Mold Laws and Occupancy

Table of Contents

Information about San Francisco and tenants.

Total allowable occupancy may also include overall unit size and consideration of its layout.

Concerns of Overcrowding: This will likely lead to further property deterioration, danger to safety risks, and contravention of the city’s housing code due to the fact that many people reside in one and the same premises. “Reasonable” restrictions on the number of occupants in a lease can be placed by landlord, with emphasis  fair housing laws.

 SF Gov AB1482 – The California Tenant Protection Act of 2019 (AB1482)

  • Occupancy Limits: San Francisco has occupancy limits on rental units to prevent overcrowding. There are general guidelines within the Tenant Occupancy Limits:
    • Studio: 2 occupants
    • One-bedroom: 3 occupants
    • Two-bedroom: 4 occupants
    • Three-bedroom: 6 people
    • Four-bedroom: 8 people
  • Adding Roommates: Tenants generally have the right to add roommates or subtenants with certain considerations:
    • The total occupancy limit must be respected.
    • The landlord may need to be notified in writing with a chance to approve. Check your lease.
    • The original tenant remains responsible for any lease violations. Sign a lease carefully.
  • Tenant in Occupancy Petitions (Section 1.21): Landlords can petition the Rent Board for an unlimited rent increase if there is no “tenant in occupancy.” So, if the Tenant that originally signed the lease is not living inside the named rented property, the landing if free to raise the rent on all occupants. This means no residing tenant meets the criteria laid out in the Rent Ordinance. 
  • Replacement Roommates: Tenants leaving a unit typically can only be replaced with a new roommate on the lease once per year without good cause. Check your lease and talk to your landlord before a new tenant moves in.

San Francisco and the Bay Area are renowned for their vibrant culture, innovative spirit, and dynamic housing market. However, navigating the complex web of rental laws and occupancy regulations in this region can be a daunting task for tenants, landlords, and property managers alike. This comprehensive guide delves into various aspects of these laws, providing insights and expert research analysis to help you understand and navigate these regulations effectively.

Understanding Rent Control in San Francisco

The concept of rent control in San Francisco has been a topic of much debate and study. Understanding its nuances is crucial for anyone involved in the rental market of this bustling city.

Impact on Tenant Mobility

According to research by Diamond, McQuade, & Qian (2018), rent control in San Francisco has significantly limited renters’ mobility by 20%. This restriction on movement has a dual effect: it lowers displacement but also binds tenants to their current living situations, often limiting their ability to move for new opportunities.

Reduction in Rental Housing Supply

This same study highlights a concerning consequence of rent control — a 15% reduction in rental housing supply. Landlords, faced with rent control regulations, often choose to sell to owner-occupants or redevelop buildings. This decline in available rental units inadvertently contributes to a tighter housing market.

Long-Term Market Rent Effects

The reduction in rental housing supply is not a standalone issue. It likely triggers a ripple effect, increasing market rents in the long term. This paradoxical outcome challenges the very goal of rent control — to make housing more affordable.

High Land Rent and Its Implications

In the Bay Area, high land rent is a persistent characteristic, shaping the housing market significantly.

Driving Factors Behind High Land Rent 

Barton (2011) points out that high land rent in the Bay Area is driven by a combination of geographic constraints, urban center density, and a robust economy. This trifecta creates a challenging environment for both tenants and landlords.

Impact on Very-Low-Income Tenants

The high rent scenario disproportionately affects very-low-income tenants. Barton’s research indicates that these tenants bear the brunt of the Bay Area’s expensive rental market, often finding themselves priced out of affordable housing options.

The Rent Board in San Francisco

For Tenants the Rent Board has authority to hear complaints. Here’s a link to the Rent Board Rules and Regulations. It does not hear cases where mold is claimed by either party; you will need an attorney for that.

What Can Tenants Do About Mold

Promptly contact your landlord or management company about any type of water leak where more than 1 gallon of water is involved. 

Cooperate with the professional drying process that your landlord will use. This is for your benefit.

Don’t have too many people living or guests in your apartment. This will increase the humidity and create an encouraging environment for mold growth.

Don’t put your furniture next to an outside wall. A lot of buildings don’t have insulation. Without insulation moisture will building up in the breathing space between the furniture and the wall. Mold will grown.

