San Francisco · Special housing
Special housing in San Francisco: when the ordinary route is not enough
Pre-1979 apartments, single-family homes and condos, post-1979 buildings, below-market-rate units, Section 8, SROs, in-law units, owner-occupied small buildings: each sits under a different mix of Ordinance rent limits, Ordinance just cause and the state Act. This page helps you recognise which you're in, what evidence would settle it, and where the official route is. It does not decide it.
Rent Ordinance · full
Pre-1979 apartment (two or more units)
A unit in a multi-unit building first certified for occupancy before 13 June 1979.
What is different
- Annual allowable increase (1.6% to 28 Feb 2027) on the anniversary date; banking; petitions for passthroughs
- Sixteen just causes; relocation for no-fault evictions
- Rent increase licence required before an increase; deposit interest
Evidence that would settle it
- Certificate of occupancy date or assessor's year built?
- Is the building a single structure with 2+ units, not a condo?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: SF Administrative Code Ch. 37 §§37.2, 37.3, 37.9; Ch. 37A — FIXTURE · verify sections
Planner (Ordinance route)Costa-Hawkins exempt from rent limits
Single-family home or condo
A separately alienable dwelling: a house, or a condo unit.
What is different
- Costa-Hawkins exempts it from the Ordinance's rent limits; the state TPA cap does not apply either if the required exemption notice was given and the owner is not a corporation or REIT
- SF just-cause protections still apply to most tenancies (verify exemptions)
- Housing Inventory reporting still applies
Evidence that would settle it
- Is the exemption notice in the lease?
- Who owns it: individual, LLC, corporation or REIT?
- Any in-law or ADU making it two units?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Civ. Code §1954.52; §1947.12(d)(5) — verify
Confirm with the applicability checkState TPA
Post-1979 building, 15+ years old
A multi-unit building certified for occupancy on or after 13 June 1979 and at least 15 years ago.
What is different
- Ordinance rent limits do not apply (Costa-Hawkins new-construction exemption); the state TPA cap does: 5% + CPI, max 10%
- SF just cause applies to most units; confirm local exemptions and state just-cause coverage separately.
- Housing Inventory, deposit interest and Rent Board fee still apply
Evidence that would settle it
- Certificate of occupancy date?
- Is it separately alienable (condo) or a rental building?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Civ. Code §§1946.2, 1947.12 — verify
Planner (TPA route)No rent cap (yet)
Certificate of occupancy within the last 15 years
New construction under 15 years old.
What is different
- Exempt from both the Ordinance rent limit and the TPA cap until 15 years from the certificate
- Just cause: SF Ordinance still applies to most units (verify); the TPA's just cause does not until 15 years
Evidence that would settle it
- Exact certificate of occupancy date?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Civ. Code §1947.12(d)(4) — verify
Confirm with the applicability checkProgramme + MOHCD
Below-market-rate or inclusionary unit
A BMR unit under an inclusionary or city-funded programme.
What is different
- Rent set by the programme (MOHCD), not the Ordinance or the TPA
- Fair Chance Ordinance housing provisions apply to city-funded affordable housing
- Income certification and marketing rules
Evidence that would settle it
- Which programme and regulatory agreement?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Planning Code §415; MOHCD procedures — verify
HAP contract + State law
Section 8 voucher tenancy
A private unit where the tenant's rent is subsidised by a Housing Choice Voucher (SFHA).
What is different
- Rent changes need SFHA approval and a reasonableness test; the HAP addendum sits on the lease
- Refusing a voucher is source-of-income discrimination under FEHA
- Ordinance just cause still applies; rent limits apply to the contract rent for covered units (verify)
Evidence that would settle it
- Is the HAP contract current?
- Which agency administers?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: 24 CFR 982 · Gov. Code §12955(p) — verify
Specialist reviewOrdinance + Ch. 41
Residential hotel (SRO) room
A room in a residential hotel under the Residential Hotel Unit Conversion Ordinance.
What is different
- Rent Ordinance covers SRO tenants (after 32 days — verify); Ch. 41 restricts conversion and requires annual usage reports
- Visitor policy and hotel-specific rules
Evidence that would settle it
- Is the building on the residential hotel register?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Admin. Code Ch. 41; Rent Ordinance §37.2(r) — verify
Ordinance (often)
In-law, ADU or unpermitted unit
A secondary unit, permitted or not, in an otherwise single-family property.
What is different
- An unpermitted unit is still a rental under the Ordinance if the building has two units; Costa-Hawkins single-family exemption is lost
- ADU rent limits depend on the building's age and the ADU's permit history (verify)
Evidence that would settle it
- Permit status and date?
- Does the owner live in the main unit?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Rent Board Rules §1.17 — verify
Confirm with the applicability checkPartial exemptions
Owner-occupied small building or shared unit
Owner lives in the building; or the tenant shares kitchen or bath with the owner.
What is different
- Sharing facilities with an owner does not by itself establish an Ordinance exemption; confirm the applicable owner-occupied or lodger rules.
- Owner-occupied duplex: TPA exempts; Ordinance rent limits may still apply (verify)
- Single-lodger-in-owner's-home has its own removal rule (Civ. Code §1946.5)
Evidence that would settle it
- Does the tenant share facilities with the owner?
- Unit count and CO date?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Rent Ordinance §37.2(r) · Civ. Code §1946.5 — verify
Confirm with the applicability checkOffice of Short-Term Rentals
Short-term rental (under 30 nights)
Stays under 30 nights.
What is different
- Registration with the Office of Short-Term Rentals; primary-residence and night caps; not a tenancy
- This hub does not cover it
Evidence that would settle it
- Is the stay 30 nights or more?
These are the facts a specialist or the applicability check needs. The page does not answer them.
Source: Office of Short-Term Rentals — verify
Not covered by this hubAt a glance
Which rule limits the rent, which just-cause regime applies, and whether the hub's ordinary tools should be used.
| Situation | Rent limit | Just cause | Hub tools |
|---|---|---|---|
| Pre-1979 apartment (two or more units) | AAI 1.6% | Ordinance | Use |
| Single-family home or condo | No cap (with notice) | Ordinance just cause | Use just-cause routes; rent tools show no cap |
| Post-1979 building, 15+ years old | 5% + CPI (≤10%) | Ordinance; TPA coverage check | Use, with the TPA route |
| Certificate of occupancy within the last 15 years | No cap until 15 years | Ordinance (verify) | Rent tools show dates only |
| Below-market-rate or inclusionary unit | Programme | Programme + Ordinance | Specialist review first |
| Section 8 voucher tenancy | SFHA-approved | Ordinance + HAP | Use only after the agency's rules are confirmed |
| Residential hotel (SRO) room | AAI 1.6% | Ordinance | Specialist review first |
| In-law, ADU or unpermitted unit | Depends on age | Ordinance | Use after the check |
| Owner-occupied small building or shared unit | Depends | Depends | Use after the check |
| Short-term rental (under 30 nights) | — | — | Do not use |
Coverage facts come from the certificate of occupancy, the assessor's record, the Housing Inventory entry, the programme agreement or the Rent Board's determination; the hub never infers them from a postcode.