Resources · Local Ordinances · San Francisco
San Francisco Rent Ordinance
Chapter 37 Reference
Plain-language reference for the SF Administrative Code, Chapter 37 — rent control (§ 37.3), just cause for eviction (§ 37.9), and tenant harassment (§ 37.10B). Every major provision, exemption, and carve-back in one place.
I represent SF tenants in Chapter 37 cases. If your landlord violated this ordinance, the free case review is 15–20 minutes.
At a glance
Rent cap
60% of CPI annually, hard cap 7% per year
Just cause required
Yes — 17 enumerated just causes
Relocation assistance
Yes — substantial for OMI and Ellis Act
Attorney fees
Yes — recoverable in wrongful eviction actions
Treble damages
Not less than 3× actual damages for wrongful eviction
Established
1979 — Administrative Code, Chapter 37
What Is a Rental Unit?
Admin Code § 37.2(r)
The definition of “rental unit” under § 37.2(r) is the threshold question for all three protections under the Rent Ordinance — rent control (§ 37.3), just cause for eviction (§ 37.9), and tenant harassment (§ 37.10B). Coverage under each provision is analyzed independently: a unit may qualify as a rental unit but still be exempt from rent control, while retaining full just cause eviction and harassment protections.
General rule — if you’re renting a home in San Francisco, you’re almost certainly covered
The Rent Ordinance covers any residential space you rent in San Francisco — apartments, flats, rooms, and even commercial or live/work spaces where your landlord knows you’re living there and allows it. Crucially, the ordinance protects not just the physical space but everything that comes with your tenancy: parking, storage, laundry access, and any other services or facilities your landlord provides as part of your living arrangement.
In the words of the ordinance: “all residential dwelling units in the City, together with the land and appurtenant buildings, and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.”
Four categories excluded from the definition:
§ 37.2(r)(1)
Residential hotels — less than 32 days of continuous occupancy
Hotels, motels, inns, tourist houses, rooming and boarding houses. A landlord cannot evict a tenant to avoid triggering the 32-day threshold — any such eviction is treated as an action to avoid the ordinance.
Carve-back: Once continuous occupancy reaches 32 days, the accommodation becomes a rental unit subject to the ordinance.
§ 37.2(r)(2)
Nonprofit cooperatives
Dwelling units in nonprofit cooperatives owned, occupied, and controlled by a majority of the residents; and units solely owned by a nonprofit public benefit corporation governed by a board the majority of which are residents and where rent increases must be approved by a majority of residents under the corporate by-laws.
§ 37.2(r)(3)
Institutional housing
Hospitals, convents, monasteries, extended care facilities, asylums, licensed residential care or adult day health care facilities for the elderly, and dormitories.
§ 37.2(r)(4)
Government-regulated housing
Dwelling units whose rents are controlled or regulated by any government unit, agency, or authority. Subsidized HUD housing projects are excluded; unsubsidized or unassisted units merely insured by HUD remain covered.
↩ Four carve-backs that restore coverage:
§ 37.2(r)(4)(A) — Tenant-based assistance (e.g., Housing Choice Vouchers)
Programs where the tenant’s share is not a fixed percentage of income — Housing Choice Vouchers, Over-FMR, and HOPWA — remain covered, including for rent increase limitations under § 37.3(a)(10)(A). Programs where the tenant’s share is a fixed percentage of income (e.g., the Section 8 Certificate Program) are not covered by those rent increase limitations.
§ 37.2(r)(4)(B) — Fixed-percentage tenant-based assistance (e.g., Section 8 Certificate)
Units occupied by recipients of tenant-based rental assistance where the tenant’s share is a fixed percentage of their income — such as the Section 8 Certificate Program — remain covered as “rental units” for just cause eviction (§ 37.9), Ellis Act (§ 37.9A), harassment (§ 37.10A), and other protections listed in § 37.2(r)(4)(B). The annual CPI-based rent increase cap under § 37.3(a)(10)(A) does not apply to these tenants — their rent is governed instead by § 37.3(a)(10)(B), which reflects that the landlord negotiates the unit rent with the housing authority directly, not with the tenant.
