Residential Rent Stabilization and Arbitration Board City and County of San Francisco INSTRUCTIONS FOR FILING A LANDLORD PETITION FOR DETERMINATION PURSUANT TO RULES AND REGULATIONS SECTIONS 1.21 AND/OR 6.14 AND/OR ORDINANCE SECTION 37.3(d) [Costa-Hawkins Rental Housing Act] * *Filing for a 6.14 or 37.3(d) Determination is Optional 1. The petition must include the following, as applicable: (a) The Landlord Petition for Determination must be completely filled out, including mailing and/or forwarding addresses (if known) for the original tenant and any other occupants, including tenants, subtenants, and/or assignees residing in the subject rental unit. (b) For each person named in the petition, you must provide one copy of the petition and 3 business size envelopes, pre-addressed to each person, with NO return address but with the following postage affixed: one of the envelopes will be used to mail the Notice of Hearing and must have first class postage; one must have sufficient first class postage for mailing the petition; and one must have first class postage for two (2) ounces for mailing the Decision. (c) For each landlord, agent, representative and/or attorney who should receive a copy of the Notice of Hearing and the Decision, you must provide 2 business size envelopes, pre-addressed to each recipient, with NO return address but with the following postage affixed: one of the envelopes will be used to mail the Notice of Hearing and must have first class postage; and one must have first class postage for two (2) ounces for mailing the Decision. (d) The petition must be accompanied by a written statement as to the basis for the petition, and any evidence or documentation supporting the requested determination, specifically: why the landlord believes (i) that the unit is not the tenant's principal place of residence and (ii) that there is no other tenant in occupancy of the unit, pursuant to Rules and Regulations Section 1.21; and/or why the landlord believes (i) that all original occupants have vacated the unit and (ii) that a §6.14 Notice was timely served on the remaining occupant(s) of the unit, pursuant to Rules and Regulations Section 6.14. NOTE: You are not required to petition for this increase. This is optional. and/or why the landlord believes (i) that no original occupants permanently reside in the unit and (ii) that any remaining subtenant or assignee took possession on or after January 1, 1996, pursuant to Ordinance Section 37.3(d) [the Costa-Hawkins Rental Housing Act]. NOTE: You are not required to petition for this increase. This is optional. Reasonable, temporary absences from the unit, such as for work, travel or education, will not warrant a determination that the unit is not the tenant's principal place of residence (Rules §1.21), nor that the original occupant has vacated (Rules §6.14) or no longer permanently resides in the unit (Costa-Hawkins). For any questions regarding the filing of this petition, please contact Rent Board Counselor Greg Miller (252-4647) or Senior Administrative Law Judges Sandy Gartzman (252-4649) or Tim Lee (252-4603). OVER PLEASE 536 1.21/6.14/C-H Petition 3/27/07 25 Van Ness Avenue #320 San Francisco, CA 94102-6033 Phone 415.252.4602 FAX 415.252.4699 American LegalNet, Inc. www.FormsWorkFlow.com Page 2 (e) For Rules and Regulations Section 1.21 Determinations: The landlord will have to make a threshold showing that the determination is warranted (i.e., that the tenant does not reside in the unit as his/her principal place of residence), and then the burden will shift to the tenant to show that the unit is his/her principal place of residence and "usual place of return." Evidence could include such things as: motor vehicle registration; voter registration; homeowner's tax exemption; grant deeds for a residence other than the subject unit; utility bills; etc. Rules and Regulations Section 1.21 does not affect any co-tenant or approved subtenant who meets the definition of "tenant" in the Rent Ordinance and who resides in the unit as his/her principal place of residence. In such situations an unlimited rent increase will not be approved even if the unit is not the original tenant's principal place of residence. For Rules and Regulations Section 6.14 Determinations: Rules and Regulations Section 6.14 authorizes an unlimited rent increase in some circumstances where the original tenant vacates the unit and the remaining occupants were timely served with a proper notice under Section 6.14. (Note: This filing is optional and is not required.) For Ordinance Section 37.3(d) Costa-Hawkins Determinations: The Costa-Hawkins Rental Housing Act [Civil Code Section 1954.53(d); Ordinance Section 37.3(d)] authorizes an unlimited rent increase in some circumstances where the original tenant no longer permanently resides in the unit and the remaining subtenant(s) or assignee(s) did not reside in the unit prior to January 1, 1996. (Note: This filing is optional and is not required.) A landlord may, at his or her option, ask for a determination under any or all of the above grounds that may apply. (f) Notices Of Rent Increase: Rules and Regulations Section 5.10 requires that a landlord seeking a determination under Rules and Regulations Section 1.21 must file a Petition for Determination Pursuant to Rules and Regulations Section 1.21 prior to issuing a notice of rent increase based on Section 1.21. There is no such requirement for determinations pursuant to the Costa-Hawkins Rental Housing Act or Rules and Regulations Section 6.14, which may be imposed by the landlord without filing a petition. Rent increases imposed pursuant to Section 1.21 are inoperative until such time as a Decision is issued by the Rent Board approving the increase. However, any sums owing should a 1.21 increase be approved would be retroactive to the effective date of the landlord's notice. Rent increases imposed pursuant to the Costa-Hawkins Rental Housing Act or Rules and Regulations Section 6.14, are effective upon the expiration of the 30 or 60-day notice period required by California Civil Code Section 827. Civil Code Section 827 as amended on January 1, 2001 requires service of a thirty (30) day notice of rent increase if the increase, either by itself or combined with any other rent increase in the one year period before the effective date, is no more than 10%. Section 827 requires service of a sixty (60) day notice of rent increase if the increase, either by itself or c