Don’t overstuff your closets if they are on outside walls. This crowded condition will cause an increase in the humidity and mold with grow in your contents. Put desiccants inside closets and linen cabinets.

Let your bath exhaust fan run for 30 minutes after a shower or bath.

Run the kitchen exhaust fan while cooking plus 15 minutes after you finish.

 

What Can Landlords Do About Mold

Promptly respond to all messages from tenants about water leaks. Have professional drying start as soon as possible(within hours, not days). This will diminish the possibility of mold growth. The longer the professional drying is delayed the it’s more likely that mold with grow.

Have the roof and gutters inspected annually by a licensed roofer. 

Clean the gutters annually. Consider gutter guards to prevent leaf buildup if you have a lot of vegetation overhanging or close to the roof line.

Make sure all windows close completely. Fix them, if needed.

Have a drip pan under all hot water heaters.

Make sure the bath and kitchen exhaust fans are working in top condition. To test hold one square of bathroom paper under the exhaust vent. While the fan is on if the paper sticks the fan is working property. If the paper doesn’t stick, the vent needs to be repaired or replaced.

And Finally

In conclusion, rental laws in San Francisco and the Bay Area, especially those pertaining to rent control and eviction, have complex impacts on tenants, landlords, and the overall housing market. These laws have contributed to reduced mobility and housing supply, increased market rents, and varying impacts on different landlord types..

Links

  • SF Tenant’s Union
     An excellent resource for San Francisco tenants
  • SF Rent Board
    The official San Francisco government branch governing tenant rights and Rent Ordinance information.

Ellis Act evictions are still legal in California, including San Francisco. However, there are strict regulations and processes in place governing their use.

Here’s a breakdown:

  • What is the Ellis Act? The Ellis Act (Government Code section 7060-7060.7) is a California state law that allows landlords to evict tenants in order to “go out of the rental business.” They must remove ALL units within a building from the rental market.

  • Restrictions: Several restrictions exist to protect tenants:

    • Notices: Landlords must file specific paperwork with the Rent Board outlining their intent to utilize the Ellis Act and issue formal eviction notices to all tenants.
    • Relocation Payments: Landlords are required to pay relocation fees to tenants affected by an Ellis Act eviction. The amount is determined by factors like how long the tenant has lived in the unit and if they are seniors or disabled.
    • Re-renting Restrictions: Landlords cannot re-rent a unit evicted under the Ellis Act for at least 5 years (10 years in some cities like San Francisco).
  • Tenant Protections: San Francisco has some additional protections against Ellis Act evictions. Landlords might face more restrictions or a longer withdrawal period when attempting to remove a building from the rental market.

  • Controversial Topic: The Ellis Act is highly controversial with tenant rights advocates arguing against it and landlords often supporting its existence. There have been attempts to restrict or repeal the Ellis Act, but none have been fully successful yet.

Where to learn more:

Rent Control

Rent control’s burden is unequally distributed among landlords. Corporate landlords are more able to evade the tax burden of rent control compared to individual landlords, due to better access to capital (Diamond, McQuade, & Qian, 2019).

San Francisco’s regulations on short-term vacation rentals since 2019 significantly reduce profitability for hosts, impacting the availability of short-term rentals and potentially affecting the housing market dynamics (Brotman, 2020).

Local immigration regulations, like those targeting undocumented immigrants, can impact rental markets and exacerbate issues like discrimination and availability of affordable housing (Esbenshade & Obzurt, 2008).

Rent control policies, while intended to stabilize housing for current tenants, can increase landlords’ incentive to evict tenants since rents reset when tenants leave, leading to more eviction notices in areas with new rent control units (Geddes & Holz, 2022).

Shallow rent subsidy programs, like Project Independence in Alameda County, show success in preventing homelessness and maintaining stable housing for very low-income individuals (Dasinger & Speiglman, 2007).

Mold Testing

Tenant Law Group SF

Braccamontes and Valsik

For landlords: Barth Calderon

Environmental Testing in the San Francisco Bay Area.

668 Madrid St. | PO Box 12479

San Francisco, CA 94112

 

American Air Testing