§ 37.2(r)(4)(C) — LIHTC and bond-financed units
Units in buildings receiving Low-Income Housing Tax Credits (26 U.S.C. § 42) or tax-exempt multifamily revenue bonds (26 U.S.C. § 142(d)) remain covered if they were already tenant-occupied and subject to the Rent Ordinance when the regulatory agreement was recorded — subject to specific base-rent calculation rules and a one-time tenant opt-out.
§ 37.2(r)(4)(D) — ADUs and similar newly-created units
ADUs constructed under Planning Code § 207.1 with density or other waivers from the Zoning Administrator; units funded under Admin Code Chapter 85; units created under Planning Code density exceptions or the HOME-SF Program; and any unit subject to a Regulatory Agreement imposing rent increase limitations, including Replacement Units — all remain covered despite being subject to government regulatory schemes.
§ 37.2(r)(4) — Seismically retrofitted unreinforced masonry buildings
Units in unreinforced masonry buildings that have undergone seismic strengthening under Existing Building Code Chapters 5B and 5C remain subject to the Rent Ordinance to the extent it does not conflict with the seismic strengthening bond program.
Rent Control
Admin Code § 37.3
Read § 37.3 ↗Whether you have rent control turns on two questions. First, whether your unit qualifies as a “rental unit” under § 37.2(r) — covered in the What Is a Rental Unit? section above. Second, whether your unit is exempt from rent control under § 37.3. If it qualifies and is not exempt, the annual rent control limits apply for the entire duration of your tenancy.
Step 1 · § 37.2(r)
Is it a “rental unit”?
→ See above
Step 2 · § 37.3
Is it exempt from rent control?
Result
Yes to (1) + No to (2): covered by rent control
Exemptions from Rent Control
§ 37.3
Even where a unit qualifies as a “rental unit,” it may be exempt from the rent increase limitations under § 37.3. There are two principal exemptions.
§ 37.3(g)(1) · Exemption A
New Construction & Substantial Rehabilitation
A residential unit newly constructed and first receiving a certificate of occupancy after June 13, 1979 — or certified by the Rent Board as substantially rehabilitated — is exempt from rent control. The owner may set the initial and all subsequent rental rates. The Assessor’s database shows when a building was constructed, giving the approximate certificate of occupancy date.
↩ Three limits on this exemption:
Illegal units
Illegal units have no certificate of occupancy and cannot qualify for the new construction exemption. They are covered by rent control unless exempt for another reason.
Pre-1979 unauthorized units later legalized
A unit that existed before June 13, 1979 but was unauthorized and later brought up to code is not “newly constructed.” The exemption does not apply regardless of when the certificate of occupancy issued — these units have full rent control.
§ 37.3(g)(1) — Four express limits on the new construction exemption
§ 37.3(d) · Exemption B
Costa-Hawkins Rental Housing Act (Civ. Code §§ 1954.50 et seq.)
Consistent with Costa-Hawkins and regardless of whether otherwise provided under Chapter 37, the following rules apply to separately alienable dwellings and units.
§ 37.3(d)(1)(A) — General rule: owner may set initial and all subsequent rental rates
An owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or unit that is alienable separate from the title to any other dwelling unit, or is a subdivided interest in a subdivision as specified in Cal. Bus. & Prof. Code § 11004.5(b), (d), or (f). In plain terms: a single-family home or condominium rented as a whole.
What is NOT separately alienable — still covered by rent control:
The right to set subsequent rental rates does NOT apply where:
§ 37.3(d)(1)(A)(i) — Unsold condominium units
A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. Exception: Costa-Hawkins does apply to a single unsold condominium if all other units in the building have been sold to bona fide purchasers, and the subdivider has occupied the remaining unit as their principal residence for at least one year after the subdivision occurred.
§ 37.3(d)(1)(A)(ii) — Prior tenancy terminated by owner notice
The preceding tenancy was terminated by the owner by notice pursuant to Cal. Civ. Code § 1946.1, or was terminated upon a change in the terms of the tenancy noticed pursuant to Cal. Civ. Code § 827. In such cases, the rent increase limitation provisions of Chapter 37 continue to apply for the duration of the new tenancy in that dwelling or unit.
