shall:
* * * *
(3) Include the following statements in a size equal to at least 14-point type: "You,
the tenant, have a right not to enter into a buyout agreement"; "You, the tenant, may choose
to consult with an attorney and/or a tenants' rights organization before signing this agreement.
You can find a list of tenants' rights organizations on the Rent Board's website -
www.sfrb.org"; and "The Rent Board has created a publicly available, searchable database
that may include information about other buyout agreements in your neighborhood. You can
search this database at the Rent Board's office at 25 Van Ness Avenue, Suite 320."
Immediately after each statement, there shall be a line for each tenant to affix theirhis or her
initials.
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* * * *
(5) With respect to Buyout Agreements entered into on or after the effective date of the
ordinance in Board File No. 250926, include the following statement in a size equal to at least 14-point
type: "Under Section 317.2 of the Planning Code, a tenant who is displaced by a proiect to demolish
their building may be entitled to relocation assistance or other benefits. By entering into this
agreement you may be giving up relocation assistance and other benefits that you are or may become
entitled to under the law. " Immediately after this statement, there shall be a line for each tenant to
affix their initials.
{.Q)_{Jf Include the address of the rental unit in question, as well as the Assessor's
Parcel Number (lot and block) of the building where the unit is located.
A Buyout Agreement that does not satisfy all the requirements of subsections (f)(1 )-
(Jj_f4f shall not be effective and may be rescinded by the tenant at any time. A Buyout
Agreement that does not include the initials of each tenant next to each of the statements
described in subsections (f)(2)-illf4f, as well as the initials of each tenant next to his or
answer to the question listed in subsection (f)(4), shall not be effective and may be rescinded
by the tenant at any time.
* * * *
m Findings Under Planning Code Section 317{d){8l. In furtherance of Planning
Code Section 317(d)(8), the Rent Board Executive Director shall establish procedures for an
owner or landlord to petition the Rent Board for a determination as to whether a tenant buyout
substantially complied with the applicable provisions of subsections (d)-(f) and (h). The Rent
Board shall consider substantial compliance based upon the totality of facts but may not find
substantial compliance as to violations that were intentional, willful, or that establish a pattern
and practice as to an individual tenant or multiple tenants. The tenant shall receive notice of
the petition at their last known address, and the Rent Board shall provide notice of the petition
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to any nonprofit organization as described in subsection (k)(2) that has previously requested
such notice. The tenant. and if authorized by the tenant a nonprofit organization, shall have
an opportunity to respond to the petition. The Rent Board Executive Director shall issue a
determination within 45 days after receiving the petition; or alternatively, may schedule a
hearing before an Administrative Law Judge within 45 days or as soon as practicable and
shall issue a determination within 30 days after the date of the hearing. Both landlord and
tenant (including an authorized nonprofit organization) may provide oral or written testimony at
any such hearing. Either party may appeal the Executive Director's decision to the Rent
Board, under Section 37.8.
Section 5. Prior to December 31, 2028, the Planning Department shall prepare and
submit to the Planning Commission a report analyzing the impacts of the changes enacted by
this Ordinance to Planning Code Section 317, subdivisions (b)(2)-(14), and shall recommend
as necessary or appropriate modifications to Planning Code Sections 317 and 317.2.
Section§§. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
Section ez. Severability. If any section, subsection, sentence, clause, phrase, or word
of this ordinance, or any application thereof to any person or circumstance, is held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision
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shall not affect the validity of the remaining portions or applications of the ordinance. The
Board of Supervisors hereby declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, phrase, and word not declared invalid or
unconstitutional without regard to whether any other portion of this ordinance or application
thereof would be subsequently declared invalid or unconstitutional.
Section+§,. No Conflict with Federal or State Law. Nothing in this ordinance shall be
interpreted or applied so as to create any requirement, power, or duty in conflict with any
federal or state law.
Section g~_ Undertaking for the General Welfare. In enacting and implementing this
ordinance, the City is assuming an undertaking only to promote the general welfare. It is not
assuming, nor is it imposing on its officers and employees, an obligation for breach of which it
is liable in money damages to any person who claims that such breach proximately caused
injury.
Section 810. Effective Date. This ordinance shall become effective 30 days after
enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the
ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board
of Supervisors overrides the Mayor's veto of the ordinance.
APPROVED AS TO FORM:
DAVID CHIU, City Attorney
By:
=--=
/s;,;_/ __________ _
MANU PRADHAN
Deputy City Attorney
4925-2225-3184 v.1 .docx
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City and County of San Francisco
Tails
Ordinance
City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
250926
Date Passed: January 06, 2026
Ordinance amending the Planning Code to 1) require property owners seeking to demolish residential
units to replace all units that are being demolished; 2) prohibit demolition permits for five years if a
tenant vacated a unit in the building to be demolished due to harassment or under an improper buyout
agreement, subject to certain conditions; 3) require relocation assistance to affected occupants of units
being demolished and to former occupants of those units who vacated due to certain buyout
agreements, owner move-ins, pursuant to the Ellis Act, or due to serious and imminent hazards, with
additional assistance and protections for lower-income tenants; 4) modify the Planning Code definition
of demolition; 5) modify the conditional use criteria that apply to projects to demolish residential units;
amending the Administrative Code to 6) require landlords to provide additional relocation assistance to
lower-income tenants who are being required to vacate temporarily due to capital improvements or
rehabilitation work; 7) update the standards and procedures for hearings related to tenant harassment;
8) require additional disclosures in buyout agreements; 9) require an additional disclosure in notice of
intent to withdraw units under the Ellis Act; 10) making various non-substantive changes and
clarifications; affirming the Planning Department's determination under the California Environmental
Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section
302; and making findings of consistency with the General Plan and the eight priority policies of
Planning Code, Section 101 .1.
November 17, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
November 17, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
December 01 , 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
December 01, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
December 08, 2025 Land Use and Transportation Committee - DUPLICATED
December 08, 2025 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
December 08, 2025 Land Use and Transportation Committee - CONTINUED AS AMENDED
December 15, 2025 Land Use and Transportation Committee - RECOMMENDED AS
COMMITTEE REPORT
December 16, 2025 Board of Supervisors - PASSED, ON FIRST READING
City a11d Co1111ty ofSa11 Francisco
Ayes: 11 - Chan, Chen, Dorsey, Fielder, Mahmood, Mandelman, Melgar, Sauter,
Sherrill, Walton and Wong
Page 1
Printed at 9:18 am 011 1/7126
January 06, 2026 Board of Supervisors - Fl NALLY PASSED
Ayes: 10 - Chan, Chen, Dorsey, Mahmood, Mandelman, Melgar, Sauter, Sherrill,
Walton and Wong
Excused: 1 - Fielder
File No. 250926
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
1/6/2026 by the Board of Supervisors of the
City and County of San Francisco.
City all(/ County of San Francisco
Daniel Lurie
Mayor
Page2
I· J t / Jlo
Date Approved
Printed at 9: 18 ,1111 011 1/7126
