(a) Notice Requirement. The Transferor of Property for Residential Use or Hotel Use must provide notice to the Transferee as follows.
(1) Timing of Disclosure. For all transfers of Property having any Residential Use or Hotel Use, the Transferor shall provide the disclosure described in subsection 35.6(a)(2) on a written document. This notice shall be provided for a lease prior to the tenant(s) signing the lease, or for a purchase agreement for the transfer of the Property at the time required by California Civil Code Section 1102.3. (2) Contents of Disclosure Notice. The disclosure shall include a citation to this Section 35.6, a copy of this Chapter 35 as is in effect when the disclosure notice is provided, and a written statement containing substantially the following language in at least 12-point font: “DISCLOSURE OF NEIGHBORING PDR USES
You are purchasing or leasing property in an area that permits Production, Distribution, and Repair (PDR) Uses, as defined in Planning Code Section 102. PDR Uses may subject you to inconveniences or discomfort arising from their operations, which may include, but are not limited to: noise, odors, dust, chemicals, smoke, operation of machinery, and loading and unloading operations, which may occur throughout the day and night. One or more of these types of inconveniences may occur even if the PDR Use is operating in conformance with existing laws and regulations and locally accepted customs and standards for operations of such use. You should be prepared to accept such inconveniences or discomfort as normal and a necessary aspect of living in a neighborhood with mixed PDR and residential Uses. A PDR Use shall not be considered a public or private nuisance if it operates in compliance with the Municipal Code and state and federal law, and with the terms of its permits.”
(b) Affidavit of Disclosure.
(1) Contents of Affidavit. The Transferor shall make and sign, upon penalty of perjury, an affidavit containing the following information, with appropriate terms to be inserted in place of the bracketed language, as specified:
(A) the identities of the Transferor and any entity on whose behalf the Transferor is acting;
(B) the identity of the Transferee;
(C) the address, including unit number, of the portion of the Project being transferred;
(D) whether the Transfer is a sale or lease; and
(E) the following language:
“I have provided to the [purchaser or lessee] the disclosure required by San Francisco Administrative Code
Chapter 35. Attached is a true and correct copy of the notice provided to the [purchaser or lessee].
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] in [city and state].”
(2) Affidavit Transmitted to the Planning Department. The Transferor shall transmit to the Planning Department, by any means acceptable to the Planning Department, the affidavit and a copy of the disclosure notice provided to each Transferee; provided however, that the attachment need not also include a copy of the then-current text of this Chapter 35. This transmittal must occur within 90 days of the transfer. Upon request of the Transferee, the Transferor shall also provide a copy of this affidavit, with an attached copy of the disclosure notice referenced in the affidavit, to the Transferee. (3) Affidavits Available to the Public. Pursuant to state and local law, upon request, the Planning Department shall provide a copy of the affidavit and attached notice to any member of the public.
(4) Covenants, Conditions, and Restrictions for Condominium Projects. If the Property will be subdivided into condominiums, the requirements of this Section 35.6(b) shall be included as terms of the Covenants, Conditions, and Restrictions (“CC&Rs”) that will be filed with the State and that govern owners of the property. Upon request, a copy of the CC&Rs shall be provided to the Planning Department. (c) Civil Penalty for Failure to Provide Notice. Any person who fails to provide the disclosure required by this Section may be liable for a civil penalty of not less than $500 for each failure to provide said disclosure. This penalty may be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. The City Attorney also may seek recovery of the attorneys’ fees and costs incurred in bringing a civil action pursuant to this Section.
(d) Private Right of Action. The current or former transferee of the Adjacent Property transferred for Residential Use may institute a civil proceeding for money damages of not less than $500 for each failure to provide the disclosure required by this Section 35.6, and whatever other relief the Court deems appropriate. The prevailing party shall be entitled to reasonable attorney’s fees and costs pursuant to order of the Court. The remedy available under this subsection shall be in addition to any other existing remedies that may be available to the transferee. (e) Enforcement. The Planning Department shall enforce this Section 35.6 through the application of Planning Code Sections 176 and 176.1. (Added by Ord. 223-06, File No. 060265, App. 8/11/2006; amended by Ord. , File No. 180184, App. 12/12/2018, Eff. 1/12/2019)