§ 37.3(d)(1)(B) — Transition rules for units that were rent-controlled on January 1, 1995
§ 37.3(d)(1)(B)(i) — Tenancies in effect on December 31, 1995
A tenancy that was in effect on December 31, 1995, remains subject to the rent control provisions of Chapter 37. The owner may not establish subsequent rental rates for that tenancy.
§ 37.3(d)(1)(B)(ii) — Tenancies created on or after January 1, 1996
On or after January 1, 1999, an owner may establish the initial and all subsequent rental rates for any tenancy created on or after January 1, 1996.
§§ 37.3(d)(1)(C)–(D) — Additional limits on the right to set subsequent rental rates
§ 37.3(d)(1)(C) — Uncorrected code violations
Does not apply where the unit 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 remained unabated for six months or longer preceding the vacancy.
§ 37.3(d)(1)(D) — Units under § 37.2(r)(4)(D)
Does not apply to a new dwelling unit created pursuant to, or that utilizes, the Code provisions specified in § 37.2(r)(4)(D) — ADUs under Planning Code § 207.1 with density waivers, Chapter 85 units, HOME-SF units, and units subject to a Regulatory Agreement.
§ 37.3(d)(2) — Sublet or Assignment
§ 37.3(d)(2)(A) — Original occupants no longer reside in the unit
Where the original occupant or occupants no longer permanently reside in the dwelling or unit, an owner may increase the rent to a lawful sublessee or assignee who did not reside at the unit prior to January 1, 1996. However, a rent increase is not permitted while all three of the following apply:
- ·The unit has been cited as containing serious health, safety, fire, or building code violations (as defined by Cal. Health & Safety Code § 17920.3), excluding disaster-caused violations;
- ·The citation was issued at least 60 days prior to the date of the vacancy; and
- ·The cited violation had not been abated when the prior tenant vacated and remained unabated for 60 days or longer (the 60-day period may be extended by the citing agency).
§ 37.3(d)(2)(B) — Partial changes in occupancy
Subsection (d)(2) does not apply to partial changes in occupancy where one or more of the original occupants remains in lawful possession, or where a lawful sublessee or assignee who resided at the unit prior to January 1, 1996, remains in possession. Nothing in (d)(2) enlarges or diminishes an owner’s right to withhold consent to a sublease or assignment.
§ 37.3(d)(2)(C) — Acceptance of rent is not a waiver
Acceptance of rent by the owner does not operate as a waiver of a covenant prohibiting sublease or assignment, or as a waiver of the owner’s right to establish the initial rental rate — unless the owner received written notice from the tenant and thereafter accepted rent.
How Much Can My Rent Be Increased?
§ 37.3
For a covered unit, rent may only be increased in specific circumstances and by specific amounts — each governed by its own rules and procedures. All increases beyond the annual allowable amount require Rent Board certification or approval.
§ 37.3(a)(1)
Annual Allowable Increase
A landlord may increase the tenant’s base rent once every 12 months, on the tenant’s rent increase anniversary date, without filing a petition at the Rent Board. The current allowable rate is 1.6% (March 1, 2026 – February 28, 2027). The rate is published each March 1 based on 60% of the increase in the SF Consumer Price Index for the preceding 12 months, with a hard cap of 7%. A landlord must have reported required information about their unit to the Rent Board under § 37.15 to impose the increase. SF.gov rent increases guide ↗
Example — 1.6% increase on $2,000/month rent
Historical allowable increases
| 3/1/26 – 2/28/27 | 1.6%current |
| 3/1/25 – 2/28/26 | 1.4% |
| 3/1/24 – 2/28/25 | 1.7% |
| 3/1/23 – 2/29/24 | 3.6% |
| 3/1/22 – 2/28/23 | 2.3% |
| 3/1/21 – 2/28/22 | 0.7% |
§ 37.3(a)(2)
Banked Increases
A landlord who refrains from imposing an annual increase — or imposes only a portion of it — may accumulate the unused amount and apply it on subsequent rent increase anniversary dates. There is no limit on how long increases may be banked, but the total accumulated amount cannot exceed the sum of prior unused allowable annual increases.
