While the Rent Ordinance generally does not apply to units that are subject to another government program that regulates rents, tenants who moved in before a landlord sought or obtained federal low-income housing tax credits or tax-exempt multifamily revenue bonds may remain under the Rent Ordinance. If the tenants in such a unit no longer wish to be under the Rent Ordinance, they can fill out this form and “opt-out”. The unit will then become fully exempt from the Rent Ordinance as a “regulated unit” and the landlord may set the rent under the applicable government program. Please note that once this form is submitted it CANNOT be withdrawn.
Pursuant to Rent Ordinance Section 37.2(r)(4)(C), the San Francisco Rent Ordinance may still apply to units in buildings where the owner has sought or obtained federal low-income housing tax credits (“LIHTC”) or tax-exempt multifamily revenue bonds. Tenants in such a building may be under the jurisdiction of the San Francisco Rent Ordinance.
Tenants have a one-time option to opt out of their rights and obligations under the local rent ordinance and subject the unit going forward to the restrictions that apply under the applicable low income housing tax credit or bond regulatory agreement. A tenant has the right to not consent to the opt-out option. Filling out this form is only necessary if one agrees to opt- out of the local rent ordinance regulations.
A tenant may choose to consult with an attorney or tenants’ rights organization before deciding whether to complete the opt-out form. Tenants’ rights organizations and their contact information may be found in the Rent Board Referral Listing.
All tenants residing in the unit at the time of the opt-out must consent to the opt-out in writing. They must print and sign their names on page 5 of this document.
Once an opt-out form is submitted it CANNOT be withdrawn.
Once an opt-out has occurred in a unit, the San Francisco Rent Ordinance will not apply to that unit. The unit will be exempt from the San Francisco Rent Ordinance for the remaining duration of the applicable regulatory agreement(s).
Tags: Topic 267
If you need this form then you may contact the San Francisco Rent Board at (415) 252-4600 to request a copy of the 1010 Opt-Out Option Form.
While the Rent Board can provide the form to applicable tenants, we do not make recommendation on if a particular tenant should sign the form or not.