§ 20.54

(a) In 2004, the “San Francisco Plan to Abolish Chronic Homelessness” (the “Ten Year Plan”) prepared by the S.F. Ten Year Planning Council, developed the City’s “Housing First” policy, finding that “permanent supportive housing has been proven to be the most effective and efficient way to take chronically homeless off the streets.”

(b) The U.S. Department of Housing and Urban Development (“HUD”) considers housing “affordable” if it costs no more than 30% of a household’s monthly income.

(c) Based on the U.S. Housing Act of 1937, and on the McKinney-Vento Act of 1987, HUD limits the monthly maximum rental occupancy charges for housing provided through the federal Continuum of Care Program (“CoC”) to the highest of: 1) 30% of the family’s monthly adjusted income; 2) 10% of the family’s monthly income; or 3) the portion of a family’s welfare assistance that is designated for housing costs.

(d) It is in the best interest of the City and of the individuals living in Permanent Supportive Housing funded by the City and County of San Francisco, regardless of funding stream, to pay a standard rent contribution that is consistent with federal policy and regulations.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

(Former Sec. 20.54.2 added by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated as Sec. 20.54.3 and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

For purposes of this Article VI, the following definitions shall apply.

“ CalFresh ” shall mean the program that provides monthly benefits to low-income households that can be used for the purchase of food, as set forth in California Welfare and Institutions Code Sections 18900 et seq., including any future amendments to those sections.

“ CALM ” shall mean Cash Assistance Linked to Medi-Cal, as set forth in Administrative Code, Chapter 20, Article VII, including any future amendments to that Article.

“CalWORKs ” shall mean the California Work Opportunity and Responsibility to Kids program as set forth in California Welfare and Institutions Code Sections 11200 et seq., including any future amendments to those sections.

“ City ” shall mean the City and County of San Francisco.

“ Client ” shall mean any person residing in or seeking to reside in Permanent Supportive Housing. “Client” shall include any dependent children under 18 years of age residing with or seeking to reside with the Client in Permanent Supportive Housing.

“ Contractor ” shall mean any person or persons, firm, partnership, corporation, or combination thereof, or other entity that enters into a HousingRelated Contract with the City.

“ General Assistance ” shall mean the General Assistance Program as set forth in Administrative Code, Chapter 20, Article VII of this Chapter, including any future amendments to that Article.

“ Housing Provider ” shall mean any Contractor that contracts with the the [1 ] Department of Homelessness and Supportive Housing, or other City departments to administer Permanent Supportive Housing.

“ Housing-Related Contract ” shall mean any contract, lease, memorandum of understanding, or other agreement or amendment thereto entered into between the City and a Housing Provider that provides for the administration of Permanent Supportive Housing paid for in whole or in part by the City. “Housing-Related Contract” shall not include agreements between the San Francisco Housing Authority and the City, or contracts to provide City-funded services at Housing Authority developments.

“ IHSS ” shall mean the In-Home Supportive Services Program, as set forth in Administrative Code Chapter 70, including any future amendments to that Chapter.

“ Medi-Cal ” shall mean the Medi-Cal Program as set forth in California Welfare and Institutions Code Sections 14000 et seq., including any future amendments to those sections.

“ PAES ” shall mean the Personal Assisted Employment Services Program, as set forth in Administrative Code, Chapter 20, Article VII, including any future amendments to that Article.

“ Permanent Supportive Housing ” shall mean housing units for Clients that include on-site supportive services, including, without limitation, intake and assessment of Clients’ needs, outreach to the Clients to assist them with health or social needs, management of the health or social needs of Clients, mediation of disputes with the property management, and referrals for services to the Clients. “Permanent Supportive Housing” shall not include any shelter or site that offers temporary overnight sleeping space on a short-term basis provided by the City on City-owned or leased property or through a contractual arrangement.

“ Public Benefits ” shall mean CalFresh, CalWORKs, General Assistance, Medi-Cal, SSI, VA Benefits, PAES, IHSS, SSIP, and CALM, or any comparable successor programs.

“ SSI ” shall mean Supplemental Security Income/State Supplementary Program for Aged, Blind, and Disabled as set forth in California Welfare and Institutions Code Sections 12000 et seq., including any future amendments to those sections.

“ SSIP ” shall mean Supplemental Security Income Pending, as set forth in Administrative Code, Chapter 20, Article VII, including any future amendments to that Article.

“ VA Benefits ” shall mean benefits and entitlements provided by the United States Department of Veterans Affairs, as set forth in 38 U.S.C. Sections 101 et seq., including any future amendments to those sections.

(Added as Sec. 20.54.2 by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

(Former Sec. 20.54.3 added by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated as Sec. 20.54.4 and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

CODIFICATION NOTE

1. So in Ord. 3-21.

Every Housing-Related Contract executed after the operative date of this Article VI shall contain provisions in which the Housing Provider agrees to the following requirements:

(a) (1) The Housing Provider shall make reasonable efforts to help Clients determine the Public Benefits for which they may be reasonably eligible, and help Clients enroll in all Public Benefits for which they may be reasonably eligible. “Reasonable efforts” within the meaning of the previous sentence shall include but not be limited to meeting, or attempting to meet, with all Clients within three months of the Client’s placement in Permanent Supportive Housing and at least once per calendar year thereafter to discuss the Public Benefits the Client is receiving, the Public Benefits for which the Client has applied, and the Public Benefits for which the Client may be eligible but for which the Client has not applied. A Housing Provider satisfies the requirement of “attempting to meet” with a Client within the meaning of the previous sentence if the Housing Provider supplies the Client with a written notice of the date, time, and location of the proposed meeting at least two weeks before the meeting, then attempts to notify the Client at least twice by phone and at least once in person of the date, time, and location of the meeting. A Client “may be reasonably eligible” for a Public Benefit within the meaning of this Section 20.54.4 if the Housing Provider determines that the Client satisfies all of the criteria set forth on the worksheet created by the Human Services Agency pursuant to Section 20.54.6 of this Article VI.