§ 37.3(a)(3)
Capital Improvement Passthroughs
A landlord may petition the Rent Board to pass through costs for capital improvements, rehabilitation, energy conservation, and renewable energy improvements. These require Board certification and are subject to caps: seismic work capped at 10% per 12 months; other improvements amortized over a Board-set period.
§ 37.2(q)
Utility Costs — Gas & Electricity
Where the landlord pays gas and electricity costs for the unit, increased utility costs may be passed through to tenants as provided under § 37.2(q). The procedures and limitations are governed by Rent Board rules.
§ 37.3(a)
Water Bill Charges
Landlords may pass through up to 50% of water bill charge increases attributable to excess use penalties or rate increases resulting from the Water System Improvement Revenue Bonds approved by voters in November 2002.
§ 37.3(a)
Property Tax Increases
Property tax increases attributable to eligible general obligation bonds of the City and County of San Francisco, the SF Unified School District, or the SF Community College District may be passed through — up to 50–100% depending on which bond measure is at issue.
§ 37.2(m)
RAP Loan Amortization
Costs associated with amortization of a Rehabilitation Assistance Program (RAP) loan — for properties in areas designated under the City's rehabilitation program — may be passed through as provided under § 37.2(m).
§ 37.3(a)
Lead Hazard Abatement
Costs of lead hazard reduction work required under applicable health and safety laws may be petitioned as a passthrough under the Rent Board's capital improvement procedures, subject to Board certification and applicable caps.
§ 37.3(a)(10)
Tenant-Based Rental Assistance
§ 37.3(a)(10)(A) — Non-fixed-percentage programs (e.g., Housing Choice Vouchers)
Where the tenant’s share of rent is not a fixed percentage of income — Housing Choice Vouchers, Over-FMR, and HOPWA — the rent increase limitations under § 37.3(a)(10)(A) apply.
§ 37.3(a)(10)(B) — Fixed-percentage programs (e.g., Section 8 Certificate)
Where the tenant’s share is a fixed percentage of income, the rent increase limitations in § 37.3(a)(10)(A) do not apply.
§ 37.3(b)
No Increase for Additional Occupants
A landlord may not impose a rent increase solely because a tenant has added an occupant to an existing tenancy — including a newborn child or a family member as defined in the Housing Code. Any lease provision purporting to permit such an increase is void.
Notice of Rent Increase
Cal. Civ. Code § 827 · § 37.3
Increases of 10% or less
30 days
Written notice required before the increase takes effect
Increases of more than 10%
90 days
Written notice required before the increase takes effect
What the notice must include:
- ·The new rent amount and the date it takes effect
- ·For passthroughs: the specific basis for the increase and the Rent Board certification or decision authorizing it
- ·For banked increases: the years being applied and the amounts accumulated
- ·The notice must be in writing — verbal notice is not sufficient
If this happened to you — an unlawful rent increase, a passthrough imposed without Board certification, or a banked increase that exceeded what was actually accumulated — you may have a claim.
Get a Free Case Review →Just Cause for Eviction
Admin Code § 37.9
Read § 37.9 ↗Section 37.9 applies — as of August 24, 1980 — to all landlords and tenants of rental units as defined in § 37.2(r). Unlike rent control, just cause protection is not limited to pre-1979 buildings. A landlord cannot serve a termination notice without one of the 17 enumerated just causes, and the stated cause must be the dominant motive for the eviction.
At-Fault · §§ 37.9(a)(1)–(7)
The tenant has done something wrong. A written warning and 10-day cure opportunity is required before serving the eviction notice.
No-Fault · §§ 37.9(a)(8)–(17)
The landlord is acting for their own reasons. Substantial relocation assistance is required in most cases. Senior, disabled, and school-year protections apply.
