decl hutchinson iso prelim inj · 2015. 12. 1. · mw angi aka julia munene, christine mwangi aka...
TRANSCRIPT
1 DENNIS J. HERRERA, StateBar#139669 City Attorney
2 THOMAS S. LAKRITZ, State Bar #161234 Chief Attorney
3 Neighborhood and Resident Safety Division MICHAEL S. WEISS, State Bar #168378
4 MEGAN CESARE-EASTMAN, State Bar #253845 VICTORIA L. WEATHERFORD, State Bar#267499
5 Deputy City Attorneys Fox Plaza
6 1390 Market Street, Sixth Floor San Francisco, California 94102-5408
7 Telephone: (415) 554-3824 Facsimile: (415) 437-4644
8 E-Mail: [email protected] E-Mail: [email protected]
9 E-Mail: [email protected]
10 Attorneys for Plaintiffs CITY AND COUNTY OF SAN FRANCISCO and
11 PEOPLE OF THE STATE OF CALIFORNIA
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CITY AND COUNTY OF SAN FRANCISCO, a Municipal Corporation, and the PEOPLE OF THE STATE OF CALIFORNIA, by and through DENNIS J. HERRERA, City Attorney for the CITY AND COUNTY OF SAN FRANCISCO,
Plaintiffs,
vs.
ANNE KIHAGI aka ANNA KIHAGI aka ANNA SWAIN aka ANNE KIHAGI SWAIN aka ANNA KIHAGI SWAIN, JULIA MW ANGI aka JULIA MUNENE, CHRISTINE MWANGI aka CHRISTINA MW AN GI aka CHRISTINE JOHNSON, XELAN PROP 1, LLC, RENKA PROP, LLC, NOZARI 2, LLC, ZORIALL, LLC, and DOE ONE THROUGH DOE FIFTY,
Defendants.
DECL ISO Prelim Inj. -Case No. CGC-15-546152
Case No. CGC-15-546152
DECLARATION OF BEN HUTCHINSON IN SUPPORT OF PRELIMINARY INJUNCTION WITH EXHIBITS A THROUGH K
Hearing Date: Hearing Judge: Time: Place:
Date Action Filed: Trial Date:
1
December 23, 2015 Hon. Ronald E. Quidachay 9:30 a.m. Dept. 501
June 4, 2015 Not Yet Set
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1 I, Ben Hutchinson, declare as follows:
2 1. I have personal knowledge of the following facts except those stated on information
3 and belief. As to those facts, I believe them to be true. If called upon to testify, I could and would
4 testify competently to the contents of this Declaration.
5 2. I am currently 39 years old, and have been employed as a software engineer since
6 2007.
7 3. Since December 2011, I have been a tenant at 75 Hill Street, San Francisco,
8 California, a one-bedroom, rent-controlled unit in a five-unit residential building at 69-75 Hill Street
9 (the "Hill" property), in San Francisco's Mission District. I am the sole occupant of the unit. Since
10 December 2011, I have paid $2,100 per month in rent. I originally had a one-year lease with the
11 owner at the time, which thereafter converted into a month-to-month lease. A true and correct copy
12 of my original lease is attached hereto as Exhibit A.
13 4. Throughout my tenancy, my rent has included laundry machines and access to the
14 storage/laundry/garage area. I recall that access to the laundry facilities was included in the
15 Craigslist.com posting advertising the unit for rent. I also remember discussing the laundry
16 facilities with the landlord in 2011 when I first came to look at the unit.
17 5. In April or May 2014, my original landlord, Chris Vanderstaay, with whom I
18 enjoyed a good relationship, listed the Hill property for sale. On or about May 16, 2014, I received
19 a letter from Mr. Vanderstaay's realtor requesting me to complete and return an Apartment Rental
20 Questionnaire/estoppel. I promptly completed and returned it.
21 6. It is my understanding that, around June 26, 2014, the Hill property was purchased
22 by Defendant ANNE KIHAGI aka ANNA KIHAGI aka ANNA SWAIN aka ANNE KIHAGI j
23 SWAIN aka ANNA KIHAGI SWAIN ("KIHAGf') and Defendant CHRISTINE MW ANGI aka
24 CHRISTINA MW ANGI aka CHRISTINE JOHNSON ("C. MW ANGI") through their entity,
25 Defendant ZORIALL, LLC ("ZORIALL"). Following the acquisition of the building, Defendant
26 KIHAGI began a campaign of harassment, intimidation and retaliation against the tenants.
27 7. Sometime after the building was sold, a letter dated June 26, 2014, from Defendant
28 ZORIALL was slipped under my door, notifying me that "Anna Swain" will be my primary contact
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and providing an address for me to mail rent checks to Defendant ZORIALL at P.O. Box at 584
Castro Street, San Francisco. I later learned that Anna Swain is the same person as Defendant
KIHAGI. A true and correct copy of the letter is attached hereto as Exhibit B.
8. In August 2014, I received a document called "House Rules," back-dated to July 26,
2014. I did not communicate with Defendants about the house rules, but I recall they appeared to
have been written from a perspective of making it easier to accuse tenants of creating a nuisance.
This document provided confusing and conflicting information, such as the storage of bicycles and
use of the storage/laundry/garage area. This document directed us in the event of an emergency to
contact "Anna Swain." A true and correct copy of the House Rules is attached hereto as Exhibit C.
9. On or about August 10, 2014, I received another letter from Defendant ZORIALL,
backdated July 26, 2015, purporting to change the terms of my original written lease regarding
attorney's fees. A true and correct copy of the letter back-dated to July 26, 2015 is attached hereto
as Exhibit D.
10. In August 2014, Defendants reduced the number of recycle bins from two to one. As
a result, the recycle bin would become full and I would have to wait until the following week to get
rid of my recyclables.
11. After Defendant KIHAGI and her agents purchased the building, the coin-operated
laundry machines in the garage that the tenants used would become full of coins so that we could
not do our laundry. Defendant KIHAGI failed to maintain the machines in a usable condition, and
the tenants would pave to call the laundry company for it to come and remove the coins.
12. In or about mid-November 2014, we all received a notice back-dated to November 9,
2014, announcing that our mailboxes were being removed, and that we needed to get everything out
of the storage area, bikes, etc. A true and correct copy of the notice dated November 9, 2014 is
attached hereto as Exhibit E.
13. With respect to the mailboxes, for about a week we had no access to the mail at all.
Then, the mailboxes were replaced with a new mailbox unit which oddly had six mailboxes, for five
units. For a while, we had only limited access to our mailboxes through the top where the mail
carrier opens to deliver the mail, and then the mailbox unit was locked and we could no longer
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access our mail. Sometime in mid-January 2015, Defendants finally provided us with keys to the
new mailboxes.
14. The appearance of a sixth mailbox coupled with the demand to get our personal
property out of the garage area, prompted suspicion that Defendants were intending to add an extra
unit in the downstairs portion of the building.
15. On two different occasions, in approximately mid-November 2014 and February
2015, the power to the co~on areas of the property was cut-off for several days. As a result, after
sundown, the garage space, porch area and other common areas were pitch black. There were also
no lights in the front entryway to the apartments and in the alley beside the garage, and the area to
access the garbage. Because the common areas were so dark, I had to use a flashlight to access the
common areas at night. During this time, the laundry machines became inoperable, and I had to
take my clothes to a laundromat. I am informed and believe that my neighbor Dale Duncan had to
deal with PG&E and Defendant K.IHAGI to get the power turned back on.
16. On information and belief, in November or December 2014, the water to the building
was cut off. I am informed and believe that my neighbor Dale Duncan had to deal with the water
department and Defendant K.IHAGI to get the water turned back on.
17. On March 4, 2015, the City conducted inspections of the property. I was in Australia
at the time, and thus not present for the inspections, but I authorized my neighbor Dale Duncan to
allow the City inspectors into my unit.
18. On information and belief, immediately following the City's inspections, Defendant
K.IHAGI began retaliating against the Hill Street tenants for cooperating with the City's inspectors.
As I understand it, only a few hours after City inspectors completed their inspections, Defendant
K.IHAGI boarded up the garage and laundry room access from the back stairs, and changed the lock
on the front door to those areas, locking-in my neighbor Brian Smyth's car which was parked in the
garage.
19. On or about March 15, 2015, I returned from Australia, and found access to the
laundry room was boarded up and blocked by a new plywood wall. I called Defendant KIHAGI to
find out why, and left her a voicemail message. When Defendant KIHAGI called me back, I asked
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1 her about the laundry facilities, and she tartly replied: "Ask your neighbors why ... I know you talk
2 to them." She refused to provide a direct answer to the question and refused to say why access to
3 the laundry had been terminated.
4 20. On information and belief, on March 20, 2015, Defendant KIHAGI towed my
5 neighbor Brian Smyth's car out of our garage as other Hill Street tenants looked on. On the same
6 day, Defendants' workers removed one or both of our laundry machine(s), and hauled it (them)
7 away. Later, Defendants installed a surveillance camera over the garage area.
8 21. On March 25, 2015, at approximately 9:00 p.m., a document entitled "24-Hour
9 Notice of Intent to Enter Premises" which was back-dated to March 24, 2015, was posted at the Hill
10 property, stating that the owner or owner's agent would be enter Units 71, 73A and 75 Hill on
11 Thursday 3/26 (the next day) between 9-4 p.m., Friday 3/27 between 9-4 p.m., and Tuesday 4/2
12 between 9-4 p.m. On Thursday March 26, 2015, I had to go to work, but I did not want Defendants
13 entering my home. I contacted an attorney and on counsel's advice, I posted a notice on my door
14 stating that Defendants' notice was insufficient and denying them access. I went to work that day,
15 but felt nervous all day about Defendants possibly entering my home. On March 27, 2015, I stayed
16 home all day. Defendant KIHAGI came over with one of her workers, and looked inside my
17 apartment. There she told the worker to remove my microwave, vent, and over-the-stove light. She
18 stated that she would replace it with a countertop microwave, but claimed I did not need any
19 venting or light over my stove. I followed Defendant KIHAGI out the door, and watched as she
20 went to my neighbor Dale's home, and started to put her key in the lock. I told Defendant KIHAGI
21 that Dale's wife was at home, and she should just ring the doorbell. Defendant KIHAGI told me
22 that she did not have to ring the bell, and claimed to have a legal right to simply enter Dale's home
23 because she had posted a notice. True and correct copies of the "24-Hour Notice" and my March
24 26, 2015 posting denying access are attached hereto, collectively, as Exhibit F.
25 22. On March 26, 2015, I filed a Report of Alleged Wrongful Severance of a Housing
26 Service with the San Francisco Rent Stabilization & Arbitration Board ("Rent Board"), complaining
27 of the sudden termination oflaundry services. A true and correct copy of the March 26, 2015
28 Report is attached hereto as Exhibit G.
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1 23. By late March 2015, following Defendants' posting of notices of intent to enter
2 without the legally required amount of notice, I became very concerned that they would make
3 unauthorized entry into my home, and I installed two web cameras for security: one in the kitchen
4 and one aimed outside the public area around the front gate. I was not the only one. I believe most
5 or even all of the tenants had installed their own security cameras inside their apartment because
6 everyone was worried that Defendants were going to make unauthorized entries into our homes
7 while we were out.
8 24. On April IO, 2015, at 1:17 p.m., Defendants posted another "24 Hour Notice of
9 Intent to Enter Premises," stating that the owner or owner's agent would enter the premises on
IO Thursday, April 16, 2015 (the next day) from IO a.m to 4:00 p.m., and Wednesday, April 24, 2015
11 (actually, Wednesday was April 22) from IO a.m to 4:00 pm. I sent Defendant KIHAGI a text
12 message telling her that the dates did not make sense. She clarified that she meant Wednesday,
13 April 22. A true and correct copy of the 24 Hour Notice is attached hereto as Exhibit H.
14 25. I stayed home all day on April 16, 2015 as I did not want Defendants entering my
15 home without me being present. Defendants' worker came and removed my microwave, venting,
16 and over-the-stove light, leaving gaping holes, and a big mess behind.
17 26. On April 21, 2015, I sent Defendants a letter complaining about the lack of an
18 appliance replacement/mess. A true and correct copy of the letter is attached hereto as Exhibit I.
19 27. On Wednesday, April 22, 2015, I made arrangements to stay home all day again, but
20 Defendant KIHAGI texted me that morning, postponing her entry, and posting another notice for
21 the next day.
22 28. When Defendants finally replaced the microwave, it was with a countertop oven, and
23 they have never replaced the venting or the over-the-stove lighting. Defendants' workers finally
24 patched the gaping holes they left, but never bothered to paint it.
25 29. In June 2015, my mother was visiting from Australia. Defendant KIHAGI arrived
26 just as my mother was walking out to go sightseeing. I later learned that Defendant KIHAGI began
27 asking neighbors down the street about the identity of my mother, and the length of her stay. This
28 was a very disturbing invasion of privacy, and left me with a feeling that we were being watched.
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1 30. Since October 2015, Defendants and their workers have been performing noisy,
2 dirty, and seriously disruptive construction work on Unit 73 at all hours of the day and night, every
3 day of the week, including weekends. When my neighbor complained about the hours of
4 construction, Defendant KIHAGI claimed that she had the right to perform construction from 7:00
5 a.m. to 8:00 p.m., seven days a week. For the two of us that are still residing at the Hill property,
6 this chaotic atmosphere makes quiet enjoyment impossible, and prevents us from being able to
7 enjoy our homes.
8 31. On October 22, 2015, Defendant KIHAGI sent me disturbing text messages in an
9 attempt to intimidate me into removing my security webcam which is inside my home, but aimed
10 outside at the area around the front gate, by threatening to press charges and making ridiculous
11 claims about me taking photos of her and her workers. Ironically and absurdly, Defendant
12 KIHAGI, who victimizes and intimidates her tenants by regularly spying on them and repeatedly
13 invading their privacy, now claims that my camera is intimidating her and her workers. True and
14 correct copies of screen shots of Defendant KIHAGI' s intimidating and threatening text messages
15 are attached hereto as Exhibit J.
16 32. I am soon to be one of the two remaining tenant at Hill Street, as almost everyone
17 else is gone or will be gone soon. Nick Reggars in Unit 73, having been threatened with an owner
18 move-in eviction by Defendant KIHAGI's sister Christine Mwangi aka Defendant C. MW ANGI,
19 and sick of Defendants' harassment, intimidation and retaliatory conduct, moved out in April 2015.
20 Dale Duncan, his wife, and his daughter in Unit 71, having been served with an owner move-in
21 eviction and two unlawful detainers, and tired of the harassment, intimidation and retaliatory
22 conduct, moved out in August 31, 2015. As of November 6, 2015, neither Defendant C. MW ANGI
23 nor anyone else has moved into Unit 71. Brian and Tim in Unit 69 felt the "writing was on the
24 wall" and moved out in October 2015. Brian Smyth in Unit 73A received a 60-Day Notice for
25 "temporary eviction" for unspecified capital improvements. He is required to move out by
26 December 15, 2015.
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7 DECL ISO Prelim Inj. - Case No. CGC-15-546152 n:\codenf\li2015\151349\01060114.doc
1 33. On October 13, 2015, I was served with my own 60-Day Notice of "temporary
2 eviction" for unspecified capital improvements, and am required to move out by December 15,
3 2015. By December 15, 2015, the building will be empty. A true and correct copy of the 60-Day
4 Notice is attached hereto as Exhibit K.
5 34. The only good that has come of Defendants' ownership of the Hill Street property is
6 that I got to know my neighbors, and forge a bond with them. When Defendants bought our
7 building in 2014, it was fully occupied. Now it is nearly empty. It is unpleasant and sad to be in the
8 building now.
9
10 I declare under penalty of perjury that the foregoing is true and correct. Executed in
11 San Francisco, California.
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DATED: I i 1 / 2)-f: io 1 t)'
DECL ISO Prelim Inj. - Case No. CGC-15-546152
BEN HUTCHINSON Current tenant at 75 Hill Street
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PROOF OF SERVICE
I, MORRIS ALLEN, declare as follows:
I am a citizen of the United States, over the age of eighteen years and not a party to the above-entitled action. I am employed at the City Attorney's Office of San Francisco, Fox Plaza Building, 1390 Market Street, Sixth Floor, San Francisco, CA 94102.
On December 1, 2015, I served the following document(s):
DECLARATION OF BEN HUTCHINSON IN SUPPORT OF PRELIMINARY INJUNCTION WITH EXHIBITS A THROUGH K
on the following persons at the locations specified:
Aleksandr A. Volkov, Esq. Julie N. Nong, Esq. 211 Gough Street, Suite 116 NT Law San Francisco, CA 94102 2600 W. Olive A venue, Fifth Floor #64 7 E-mail: [email protected] Burbank, CA 91505 VIA PERSONAL DELIVERY AND E-mail: [email protected] ELECTRONIC SERVICE VIA ELECTRONIC SERVICE
in the manner indicated below:
D
BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional messenger service. A declaration from the messenger who made the delivery D is attached or IZI will be filed separately with the court.
BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier the same day.
BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be served electronically through File & ServeXpress in portable document format ("PDF") Adobe Acrobat.
I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct.