(2) During each meeting with the Client described in subsection (a)(1), the Housing Provider shall provide the Client with a document listing all Public Benefits for which the Client may be reasonably eligible and the different manners in which the Client may apply for those Public Benefits. The Provider shall assist the Client to apply for all Public Benefits for which the Client may be reasonably eligible by: making an intake appointment for the Client at the Human Services Agency and providing the date, time and location of the appointment to the Client in writing; by assisting the Client to apply online; by assisting the Client to fill out and mail a paper application; or by assisting the Client to call the Human Services Agency to apply by phone.

(b) During each meeting with the Client described in subsection (a)(1), the Housing Provider shall provide the Client with the release described in subsection (b) of Section 20.54.6 of this Article VI. The Housing Provider shall explain to the Client the purpose of the release.

(c) Each Housing Provider shall produce and provide to the Department of Homelessness and Supportive Housing and the Human Services Agency a report each year that includes the following information:

(1) The percentage of Clients enrolled in each Public Benefit;

(2) The percentage of Clients who have applied for all of the Public Benefits for which they may be reasonably eligible;

(3) A summary of the reasonable efforts made pursuant to subsection (a) of this Section 20.54.4 to help Clients enroll in all Public Benefits for which they may be reasonably eligible; and

(4) If all Clients are not enrolled in the maximum Public Benefits for which they may be reasonably eligible, an explanation as to why a higher percentage of Clients are not so enrolled and a description of efforts that will be made to enroll more Clients in all Public Benefits for which they may be reasonably eligible.

A Housing Provider’s first report required by this subsection (c) shall be due one year from the execution of any Housing-Related Contract entered into after the operative date of this Article VI.

(d) Each Housing Provider shall retain for three years copies of all documents generated or received pursuant to this Section 20.54.4.

(e) Each Housing Provider shall cooperate fully with the Department of Homelessness and Supportive Housing when it conducts its annual contract monitoring visit, as well as any audits and investigations, including allowing the Department full and complete access to documents and employees.

(f) No Housing Provider shall discharge, reduce in compensation, or otherwise discriminate against any employee for notifying the Department of Homelessness and Supportive Housing of a possible violation of this Article VI.

(Added as Sec. 20.54.3 by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

(Former Sec. 20.54.4 added by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated as Sec. 20.54.6 and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

[SEC. 20.54.5.] STANDARD RENT CONTRIBUTION.*

(a) Every Housing-Related Contract executed after the effective date of this Section 20.54.5 (the effective date of the ordinance in Board File No. 201185) shall contain provisions in which the City and Housing Provider agree to the following rent standards:

(1) Housing Providers are not required to impose occupancy charges on clients as a condition of participating in Permanent Supportive Housing.

(2) If rent is required, the rent contribution of clients participating in Permanent Supportive Housing Programs shall not exceed 30% of the household’s monthly adjusted income, as calculated in accordance with a specific project and/or unit’s prescribed calculation methodology. In any instance where the rent contribution calculation methodology is not governed by the project’s existing contracts, the calculation methodology set forth in 24 C.F.R. Sections 5.603 and 578.77, and related regulations, or any successor provisions, shall apply.

ehold’s monthly adjusted income, as calculated in accordance with a specific project and/or unit’s prescribed calculation methodology. In any instance where the rent contribution calculation methodology is not governed by the project’s existing contracts, the calculation methodology set forth in 24 C.F.R. Sections 5.603 and 578.77, and related regulations, or any successor provisions, shall apply.

(b) All Housing-Related Contracts executed before the effective date of this Section shall be amended upon renewal to contain provisions in which the City and Housing Provider agree to the above stated rent standards.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

(Former Sec. 20.54.5 added by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; redesignated as Sec. 20.54.7 by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

*Editor’s Note: This Section number was inadvertently omitted from Ord. No. 3-21 . It has been included in brackets to indicate that the number is unofficial.

(a) The Human Services Agency shall create a worksheet that lists the general criteria for eligibility for each Public Benefit. The Department of Homelessness and Supportive Housing shall provide this worksheet to all Housing Providers and shall post this worksheet on its website. The Human Services Agency shall regularly update this worksheet to reflect any changes that are made to the laws regarding eligibility for Public Benefits.

(b) The Human Services Agency shall create a consent to release information form that allows the Housing Providers, other service providers, the Human Services Agency, and the Department of Homelessness and Supportive Housing to exchange information regarding the public aid status of the Client. The Department of Homelessness and Supportive Housing shall provide this release to all Housing Providers and shall post this release on its website.

(Added as Sec. 20.54.4 by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; amended by Ord. 116-16, File No. 160638, App. 6/29/2016, Eff. 7/29/2016; redesignated and amended by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

Nothing in this Article VI shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Added as Sec. 20.54.5 by Ord. 1-16, File No. 150624, App. 1/19/2016, Eff. 2/18/2016, Oper. 4/18/2016; redesignated by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

In enacting and implementing this Article VI, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)

If any section, subsection, sentence, clause, phrase, or word of this Article VI, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 3-21, File No. 201185, App. 1/15/2021, Eff. 2/15/2021)