At-Fault Just Causes
§§ 37.9(a)(1)–(7)
For grounds (1) through (6), the landlord must first serve a written warning describing the violation and giving the tenant at least 10 days to cure before serving a notice to vacate (§ 37.9(o)).
§ 37.9(a)(1)
Nonpayment of rent
Failure to pay rent lawfully owed, habitual late payment, or frequently returned checks. Rent means the amount to which the landlord is lawfully entitled — not charges prohibited by Police Code § 919.1.
§ 37.9(a)(2)
Violation of a lawful lease obligation
The tenant has violated a lawful obligation or covenant of tenancy, the violation was substantial, and the tenant fails to cure after written notice. Does not apply to an obligation to surrender possession, or to pay a charge prohibited by Police Code § 919.1.
Key tenant protections:
Subletting — one-for-one replacement (§ 37.9(a)(2)(A))
A landlord cannot evict for subletting if the landlord unreasonably withheld consent to a one-for-one replacement of a departing tenant and the original tenant continues to reside in the unit. Failure to respond in writing within 14 days of the tenant's written request is deemed approval.
Addition of family members (§ 37.9(a)(2)(B))
A landlord cannot evict for adding a child, parent, grandchild, grandparent, brother or sister, spouse or domestic partner — if the landlord unreasonably refused a written request and occupancy limits are not exceeded. 14-day response window applies.
General occupancy additions (§ 37.9(a)(2)(C))
Landlords cannot evict for adding occupants so long as total occupancy does not exceed: 2 persons (studio), 3 (1BR), 4 (2BR), 6 (3BR), or 8 (4BR); or the maximum permitted under state and local codes.
§ 37.9(a)(3)
Nuisance, waste, or interference
Committing or permitting a nuisance, causing substantial damage to the unit, or creating substantial interference with the comfort, safety, or enjoyment of the landlord or other tenants. The activities must be severe, continuing, or recurring in nature.
§ 37.9(a)(4)
Illegal use of the unit
Using or permitting the unit to be used for any illegal purpose.
§ 37.9(a)(5)
Refusal to sign a renewal on materially the same terms
The tenant had an oral or written agreement that has terminated and refuses, after written request, to execute a written renewal for a further term of like duration under materially the same terms — provided such terms do not conflict with Chapter 37.
§ 37.9(a)(6)
Refusal of landlord access
After written notice to cease, the tenant has refused the landlord access to the unit as required by state or local law.
§ 37.9(a)(7)
Unapproved subtenant holding at end of term
The person holding possession at the end of the oral or written agreement is a subtenant not approved by the landlord.
No-Fault Just Causes
§§ 37.9(a)(8)–(17)
No-fault evictions are not caused by anything the tenant did. Substantial relocation assistance is required for most no-fault grounds. The senior/disabled protection and school-year defense — described in Part 3 — apply to many of these causes.
§ 37.9(a)(8) · Owner / Relative Move-In (OMI)
Owner or qualifying relative intends to occupy as principal residence
The landlord seeks in good faith to recover the unit for the landlord’s own use or for use by a qualifying relative (grandparent, grandchild, parent, child, brother, sister, or their spouse/domestic partner) as their principal residence for at least 36 continuous months. The landlord must hold at least 25% ownership interest (or 10% for owners who became owners on or before February 21, 1991).
Key requirements and tenant protections:
§ 37.9(a)(9) · Condominium Conversion
Sale of unit pursuant to an approved condominium conversion
The landlord seeks in good faith to recover the unit to sell it in accordance with a condominium conversion approved under the SF subdivision ordinance. The tenant has a right of first refusal to purchase the unit.
§ 37.9(a)(10) · Demolition (Individual Units)
Permanent removal of individual unit(s) from housing use
The landlord seeks in good faith to permanently demolish or remove individual rental units from housing use, and has obtained all necessary permits on or before the date the notice is given. Relocation assistance required under § 37.9C.