Executed December I, 2015, at San Fran:'.:'c~' Qf L MORRIS ALLEN
DECL ISO Prelim Inj. -Case No. CGC-15-546152 n:\codent\li2015\151349\0I 060114.doc
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Exhibit
A
B
c D
E
F
G
H
I
J
K
INDEX TO EXHIBITS
Description
Residential Tenancy Agreement re 75 Hill Street dated November 14, 2011
Letter to All Tenants, 69-75 Hill Street, from Zoriall LLC re Notice of Change of Ownership and Management dated June 26, 2014
House Rules dated July 26, 2014, re 69-75 Hill Street, San Francisco, California
Thirty Day Notice of Change in Terms of Tenancy from Zoriall LLC to Ben Hutchinson dated July 26, 2014
Letter to All Occupants from Zoriall LLC re Change of Mail Box and Notice to Remove All Items in Lower Level dated November 9, 2014
24-Hour Notice of Intent to Enter Premises to All Occupants at 71, 73A, 75 Hill Street posted 9 p.m. Wed 3/25 and photo of handwritten note dated 03/26/2015
Report of Alleged Wrongful Severance of a Housing Service Pursuant to Ordinance Section 37.2(r) by Ben Hutchinson received March 26, 2015
24-Hour Notice oflntent to Enter Premises to All Occupants 71, 75 Hill Street dated 4/15117 [sic] posted Wed 4/15 at 1 : 17 pm
Letter to Ms Anne Kihagi Swain, Zoriall LLC, from Ben Hutchinson re Removal of microwave/fan appliance at 75 Hill St, dated Tuesday April 21, 2015
SMS Text message correspondence "Today you were trying to ... "Send SMS to (415) 691-1264
60-Day Notice to Temporary Vacate The Premises to Ben Hutchinson re 75 Hill Street from Aleksandr A. Volkov, Esq., dated 10/9/15
DECL ISO Prelim Inj. - Case No. CGC-15-546152 n:\codenf\Ji2015\l 51349\0l 060114.doc
EXHIBIT A
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DATE: Nov 11, 1..0 I I j
the last montb'sirent. If any ponion of the Security Deposit is applied by Owner to any obligations of Tenant at any time during
the tenancy, Tel.ant must, upon 5 days written notice, reinstate the Security Deposit to its full original amount. ((spproml by
the Owner, in -.inting, S .£' may be applied to the last month's rent.· :;;>
As long as any ~w Rquira, mmmeacingwith the date Owner receives the Security Deposit. Owner sflaU pay to Tenant simple
interest as wmltect by law on the amo1111t lleld as Security Deposit provided this tenancy does not terminate before the Security
Deposit bas~ held for one year. Said payment.ofinten:stsbaU be made once a year commencing with the date the Security
Deposit bas be.la keld for a year. Upo!J Tenant's surrender of the l"remises. if the Security Deposit ls insnfficient to remedy
Tenant's default in rent, to repair damages caused by Tenant and to clean the Premises, Owner may use from the accrued
unpaid mteres«lsum amounts as .are aecesnry for those purposes.. Accrued uapaid interest or balance then:of, if any, skaU be I
mailed to :renabt at last lmoWrl address in the same manner as any refund of the Securit,y Deposit.
(). LATE PAYMFJN'[& Tenant and OwlferagRe tllat Owner wUI sustain damage due to any latepaymentofrentand thatihriB he
exttemely diffi~t to fix or determine with specificity the actual amount of the da11111ge.. Tberefo~ Tenant agrees to pay, as
·additional rentl a late charge equal fo 5% ofihe unpaid rent forany paymeat of rent notnceived by Ownerwidain fivecaleadar
days of the DndDate. The parties agree dial this late charge represents a fair and reasonable estimate of the costs and damages
that Owner wil) incnr by reason of late payment by Tenant. The provision for payment of a late charge does not eonslitnte a
grace period a~d Owner may serve a ~Day Notice to Pay Rent or Quit on the day after theDueDate. Owael' and Tenant agree that Tenant paying rent five days after the Due Date on three separate occasions within anytwelve month period shall mosfitute
habitual late p.yment of rent and may buonsidered a just cause for eviction.
Tenant(s} Initials
7. RETURNED dHECKS: In the event that Tenant makes any payment requiredh~reunderwilh a dlecklhatisnot honohld by lhe
bank OB whieh!itis drawn for aay reason, Tenant agrees to pay to Owner the additional sum of$ I (j (j , e as . I
reimbnrsemen~ for the expenses incurred by Owner. Such charge shall be immediately due and payable upon notice to '.fmant.
Failure to ~ately pay lhe charge shall constitute a default under the terms ofthkAgn:ement. Owner reserves the right to
demand paymi:nt of rent by certified funds. cashier's check or money order for all future payments ia the event of any such
returned chect or any other monetary default by Tenant and rent tendered in any other form may be refused by Owner.
Nothing in thi4 par:agraph shall limit other remedies available to Owner as a payee of a dishonored chedc.
Tenant(s) Initials
Owner and Tepaut agree that three returned checks in an.y nine month period shaU constitute lrequent return or clu!cks due to
insufficient fu~ds and may be considered a just cause for eviction.
Tenant(s) Initials
. ' · 8. FAILURE TOlP.AY: Pnrsuantm Civil Code Section 1785-26.you are hereby notified that a negative credit report refteding on
your credit~rd may be submitted tO a credit reporting agency if you ran to fuUill the terms of your credit obr1gations. such as
your financla~obliga~ons under the terms of this Agreement
9. INDtVmUALJLTABILITY: Each per.ion .signs tms~ent, whdherornotsaid person is or remains in possesskm~shall be jointly and ~eqdly responsible for the full performance or each and every obligation oflhis agreement. i1uiuding. but not
limited to. t1ieliaanneot of all rent dne and the paymentof costs to remedy damages to the Premises nprdless ofwltethersucb
damages wen:jcaused by a tenant or invitee of Tenant.
Ptlge2efll
··'
DATE:,__.._.M""""o~i!'-"-/ 'i~. J...""""'Q.£-'I_,_/ _ ,
'l'enant(s) laitiats
10. USEfOCCUPANcY: It is understood tbat the Premises is to be usedell:dusively as die primarily and principal plaee of residence
of dee named TJant(s) wko are the only "Origiaat•• Tenants of.the Premises. Retail or otber commerclal use is pnihibited
except ~at l~tt}d home of&ce use will be allowed provided thai:Tltllant complies with all applicable laws .regulating use and
tbatao members kUie public arc invited to tile Premises fbr buaiacnpurposes.aod a.oemployees ofTenautareallomed to work
ia the Premises. ~euaot DUiy have guests on the Premises for not over seven consecutive days or fifteen days in a cateadar year~ and no moretha~ two guests at any one time. Pe~ns staying moretfu.n seven consecutive days or more than fifteeb d8J15 hi any
calendar yea~ .sh~ NOT be considered original tenanlll of the unit. Teoantmust obtain tbe prior written appnmd ofOw!!lerif
aa inviM ofTen~ntwill he present at the Premises for more than seven consecutive nights or fifteen daJS in a calendar year.
Violation of ate ~rovisious of this section shall he deemed a substanlial and material breach of dt&Agreemeatattd is agfted to
be a just cause f~r eviction.
11. ROOF: Use oft4e IOOf for any pUl"(K* by Tenants andfor ~esls is NOT penni(fed.
ll. NUISANCE: TJoaat shall not commit, nor permit to be committed. any wute or nuisance upon orabont the Premises. Tenant
shall not disturb bther tenants iu the building containiog thePremists. Three oomplainls agaiust the Tenant in any aiae month
period shall corultitute a substantial interference wffli other tenanfs' comfort, sllf'ety and eaJoimeni and shall be deemed a just
cause f'or evietiob. Tenant shall also be liable for tile actions of their guests and/or invitees.
Tenaot(s) Initials
13. ASSIGNMENT ,b.ND SUBLEITING: (Owner must seled one and ONLY one by inilialing) Temmt~11otassigii tbisAgrer:ment
or sublet tile wh~le or any portion of the Premises without the prior written consent of Owner which MAY be unreasonably
witbhekl. The nluned Tcaant above is the only "original" Tenant. No per.son other than the named Tenant shall be pcnnitted
to n:gularly or *-n_tinuonsly use or occupy the Premises unless all of tbe following conditions are met (1) Tenant notifies
Owner iu w~ signed by every Tenant; stating a Rquest to have a new person occupy the Premises; (l) said prospes:tive
occupant compl~ and gives, to Owner Owner's rental applfoatioa; (3) Owner approves of the prospective occupaat'.s
creditworthin~ and references from prior landlords; and (4) Tenant(s) and prospective occupant acknowledge,. in. writing,
receipt of a copii' of Section 6.14 of the Rules and Regulations of the San Francisco Rent Ordinance. ii' app6eahle, and the new "'
occupant signs qwner's sCandard form Agrecmaat for such Occupancy BEFORE occupying the.Premises, which Agreement will
include a prom'9n that tile new occupant m"U abide by and perfonn aD the ob6gafions of tbis Agreement and that the rent for
the Premises m.y he raised to market 1'8tes when the last of the original Teoant(s) moves from the Premises. Jn tbeevmtlbat
Owner consentlf to any sulJ.teoancy, it is ben:byiigreed that the Original Tenant may not charge more to thesuf>.feoanf{s)thao
that pmporliooiiJ share of the reatwhich is being dlarged by and paid to Owner which is attributable to any exclusive use area
leased to the su~fenant. plus a reasonable pro-rafa share of the common area.space of the apartment unit thatthesub-Cl:nant
has a right to ~67.e. No adion or inaction or acceptance of rent or lmowledge on the part of Owner.shall be deemed ro be a
waiver ofUie p~n oftflis Paragraph on th~ part of Owner ad shall not be deemed an approval of any person asr "sub-
teoa11t0 foranyfPurpose. · ~
I · Owner Initials ~ I Teoant(s) Initials
.. -· .....
~DEMISESADDRESS;L..J' 7~~=-----<-t/_,_,_,/ /c..L/.....,.~Si,__,,_sL..;F;..__ __ ~-- DATE= A./ov 111,. 10J1
14. PE'l'S: ml pefs. dOgS. caCs, birds or other animals~ allowed on or about the Premises, even temporarily or with a 'risidag
guest, wldJeut Pwaers prior written cooseat, eu:cptfq guide, serrite ersigaal dogs panuanUo eafirorma ChD Code Sections
~1- and 54.2. j Any s11cb consent is co11dltioaed 11poa Tenant completing aad aigniag Owner's Pet Acreemeat. which shaO
become part of this Agreement. Strays shall JIOt be kept or fed ia er aroaad the hllildiac- Strays a.a bedangtrou and Owner
~be~ immediatelyef anysfrays in or around 6e ltuilcliag; lfa pct Im been ill a Tcaant's aparfmelltoraUowed into
file bllilllill& ~n temporan1,y (with. or, witlao~ Owacr's permission) Tellllllt aay be cbrgal for deaning, de~fteaing,
deodorh:ing orfsblllpoolag any portion of the btlild"mg or Premises at the discRtion of Owner.
IS. WATERBEDS; Waterhcds and/or Jlquid 6lkd fimlitu~ are PROHIBITED ill accordance with Civil Code Sccfioa1940.5. lfdle
Prem&es are tdcated in a atruemre fOr Mdc1t th~ original Certificate of Occupancy was Issued afla- January I. U73 Ulea sucla
lbmlture may~ permlUed only ... pen writteia COJaSent of Owner, UJIGD the eompletion of a WafertJed Agreement Which sllaO
become part of "this Agreement, andnbject to ceatinued eompllt111te by Teaant ef d prnvisions thercla.
16. Sl'ORAGE: ((/wner to sdect one) No additional stm:'agespace outside of Premises is aulhorimf. permitted er p1'0Vided under this
Agreemmt. I ' Owner Initials _! ~
Tenaaf(a) Initials
............ ._......., ·YI::, .. ......, ..................... _ ........... of the base ~t specified .abOve. or a~y ft.em,~ is C«!llSJdcratio for or part of Ute reut for such storage space. The
moatldydaarglc for said stoc'agespacesbaU beS jJ /~4 . Tmant.rdeaseaOwncrfromaoyliahUityfurlns
or damage to Tenant's property while stored on the said PremUa Any property stored In designated storage an:u shall be
removed on or;.erore the date termfoatiotl of tenaney. Jn 111.eC'Rllt such propcrt¥ is not so remlived, Owner may dispose of same
without any lilfbJlity to Tenant wflatsoever and Tenant hereby specifieaUy waives any rights as defined in Civil Code Section
1980 et. seq. Qwner reserveli the right to~ .Uauch storage areas and require necessaisy removal er dean &JI as it deems
necessary for 4-.e health and sa&ty oftlae Pttmiscs and iCs occapliats. No stonge of.any kind will be pennittcd ~11 fire escapes ur
in othercommba areas.
Owner Initials
Tenaot(s) luitials
17. PARKING: (°"1ru to 8elect o~ P.-cmisesdaes NOr iadadc parldng foray motorvelaides, llOJ.'. is parking pennittcd anywhere
. on orabonttltt Premises. . d-j Owacr Initials _
Tenant(s) luitials
.. ~ 1J- -······
PJU'f<ing descri~ed SS: .· N ~ kh.erein provided. Tenant~ that no portion ~f the base.Rentspecified above,CraJ&Y inctt&Se~n:ot; is considcrafiou for or part of the rcat for suda parking.
Tile monthly cimrge fur said parldng shall be S " I • Te~nt agrees to use the parking space : ' I
exclusivd,y for4fie parking of motor vehicles; euloding trailers of any kind, boats, campers, buses, or tntcks larger tban a one.-
ton pickup. Ab:Solntely NO mechanical work and NO storage of any kind shall be permitted in or around the paddng space.
Owner Initials _
Tenant(s) Initials
18. lJTILlTIES: 'tenant shall pay directly: .fur au utilities, services, and charges pnwided tO the PROJises EXCEPTfbr thoSe listed as
fullows: IJ'j q1f!!/C • Tenant agrees to c:emply with any energy or water
comervatioo ptograms implemented by Owner. Tenant understands that the rent paid by all residentsispadialyddennined by
thecostoruwijia. NothlDgeentailledhereinpn:veatlOwaerfrompassiagthroughtoTenantatilitycostsasprovidedbylaw.
In accordance with local regalations Owner shaU provide one working telephone line and oneworldngtelephone jack into the
Pnmi.scs. Ten'°t may, at iu sole expense. add additional lines and/or; jacks. but no more than lhree, aml said insta1Jation shall
not cause cossqetic or physical damage to the Pn!ltlises or any other part of the btlilding. It is Tenant's respomihilil,y to mainfain
and to repair •u said lines. Unlike tlle local gas and electric company, the Celephone company charges for time required to
repair telephone fmes, waUjacks, etc. TheRfore.. Owner reqeiRS that Tenant obtam llDd keep in fiJnleanlilsidc Wfriug Repair
Plan with tlle tFfephooe company that will defr:ay the costs of any necessary repairs.
Tenaof(s) Initials
11: ~ J 19. INSPECTION;OF .PREMISES: Tenant .bas inspected the Premises, firrnisbings and equipment including smoke detectors,
wliere applicaljle, and has found the same to bcsatisf'actory and in good working ord.er. All plumbing, beating, and electrical
syst.ems arc oJ.JFrative and deemed satisfactory by Teoaot if~er i<l not notified to the contrary wlehin 48 hours of occupancy of
the Premises. ,
20. MAINTENAN'CE AND .REPAIRS: Tenant shall, at Tenant's expense, at all timlllS maintain lhe Premises, furnishings and
. appliances, if J/oy, in a elean and good condition and shaU sum:nder the same upon ~tion ofCenancy in the~e 4.'endiDon
as received (exFept IQr normal wear and tear). Tenant understands that Tenant is responsible for repair of ALL damages in
and/or about die l"ftntises wbetlaer caused by Tenant, Tenant's guests or invitees..
Except in an euiergency .. mainCenanc:eand repair n:quesfs must be made in wriftpg and delivered to Owner or its Agent. Sudt
notice shall alllo be deemed permission to enCer the Premises to perform such maillteuance or repairs in acc0nlance with CMi
Cede Section (954 unless otherwise specifically requested, in writing, by Tenant. Owner believes the Premises is in safe and
habitable con~itioa until wri~n notice to·theeontrary is received by Owner.
In the event tlijtt PRltlises is pnrided with IJardwood ftoor.i or other 11on-cupeted1Joorsur&ces, Tenantherebyagrus to Jwep at
least80"k of~ch areas coveml with flour rugs or similar eavaings. It is.also hereby understood th.at Tenantshalluotclwigeor
replace anywitadow cavcrings or otherdn:ssiogsviu"ble from~ die Pnmises or huildingWithont the prior written consent
of Owner~
Tenant acknoljrledges ~hat the Premises and tb.e building ~m time to time may require renovations or repair to keep them in
good c:ondition!and repair awl that such work may result in Cemporary loss of use of portions of the fJuilding or PRDJiscs and may
l ~ ! ; I P i j f .r ' i f l p ·i i [ H i U i H u I j f H r ·i fj ti n!~ ... i '·11 dd nth . ~r !I .. ~ t ~ · ~ ··· J"n t f f 11- ~ J" ~ t l • ~ .. - ... ., .. if" . II .
er 11 1r~ t't' ti 5 hi ~·u1 rtt ruiu rP ;. ~ • I 0 : ·f i . . ~ a. f Ii' . a ~. ! '!I S' ~ fa If 1J .frr rht· (1tj' nJ rP1d of
11J .. Hi hJii "l'Ht ti ! f l~l1Jfl 1!1 J ; fl J j i J ~ r ·i J i !I h I J i q J 1 ! ! Ji 1 i J I P ~ I , t·• . aq, ... ,. ··t -~ P i l? l .. Jr ' iifll1 'l~fff1I r ttfJ •rl r t , ra· 5 . I ... . a r ·~ J a . "' .ii o .~· . . \f
" ... ...
f ~ 1 fl . 111.. ;; p J ir n pH f • pl~ "~ a J l J I 4" , J I I • . f .• l I • ! { .. ~ f f i l . 1 ~ h t t q 1J1$t·1 hhn ltudlf ;il•!J .,i 1 '
If I . ii 111~1 llf f !I t!f ll!lt liff 11 t~ d~ . d I ~I Jl ff illq'i" ipu. il 1.a ci .~ .J.i I I _.r .. ·· 1 ". t! i J1 f1tri ~frii1·l11•ftr!. 1 1 1~ ~r rl ~ lr tf 1t1-lf11u ~fh!iJ · ittft h "'
r : .. '" r 1" ~ l. i ." -t .. ~ .r ! · I t . f t l [ \'\ L~ n
r:J·or '1
shall coD,Ipletel~ vacate the Premises and any parking or storage areas; deliver all keys, tumishiogs, it aiiy, and .PB'emises M)
Owner in t11esiime conolfion 811 received euepting normal wear and tear; and give written nofice ofTeaant's forwanlWg addniss.
