§ 47.2. DEFINITIONS.

"City Affordable Housing Programs" shall mean, unless specified otherwise, all programs related to the provision of affordable housing administered or funded by MOHCD, including but not limited to Tax Exempt Bond Developments. "City Affordable Housing Programs" does not include programs or affordable housing units exclusively supported by the Department of Housing and Urban Development, the San Francisco Human Services Agency, the San Francisco Department of Public Health, or the San Francisco Housing Authority.

"Displaced Tenant" shall mean any person who applies to MOHCD and who MOHCD determines qualifies under any of the categories below. If a person disputes MOHCD's determination that he or she does not qualify as a "Displaced Tenant" under this Section 47.2, such person shall have the right to a hearing conducted by a Rent Board Administrative Law Judge (as defined in Administrative Code Section 37.2(f)), with MOHCD as the responding party:

Category 1: A tenant residing in San Francisco who on or after January 1, 2010 receives a Notice of Intent to Withdraw Rental Units (“Notice of Intent to Withdraw”) pursuant to the Ellis Act, California Government Code Sections 7060 et seq., and corresponding provisions of the Rent Ordinance. MOHCD shall establish a process for a tenant to verify his or her status as a “Displaced Tenant” under Category 1 that, at a minimum, shall require a tenant to show: (a) the landlord filed with the Rent Board a Notice of Intent to Withdraw; and (b) the tenant either: (1) is listed on the Notice of Intent to Withdraw; (2) is listed on the lease for the unit in question; or (3) has other evidence sufficient to establish, in MOHCD’s reasonable discretion, that he or she resided in the unit at the time the Notice of Intent to Withdraw was filed. If the Rent Board grants a landlord’s request to rescind the Notice of Intent to Withdraw before a tenant moves out of his or her unit, such tenant shall no longer qualify as a “Displaced Tenant.”

Category 2: A tenant residing in San Francisco who on or after January 1, 2010 receives a notice that his or her landlord plans to recover possession of the unit under Section 37.9(a)(8) of the Rent Ordinance. MOHCD shall establish a process for a tenant to verify his or her status as a "Displaced Tenant" under Category 2 that, at a minimum, shall require a tenant to show: (a) the landlord filed with the Rent Board the notice to vacate, as required under Rent Ordinance Section 37.9(c); and (b) the tenant either: (1) is listed on the notice to vacate; (2) is listed on the lease for the unit in question; or (3) has other evidence sufficient to establish, in MOHCD's reasonable discretion, that he or she resided in the unit at the time the notice to vacate was filed.

Category 3: A tenant residing in San Francisco who is required to vacate his or her unit by a public safety official due to fire, and who can provide sufficient evidence to MOHCD that demonstrates that he or she cannot return to the unit within a period of six months from the date of the order to vacate the unit. MOHCD shall establish a process for a tenant to verify his or her status as a "Displaced Tenant" under Category 3 that, at a minimum, shall require a tenant to show: (a) a public safety official provided an order to vacate the unit to such tenant or to the owner of the unit; and (b) the tenant either: (1) is listed on the order to vacate; (2) is listed on the lease for the unit in question; or (3) has other evidence sufficient to establish, in MOHCD's reasonable discretion, that he or she resided in the unit at the time the order was provided. This Category 3 "Displaced Tenant" preference shall expire by operation of law on December 31, 2020, provided, however, that MOHCD may determine after December 31, 2020 that a person who applied to MOHCD under Category 3 on or prior to December 31, 2020 qualifies as a Displaced Tenant.

Category 4: A tenant residing in San Francisco who is vacating the tenant’s unit because MOHCD has verified that a multi-family residential property will no longer be restricted to ensure affordability based on income under any regulatory agreement (including a regulatory agreement based on the issuance of housing mortgage revenue bonds) or other affordable housing agreement and/or recorded instrument within 5 years, and the landlord of such property has leased unrestricted residential rental units in the same building at a market rent that is more than 40% of the tenant’s total annual gross household income. MOHCD shall establish a process for a tenant to verify the tenant’s status as a “Displaced Tenant” under Category 4 that, at a minimum, shall require the tenant to show: (a) documentation of the tenant’s total gross household income on a form provided by MOHCD in accordance with the Inclusionary Procedures Manual in effect at the time of application for a “Displaced Tenant” housing preference; (b) evidence that market rate rent in the tenant’s building will exceed 40% of the tenant’s current total annual gross household income; and (c) the tenant either: (1) is listed on the lease for the unit in question; or (2) has other evidence sufficient to establish, in MOHCD’s reasonable discretion, that he or she resides in the unit at the time the landlord increased the tenant’s rent.

"MOHCD" shall mean the Mayor's Office of Housing and Community Development or its successor.

"Neighborhood" shall mean any one of the 11 Supervisorial Districts as defined and established in the San Francisco Charter, Appendix E plus a buffer such that for each unit or project that is part of a City Affordable Housing Program "Neighborhood" means the Supervisorial District in which the unit or project is located, plus a ½ mile buffer around the location of the unit or project.

"Neighborhood Resident" shall mean any person who has a primary residence in a certain Neighborhood at the time he or she applies for a unit or assistance. MOHCD shall establish a process for a person to verify status as a "Neighborhood Resident" for a particular Neighborhood, which, at a minimum, shall require a person to show: (a) that he or she is listed on the lease for a unit in that Neighborhood; or (b) other evidence sufficient to establish, in MOHCD's reasonable discretion, that the person resides in a unit in that Neighborhood. If a person disputes a MOHCD determination that he or she does not qualify as a "Neighborhood Resident" under this Section 47.2, such person shall have the right to a hearing conducted by a Rent Board Administrative Law Judge (as defined in Administrative Code Section 37.2(f)), with MOHCD as the responding party.

"Rent Board" shall mean the Residential Rent Stabilization and Arbitration Board.

"Rent Ordinance" shall mean the San Francisco Rent Stabilization and Arbitration Ordinance, Administrative Code Chapter 37.

"Residential Certificate of Preference Holders" shall mean a person who holds a Residential Certificate of Preference under the San Francisco Redevelopment Agency's Property Owner and Occupant Preference Program, as reprinted September 11, 2008 and effective October 1, 2008 and on file with the Clerk of the Board in File No. 080521.

"Tax Exempt Bond Development" shall mean any housing development financed through a tax-exempt bond issuance that imposes rent and occupancy restrictions as a condition of the financing.

(Added by Ord. , File No. 150622, App. 12/3/2015, Eff. 1/2/2016; amended by Ord. , File No. 151122, App. 8/11/2016, Eff. 9/10/2016; Ord. , File No. 170860, App. 11/3/2017, Eff. 12/3/2017, Retro. 9/10/2016; Ord. , File No. 190140, App. 6/28/2019, Eff. 7/29/2019)