§ 37.9(a)(11) · Capital Improvements (Temporary)
Temporary vacancy for capital improvements or rehabilitation work
The landlord seeks in good faith to temporarily recover the unit for capital improvements or rehabilitation that would make the unit hazardous, unhealthy, or uninhabitable while work is in progress. All permits must be obtained on or before the date the notice is given.
§ 37.9(a)(12) · Substantial Rehabilitation
Permanent vacancy for substantial rehabilitation (§ 37.2(s))
The landlord seeks in good faith to carry out substantial rehabilitation as defined in § 37.2(s) and has obtained all necessary permits before the notice. Relocation assistance required under § 37.9C.
§ 37.9(a)(13) · Ellis Act Withdrawal
Permanent withdrawal of all units in the building from the rental market
The landlord withdraws all rental units within the detached physical structure from rent or lease, in full compliance with § 37.9A. Residential hotel guestrooms with a pre-January 1, 1990 permit of occupancy that did not file a notice of intent to withdraw before January 1, 2004 may not be withdrawn.
§ 37.9(a)(14) · Lead Remediation
Temporary recovery for required lead remediation or abatement
The landlord seeks in good faith to temporarily recover the unit solely for lead remediation or abatement required by SF Health Code Articles 11 or 26. Tenant vacates only for the minimum time required. Relocation rights and financial assistance under Admin Code Chapter 72 apply.
§ 37.9(a)(15) · Development Agreement Demolition
Demolition pursuant to a City development agreement (Admin Code Chapter 56)
The landlord seeks in good faith to demolish or permanently remove the unit from housing use in accordance with a development agreement entered into by the City under Admin Code Chapter 56.
§ 37.9(a)(16) · Good Samaritan Status Expiration
Expiration of a Good Samaritan tenancy (§ 37.2(a)(1)(D))
The tenant's Good Samaritan Status has expired and the landlord serves a notice of termination within 60 days after expiration.
§ 37.9(a)(17) · Planning Code § 317 Residential Demolition
Development project requiring residential demolition under Planning Code § 317
The landlord seeks in good faith to complete a development project requiring a Residential Demolition under Planning Code § 317 and has all necessary permits before the notice. The effective date of the notice may not fall more than 6 months before construction start for above-low-income tenants, or more than 3 months for lower-income households.
Additional Protections & Defenses
§§ 37.9(d), (i), (j), (a)(3.1)
§ 37.9(i) · Applies to OMI only
Senior and disabled tenant protection
A landlord may not use owner/relative move-in against a tenant who is:
Exception: does not apply where the landlord owns only one unit in the building, or where all other units in the building are occupied by similarly protected tenants and the qualifying relative moving in is 60 or older. A tenant claiming this protection must submit supporting evidence within 30 days of the landlord’s written request.
§ 37.9(j) · Applies to OMI, condo conversion, demolition (10), capital improvements, substantial rehab, and Planning Code § 317
School-year defense
It is a defense to eviction under those no-fault grounds if all of the following apply:
“Educator” includes teachers, aides, administrators, counselors, social workers, nurses, custodians, security guards, cafeteria workers, and other school employees or contractors at any state-licensed child care center, family day care, or K-12 school. A tenant claiming this protection must submit supporting evidence within 30 days of the landlord’s written request.
§ 37.9(d)
Retaliation defense
A landlord may not evict, threaten to evict, decrease services, increase rent, or take any action where the dominant motive is retaliation for the tenant exercising rights under the law. Retaliation is a complete defense to an eviction action. If the tenant exercised a legal right within 6 months before the alleged act of retaliation, a rebuttable presumption arises that the landlord’s act was retaliatory.
Notice Requirements
§§ 37.9(c), 37.9(o)
- ·For at-fault grounds (1)–(6): Before serving a notice to vacate, the landlord must first provide a written warning describing the violation and giving the tenant at least 10 days to cure (§ 37.9(o)).
- ·The notice to vacate must state the just cause as the dominant motive in writing on or before the date of service.
- ·For OMI, condo conversion, demolition, capital improvements, lead remediation, and Planning Code § 317 evictions, the notice must also state the lawful rent at the time it is issued.