Any attempt birenantto terminate this Rdtal agm:ment prior to the end of the original term shiiu be deemed to be a lm:.adi.of
this ag.rumenti and Owner shall be entitled to recover all damages occasioned thereby including leasing commissions.
advertising exifenses, and ubTtties mainCained to show the unit.
27. HOLDING o\l)m: Tenant agrees to vacate the Premises.by 7:00 PM on the termination date of this tenancy. Should Tenant
tail to vacate ht said time the hold-over shall be presumed to be wiUful and deliberate and Owner shaD he entitled to damages
for the hold-ov~ period, plus such other apcnsa iacun'Cd due to breach of this condition of the Agreement.
28. BOLD HARMj.ESS: Owner shall not be liltble for any damages or injucy to Teaaot, or any other penlOD, or to any property,.
oceorriDg ·on flie Premises or any part thereof; or in common areas then:ot; uni~ such damage is the proximate i:csu1t of the
negligence or u;dawfid act of Owner, flisAgents, or Jlis employees. Tenant agrees to hold Owner hannless from any elaims for
damages, no mlttter &ow caused, exc:ept for iujucy or other damages for which Owner is legally responsible.·
29. INSUJ;tANCE: ~Owners insurance does N!llpmvide fOr covenge ofTenaat's peaoaal fN:lougidgll orpersoaalliabilify mtlcss as
a direct and p~siwate resttlt of Owner's aegJigellc:e. Therefore, Owner1b'onzly uga aml n:commeuds to each Tmanlt «hat
Tenantsecarei{llfl:identiaaur:anatoprotectapinstlossessuchaafire,flood,theftvandalisnt.penoualinjucyorother~.
Owner will NOT accept liability or responsibilify for any losses not caused by its own pro.ximate negligence.
Tenant(s) Initials
30. LEAD J,JJSCLQSURE: Many homes aod apariments built hefore 1978 have paint Chat contains lead (called lead-based paint).
Lead fiom p~t chips aod dust can pose serious kealth hazards if not takea care of properly. The law requires thattenanls alld
lessees receive ~certain infOnnation before renting pre-1978 housing. Bysigniilg this Agn:emeut, Tenant repn:sents and mg8US
that Owner ha$ providedTenantwith such information, indudiag, but not limited to. the EPA booklet entitled "Proted Your
Family From I!ead In Your Home" and Cbe "Saa Francisco Lead Huard Nolice for pre-1978 Dwellings." Any known leafl.husrd
paint or lead h*7ards at the Premises, if any, are hereby disclosed as ollows: -------t----::::::1:--:-----
3L · INTERRUPTION OF SERVlcEs: OwnershaU not be liable to Tenant or to any other person in damages or otherwise, norshaD.
Owner he in dtfault Wlderthis Agreement for any interruption or reduction ohtilities or services caused by someone other
than Owner. :
32. GENERAL: The invalidity ·or partial invalidity of any provisioo of this Agreement shall not reoder the remainder of the . . Agreement im!alid or un~nforceable. Violation by Tenant of any applicable ordinance or statute shall be deemed sofficlent
cause filr ~ation of tenancy. No·on11 agreements have been entered into. This Agreement sliaD not be modified auless
reduced tow~g. "Fune is of the essence of this AgRemeat.
33. NOW.AlVER:)No.fidlureofOwnertoeafiin:ean,ytennofthisAgreementwillhedeemedawaiverofthattennorofanyother
term of theA~ment. The waiv~1Jy0wnerof any term ofthisAgn:ementwill not be deemed. to be.a waiver of any subsequcnt
DATE: llk1J I'-! . 2 0 I I r I
breach of the same or any other term off this Agreement, nor will any custom or practice which may develop Let.ween Sit- parlie!l
be construed ... waive or 'J.o lessen the right of the Owner to insist upon performance by Tenant of all the provisions of.this
Ag~t. Tt¢ subsequentaceeptaneeofRDt by Ownerwill not be deemed to be a waiver of any pniceding breach by1'euaotof
any term oft~ Agnement rq.ardless of Owners knowledge of such preceding breach at tile time of acceptaace ofsach rent.
Owner's accep(ance of a partial payment of rent will not eoastitute a waiver ofOwaer"s right of the fidl amount due nor will
Owner's accep(ance of rent paid late ever constffufe a waiver of Owner'~ right to evict Tenant fur llahitual late payment of rent.
34. ESTOP.PEL Cl!!RTIFlCATES: Tettantaml each of them, within ten (10) days after notireli-om Owner~sliall eocnte and deliver
tu ~er a certificate or statement signed by Tenant and each of them stating such information that may reasonably be
requested by oWner, including, bat not limited to, the amount of base rent currently paid, Tc;nant's move--indaf.e,dtedafeofany
last rent iocn:t(sc, ihe idea(ify offllmiCUR or fixtures that belong to Tenant, whetfter the rent incbtdes any parking space or
storage space, .$ad the amount of any security de.posit or prepaid rent and whether interesfon said deposit bas hce11 paid and
when. lo add~on Tenant(s) shaD di.selose, upon Rquest,anyilllbrmatiou"Wllich Tmantbdiens would preventanypun:haseof
Cite.Premises or'.would prevent Owner or pqteutial owner from moving into the Premises.. Failure to delivCI' the cerfificatewithin
the ten (lft) days shall he a material breach of this Agreement. ·
35. APPLICATION: Any Rental Application or mated funn submitted by Tenant is incorporaeed herein as though set furth in flllL
Any misrepresi:utatious contained therein shall be considered a material breadi of this Agreement and may sUbjectTeaant to
eviction.
36. BOUSE R~: Tenant a~ to abide by aoy and aU house rules. whether made knqwa before or after the date of this
Agreement, indading, but not limited·to, rules with respect to noise, odors, disposalofrefuseand llSeofcemmonareas. Tenant
has read, undetstands and agrees to be b&und by Cite misting House Rules !lttached to and made part of this Agreement.
37. A TfORNEY'S FEES: In any legal action brought by eidter party to enforce the terms hea'eo~ or relating to the demised
premises, the Iirevailing party shall be entitled te all cosfll incurred in connection with sucll action. including a n:asouablc
attorney's fee-:
38. ENTIRE AG~: The foRlgoiug constitutes the entire Agreement between the ~arties and may be modified only in
writing signed '1Y all parties except that Owner may change the terms of the tenancy and this Agreement pursuant to Cmi Code
Section 827. '.
BY SIGNING BELOW TENANT(S}~Y ACKNOWLEDGE(S) READING AND UNDERSTANDING THE TERMSOFTms
AGREEMENT,AN(JFllRlllERACKNOWLEDGE(S}BECEIVING A COPY HEREOF:
A/r;J 1 l/ . 2.. 0 I J ')
l'agdqfll
PBEMrSF,S~ i 7 r: ~/// ~ 5f DATE: A4 J/ 111i 10 I I
.,, TENANT h ~ DATE: flfov . I t, 1,,a H
... _ --·"~· - -· _ .• ___ ,, __ .----:-···-·~-·-.. <'•-- -·-·· -
HOUSERUI..m;
To protect your caqafort and privacy, and that or your neighbonr,, Management flas adopted the lbllowing rules and regulations
concerning your coildaet while a Resident of the Premises. Management reserves the right to post changes or additional nl~ and
regulations mated '6 the health. safd.y and well being of 'the Residents and the property.
NOISE
PABKING
(if available)
Bun.DlNG
LOCKOUTS
INSURANCE
REFUSE
L Tenants shall not make or permit any noise whiclJ will disturb other residents.. No boisterous play or
running in hallways. No slamming doors.
2. Radios, televisions, or any other sound equipment should .NEVER be operated to the disturbsn" of
others. 8J.*ial care slJOnld be exercised before 8!00AM and after IO.:OOPM. Te&llllfs must cemply with
the directions ofMa11agemmtand Management's determination sliall be final
3. Tenanls are l"CSpoosifJle filrinsaringthatdistarhiug noises are not caused by Tenant's fitmify or guests.
4. TenautS shall park in their assigned place ONLY and shall not permit visitors to use
parking litcilities.
S. Only vehicles may be parked in garage/parking areas.
6. Motorcycles, motor-driven cycles and bicycles, etc... shall not be stonm io/ou patios,mescapes.llallwAJS
or other non--paddng·areas.
7. No alteration that will aft"ect the bui1ding's appearance. such as the window coverings. shall he permitted
without.Management's priorwritteo approval.
8. No Coil. signs, advertisements, postea or similar displays. except burglary prevention notices. shaH be
aflhed to aoy door, window or exterior wall without Management's prior approvaL
9. Garbage ca'ns, brooms, mops, eardboard boxes and similar articles are to be kept inside the Tenaut's
prem1ses arid out of view. Ca.re shall he exercised that .such articles are not stonm in such a way as tu
cniate a 6": or safety h117.ard.
10. Towels, rugs, dotlling and other simi1ar articles are not to be huog from windows, railings or balconies.
lL Tenants should take care not to lock themselves out of their apar1ments. HM.anagemcotis required to
assist any Tenant iu gaiaiugentry to Tenaut's apartnteut on more than one oeeasion, Management may
dlarge Tenaut$25.00 for each SU'ccessive lockout or may require Tenant to contract with a pro&ssional
locllsmith.
12. Tenasfs are advised to cam!Pfliclmt:personal insur:ao.ee on their personal property and to P!'ftrectttw» f'rom frahillty to ayoid loss due to fire. Oood. flie&pemmaliQjmy or injmytg ethers. orothcrgmaJtv.
Management and Owaer1V11l no be finandally.n!S(IOllSl"bk for nplacemeat of auy items er for Tenant's
liability unless as a dkedand prvximate result of Management's or Owner's negligence. ·
13. Tu order to preserve the appearance and cleanliness of your build'mg, Tenants shall 1alre care to prevent
waste hm dropping or spiHiug on carpeting. aincrete and walkways when disposing of refuse.
14. Tenants are required to cooperate with any r«:ycling programs in etfeet.
ts. Items to large to fit in any~ chqte or.refuse eontaiu~ must be carried to the area designated by
·Maaagem.ent.
16. Refuse is to be pfaced iosidedesigoated contsiners or chutes and doors and fRls sltould not be idanmled..
17. Tenants are respo11St"ble for the general cleanliness and sauitaliou of flie building. PJcase keep that ip.
mind at all times.
18. Canlboard bolCCS and other large refiase should be broken down or folded before being placed in
PagdOefll
P~ESADDRESS:~7__.)........._-+h-'-"/,_,_,_r //_S.,_,lj.__..5'-'-f ____ _ DATE: Ne11 I 'I 'LO I I J
DEllVERIF.8
l.JNITCARE
WAIL
HANGINGS
LAUNDRY
F4CIL1.1lF.S
(ifavailable)
Admowledged:
designated containers.
~ 19. M:anagement is not responsible for the deUveay or i.cceptance o~ damage to or los.J of messages,
packages, mall or other material left at the entrances to the building or elsewhere on the premises.
: 20. BefOre washing orcleaniogwalls, drapery orc:arpdt c:omultManagemeutforthe appropriate method or
. fur n:eommended ftlldors to perform such work.
j 21. Teuantsludl lie resiionsihte turaaydamage caused by the emplojnteatof any improper method orwndor
and fur the cost or redoing the work or restoring damaged arlicles or property if the method applied or
the vendor employed was ururatisfactory.
22. Jmtalfation of air conditioners, venb1ators -0rwindow screening devices must first have written approval
ofManagement.-
23. No painting of any lind is permitted without Management's prior written oousent. Any time such
pcnoissiu is given it is espected that the original paint wlors will lie restored prior to vacancy. Tenant
shall be responsible fur any costs involved in such repainting.
24. Any accessories. such as towel bars. coat hooks or bnilMn closet shelves may not be added withoirt
Management's prior written consent. Once installed tliey may not be removed even upon vacancy of die
unit.
25. Garbage disposals and other plumbing facilities must be used only for the pnlpOSe for which they were
designed and constructed.
26. Adhesive picture hangers or any kind are pmhibited. Picture hangers employing a !l!!n nail or pin ue
permitted.
1.1. However, Tenant is respouole furthec:ostofanyrepairsorpaintingrcquiredasaresultofthelumgwg
of pictures or other objects.
28. Hea\.y articles are not allowed ia the laundry machines or dcyers.
29. Please remove contents from machine p~mptly when cycle is complete.
30. Management assumes no n:spoDS11Jility in tlie use of laundry equipment or for i~s lost, stolen or
damaged the~io.
~~ Tenantj Tenant Tenant
Pagellofll
· · 7 ~--- Jf,1/J ~r sr ' . .
. . . . ..
1¥ A .. -Ten an f i s re 5 p CJ l);~;~0,:lt4~~:/£fc,j .<Ja: r b Cl 9 e
c~s~ . fo be ca f cu~~ffj!!JJ;f{,~~-J·Ja /]J and. b , // e of Of n n u or I / Lj : ;l!tfJJi}'!'ffJK{!ff4:f ,ju..._ tF h
e. n el a -P tJ c cu p a ri~~jW!W1;f~i'.iiOkJv e r-1 of l:s ere 1; on
EXHIBITB
All Te:nattts 69-75 Hill Street San Ftancisco, CA 94110
ZORIALLLLC 584 Castro Street, #199
San Francisco, CA 94114
(415)-691-1264
Notice of Change of Ownership and Management
Dear Tenant(s),
June 26, 2014 ·
We wish to inform. you that the building is under new ownership and .tna:nagement effective 06/26/2014. My natne is Anna Swain and I will be your p:citnaty contact.
Please note that all future rent payments should be made payable and mailed to:
ZoriallLLC 584 Castro Street, #199 San Francisco, CA 94114
Please let us know if there any changes to your contact information when you send ou,t your May rent payments so we may easily reach you.
For all repairs, please feel free to text me at the abovt: number or send a request by 1nail to the above address.
Except for the above mentioned change, and the changes in the sepatately noticed Change of Tertns with the satne date, all other terms of your Rental Agreement shall remain in force and effect We look forward to meeting each and every one of you in the very near future.
Sincerely,
Note: Management's fiulute to require compliance with conditions of this agreement, or to exercise any right provided herein, shall not be deemed a wni,,er by .Mimagement/Landlord or such condition or right. Manngcment's / Landlord's acccptnnce of the rent with knowledge of default under agreement by Tenant shall not be dem1cd a waiver of such dcfuult, nor shall it limit Management's / J .andlord's rigbm with respect to that or any subsequent right. It is further agreed between the parties that payment of rent at any time shall not be n wniVt:r to any Unfawful Detainer action unless Managi:ment in writing specifically ncknowledgi:s that this constitutes a waiver to the Unlawful Detainer action.
EXHIBITC
HOUSE RULES
Dated: July 26, 2014
Effective: 30 Days from Receipt California Civil Code Section 82 7
(These Rules supersede all other Apartment House Rules)
I. GENERAL
This document is an addendum and is part of your Rental Agreement for your rental unit at property location: 69-75 Hill Street, San Francisco, California 94110.
New policies and rules or amendments to this document may be adopted by the Landlord upon giving 30 days' notice in writ4ig to Tenants with month-to-month tenancies. Tenant accepts the House Rules by remaining in possession after they come into effect and paying rent each month. If Tenant does not accept th~ House Rules, Tenant may opt to give 30 days' written notice to Landlord to terminate his or her tenancy and move out.
1. All apartment units in the building are to be used exclusively as the primary and principal place of residence of the Tenant who is the "Original" Tenant of the premises, and for residential use only. No business operations may be run from the premises. Retail or commercial use is prohibited except'that limited home office use will be allowed provided that Tenant complies with all applicable laws regulating such use.
