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Board approves rent-board hearings for tenant harassment claims
Summary
The San Francisco Board of Supervisors passed an ordinance allowing the Rent Board to hold hearings on tenant allegations of landlord harassment, creating an administrative pathway short of Superior Court to address claims of intimidation, lockouts and other wrongful efforts to recover possession.
The San Francisco Board of Supervisors on Tuesday approved an ordinance amending Administrative Code Chapter 37 to let the Rent Board hold hearings on tenant allegations that landlords engaged in harassment intended to force tenants from their homes.
The change creates an administrative hearing before an administrative law judge at the Rent Board where both tenant and landlord may present evidence. Depending on the hearing record, the Rent Board may refer cases to the city attorney for civil litigation or to the district attorney for criminal proceedings, Supervisor David Campos said during debate.
Supporters said the change offers tenants a lower‑cost, more accessible forum than filing costly Superior Court suits. “The only recourse that is presently available to tenants is that they can go and file an action in California Superior Court,” Campos said, adding that litigation is prohibitively expensive for most tenants. Campos cited a report showing a sharp rise in Ellis Act evictions and widespread tenant complaints about lockouts, repeated calls, and construction used to drive residents out.
Supervisor Eric Mar and others said the new process provides a fair and impartial forum that protects both tenants and landlords. Supervisor Norman Yee asked whether the process could be abused by tenants filing frivolous complaints; Deputy City Attorney John Givner said the question is a policy matter for the board but noted that the Rent Board forum would allow both sides to present evidence and that frivolous claims can be addressed by the administrative judge.
The ordinance was approved by roll call vote: Supervisors David Chiu (president), Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, London Breed, Scott Wiener, Norman Yee, John Avalos, and David Campos voted yes (11 ayes recorded). The ordinance text amends the residential rent stabilization and arbitration ordinance to provide hearings on harassment claims.
The measure also tasks the Rent Board with developing procedures for hearings and gives the Rent Board the ability to refer matters for civil or criminal enforcement when the evidence warrants. It does not itself set penalties beyond the referral authority, and specific remedies will depend on subsequent Rent Board procedures and any enforcement actions taken by the city attorney or district attorney.
The change is part of a broader slate of actions the board has discussed to address displacement, including proposals on buyout regulation, relocation assistance and calls for changes to state law on no‑fault evictions.