- ·A Rent Board information form (available in English, Chinese, Spanish, Vietnamese, Tagalog, and Russian) must be attached to the notice in the tenant's primary language.
- ·A copy of all notices to vacate (except three-day pay-or-quit notices) must be filed with the Rent Board within 10 days of service.
Remedies
§ 37.9(f)
Actual Damages
Lost rental value of the rent-controlled unit, moving costs, emotional distress, and other consequential losses.
Injunctive Relief
A court may order the landlord to stop the eviction, restore possession, or restore severed housing services.
Attorney's Fees & Costs
The prevailing party is entitled to reasonable attorney's fees and costs by court order.
Treble Damages · Not less than 3× actual damages
Emotional distress damages are trebled only if the landlord acted in knowing violation of or in reckless disregard of § 37.9. For OMI cases, the action must be brought within 5 years.
If this happened to you — an eviction notice without valid just cause, an OMI where the landlord never moved in, or an Ellis Act where not all units were withdrawn — you may have a wrongful eviction claim.
Get a Free Case Review →Tenant Harassment
Admin Code § 37.10B
Read § 37.10B ↗Section 37.10B applies to all residential tenancies in San Francisco — not just rent-controlled units. Any landlord, and any agent, contractor, subcontractor, or employee of the landlord, may be liable. All prohibited conduct must be done in bad faith, with ulterior motive, or without honest intent.
Unlike a wrongful eviction claim, § 37.10B does not require you to have left your unit. You can bring a harassment claim while still in possession — and use it as a defense if an eviction action is later filed against you.
Prohibited Conduct
§ 37.10B(a)
§§ 37.10B(a)(1)–(3) · Housing Services & Maintenance
§ 37.10B(a)(4) · Right of Access
§§ 37.10B(a)(5)–(7) · Coercion to Vacate
§§ 37.10B(a)(8)–(9) · Threats & Discrimination
§§ 37.10B(a)(10), (13)–(14) · Quiet Enjoyment & Privacy
§§ 37.10B(a)(11)–(12) · Rent Payment
§ 37.10B(a)(15) · Catch-All
Enforcement & Remedies
§ 37.10B(c)
§ 37.10B(c)(5) · Damages
3× actual damages or $1,000 — whichever is greater
Any person who violates § 37.10B is liable for money damages of not less than three times actual damages suffered (including damages for mental or emotional distress), or statutory damages of $1,000 — whichever is greater. Mental and emotional distress damages are trebled only where the trier of fact finds the landlord acted in knowing violation of or in reckless disregard of § 37.9, § 37.10A, or § 37.10B.
§ 37.10B(c)(5) · Attorney's Fees & Punitive Damages
A prevailing plaintiff is entitled to reasonable attorney's fees and costs. The trier of fact may also award punitive damages in a proper case as defined by Civil Code § 3294. These remedies are in addition to any other existing remedies.
§ 37.10B(c)(4) · Injunction
Any aggrieved person, the City Attorney, or any person or entity who will fairly and adequately represent the interest of a protected class may seek an injunction to stop ongoing or threatened violations.
§ 37.10B(c)(1) · Rent Board
A violation of § 37.10B constitutes a substantial and significant decrease in services under § 37.2(g). Tenants may file a petition with the Rent Board for a reduction in rent — a separate avenue from civil litigation.
§ 37.10B(c)(6) · Defending an Eviction
In any unlawful detainer action subject to this Chapter (other than § 37.9(b) same-unit landlord cases), if the tenant is the prevailing party, the court shall award the tenant reasonable attorney's fees and costs. A § 37.10B violation may also be raised as an affirmative defense in an unlawful detainer.
§ 37.10B(c)(2)–(3) · Criminal & Civil
Violations are a misdemeanor — fine up to $1,000 or up to six months in county jail. Any person, including the City, may bring a civil enforcement action. The burden of proof is preponderance of the evidence.
If this happened to you — a landlord making your home unlivable, refusing repairs, entering without notice, or pressuring you to leave — you don’t have to wait for an eviction notice to call a lawyer.
Get a Free Case Review →Representing SF tenants under Chapter 37
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