2. Tenant may not assign this Agreement or sublet the whole or any portion of the Premises without obtaining the prior written consent of Landlord which MAY be unreasonably withheld. The Tehant(s) named in the rental agreement and/or who originally moves into the vacant rental unit is the only "original" Tenant. Tenant may not take in any boarders, lodgers, or roommates (including replacement roommates) without the prior written consent of the Landlord. No person other than the named Tenant(s) shall be permitted to regularly or continuously use or occupy the Premises unless he or she completes the Landlord's regular application process and abides by the guidelines set forth in Section 6.15 of the San Francisco Rent Board Rules & Regulations. Particularly, all of the following conditions must be met: (1) Tenant notifies Landlord in writing, stating a request to have a new person occupy the Premises; (2) said prospective occupant completes Landlord's rental application and pays the processing fee; (3) Landlord approves of the prospective occupant's credit worthiness and references
I
from prior landlords; and ( 4) The prospective occupant is served with a copy of Section 6.14 of the Rules and Regulation of the San Francisco Rent Ordinance. No action or inaction or acceptance of rent or knowledge on the part of Landlord shall be deemed to be a waiver of the provision of this Paragraph on the part of Landlord and shall not be deemed an approval of any person as .a "subtenant" for any purpose.
3. Depending upon the habitable space in rooms used for sleeping purposes, as defined by the Uniform Housing Code, Landlord may place a reasonable limit on the number of persons occupying the rental unit. Where more than two persons occupy a room used for sleeping purposes, the required floor space may not be less than 70 square feet; and where more than two persons occupy a bedroom, the required floor space is increased by 50 square feet for each occupant in excess of two, minor children under six years old excepted.
4. No Tenant may use the kitchen, hallways, closets, stairwells, laundry rooms, or bathrooms or any room less than 70 square feet for sleeping purposes. Tenant must utilize portions of the rental property for living, sleeping, cooking or dining purposes only as they were respectively designed or intended to be used for such occupancies.
5. No guest(s) can stay for more than 7 consecutive days or 15 days in a calendar year without prior written consent of the Landlord. Violation of this rule shall be deemed a substantial and material breach Of the rental agreement and just cause for eviction.
6. All common areas, such as backyard, must be shared equally amongst the tenants. Any areas designated for exclusive use by certain tenants must be mutually agreed to by all tenants. Once certain areas have been designated for exclusive use by certain tenants, then the other tenants shall courteously respect that designated and not trespass thereon.
III. RENT TERMS
1. All rents are due to Landlord by midnight on the first day of each month and deemed late after the fifth day. After that, Tenant will be responsible for payment of a late fee in the amount of$50.00. Tenant will also be responsible for payment of $25.00 for each bounced check. No cash rental payments will be accepted at any time. Failure to pay the late fee within 60 days after a written demand is made upon Tenant by Landlord for said payment will result in the late fee being deducted from the Tenant's security deposit. ·
2. Tenant must replenish the amount of the original security deposit in the possession of the Landlord by the Tenant's ne~ Anniversary Date. Failure to do so will constitute a breach of a covenant of tenancy and lawful obligation, and a Three Day Notice to
2
Cure or Quit may be served by Landlord, at its option, and only cured by Tenant by the timely replenishment of the security deposit in full.
3. A written rental agreement with each Tenant's name, and/or present or former Master Tenant's name on it if Tenant is a Subsequent Occupant as defined by Section 6.14 of the Rent Board Rules & Regulations, must be on file with the Landlord. The written rental agreement shall be the Landlord's then standard rental agreement or the standard written rental agreement used by a prior landlord at or about the time the Tenant's tenancy commenced (if said fo1m is available). If a Tenant maintains that he has an oral rental· agreement, then the House Rules promulgated by the Landlord shall apply to Tenant's tenancy if he or she has a month-to-month tenancy and continues to pay monthly rent.
4. A completed· and signed Tenant Information F01m or Tenant Application containing each Tenant's information (re general background check, current employment, credit and income information, references and emergency contact persons) must be on file with the Landlord and updated upon the Landlord's request.
5. If requested by the Landlord, Tenant will have ten (10) calendar days to provide updated Tenant Information and a signed written rental agree.ment to the Landlord.
6. After Tenant's written lease expires, Tenant's tenancy automatically becomes a month-to-month tenancy. Tenant must give 30 days' written notice to vacate Landlord. Tenant's security deposit cannot be used for last month's rent. The day Tenant vacates is the day he or she nuns in the key to his apartment to the Landlord and fills out a Statement of Condition form with the Landlord, whichever is later. If Landlord accepts the key, the tenancy is terminated, and Tenant and Landlord are no longer responsible for performance under the terms of the applicable Rental Agreement.
7. If Tenant has given a 30-day notice to vacate, it is Tenant's responsibility to make an appointment with landlord to turn in the keys ancl fill out a Statement of Condition form with Landlord. Failure to do so may result in damage, cleaning, or other charges being withheld from Tenant's secmity deposit refund.
8. Whether or not Tenant infoo.ns Landlord that he or she is vacating the apartment, if Tenant vacates the apartment for longer than 180 days and sets up residency elsewhere (as his or her p1incipal place of residency as defined by Section 1.21 of the San Francisco Rent Board Rules & Regulations) without making arrangements with the Landlord tp continue his tenancy, that Tenant's tenancy is deemed terminated and treated like an abandonment without further notice by the Landlord or without formal acceptance by the Landlord or Tenant's termination of his tenancy, even if other Tenants, who resume responsibility of paying the rent under the applicable rental agreement for the apartment, remain.
3
• 9. Upon the request of Landlord, Tenants must disclose to the Landlord what amount of ·
rent each Tenant contributes to tht'. total rent on the rental unit. No master tenant may collect more rent (or charge for services relating to housing services) from his roommates or co-tenants more than what he pays the Landlord. Any such violation of the San Francisco Rent Control laws will result in eviction of all Tenants in the rental unit. Furthermore, no master tenant may charge more to his or her roommates than that proportional shat·e of the rent which is being charged by and paid to the Landlord which is attributable to any exclusive use area rented to the subtenant, plus a reasonable pro-rata share of the common area space of the apartment unit that the subtenant has a right to utilize.
10. All communications with the Landlord must be in writing, or followed up in writing.
11. All sums of money received by the Landlord from Tenant shall be applied to the oldest outstanding monetary obligation owed by Tenant to Landlord (rent and late fees). Any other designation by Tenant of the manner in which said payment is to be applied shall be void and of no effect.
IV. NOISE AND CONDUCT
1. Tenant shall be courteous to all other tenants, Tenant shall not make or allow any excessive noise in 'the unit nor permit actions, which shall interfere with the lights, comforts or conveniences of other persons, especially between the hours of 9.00 p.m. and 8.00 a.m., that including cleaning in common areas, doing laundry in the laundry room (if applicable), operating machinery, equipment, playing with toys with wheels or motors, or toys that pound.
2. All floors that have the potential to cause excessive noise when walked upon, to surrounding rental units shall be covered, at the Tenant's expense. Alternatively, Tenant must remove his or her shoes before walking on such floors if he or she is unwilling to cover the floors at his or her own expense.
3. Tenant shall refrain from playing musical instruments, television sets, stereos, Radios, and other entertainment items at a volume which will disturb other persons.
4. Tenant shall refrain, and shall ensure that Tenant's guests likewise refrain, from · Activities and conduct outside of the unit (in common areas, parking areas, etc.) which are likely to annoy or disturb other persons.
5. Tenant is responsible for the conduct of his or her guests. Bad conduct or property damage or destruction by a guest shall be charged to the Tenant. Tenant shall not permit any person on the premises with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or rental unit, or the facilities, equipment, or appurtenances thereto, or do any such thing himself.
6. Any acts of harassment, verbal abuse, or property damage by any tenant upon
4
Another tenant, the landlord, or its representatives shall be grounds for eviction.
7. -NO SMOKING in the building, including inside dwelling units and inside interior common areas.
V. CLEANLINESS AND TRASH
1. Tenant shall keep the rental unit clean, sanitary and free from objectionable odors and clutter at all times.
• 2. Tenant shall properly use and operate all electrical, gas and plumbing fixtures and
keep them as clean and sanitary as their condition permits.
3. Tenant shall maintain their own garbage service and put garbage cans on the curb for pick up timely and as required. No more than six persons may use one garbage can. Tenant sh~ll pay for the use of additional garbage cans as the occupancy of his rental . unit requires.
4. None of Tenant's belongings shall be stored anywhere on the premises, other than in Tenant's rental unit, or areas designated by the Landlord. Any fines or cost of
. enforcement may be deducted from Tenant's security deposit.
5. Tenant shall ensure that trash and other materials are not permitted to accumulate so as to cause a hazard or be in violation of any health, fire or safety ordinance or regulation.
6. Tenant shall ensure that garbage is not pe1mitted to accumulate and that it is placed in the trash containers provided for that purpose on a daily basis. Tenant shall ensure that large boxes are broken apart before being places in the trash containers. Tenant shall be responsible, at Tenant's expense, for hauling to the dump those items too large to fit in the trash containers.
7. Tenant shall ensure that fumiture and property is kept inside the unit and that unsightly items are kept out of view.
8. Newspapers are to be placed in the newspaper disposal bin located in on the premises.
9. Other than launde~g delicate in need of hand washing, Tenant shall not use the sinks or bathtub inside the premises to launder his or. her clothes, and instead use an outside Laundromat.
10. Tenant shall refrain from shaking or hanging clothing, curtains, rugs, and other coverings and plants outside of or on any window, ledge, or balcony.
11. Tenant shall refrain from disposing of any combustible or hazardous material in trash containers or bins.
5
12. Landlord cannot be held responsible for any damage or theft of any nature due to Tenant's personal property which might be stored in the common areas on the premises.
13. Bicycles cannot be parked or stored anywhere except in the garage, if one is Available. Tenant's apartment and common areas in the building cannot be used for bicycle parking or storage. It is Tenant's responsibility to keep his bicycle securely locked at all times. Landlord cannot be held responsible for any damage or theft of any nature to Tenant's bicycle or any other personal property which might be stored on the premises.
14. Scooters, mopeds, and motorcycles can only parked in rented garage spaces, if a garage is available .. They are not allowed anywhere else, including sidewalks, driveways, 01· in the building.
15. Repairing Tenant's vehicle is notpermitted ANYWHERE on the building prope1ty or adjoining driveways or sidewalks.
16. Parking is not allowed on sidewalks, nor may Tenant block the garage door or Service door entrances or fire escapes. Tenant is subject to towing, at his expense, if he parks on the sidewalk or blocks any entrances.
17. TIIB ROOF OF THE BUILDING IS OFF LIMITS EXCEPT AS A FIRE ESCAPE.
18. NO PETS ALLOWED - not even to visit or on a temporary basis, unless set forth in Tenant's Rental Agreement or in a written Pet Agreement. In the event Tenant obtains written consent of Landlord to keep a pet, all pets must be kept on leashes while in the common areas of the building property.
19. Tenant shall be responsible for paying for his own gas and electric bill as separately metered, or his proportional share of the Landlord's single bill. If said bill is not separately metered, then Tenant's fair share shall be determined by dividing up the bill by the number of occupants using and occupying Landlord's property (minors included), including Landlord and his family or co-occupants.
20. No parking space may be used for storage or as a storage place for anything other than one working vehicle. Tenant may not store a nonworking, defunct or broken vehicle in any parking space for more than 60 days. '
21. No parking space included in Tenant's rental or rented to Tenant under a separate rental agreement, or any portion thereof, may be sublet without the prior written consent of Landlord. Nor may Tenant's rental agreement be assigned to another without the prior written consent of Landlord.
22. No satellite dishes. are allowed in or about the building.
6
VI. SAFETY/SECURITY
1. Secwity is the responsibility of each Tenant and guest. Landlord assumes no responsibility or Hability, unless otherwise provided by law, for Tenants' and guests' safety and security, or for injury or damage caused by the c1iminal acts of other persons.
2. Tenant should help keep the building secure. Tenant should never allow any unknown person into the building and make sure the front and garage doors are locked behind him.
3. Tenant should ensure that all doors are locked during Tenant's absence.
4. Tenant may not install alarms, change the locks or add additional security hardware to his apartment, or any portion thereof, without prior written perniission of the Landlord. Tenant shall provide a copy of the key to the Landlord. In case access is necessary, Tenant may never secure his apartment in any manner that would deny access to the apartment by Landlord.
5. Tenant should ensure that all appliances are turned off before departing from the premises.
6. When leaving for an extended period, Tenant should notify Landlord how long Tenant will be away.
7. Prior to any planned absence from the unit, Tenant shall give Landlord authority to allow entry to the unit to any person or provide Landlord with the name of any person or entity permitted by Tenant to enter the unit.
8. Tenant shall refrain from smoking in bed, and not within 20 feet from Landlord's or oth~r tenants' residences. Tenant shall not throw away or leave any cigarette butts on Landlord's property.
9. Tenant shall refrain from storing at the premises, and shall regularly dispose of household hazardous waste such as paint, used batteries, pesticides, fluorescent lights, mercury thermometers, solvents, degreasers, antifreeze, gasoline, used motor oil, cleaning solvents or other combustibles, and electronics waste, etc. from the premises. All volatile materials shall be regularly disposed of by Tenant (at no charge) at the proper site on Tunnel Road in San Francisco, call (415) 554-4333 for instructions.
7
. '
10. Tenant shall refrain from placing any newspapers, potted plants or any items in interior and exterior stairways, or fire escapes.
11 ~ If Tenant is locked out of his apartment, Tenant may ask Landlord to let him in. In such a case, Landlord may charge Tenant $100.00 for each incident. If unable to do so, Landlord will recommend Locksmith Company whose fees are to be determined by the company.
VII. MAINTENANCE, REPAIRS AND ALTERATIONS
1. Tenant shall advise Landlord any items requiring ·repair, such as dripping faucets, running toilets, and plumbing leaks. Tenant shall make repair requests as soon after the defect is noticeable and causing a continuous problem.
2. Each rental unit is entitled to have the drain in their rental unit snaked by a plumbing professional one time per year, at no charge. If the same drain needs to be snalced more than one time per year, and the plumber determines that the clog is due to improper care by Tenant (i.e., hair or food in the drain which could have been prevented by the use of a strainer or hair catch), then Tenant will be charged for and pay for the actual cost of the snaking.
3. If Tenant needs a repair within his unit, Tenant must make a work order request in writing unless it is an emergency. Until the Landlord has received a written request, signed by the Tenant, the repairs cannot be done. TENANT MAY NOT UNILATERALLY MAKE REPAIRS TO THE PROPERTY AND DEDUCT IT FROM HIS RENT UNLESS LANDLORD HAS BEEN NOTIFIED AND GIVEN A REASONABLE AMOUNT OF TIME TO MAKE THE REPAIR. All procedures regarding the "Repair and Deduct" remedy must be pursuant to applicable California law.
4. If Tenant has an EMERGENCY repair, contact Anna Swain at (415)691-1264.
5. Tenant shall be responsible for replacing batteries in all smoke detectors and advise Landlord if smoke detector(s) in his apartment are not operating properly.
6. Tenant shall refrain from making any alterations, modifications or improvements to the unit or building without written consent of Landlord.
7. Tenant shall refrain from using aluminum foil or paper as a window covering and shall obtain the· approval of Landlord before using any window covering visible from the exterior of the building.
8. Tenant may not, under any circumstances, use the sink as a garbage disposal. Bones, grease, oil, egg shells, stLingy vegetables, hard materials, etc. shall not be dumped down the sink drains or toilets.
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9. Tenant may not use sharp instruments to defrost the refrigerator, if damaged in this manner, he or she will be held responsible for the replacement cost of a new refrigerator.
VIII. NO WAIVER BY LANDLORD
1. No failure of the Landlord to enforce any term hereof shall be deemed a waiver. The receipt by Landlord of the rent with knowledge of any violation of a covenant or condition hereto shall not be deemed a waiver of such violation.
2. If any legal action or proceeding is brought by any party against the other under this rental contract, to enforce the terms hereof, or relating to the premised, each party shall pay their own attomei s fees and costs.
3. This set of House Rules supersedes any previous house rules for the property.
IX. AUTHORITY OF INDEPENDENT CONTRACTORS
4. Workers at the building are independent contractors of the Landlord, and are not designated property managers or agents authorized to act on behalf of the Landlord. No person, other than Management is authorized to approve tenancies, receive verbal or written notices from Tenant intended for the Landlord, receive formal complaints from Tenant intended for the Landlord, give permission to Tenant for anything concerning tenancies or use of the building, modify or amend rental agreements, promulgate House Rules, issue legal notices, or authorize repairs by Tenant or reimbursements to him or her.
9
EXHIBITD
Z.OriallILC 584Cmtro Street,#19) San~,CA.94114 '
THIRTYDAYNOTICEOFCHANGEINTERMS OF TENANCY
California Civil Code Section 827
July26, 2014
TO: Ben Hutchinson 75 Hill Street San Francisco, CA 94110
PLEASE TAKE NOTICE that on July 30, 2014, or 30 days after service of this notice, whichever is later, and pursuant to California Civil Code Section 827, the Owner of 69-75A Hill Street, San Francisco, CA 94110 (the "Subject Property'') will change one of the terms of your tenancy and omit the "Attorney's Fees" provision of the written, now month-tomonth rental agreement that commenced on December 1, 2011. Effective in 30 days, the new term will read, "ATTORNEY'S FEES: In the event any action is brought by any party against the other under this rental contract, to enforce the terms hereof, or relating to the premises, each party shall pay their own attorney's fees and costs."
The new change In the terms of your tenancy shall take effect on August 30, 2014 or 30 days after service of this notice, whichever is later.
Advice regarding this notice is available from the Residential Rent Stabilization and Arbitration Board located at 25 Van Ness A venue, Suite 320, San Francisco, California 94102. The telephone number is 415.252.4600.
