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Tenant
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| California
Civil Code http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20 The California Civil Code contains state-wide tenant laws in Sections 1925-1997. Important topics covered include rent control, breaching of leases, musical rooming, provision of phone jacks, building codes, and illegal evictions. Following are excerpts of some of the provisions: |
| Musical Rooming 1940.1. (a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and reregister, before the expiration of 30 days occupancy if a purpose is to avoid application of this chapter pursuant to paragraph (1) of subdivision (b) of Section 1940. (b) In addition to any remedies provided by local ordinance, any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars ($500). In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees. |
| Building and Habitability 1941.1. A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order. (c) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (d) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order. (e) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order. (f) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control. (h) Floors, stairways, and railings maintained in good repair. |
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Phone Jacks |
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Illegal Evictions
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Return of security
deposits
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| San Francisco
Rent Ordinance http://www.sfgov.org/site/rentboard_page.asp?id=3056 The San Francisco Rent Ordinance is San Francisco Administrative Code Chapter 37 and covers all rented buildings except units in buildings built since June 13, 1979; units in project-based government assisted or government regulated housing; rooms in hotels and boarding houses where the tenant has occupied the room for less than 32 consecutive days; units in non-profit cooperatives owned and controlled by a majority of the residents; rooms in hospitals; and units that have undergone "substantial rehabilitation." The Rent Ordinance mostly deals with evictions and rent increases. |
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Just Cause for Eviction
(following is a summary; see website above for actual language) |
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Rent Increases
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| San Francisco
Housing Code http://gcp.esub.net/cgi-bin/om_isapi.dll?clientID=162226&infobase=sanfran.nfo&softpage=Browse_Frame_Pg42 |
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Heating
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| San Francisco
Administrative Code http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=alp:sf_admin |
| Uniform Visitor
Policy Section 41D The San Francisco Board of Supervisors passed the Uniform Visitor Policy for Residential Hotels in 2002. This law prohibits all visitor and guest fees and guarantees tenants the right to have visitors between 9:00am and 9:00pm, as well as eight overnight guests per month. The Rent Board is charged with enforcing the law along with the Police Department (Police Code Section 919.9). |
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Interest on Security Deposits
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US Fair Housing Act |
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Prohibition of discrimination in sale or rental of housing Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices: As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful-- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.
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Service dogs and Companion Animals Sec. 805. [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions (a) In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. Also see: California Civil Code Sec. 54.1. (6) (A) It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for any person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired on the basis that the individual uses the services of a guide dog, an individual who is deaf or hearing impaired on the basis that the individual uses the services of a signal dog, or to an individual with any other disability on the basis that the individual uses the services of a service dog, or to refuse to permit such an individual who is blind or visually impaired to keep a guide dog, an individual who is deaf or hearing impaired to keep a signal dog, or an individual with any other disability to keep a service dog on the premises. |