If you have any questions regarding this matter, please call the undersigned.
By,j\tg t;
ZonallLLC (415) 691-1264
EXHIBIT E
All Occupants
69-75 Hill Street
San Francisco, CA 94114
;~0
ZORIALLr.LLC
584 Castro Street, #199
San Francisco, CA 94114
(415) 691-1264
CHANGE OF MAIL BOX AND
NOTICE TO REMOVE ALL ITEMS IN LOWER LEVEL
Hi Everyone,
.
November 9, 2014
We noticed that the mail slots are too small for some of the larger items being
delivered. We ordered and are installing the new boxes. We spoke to the Post Office
local center and they can take up to a month to get a lock. In the meantime, they will
continue to deliver the mail.
We also previously altered several of you to clear all your personal items from
the lower level of the building. We noticed bikes and some trash that need to be
cleared. Please remove those last items no later than November 24th as after that day as
we will assume they don't belong to anyone and we will remove the items.
Sincerely,
few Zoriall LLC
Note: Management's failure to require compliance\ Ith conditions of this agreement, or to exercise any right provided herein, shall not be deemed a waiver by Manageme. it/Landlord or such condition or right. Management's I Landlord's acceptance of the rent wlth knowledge of default und13r agreement by Tenant shall not be deemed a waiver of such default, nor shall it limit Management's'/ Landlord's rig tits with respect to that or any subsequent right. It Is further agreed between the parties that payment of rent at any time shall not be a waiver to any Unlawful Detainer action unless Management in writing specifically acknowledges that th;\constitutes a waiver to the Unlawful Detainer action.
'\ •I
EXHIBITF
24-HOUR NOTICE OF INTENT TO ENTER PREMISES
To: All Occupants
Address: 71, 73A, 75 Hiii Street I'
San Francisco CA
Dear Resident:
Please be advised that the Owner/Agent or Owner's/Agent's employee(s) will enter above
listed premises on or about (Datei11me> Thur, Fri 3/26-27 and Thur4/2 between 9-4pm
during normal business hours for the reason listed below:
D To make necessary or agreed repair(s) and/or improvement(s)
D To exhibit the premises to: 0 a prospective tenant, Oworkers and/or contractors
O Other: . Perform requested repairs and have work inspected.
Note that your failure to grant access is a material breach of Rental Agreement.
If you have any questions, please don't hesitate to call.
Owner/Agent: _z_o_ria_l_IL_L_C~~~~~~~~~~~~~~~~~~~~
Date: _;;3=/2;...;..;4/...:..;15:;,..._ _ ______ Phone: 415-691-1264
~ AOA Form No. 130 (R&v. 04l06) • Copyright 2006 • Apartmenl 0wh.,. Auodolb /- ·
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EXHIBITG
• ''•To: "".f?age1 of2 201 ~26 11 :i<J:59 PDT . From: Ben Hutchinson
Residential Rent Stabilization & Arbitration Bo~;:- r· f:-'. I VF D City and County of San Francisco _
~--------------------------~..gf.l'-1-!'~i.-&.J,,1,-~~~J
My building was bulltbofore June 13, 1979.' fll.Yes a No Ll Don't Know
· lteeellfesomerentalass1&tai1Cafromagovemmenlag~l'I~ •. ·-.. t::lves ~No a Don't Know-----Spoolfy typo at Malalanae
My rent Is paid to )9\ the owner Ll the manager a the master tenant a other ----------
The person or business I pay my rent to Is: _Z.==-""fJ·~r•:..::t4.=--l....:.f_....:L~l......:C..~-------------A 111 p • 1-' ·, h.lij·,·. r._ - ' Theowne~enamels:~-__,_f"\~~~V1'-'-"---..,-~IL::....:...._~~~---->~vv~a~•~!C'\""1..-------------
(l'tsl) tMkk1!9 lnllllO (l.sl) ·
The owner's malling addrees Is: ..,,,......5 ..... $'=-t"..,.____,,G~A-d""'.,o"-. =S_,_f-__ ··~ __ ,,.-...,._S=. =~=lo\__.f_,_f!!=""'=.:..:;s:.::...t~o,c;:;..l4..,_, ...;.q..s.'t_,_11_1J-,,_ (Slroel Number} (Slrmt Nlme) (ApUSulla'Nimbs) (City lild Slate) r r ~ CodtJ
Work Phone; lftS"6-qf l1,61f- HomePllone: ------- other Phone:
The master tenanrs name (If applloable) Is: ....,.,.,.,....,--------,.---------------{fht) (Mlddlll lnftlaO IJ..ul)
The master tenant's malllng address Is: (Apl.ISUle llllmber) (City and Sala) (Slrnt~) (SlreatName) (21pCode)
Work Phone:------- Home Phoile: -------- Other Phone: -------
The landlord's attorney/representative (If appUcable) Is: --,,,.,.....,, ______ __..,... _________ _ (cfrolG one) {Flrll) (Mlddla lnlfelJ (lul)
The attorney/reprea11ntatlve1s malling address la: (811 .. t Hlillber) (S!rM! Nllne) (ApL/Sll'le Numbtl) . ICiiy llld SI•) (Zip Code)
Work Pt.lone: ------- Home Phone: Other Phone! -------
25 Van Ness Avenue #920 San Francisco, CA 94102-6033
&l!O Rtpt AWS 37 J!(rl 1111 :w7
Page 1
Phone 415.252.4602 FAX 415.252.4699
.. •'-·To: ~'Page 2 of 2 2015-~·2611:40:59 PDT
Residential Rent Stabilization & Arbitration Board City. and County of San Francisco
REPORT OF ALLEGED WRONGFUL SEVERANCE OF A HOUSING SERVICE PURSUANT TO ORDINANCE §37.2(r}
. From: Ben Hutchinson
WARNING TO TENANTS: The fding of this Report will not prevent the landlord from filing a legal action against you in court. IF YOU RECEIVE COURT PAPERS, YOU SHOULD SEEK LEGAL Ass1sTANcE IMMEDIATELY. . , J No j.. S' A 'Ill .... ; "J.. -1eC.(!1..J2 "'- V\tT11;e_ ' Q,,_ 'l\! 1.,.,
.1. I received a LI written andfor LI oral notice to stop using the foHowlng housing service (check one):
LI garage facilities CJ parkin~ facilities r::::J driveway r::J storage space pl laundry room LI deck r::J patio
0 garden CJ kitchen facilities In residential hotel (SRO) 0 lobby In residential hotel (SRO)
rrom~,,,,...,,,--~~~-_,,~-,-~~~~~-,-~~~~~ (Flral) (Middle lnlllaQ (Lui)
on~~~~~~~~~~-(Dlllel
who Is the LI owner CJ manager r::::J master tenant CJ landlord's attorney 0 landlord's representative
2. I have attached a copy of the notice to this Report of Alleged Wrongful Severance. 0 Yes Cl No ""'"
3.
4.
5.
I have attached other supporting evidence to 1t}ls Report or Alleged Wrongful Seve~nce. .CJ Yei;i CJ No
~;us~~~ th.a h~usln~ servloe ~~s -supposed. lo. sto~ ~~ ~h~ fo~lowing ~:te:- . . . . . -h /"' • ~ta l;,a { t·w . .
I 0 did D did not stop using the housing service on the following date: _ _,,5:::.IZ:::Q.::... ~b£.l!;:;.;(:.::..,..::.i.I;__ ____ _
6. The landlord reduced my rent by the following amount for the decreased housing servJce: $. __ O_-'----
7.
a.
9.
Pcaut
re..M11vQ: "'°"" prt.,.,.; ~.S I understand that I am responsible for my own defenae In any lawsuit. I release the Rent Board, Its members J;. '1 and staff, the City and county of Ban Francisco, and any and all of Its officials or employees from claims arising ou' 1 .:JU. of my filing of !his complaint or the Rent Board's actl~n upon It ·
Have you or your landlord previously flied a petition or report with the Rent Board concerning this property?
0 Yes p. No If Yes, pleaea list the petition number(s): __ ~------------
DECLARATION OF TENANT(Sl
I DECLARE UNDER PENALTY OF PERJURY THAT THIS INFORMATION AND EVERY ATTACHED DOCUMENT, STATEMENT AND FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
NQ!i: Every tenant who wishes to ba Included In this Report of Alleged Wrongful Severance must sign this declaration.
Print Tenant's Name: {)ii"' ijt;\.f(. 4 i "">di!\. (Flrsl) (Middle lnlUaQ (last)
Tenant's Signature: ~ f/i;,b~ Dated: o·~ I z:z .. { Zt.);) 25 Van Ness Avenue #320 / 62l!RaptAWS37.2(r)3113/07 Phone 415.252.4602 San Francisco, CA 94102-6033 FAX 415.252.4699
Page 2
~ ~ . Resl~~al Rent Stablllzatlon and Arbitration ard
City & County Of San Francisco
Esta notlficacl6n puede afectar a sus derechos como propietario o inquilino. Si necesita ayuda para entender este aviso, porfavor llame al 415-252-4602.
TO: Ben Hutchinson 75 Hill Street
lllEMORANDUlll
Anne Klhagi Swain 584 Castro Street
Nancy M. Conway 345 Franklin Street
San Francisco, CA 9411 O (Tenant Petitioner)
San Francisco, CA 94114 (Landlord Respondent)
San Francisco, CA 94102 (Tenant Attorney)
FROM: Aaron Morrison, Eviction Unit (252-4611)
DATE: 3127/2015
RE: Notice of Receipt of Alleged Wrongful Severance of Housing Service Pursuant to Ordinance Section 37.2(r)
CASE NO: E150553
PROPERTY: 75 Hill Street
This memorandum acknowledges receipt of a-Report of All!Qed Wl'.ongfµI Severance ba~d on the severance or removal-of a housing service. · - · · ·
Effective August 8, 2006, Section 37.2(r) of the Rent Ordinance was amended to require landlords to have a "just cause" reason under Section 37.9(a) in order to remove or sever any of the following housing services from a tenancy: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, or gardens on the same lot, or kitchen faclllties or lobbies In single room occupancy (SRO) hotels. In addition, the landlord must reduce the tenant's rent by a commensurate amount based ~m the decrease In housing services. Following removal or severance of a housing servl¢e, either the landlord or t!'Je tenant may file a petition at the Rent Board to determine the amount of the corresponding rent reduction.
The Report of Alleged Wrongful Severance filed by your tenant Indicates that the notice to sever the housing service Is defective because it either fails to state a "just cause" reason for severance or removal of the housing service or the landlord has failed to meet the "just cause• requirements for severance or removal of a housing service. Any dispute concerning "just cause• will have to be determined by a court.
IT IS STRONGLY RECOMMENDED THAT THE LANDLORD SEEK LEGAL ADVICE BEFORE SEVERING OR REMOVING ANY HOUSING SERVICE SPECIFIED IN ORDINANCE SECTION 37.2(r).
ff you have any questions regarding this case, pleaSfJ contact Aaron Motrison at 252-4611.
25 Van Neas Avenue #320 San Fnmcfsco, CA 94102-6033
Our hours of operation are 8:00 AM- 5:00 PM Monday through Friday.
2+hour Information Una 415.252.4600 lnlamat www.llfrb.org
Phone 415.252.4602 Fax 415.252.4699
EXHIBITH
24-HOUR NOTICE OF INTENT TO ENTER PREMISES
To: All Occupants
Address: 71, 75 Hill Street Unit# ___ _
San Francisco CA -----------------·'
Dear Resident:
Please be advised that the Owner/Agent or Owner's/Agent's employee(s) will enter above
listed premises on or about coate/TimeJ Thur4/16 and Wed 4/24 between~-4 during normal business hours for the reason listed below:
D To make necessary or agreed repair(s) and/or improvement(s)
D To exhibit the premises to: 0 a prospective tenant, Oworkers and/or contractors
D Other: · Perform requested repairs and have work inspected.
Note that your failure to grant access is a material breach of Rental Agreement.
If you have any questions, please dori't hesitate to call.
Owner/Agent:_Z_o_ria_ll_L_LC ___________________ _
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Date: -·Ml t~Jl
This notice is give11 19!
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AOA Ferm No. 130 (Re• •San Fernando Valley (B1B)ll88-9200 •Los Angeles (323)937-
EXHIBIT I
Tuesday April 21, 2015
Ms Anne Kihagi Swain
Zoriall LLC 584 Castro St, #199 San Francisco, CA 94114
Dear Ms Swain,
Re: Removal of microwave/fan appliance at 75 Hill St
You visited 75 Hill St on Friday March 27, in response to the Department of Building Inspection's Notice of Violation (complaint #201531221). The city required that you "Provide an approved receptacle within reach of the appliance cord plug" for the microwave/fan appliance above the stove. When you visited you stated that you would remove the microwave/fan appliance and provide a smaller microwave. I stated that the device was needed when cooking, for removing steam, fumes and odors from the air, and requested that you provide a replacement.
On April 16 an workman employed by you came and removed the microwave/fan appliance and provided a counter top microwave.
I would like to repeat my previous request for a replacement fan appliance over the stove. As well as the crucial fan and filtering functionality, it also had a light that was very useful when cooking. The counter top microwave is also less than ideal as it takes up a chunk of the little free counter top space that exists in the kitchen. Furthermore, the wall where the microwave/fan appliance used to be is in very poor condition, with many screw holes, it is a really an ugly sight and impedes my ability to enjoy spending time in the kitchen.
Replacing the microwave/fan appliance would be a much better solution, as the current solution impacts my ability to cook and use my counter tops.
Sincerely, Ben Hutchinson
EXHIBIT J
Today you were trying to intimidate the handyman and contractor by taking their pictures? You have also continued to point your camera at all of us coming to the property despite notice ..
14:03 via SMS
Send SMS to (415) 691-1264
please do. i have pictures of you taking pictures of us. plus you already know your camera is illegal. I will look intro charges as you continue despite warnings.
~end SMS to (415) 691-1264
Fantastic aim it at me in the driveway and sure your picture . taking yesterday when arrived . was legal! !I!
18 mins via SMS
~end SMSto {415) 691-1264
EXHIBITK
'I
60-DAY NOTICE TO TEMPORARY VACATE THE PREMISES TO: BEN HU'FCHINSON, tenants in possession, and all other tenants, subtenants,. and occupants in a form of tenancy unknown, including a subsequent occupant, collectively refen-ed to as "YOU," claiming to have a right to possess the ptemises located at:
75 HILL STREET, SAN FRANCISCO, CALIFORNIA, 94110; CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA,
including any land, residence, or other fixtures and improvements, located on the above premises, together refen-ed herein as a "subject property" or "premises."
NOTICE IS HEREBY GIVEN THAT, pursuant to the San Francisco Administrative Code, Chapter 37, otherwise known as "Residential Rent Stabilization and Arbitration Ordinance," Chapter 37, Section 37.9(a)(l l), that the owner of the subject property seeks in good faith, without ulterior.reasons, and with honest intent, to temporarily recover possession of the premises solely for the purpose of effectin'g the capital improvement and rehabilitation work on the subject pmperty.
THE ESTIMATED TIME TO COMPLETE THE CAPITAL IMPROVEMENT I REHABILITATION WORK IS: THREE MONTHS. The owner of the subject property anticipates to commence the work on the day following YOUR temporary vacating the premises. The above-stated period of time to carry out the improvements is based on a good faith estimate. Should the work be completed sooner than the estimated time, YOU will be allowed to move back in and regain possession of the premises on such sooner date. The approximate month and year
· currently estimated are: March 2016.
The scope of the capital improvement I rehabilitation work includes electrical rewhing of the unit and installing a new electrical sub-panel; and also includes replacement of the old waste pipes inside the subject property, therefore rendering the subject property uninhabitable for the length of time the capital improvement I rehabilitation work is being performed.
NOTICE IS FURTHER GIVEN THAT YOU ARE REQUIRED TO TEMPORARY VACATE THE SUBJECT PROPERTY ON OR BEFORE DECEMBER 15, 2015, which is over sixty (60) days from the date of service of this notice, and that YOU must temporary sun-ender possession of the subject property on or before that date to the landlord's duly authorized agent: Aleksandr A. Volkov, Esq., whose office is located at 211 Gough Street, Suite 116, San Francisco, CA 94102. Aleksandr A. Volkov can also be contacted via telephone, at ( 415) 987-7000. He is available Monday through Fliday, 9 a.m. through 5 p.m. (for meetings in person, please call in advance to schedule an appointment).
The service of this notice is made in accordance with the provisions of California Civil Code, Sections 1946, 1946.1, and California Code of Civil Procedure, Section 1162, and provides YOU with at least 60 days' notice before and in advance of the tenancy's termination.
Temporary termination of tenancy and possession of the Premises are sought in good faith and pursuant to the San Francisco Administrative Code, Chapter 37, otherwise known as "Residential Rent Stabilization and Arbitration Ordinance," Chapter 37, Section 37.9(a)(11) which states:
"(a) A landlord shall not endeavor to recover possession of a rental unit unless: ... (11) The landlord seeks in good faith to remove temporarily the unit from housing use in order to be
able to cany out capital improvements or rehabilitation work and has obtained all the necessa1y 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. The tenant will vacate the unit only for the minimum time required to do the work. On or before the date upon which notice to vacate is given, the landlord shall 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. . . . The tenant shall not be required to vacate pm·suant to this Section 3 7. 9( a)(l 1 ), for a period in excess of three months; provided, however, that such time period may be extended by the Board or its Administrative Law Judges upon application by the landlord. The Board shall adopt rules and regulations to implement the application procedure. Any landlord
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., who seeks to recover possession under this Section 37.9(a)(l 1) shall pay relocation expenses as provided in Section 37.9C .... "
6 •
A copy of the San Francisco Administrative Code, Chapter 37, Section 37.9, is attached herein as Exhibit "A" and provided simultaneously with this notice.
NOTICE IS FURTHER GIVEN THAT the applicable construction pe1mits have been issued by the San Francisco Department of Building Inspection. Copies of those permits, and the applicable rehabilitation or capital improvement plans, if such were required by the Building Inspection Department, are on file with the Central Permit Bureau of the Department of Building Inspection and aITangements for reviewing such plans can be made with the Central Permit Bureau. The Department of Building Inspection is located at: 1660 Mission St, San Francisco, CA 94103.
Copies of the obtained construction permits are attached herein as Exhibit "B" and provided simultaneously with this notice. The description of work is as follows: upgrade electrical wiring in the unit, inclucling its kitchen and bath; and also includes installing a laundry in the unit, kitchen and bathroom remodeling.
The estimated time when YOU can re-occupy the subject property is mid-March 2016.
NOTICE IS FURTHER GIVEN that YOU may have a light to relocation expenses. Pursuant to Residential Rent Stabilization and Arbitration Ordinance, Chapter 37, Section 37.9C, each autho1faed occupant of the subject property, regardless of age, who has resided in the unit for 12 or more months is an "Eligible Tenant" and shall receive $5,551.00, each. Half of the $5,551.00 payment to each occupant, $2,775.50, shall be paid at the time of the service of notice of termination of tenancy, and the remaining half of the $5,551.00 payment to each occupant, $2,775.50, shall be paid when the unit is vacated. However, in no case shall the landlord be obligated to provide more than $16,653.00 in relocation expenses, notwithstanding additional payment(s) covered immediately below. Together with service of this Notice, a cashier's check for $2,775.50 is delivered to Mr. Ben Hutchinson, to cover the required initial payment.
The payment of relocation expenses does not include YOUR security deposit, which is handled separately, and shall be retumed to YOU pursuant to California Civil Code, Section 1950.5, only in an event of YOUR permanent
·te1mination of the tenancy.
NOTICE IS FURTHER GIVEN that YOU may have a right to receive additional relocation expenses pursuant to Residential Rent Stabilization and Arbitration Ordinance, Chapter 37, Section 37.9C. Each Eligible Tenant, who is 60 years of age or older, or who is disabled within the meaning of Section 129553 of the California Government Code, and each household with at least one Eligible Tenant and at least one child under the age of 18 years, shall be entitled to receive an additional payment of $3, 701.00. Half of that payment, $1,850.50, shall be paid within fifteen (15) calendar days of the landlord's receipt of WI.itten notice from the Eligible Tenant of entitlement to the relocation payment along with supporting evidence, and $1,850.50 of which shall be paid when the Eligible Tenant vacated the premises.
NOTICE IS FURTHER GIVEN that, if YOU claim to be eligible for the additional payment of $3, 701.00 as stated above, YOU shall notify the landlord within thirty (30) days, counted from service on YOU of this notice of termination of tenancy, about YOUR claim of the eligible status. Notice to be given, together with supporting evidence, to the landlord's authorized agent Aleksandr A. Volkov, Esq., via mail or delivered in person, to agent's office, locate<l at 211 Gough Street, Suite 116, San Francisco, CA 94102. Failure by YOU to submit a statement to the landlord notifying about YOUR eligibility for additional payment within the 30-day period shall be deemed an admission that you are not eligible for an additional payment as stated above.
NOTICE IS FURTHER GIVEN that within thirty (30) days, counted from service on YOU of this notice of termination of tenancy, YOU must submit a statement, together with supporting evidence, if YOU are claiming to be a member of the class protected from eviction by Residential Rent Stabilization and Arbitration Ordinance, Chapter 37, Sections 37.9(i) or 37.9(j). Statement, together with supporting evidence, shall be submitted to the landlord's autho1ized agent Aleksandr A. Volkov, Esq., via mail or delivered in person, to agent's office, located at 211 Gough Street, Suite 116, San Francisco, CA 94102. Failure by YOU to submit, within the 30-day period, a statement to the landlord notifying about YOU allegedly being a member of the class protected from eviction by Residential Rent Stabilization and Arbitration Ordinance, Chapter 37, Sections 37.9(i) or 37.9(j) shall be deemed an admission that you are not a member of such class.
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NOTICE IS FURTHER GIVEN that the total current monthly rent for the subject property $2,100.00 and that, while YOU remain iq posses,sion of the subject property, rent remains due and payable through the end of this notice's period. YOU are still responsible for making the monthly rent payment for the month ofNovember of2015 in full, and for a pro-rated payment of $948.36 for the first 14 days of the month of December 2015. Rent is due on the 1st day of the month for which the rent is paid. Rent payments shall be continued to be made to "ZORIALL, LLC.'' The amount of rent payable for the subject tenancy will not increase upon YOUR reoccupancy by more than the limitations set forth in Part IV of the Rules of the San Francisco Residential Rent Stabilization and Arbitration Board C'BoardH or "Rent Board").
Rent payments can be made by mail or in person. Payments made in person shall be delivered to the property owner's agent between the hours of9:00 a.m. and 5:00 p.m. on the following days of the week: Monday through Fl'iday, at the above-mentioned location of Aleksandr A. Volkov's office. Please call in advance to arrange for an appointment. Acceptable methods of payment: Cashier's Check, Money Order, or Cash. Payments are due on the 1st day of the month for which they are paid, and must be received, in full, on or before the 1st day of that month.
Acceptance of rent payments after the service of this te1mination notice on YOU does not constitute a withdrawal of this notice or landlord's waiver of any claims.
NOTICE IS FURTHER GIVEN that YOU shall, as soon as practically possible, provide YOUR contact information for YOUR temporary address, during the period of displacement, to the owner of the subject property and to the Rent Board, in order that YOU may be notified regarding YOUR relocation and regarding completion of the capital improvement and rehabilitation work on the subject property. Notices to the owner of the subject prope1ty, including the notice of your temporary address during the pedod of displacement, shall be given the prope1ty owner's authorized agent Aleksandr A. Volkov, Esq., via mail or delivered in person, to agent's office, located at 211 Gough Street, Suite 116, San Francisco, CA 94102. Notices to the Rent Board shall be given to the Board's offices, located at 25 Van Ness Avenue, Suite No. 320, San Francisco, CA 94102-6033; Telephone No. 415-252-4602.
YOU HA VE A RIGHT TO REOCCUPY THE SUBJECT PROPERTY. NOTICE IS FURTHER GIVEN that, immediately on completion of the improvements, YOU will be notified about the same and will be allowed to reoccupy the subject property as soon as the improvements or rehabilitation worl{ is completed. YOU will have 30 days from receipt of the property owne1·'s offer ofreoccupancy to notify the the property owner of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the reoccupancy offer.
The following documents are attached hereto, incorporated by reference herejn, and provided simultaneously with this notice: 1) A copy of the San Francisco Administrative Code, Chapter 37, Section 37.9, including subsection 37.9(a)(ll)
[Exhibit "A"]; 2) A copy of the obtained construction permits [Exhibit "B"]; 3) A copy of the San Francisco Administrative Code, Chapter 37, Section 37.9C [Exhibit "C"]; 4) A copy of the San Francisco Residential Rent Stabilization and Arbitration Board's "Relocation Payments for Evictions
based on Owner/Relative Move-in OR Demolition/Permanent Removal ofUnit from Housing Use OR Temporary Capital Improvement Work OR Substantial Rehabilitation" notice, version dated 1/21/15 [Exhibit "D"].
Documents attached hereto as Nos. (1) and (3) have been printed from the legal publisher American Legal Publishing Corporation, and available online at am.legal.com. Document attached hereto as No. ( 4) has been printed from San Francisco Residential Rent Stabilization and Arbitration Board's website, sfrb.org, and is available online at: http://www.sfrb.org/Modules/ShowDocument.aspx?documentid= 1928.
If you fail to perfonn or otherwise comply with this notice requirements, such as to vacate on or before 60th day counted from the day of the service of this notice on you, and/or fail to make timely rent payments, the landlord will institute legal proceedings to obtain possession of the above-described premises. A separate notice regarding the applicable default will be served.
YOU ARE FURTHER NOTIFIED that advice 1·egarding this notice is available from the Residential Rent Stabilization and Arbitration Board of the City and County of San Francisco, 25 Van Ness Avenue, Suite No. 320, San Francisco, CA 94102M6033; Telephone No. 415-252-4602.
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NOTICE IS FURTHER GIVEN REGARDING INSPECTION OF THE PREMISES: Under California law, you have a right to request that the landlord, or the undersigned landlord's authorized agent, make an initial inspection of the premises to determine its condition before you vacate, and you have the·right to be present during the inspection. The purpose of the inspection is to allow you an opp01tunity to remedy identified deficiencies or damage to the premises, if any, caused by you. If you wish to have such an inspection, please contact the undersigned landlord's authorized agent as soon as possible at his office, 211 Gough Street, Suite 116, San Francisco, CA 94102, or telephone, at ( 415) 987-7000. If you request an inspection, you will be given 48 hours advance notice of the inspection, but you may waive in wiiting the required 48 hours' notice and have the inspection done sooner. YOUR security deposit will be handled pursuant to California Civil Code, Section 1950.5.
NOTICE IS FURTHER GIVEN REGARDING PERSONAL PROPERTY LEFT AT THE PREMISES: "State law permits former tenants to reclaim abandoned personal property left at the former address of the t~nant,
subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out."
Notifying any subsequent occupants of the subject property by the present notice does not change the status of such subtenants or replacement tenants, and may not be deemed as a waiver of the applicable property owner's rights or as a recharacterizatlon of such subtenants or replacement tenants as original tenants. For any persons, other than those named on the lease or previously and separately authorized by the landlord, the notice shall not be deemed. as acceptance or authorization of any Individuals mentioned in this notice as approved co-tenants, subtenants, or in any way or form authorized residents of the subject property, or as a waiver of any rights, all rights being reserved.
This notice may be deemed to be an attempt to collect a consumer debt pursuant to Federal Fair Debt Collection Practices Act or law of the state of California. We therefore advise you, that we are a debt collector attempting to collect a debt and any information obtained will be used for that purpose. If you have any questions, please call us at (415) 987-7000. You have 30 days after receipt of this notice to dispute the validity of the debt, and request that verification of the debt be sent to you.
The state Rosenthal Fair Debt Collection Practices Act and the Federal Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest, or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection practices, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.
This notice supersedes all prior notices previously served on you.
Date: LOI:Jf ts-1 I Aleksandr A. o ov, Esq.
Duly Autho zed Agent for th
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EXHIBIT «A»
San Francisco Administrative Code
CHAPTER37: RESIDENTIAL RENT STABILIZATION AND
ARBITRATION ORDINANCE
SEC. 37.9. EVICTIONS. [This cover page is provided for reference pm.poses only. The print version of Chapter 3 7, Section 3 7 .9 of the San Francisco Administrative Code begins on the next page, and consists of ten pages total, this cover page not including. Sub-section 37 .9( a)(l 1) is on page 4]
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San Francisco Administrative Code
SEC. 37.9. EVICTIONS.
Notwithstanding Section 37.3, this Section 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:
(1) The tenant:
(A) Has failed to pay the rent to which the landlord is lawfully entitled under the oral or written agreement between the tenant and landlord:
(i) Except that a tenant's nonpayment of a charge prohibited by Section 919 .1 of the Police Code shall not constitute a failure to pay rent; and
(ii) Except that, commencing August 10, 2001, to and including February 10, 2003, a landlord shall not endeavor to recover or recover possession of a rental unit for failure of a tenant to pay that portion of rent attributable to a capital improvement passthrough certified pursuant to a decision issued after April 10, 2000, where the capital improvement passthrough petition was filed prior to August 10, 2001, and a landlord shall not impose any late fee(s) upon the tenant for such non~payment of capital improvements costs; or
(B) Habitually pays the rent late; or
(C) Gives checks which are frequently returned because there are insufficient funds in the checking account; or
(2) The tenant has violated a lawful obligation or covenant of tenancy other than the obligation to surrender possession upon proper notice or other than ·an obligation to pay a charge prohibited by Police Code Section 919.1, and failure to cure such violation after having received written notice thereof from the landlord. '
(A) Provided that notwithstanding any lease provision to the contrary, a landlord shall not endeavor to recover possession of a rental unit as a result of subletting of the rental unit by the tenant if the landlord has unreasonably withheld the right to sublet following a written request by
. the tenant, so long as the tenant continues to reside in the rental unit and the sublet constitutes a one-for-one replacement of the departing tenant(s)_. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant's written reques~ the tenant's request shall be deemed approved by the landlord.
(B) Provided :further that where a rental agreement or lease provisic;m limits the number of occupants or limits or prohibits subletting or assignment, a landlord shall not endeavor to recover possession of a rental unit as a result of the addition to the unit of a tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.1.through 62.8) of such relatives, or as a result of the addition
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of the spouse or domestic partner of a tenant, so long as the maximum number of occupants stated in Section 37 .9(a)(2)(B)(i) and (ii) is not exceeded, if the landlord has unreasonably refused a written request by the tenant to add such occupant(s) to the unit. If the landlord fails to respond to the tenant in writing within fourteen (14) days ofreceipt of the tenant's written request, the tenant's request shall be deemed approved by the landlord. A landlord's reasonable refusal of the tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the rent to the landlord. A landlord's reasonabl~ refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a unit exceeds (or with the proposed additional occupant(s) would exceed) the lesser of (i) or (ii):
(i) Two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit; or
(ii) The maximum number pennitted in the unit under state law and/or other local codes such as the Building, Fire, Housing and Planning Codes; or
(3) The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in writing as required by Section 37.9(c); or
(4) The tenant is using or permitting a rental unit to be used for any illegal purpose, provided however that a landlord shall not endeavor to recover possession of a rental unit solely as a result of a first violation of Chapter 414 that has been cured within 30 days written notice to the tenant; or
(5) The tenant, who had an oral or written agreement with the landlord which has terminated, has refused after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration and under such terms which are materially the same as in the previous agreement; provided, that ·such terms do not conflict with any of the provisions of this Chapter; or
(6) The tenant has, after written notice to cease. refused the landlord access to the rental unit as required by State or local law; or
(7) The tenant holding at the end of the term of the oral or written agreement is a subtenant not approved by the landlord; or
(8) The landlord seeks to recover possession in good faith, without ulterior reasons and with honest intent:
(i) For the landlord's use or occupancy as his or her principal residence for a period of at .,, , least 36 continuous months;
(ii) For the use or occupancy of the landlord's grandparents, grandchildren, parents, children, brother or sister, or the landlord's spouse, or the spouses of such relations, as their principal place ofresidency for a period of at least 36 months, in the same building in which the
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landlord resides as his or her principal place of residency, or in a building in which the landlord is simultaneously seeking possessiqn of a rental unit under Section 3 7 .9(a)(8)(i). For purposes of this Section37.9(a)(8)(ii), the term spouse shall include domestic partners as defined in San Francisco Administrative Code Sections 62.1 through 62.8.
(iii) For purposes of this Section 37.9(a)(8) only, as to landlords who become owners of record of the rental unit on or before February 21, 1991, the term "landlord" shall be defined as an owner of record of at least IO percent interest in the property or, for Section 37.9(a)(8)(i) only, two individuals registered as domestic partners as defined in San Francisco Administrative Code Sections 62.1 through 62.8 whose combined ownership ofrecord is at least 10 percent. For purposes of this Section 37 .9(a)(8) only, as to landlords who become owners of record of the rental unit after February 21, 1991, the term "landlord" shall be defined as an owner of record of at least25 percent interest in the property or, for Section 37.9(a)(8)(i) only, two individuals registered as domestic partners as defined in San Francisco Administrative Code Sections 62.1 through 62.8 whose combined ownership of record is at least 25 percent.
(iv) A landlord may not recover possession under this Section 37 .9( a)(8) if a comparable unit owned by the landlord is already vacant and is available, or if such a unit becomes vacant and available before the recovery of possession of the unit. If a comparable unit does become vacant and available before the recovery of possession, the landlord shall rescind the notice to vacate and dismiss any action filed to recover possession of the premises. Provided further, if a noncomparable unit becomes available before the recovery of possession, the landlord shall offer that unit to the tenant at a rent based on the rent that the tenant is paying, with upward or downward adjustments allowed based upon the condition, size, and other amenities of the replacement unit. Disputes concerning the initial rent for the replacement unit shall be determined by the Rent' Board. It shall be evidence of a lack of good faith if a landlord times the service of the notice, or the filing of an action to recover possession, so as to avoid mo"Ving into a comparable unit, or to avoid offering a tenant a replacement unit.
(v) It shall be rebuttably presumed that the landlord has not acted in good faith if the landlord or relative for whom the tenant was evicted does not move into the rental unit within three months and occupy said unit as that person's principal residence for a minimum of 36 continuous months.
(vi) Once a landlord has successfully recovered possession of a rental unit pursuant to Section 37.9(a)(8)(i), then no other current or future landlords may recover possession of any other rental unit in the building under Section 37.9(a)(8)(i). It is the intention of this Section that only one specific unit per building may be used for such occupancy under Section 37.9(a)(8)(i) and that once a unit is used for such occupancy, all future occupancies under Section 37.9(a) (8)(i) must be of that same unit, provided that a landlord may file a petition with the Rent Board, or at the landlord's option, commence eviction proceedings, claiming that disability or other similar hardship prevents him or her from occupying a unit which was previously occupied by the landlord.
(vii) If any provision or clause of this amendment to Section 37.9( a)(8) or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions, and
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clauses of this Chapter are held to be severable; or
(9) The landlord seeks to recover possession in good faith in order to sell the unit in accordance with a condominium conversion approved under the San Francisco subdivision ordinance and does so without ulterior reasons and with honest intent; or
(10) The landlord seeks to recover possession in good faith in order to demolish or to otherwise permanently remove the rental unit 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 landlord who seeks to recover possession under this Section 37.9(a)(IO) shall pay relocation expenses as provided in Section 37.9C except that a landlord who seeks to demolish an unreinforced masonry building pursuant to Building CodeChapters 16B and 16C must provide the tenant with the relocation assistance specified in Section 37.9A(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 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. The tenant will vacate the unit only for the minimum time required to do the work. On or before the date upon which notice to vacate is given, the landlord shall advise the tenant in writing that the rehabilitation or capital improvement plans are on file with the Central Permit Buteau of the Department of Building Inspection and that arrangements for reviewing such plans can be made with the Central Permit Bureau. In addition to the above, no landlord shall endeavor to recover possession of any unit subject to a RAP loan as set forth in Section 37.2(m) of this Chapter except as provided in Section 32.69 of the San Francisco Administl'ative Code. The tenant shall not be required to vacate pursuant to this Section 37.9(a)(ll), for a period in excess of three months; provided, however, that such time period may be extended by the Board or its Administrative Law Judges upon application by the landlord. The Board shall adopt rules and regulations to implement the application procedure. Any landlord who seeks to recover possession under this Section 37.9(a)(ll) shall pay relocation expenses as provided in Section 37.9C or
(12) The landlord seeks to recover possession in good faith in order to carry out substantial rehabilitation, as defined in Section 37.2(s), 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 Notwithstanding the above, no landlord shall endeavor to recover possession of any unit subject to a RAP loan as set forth in Section 37.2(m) of this Chapter except as provided in Section 32.69 of the San Francisco Administrative Code; Any landlord who seeks to recover possession under this Section 37.9(a)(l2) shall pay relocation expenses as provided in Section 37.9C; or ,. ..
(13) The landlord wishes to withdraw from rent or lease all rental units within any detached physical structure and, in addition, in the case of any detached physical structure containing three or fewer rental units, any other rental units on the same lot, and complies in full with Section 37.9A with respect to each such unit; provided, however, that guestrooms or efficiency units
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within a residential hotel, as defined in Section 50519 of the Health and Safety Code, may not be withdrawn from rent or lease if the residential hotel has a permit of occupancy issued prior to January 1, 1990, and if the residential hotel did not send a notice ofintent to withdraw the units from rent or lease (Administrative Code Section 37.9A(t), Government Code Section 7060.4{a)) that was delivered to the Rent Board prior to January 1, 2004; or
(14) The landlord seeks in good faith to temporarily recover possession of the unit solely for the purpose of effecting lead remediation or abatement work, as required by San Francisco Health Code Articles 11 or 26. The tenant will vacate the unit only for the minimum time required to do the work. The relocation rights and remedies, established by San Francisco Administrative Code Chapter 72, including but not limited to, the payment of financial relocation assistance, shall apply to evictions under this Section 37.9(a)(l4).
(15) The landlord seeks to recover possession in good faith in order to demolish or to otherwise permanently remove the rental unit from housing use in accordance with the terms of a development agreement entered into by the City under Chapter 56 of the San Francisco Administrative Code.
(16) The tenant's Good Samaritan Status (Section 37.2(a)(l)(D)) has expired, and the landlord exercises the right to recover possession by serving a notice of termination of tenancy under this Section 37.9(a)(16) within 60 days after expiration of the Original and any Extended Good Samaritan Status Period.
(b) A landlord who resides in the same rental unit with his or her tenant may evict said tenant without just cause as required under Section 37.9(a) above.
( c) 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 the landlord's dominant motive for recovering possession and unless the landlord informs the tenant in writing on or before the date upon which notice to vacate is given of the grounds under which possession is sought and that advice regarding the notice to vacate is available from the Residential Rent Stabilization and Arbitration Board, before endeavoring to recover possession. A copy of aU notices to vacate except three~day notices to vacate or pay rent 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. The District Attorney shall determine whether the units set forth ·on the list compiled in accordance with Section 37.6(k) are still being occupied by the tenant who succeeded the tenant upon whom the notice was served. In cases where the District Attorney determines that Section 37.9(a)(8) has been violated, the District Attorney shall take whatever action he deems appropriate under this Chapter or under State law.
( d) No landlord may cause a tenant to quit involuntarily or threaten to bring any action to recover possession, or decrease any services, or increase the rent, or take any other action where "' ' the landlord's dominant motive is retaliation for the tenant's exercise of any rights under the law. Such retaliation shall be a defense to any action to recover possession. ln an action to recover possession of a rental unit, proof of the exercise by the tenant of rights under the law within six months prior to the alleged act of retaliation shall create a rebuttable presumption that the
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landlord's act was retaliatory.
( e) It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Section 37.9(a) and (b). Any person endeavoring to recover possession of a rental unit from a tenant or evicting a tenant in a manner not provided for in Section 37.9(a) or (b) without having a substantial basis in fact for the eviction as provided for in Section 37.9(a) shall be guilty of a misdemeanor and shall be subject, upon conviction, to the fines and penalties set forth in Section 37. lOA. Any waiver by a tenant of rights under this Chapter except as provided in Section 37.IOA(g), shall be void as contrary to public policy.
(f) Whenever a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Sections 37.9 and/or 37.10 as enacted herein, the tenant or Board may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages, (including damages for mental or emotional distress), and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of Section 37 .9 or 37.1 OA herein. The prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court. The remedy available under this Section 37 .9(f) shall be in addition to any other existing remedies which may be available to the tenant or the Board.
(g) The provisions of this Section 37.9 shall apply to any rental unit as defined in Sections 37.2(r)(4)(A) and 37.2(r)(4)(B), including where a notice to vacate/quit any such rental unit has been served as of the effective date of this Ordinance No. 250-98 but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of this Ordinance No. 250-98.
(h) With respect to rental units occupied by recipients of tenant-based rental assistance, the notice requirements of this Section 37.9 shall be required in addition to any notice required as part of the tenant-based rental assistance program, including but not limited to the notice required under 24 CFR Section 982.310(e)(2)(ii).
(i) The following additional provisions shall apply to a landlord who seeks to recover a rental unit by utilizing the grounds enumerfi:ted in Section 37.9(a)(8):
(1) A landlord may not recover possession of a unit from a tenant under Section 37.9(a)(8) if the landlord has or receives notice, any time before recovery of possession, that any tenant in the rental unit:
(A) Is 60 years of age or older and has been residing in the unit for 10 years or more; or
(B) Is disabled within the meaning of Section 37.9(i)(l)(B)(i) and has been residing in the unit for 10 years or more, or is catastrophically ill within the meaning of Section 3 7 .9(i)(l )(B)(ii) arid has been residing in the unit for five years or more:
(i) A "disabled" tenant is defined for purposes of this Section 37.9(i)(l)(B) as a person who is disabled or blind within the meaning of the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP), and who is determined by SSI/SSP to
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qualify for that program or who satisfies such requirements through any other method of determination as approved by the Rent Board;
(ii) A "catastrophically ill" tenant is defined for purposes of this Section 37.9{i)(l)(B) as a person who is disabled as defined by Section 37.9(i)(l)(B)(i), and who is suffering from a life threatening illness as certified by his or her primruy care physician.
(2) The foregoing provisions of Sections 37.9(i)(l )(A) and (B) shall not apply where there is only one rental unit owned by the landlord in the building, or where each of the rental units owned by the landlord in the same building where the landlord resides (except the unit actually occupied by the landlord) is occupied by a tenant otherwise protected from eviction by Sections 37.9(i)(l)(A) or (B) and where the ll}lldlord's qualified relative who will move into the unit pursuant to Section 37.9(a)(8) is 60 years of age or older.
(3) The provisions established by this Section 37.9(i) include, but are not limited to, any rental unit where a notice to vacate/quit has been served as Of the date this amendment takes effect but where the rental unit has not yet been vacated or an unlawful detainer judgment has not been issued.
(4) 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 Section 37.9(a)(8), the tenant must submit a statement, with supporting evidence, to the landlord if the tenant claims to be a member of one of the classes protected by Section 37 .9(i). The 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 by Section 37 .9(i). The landlord shall :file a copy of the 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 by Section 37.9(i). 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 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.
(5) This Section 37.9(i) is severable from all other sections and shall be of no force or effect if any temporary moratorium on owner/relative evictions adopted by the Board of Supervisors after June 1, 1998 and before October 31, 1998 has been invalidated by the courts in a final deCision.
G) The following additional provision shall apply to a landlord who seeks to recover a rental unit by utilizing the grounds enumerated in Section 37.9(a)(8):
(1) It shall be a defense to an eviction under Section 37.9(a)(8) if any tenant in the rental unit has a custodial or family relationship with a child under the age of 18 who is residing in the unit, the tenant with the custodial or family relationship 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. The term 11school yeat" as used in this Section 37.9G) means the first day of instruction for the Fall Semester through the last day of instruction for the Spring Semester, as posted on the San
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Francisco Unified School District website for each year.
(2) The foregoing provision Section 37.9(j)(l) shall not apply where there is only one rental unit owned by the landlord in the building, or where the owner who wiil move into the unit pursuant to a Section 37.9(a)(8) eviction has a custodial or family relationship with a child under the age of 18 who will reside in the unit with the owner.
(3) Within 30 days of personal service by the landlord of a written request, or, at the landlord's option, a notice of tennination of tenancy \Ulder Section 37 .9( a)(8), 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 37.9(j). 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 37.9(j). 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 .9G). 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 under Section 37.9(e) or (f) shall he imposed upon a landlord for either requesting or challenging a tenant's claim of protected status.
(4) For purposes of this Section 37.9(j), the term "custodial relationship" means that the person is a legal guardian of the child, or has a court-recognized caregiver authorization affidavit for the child, or that the person has provided full-time custodial care of the child pursuant to an agreement with the child's legal guardian or court"recognized caregiver and has been providing that care for at least one year or half of the child's lifetime, whichever is less. The te1m 11family relationship" means that the person is the parent, grandparent, brother, sister, aunt or uncle of the child, or the spouse or domestic partner of such relations.
(k) Disclosure of Rights to Tenants Before and After Sale of Rental Units Subject to Section 37.9.
(1) Disclosure to Tenants By Seller of the Property. Before property containing rental units subject to Section 37.9 may be sold, the owner/seller shall disclose to tenants of the property the rights of tenants during and after the sale of the property. This disclosure shall be in writing and shall include:
(A) A statement in bold type of at least 12 points that tenants can not be evicted or asked to move solely because a property is being sold or solely because a new owner has purchased that property.
(B) A statement in bold type of at least 12 points that tenants cannot have their rent increased above that permitted by Chapter 37 solely because a property is being sold or solely because a new owner has purchased that property.
(C) A statement in bold type of at least 12 points that the rental agreements of tenants
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cannot be materially changed solely because a property is being sold or solely because a new owner has purchased that property.
(D) A statement that the owner's right to show units to prospective buyers is governed by California Civil Code section 1954, including a statement that tenants must receive notice as provided by Section 1954, and a statement that a showing must be conducted during normal business hours unless the tenant consents to an entry at another time.
(E) A statement that tenants are not required to complete or sign any estoppel certificates or estoppel agreements, except as required by law or by that tenant's rental agreement. The statement shall further inform tenants that tenant rights may be affected by an estoppel certificate or agreement and that the tenants should seek legal advice before completing or signing an estoppel ceitificate or agreement.
(F) A statement that information on these and other tenant's rights are available at the San Francisco Rent Board, 25 Van Ness Ave, San Francisco, California, and at the counseling telephone nwnber of the Rent Boarq and at its web site.
(2) Disclosure to Tenants by Purchaser of the Property. Within 30 days of acquiring title to rental units subject to Section 37.9, the new purchaser/owner shall disclose to tenants of the property the rights of tenants following this sale of the property. This disclosure shall be in writing and shall include:
(A) A .statement in bold type of at least 12 points that tenants cannot be evicted or asked to move solely because a new owner has purchased that property.
(B) A statement in bold type of at least 12 points that tenants cannot have their rent increased above that permitted by Chapter 3 7 solely because a new owner has purchased that property.
(C) A statement in bold type of at least 12 points that the rental agreements of tenants cannot be materially changed solely because a new owner has purchased that property.
(D) A statement in bold type of at least 12 points that any tenants, sub-tenants or roommates who were lawful occupants at the time of the sale remain lawful occupants.
(E) A statement in bold type of at least 12 points: that tenants' housing services as defined in Section 3 7 .2(r) first paragraph cannot be changed or severed from the tenancy solely because a new owner has purchased that property; and that tenants' housing services as defined in Section 37 .2(r) second paragraph that were supplied in connection with the use or occupancy of a unit at the time of sale (such as laundcy rooms, decks, or storage space) cannot be severed from the tenancy by the new purchaser/owner without just cause as required by Section 37.9(a).
(l) Hearings on Alleged Wrongful Endeavor To Recover Possession Through Tenant Harassment.
(1) Upon receipt of a tenant report alleging wrongful endeavor to recover possession of the tenant's unit through harassment, the Board through its Executive Director shall send a notice acknowledging receipt of the report and summarizing the rights and responsibilities oflandlords
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and tenants regarding possession of, and eviction from, residential rental units. Upon consideration of such report, the Ex_ecutive Director may schedule an investigative hearing on the allegations before a Board Administrative Law Judge, where both the tenant and the landlord may appear and make oral and/or written presentations, including presentation of other witnesses. Following such hearing, the Administrative Law Judge shall provide the Board with a summary of evidence produced at the hearing.
(2) Upon review of the evidence, the Board shall consider whether to undertake any further proceedings such as, but not limited to, civil litigation pursuant to Section 37.9(i), or referral to the District Attorney (see Section 37.9(e)).
(3) For purposes of this Subsection 37.9(1), harassment includes but is not limited to the types of harassment defmed in Section 37. lOB(a)(l)-(6) and (8)-(14).
(m) Implementation of California Civil Code Section 1947.9(a)(l){A). Notwithstanding any other provision of Administrative Code Chapter 37, and consistent with California Civil Code Section 1947.9, the daily compensation payment specified in Civil Code Section 1947.9(a) (1 )(A) for a tenant household temporarily displaced for less than 20 days, shall increase annually, rounded to the nearest doJlar, at the rate of increase in the "rent of primary residence" expenditure category of the Consumer Price Index (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose Region for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the Board, This increase shall be calculated as of March 1 each year, commencing March 1, 2014.
(Amended by Ord. 7-87, App. 1/15/87; Ord. 30-91, App. 1/22191; Ord. 192-91, App. 5/31/91; Ord. 221-92, App. 7/14/92; Ord, 405-96, App. 10/21/96; Ord. 482-97, App. 12/30/97; Ord. 239-98, App. 7/17/98; Ord. 250-98, App. 7/31/98; Ord. 293-98, App. I0/2/98; Proposition G, 11/3/98; Ord. 237-99, File No. 990168, Eff. 8/30/99; Ord. 347-99, File No. 992197, App. 12/30/99; Ord. 348-99, File No. 991265, App. 12/30/99; Ord. 135-01, File No. 010526, App. 7/6/2001; Ord. 186-01, File No. 011497, App. 7/28/2001; Ord. 23-02, File No. 020153, App. 2/22/2002; Ord. 57-02, File No. 011575, App. 5/3/2002; Ord. 99-04, File No. 031992, App. 6/4/2004; Ord. 282-04, File No. 030667, App. 12/1/2004; Ord. 21-05, File No. 041151, App. 1/21/2005; Proposition H, App. 1117/2006; Ord. 92-07, File No. 061217, App. 4/2712007; Ord. 33-08, File No. 071522, App. 3117/2008; Ord. 28-09, File No. 080822, App. 2120/2009; Ord. 33-10, File No. 090835, App. 2111/2010; Ord. 72-11, File No. 110153, App. 4/27/2011,Eff. 5/27/2011; Ord. 1-14, File No. 131060, App. 1/14/2014, Eff. 2/13/2014; Ord. 44-14. File No. 140035, App. 4/18/2014, Eff. 5/18/2014; Ord. 218-14, File No. 140381, App. 10/2712014, Eff. 11/26/2014, Oper. 211/2015)
EXHIBIT «B»
. City and County of San Francisco Department of Building Inspection
Edwin M. Lee, Mayor Tom C. Hui, S.E., C.B.O., Director
ELECTRICAL PERMIT PERMIT# E201509241761 Permit Issued By: CVICTORI
CUSTOMER COPY Permit Issued date: 0912412015 11 :30:41 AM Printed on: 09124/2015 11:31 :13 AM
Job Address Block/Lot/Structure Nurr Unit District 73 HILL ST 3617/036/1 ~
75 HILL ST 3617/036/1 8
Occupancy Residential Floor/Suite Valuation $0.00
Owner Name Phone Phone2 Homeowner permit approved by
ZORIALL LLC (415)691-1264
Contractor Company Name License Class License Exp Date Business Uc#
JOSEPH STUART SYKES 967147 C10 81 30-SEP-16 0481947
Address City State Zip Code Office Phone# Mobile Phone# 1624 POPLAR DRIVE WALNUT CREEK CA 94595-0000 (415)691-1264 (925)705-0064
Applicant/Occupant Name Phone
( ) -
EID Use Only: BUiiding Appln. No: Plumbing permit No:
. APPLICANT'S DESCRIPTION OF WORK:
73A & 75 HILL STREET: ADDRESS CORRECTION FOR EW20150922483.
INSPECTOR'S COMMENT:
Fees Fee TvnA Date Paid Recelot Amount Fee Tvoe Date Paid Receiot Amount
TECH_SRCH 24-SEP-15 234770 $0.96 PERM 24-SEP-15 234770 $48.00 I Surcharge $0.00 Total Fees $48.96 Total Paid $48.96 Balance due $0.00
Inspection Activity Description Activity Code
Activity Date Inspector Code Description Inspection Record
Electrical Inspection Division 1660 Mission Street- San Francisco CA 94103
Office (415) 558-6570" FAX (415) 558-6397 -www.sfgov.org/dbl
Page 1of1
.
~city anti County of San Francisco Department of Bulldf ng lnspe_ctfon
Permit Issued By: WEBSITE
CUSTOMER COPY
Job Address 69 HILL ST
Occupancy Residential
Owner Name
ZORIALLLLC
Floor/Suite
Edwin M. Lee, Mayor Tom c. Hui, S.E., C.B.O., Dlrec~or
ELECTRICAL PERMIT PERMIT# EW20150922483
Permit Issued date: 0912212015 04:34:05 PM
Printed on: 10/13/201512!55:49 PM
Block/Lot/Stru.cture Nun Unit District 3617/036/1 8
1 Valuatlori $4,000.00
Phone Phone2 Homeowner permit approved by
(323)244-9178
Contractor Company Name License Class License Exp Date Business Uc#
JOSEPH STUART SYKES . 967147 C10 81 30-SEP-16 0481947
Address City State Zip Code Office Phone# Mobile Phone# 1624 POPLAR DRIVE WALNUT CREEK CA 94595-0000 . (415)691-1264 (925) 705-0064
Applicant/Occupant Name Phone
( ) -
EID Use Only: BulldJng Appln. No: Plumbing permit No:
APPLICANT'S DESCRIPTION OF WORK:
rewiring unit to accommodate new washer I dryer and re-wiring unit and kitchen for all appliances.
INSPECTOR'S COMMENT:
Fees Fee Tvoa Date Paid Receipt Amount Fae Tvoo Data Paid Race/pt Amount
RES;_OUTL 22-SEP-15 234637 $279.00 I TECH_SRCH 22-SEP-15 234637 $5.58
BLDG_REV_FEE 22-SEP-15 234637 $1.00
Surcharge $0.00 Total Fees $285.58 _ Total Paid $285.58 Balance due $0.00
Inspection Activity Description Activity Code
!Activity D~te inspector Code Description lnspectlpn Record
.
Electrical Inspection Division 1660 Mission Street· San Francisco CA 94103
Office (415) 558-6570 - FAX (415) 558-6397 - www.sfgov.org/dbl
Page 1of1
.
O> CD
:x -r-r-~
Job Location 71
75
ZORIALL LLC
RENEWAL
HIU HILL
BLDG APPL# 201504305033
ST
ST
AMENDMENT Unit Unltsfx·
UnH Unit sfx
EID PMT#
I 036 "036
District 9
owner Name owner Address 71 73 HILL ST
Owner/Contact SAN FRANCISCO CA Owner Phone
. I hefllbr allrm thall am licensed underproW&i>ns Of'Chaplef 9 (Colmleacklg wlUJSac. 7000J Of Division 3 of the lluslne&s and Professlolls coda, and my lcensa Is In Ml liln:e l!lld etrei;t
~Q~~'§f.~~~~\(;j;:;~~},{1?~l~y¥k~Z{{ffi.~~:;t~~~J::\ij:!if!:::f¥;it·.i.''':·sj'.~l::FiHOMEOWNER PERMIT: Approving Inspector:
Company Name License # Class Expiration S P PLUMBING 858134 C36 04130/2017 Address City State 734 BAY ST SAN FRANCISCO CA
UNITS 75 & 73A:. INSTALL LAUNDRY EACH UNIT. UNITS 71 & 73: EACH UNIT: KITCHEN& BATHROOM REMODELING.
BTRC# 0381098 Zip 94109-0000 Phone 4159631745
't::ffiC:~X~t;:> MAX INSPECTIONS AVAILABLE r!:-"~...!\.1.i. ... 3 3 VALUATION 0.00 BLDG STDS ADMIN FUND
NUMBER OF ADDITIONAL INSPECTIONS
NUMBER OF PLAN REVl~W HOURS: NUMBER OF ADMIN HOURS:
O@ O@
O@
0.00/1 EA 0.00/ 1 EA. 0.00/ 1 EA.
0.00 SURVEY: 0.00 MISCELLANEOUS: 0.00 FIRE SPRINKLER:
SINGLE RESIDENTIAL UNIT: 0.00 FIRE SPRINKLER (NEW/REMODEL):
PLUMBING INSTALLATION (WITHOUT) 3 UNITS 255.00 PLUMBING INSTALLATION (WITH): 0 UNITS 0.00 Web fee: 0.00
RESTAURANT (NEW/REMODEL): .
Penalty 0.00
NEW BOILER INSTALLATION: · O@ 0.00/1 EA. 0.00
o@
0 0.00/ 1 EA. OUTLETS
Tech surcharge (2%)
...,i 01 :I: -r r C/J -I
0.00
0.00 0.00 0.00
0.00 0.00
5.10
dF{ICE, MERCAND RETAIL BUILDING: 0@· 0.00/1 EA. 0.00 TOTAL PERMIT FEE: 260.10
ni'I Ml"'IT ·~IDITC n,,., 1"'11"' TI.llSJ..IWE. EQg OEEICIAL I ISE Obi' v
Date lnltlals Remarks
•,
..
-NOTICE TO APPUCANT HOlDlfARMUSS CLAUSEi The pennlttea(s) by acceptance orttie l!etmlt.. agree(•) to lpdemnlfy and hold hannless the City and cOunty Of san Francisco fiom and agalllrtanyanci all dalot15, demamrs and actions for damages resulting from operations under this peimlt, reprdless of negligence of the Qty and county or 5an Fr.indsco, and to llSSlllll4 the defense of the City and county of San F,.,,nclsco against all such dalms, demands oractlons. · In canronnltV with the provisions Of Sec!lon 3800 of th• Labor Code of the state of callfornla, the appllaint shall have coverage under (J), or (It) designated beloW or shall lndlate llenl (ill), er (IV), or (V), whichever Is •ppllcab(e, Jf however Item (V) Is checked Item (IV) must ba chocked as welL Mark the appropriate method of compliance bdow1
L I have ~nd wlll maintain a celtlllabo of consent to selr·lnsure fer W<>tkenl' compensation, as provided by Sactlon 3700 or the Labor Code for the parfotmance of the work for which this pennlt Is Issued.
m I have and Will naalntaln workent compensation Insurance, u requited by Section 3700 of the Labor Codo, for the petfonnance of the wotk for which this pennlt Is Issued. My worken' compensation Insurance earner and policy number are:
Omler: Polk;y Number: m, The cost of the worlc to be done Is $1.0Q or less.
X JV, I certify th•t In the paffonnance of the work for which this pennlt ls Issued, l shell not employ any P'J'S011 In any manner so as to become subject to the workers' compensaUon laws of O!llfornla. I further &cknowll!dge that l undersblnd that In th• ev111t tlultl should beci:lme5ubject to the worl!ets' compensation provisions of the labor COde of ~llforttla and fall to mmply forthwith with the provisions of Section 3800 of,.the labor Code, tbJot the permit herein appUed for shall be deemed revoked. · ,. V, l cmtlfy as tha owner (or !ha agent for the ownu) that In tho pedotinance of the worl< for whlcb this pennlt Is Issued, I will employ a contractor who complies with the workO?S' compensation la~ of Callfom!• and Who, prior to thm commencement of any wotlr, wilt Ille a completed copy ofthls fonn with tha Central Pennlt Butsu.
PlEASE MAKI! C11ECK PAYABLE TOI DEPARTMENT OF BUIUIING lNSPfCllON 1660 MISSION STRl!ET SAN FRANaSto, ~ 94103
Plumbing Inspector's signatures: Rough In: ____________________________________________________ ~
Final: ______________________________ _
faHd For Issuance: Approved Date: 09/21/2015 03:37:26 PM
Chief Plumbing Inspector:
Date: _____________ _
Date: _______________________ ~
CUSTOMER COPY
Issued by: CVICTORI
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EXHIBIT «C»
San Francisco Administrative Code
CHAPTER37: RESIDENTIAL RENT STABILIZATION AND
ARBITRATION ORDINANCE
SEC. 37.9C. TENANTS RIGHTS TO RELOCATION FOR NO-FAULT EVICTIONS.
[This cover page is provided for reference puzposes only. The print version of Chapter 37, Section 37.9C of the San Francisco Administrative Code begins on the next page, and consists of two pages total, this ~ver page not including.]
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San Francisco Administrative Code
SEC. 37.9C. TENANTS RIGHTS TO RELOCATION FOR NO-FAULT EVICTIONS.
(a) Definitions,
(1) Covered No-Fault Eviction Notice, For purposes of this section 37.9C, a Covered No-Fault Evfotion Notice shall mean a notice to quit based upon Section 37 .9(a)(8), (10), (11), or (12).
(2) Eligible Tenant; For purposes of this section 37.9C, an Eligible Tenant shall mean any authorized occupant of a rental unit, regardless of age, who has resided in the unit for 12 or more months.
(b) Each Eligible Tenant who receives a Covered No-Fault Eviction Notice, in addition to all rights under any other provision oflaw, shall be entitled to receive relocation expenses from the landlord, in the amounts specified in section 37.9C(e).
( c) On or before the date of service of a Covered No-Fault Eviction Notice, the landlord shall notify all occupant(s) in the unit in writing of the right to receive payment under this section 37.9C and the amount of that relocation and shall provide a copy of section 37.9C. Such notification shall include a statement describing the additional relocation expenses available for Eligible Tenants who are senior or disabled and for households with children. The landlord shall file a copy of this notification with the Rent Board within 10 days after service of the notice, together with a copy of the notice to vac11te and proof of service upon the tenant.
(d) A landlord who pays relocation expenses as required by this Section in conjunction with a notice to quit need not pay relocation expenses with auy further notices to quit based upon the same just cause under Section 37.9(a) for the same unit that are served within 180 days of the notice that included the required relocation payment. The relocation expenses continued herein are separate ftom. any secudty or other refundable deposits as defmed in California Code Section 1950.S. Further, payment or acceptance ofrelocation expenses shalJ not operate as a waiver of any rights a tenant may have under law.
( e) Relocation expenses shall be:
(1) Each Eligible Tenant receiving a Covered No-Fault Eviction Notice shall receive $4,500.00, $2,250.00 of which shaU be paid at he time of the service of the notice to quit, and $2,250.00 of which shall be paid when the unit is vacated. In no case, however, shall the Jandlord be obligated under this section 3?.9C(e)(I) to provide more than $13,500.00 in relocation expenses to aJI Eligib]e Tenants in the same unit.
(2) In addition, each Eligible Tenant who is 60 years of age or older or who is disabled within the meaning of Section 12955.3 of the California Government Code, and each household with at least one Eligible Tenant and at last one child under the age of 18 years, shall be entitled
' CHAPTER 37: RESIDENTIAL RENT STABlLIZATlON AN ... http://www.amlegal.com/alpscripls/get-content ,aspx
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to receive an additional payment of$3,000.00. $1,500.00 of which shall be paid within fifteen (15) calendar days of the landlord's receipt of written notice .from the Eligible Tenant of entitlement to the reJocatio:npayment aJong with supporting evidence, and $1,500.00 of which shall be paid when the Eligible tenant vacated the unit. Within 30 days after notification to the landlord· of a claim of entitlement to additional relocation expenses because of disability, age, or having children in the household, the l1Jndlord shall give Written notice t.o the Rent Board of the Claim for additional t!'!location assistance and whether or not the landlord disputes the claim,
(3) Commencing March 1, 2007, these relocation expenses, including the maximum relocation expenses per unit, shall increase annuaHy, rounded to the nearest dol1ar, at the rate of increase in the "rent of primary residence" expenditure category of the Consumer Price lndex (CPI) for All Urban Consumers in the San Francisco-Oakland-San Jose Region for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the Board.
{Added by ProjlOsition H, App. 1 ln/2006)
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City"and County of San Francisco Residential Rent Stabilization and Arbitration Board
Relocation Payments for Evictions based on Owner/Relative Move-in OR Demolltion/Permanent Removal of Unit from Housing Use OR Temporary Capital Improvement Work OR Substantial Rehabilitation*
PLUS Date of Service of Notice of Relocation Amount Due Per Maximum Relocation Amount Additional :4mount Due for
Termination of Tenancy Tenant Due Per Unit Each Elderly (60 years or {"Eviction Notice") older) or Disabled Tenant or
Household with Minor Childlrenl
3/01/14- 2/28/15 $5,261.00 $15,783.00 $3,508.00 3/01/15- 2129/16 $5,551.00 $16,653.00 $3,701.00
*See Ordinance Section 37.9C for additional relocation mquiremenls for evictions under 37.9(a}(8) (owner/relafiVe move.Jn), 37.9(a)(10) {demolitionlpennanant removal from housing use), 37.9{a)(11) ~ampwaiyeviction forcapHsl Improvement work) and 37.9{a)(12) (substantial rehabllitalion). {However, effective 111113, /he amount of relocation paymants for temporary cepHsf Improvement evictions under 31.9(a)(11) for less than 20 days Is governed by California Civil Code Section 1947.9 and not by Rent Ordinance Section 37.9C.J
Pagos de traslado por desaloJo debldos a mudanza del propietarlo/parlente 0 por demollcl6n/ellmlnaci6n deflnitiva del uso de la unidad como vivienda O trabaJos temporales de mejora de capita I 0 rehabilltacl6n substanclal*
ADICIONAL Fecha del serviclo de entrega Monto de traslado Monto de traslado maximo Monfo adiclonal
del avlso de desalojo correspondlente por correspondlente por unidad correspondiente por cada inquillno persona mayor de edad (60
aftos o mas) o inquilino dlscapacltado o familia con
nll'ios menores
3/01/14- 2/28/15 $5,261.00 $15,783.00 $3,508.00 3/01/15- 2/29/16 $5,551.00 $16,653.00 $3,701.00
'Ver la Secc/On 37.9C de fa Ordenanzs para requisltos adicionaies de traslaclo por desalojo seglin 37.9{a (8) (mudanza de/ dueilolpariente), 37.9(a)(10) (demollcl6nlellminaci6n detinflfva def uso de la un/dad coma vlvienda), 37.9{a)(11) (trabajos temporatios de mejora de capitaQ y 37. 9(a}(12} (rehabllitac/On substanclal). [Sin embargo, efectivo 111113, la cantlded def pa go de traslado para fas desa/ojos temporales de mejora de capllal bajo la Secci6n 37.9{a){11) por menos de 20 dlas esta gobemado por Is SecclOn de/ C6dlgo ClvH da Ca/llornla 1947.9 y no por la Secci6n 37.9C de /a Orr.fenanza.]
?tr w ~•llililmma<iaJm 4i1Il:OJ~.!M#a<Jittil• 4i11Mlt!1.ii.!M~a<Jiitifliitl 4i«L~~ (60 jt~~J:)
~ff{ llU!t~fft !j.lt•~.m~~•rfl*.nlt ~ Jijl (j{J ~Jl·~ (j{J If ;i~
~-3/01/14- 2/28/15 $5,261.00 $15,783.00 $3,508.00 3/01/15 -2/29/16 $5,551.00 $16,653.00 $3,701.00
•G;ffj:/JIJ (fJJ.JfM!ffl> Jff37.9C fJ!Jip:fiflllftrHfl!/f 37.9(0)(8) fl/I (#.:J.:tf!i/11.A{:J;> , Jff37.9(a)(IO) fl/I Ci/ifft.!/}Jfl/..Jflftl.:1}dS:f'/IJI& 14/ll{:J;J}JfJlfi!!IJ> , m·37.9(a}(ll) fl/I (/IJ/IJi.J!i;;f'R!lftli:ttflil!lJ &J/!.37.9(a)(l2) fl/I (:kfJl.IJt/&~) :JIJ.illbMH!fllJNIJ!!f!£. !i&fffif!i 201a11:1fJ 1 B /JIJJ!J.lf.Ni, /l1.=l::!!J!IJJlnfJmillfl~Hf!P/if20:IC.!£:fff!JJ/Jf ffl37. 9(a) (I J) MfflfJl/illllJ. Jit!lltH1Ji!IJJtJ:#£111i!h/JnllftelJfttliil947. 91Jf!Jl.ffl/idi(q'::f'JM/l ifi.AJ;ffl 37. YCIJfl/ill!i~. 1
579 Relocaflon Payments-37.9C 1/21/15
25 Van Ness Avenue #320 San Francisco, CA 94102-6033
www.sfrb.org Phone 41.5.252.4602 FAX 415.252.4699
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