§ 20.18

(a) Findings.

(1) As of the San Francisco Department of Homelessness and Supportive Housing’s 2019 “Point in Time” Count measuring the prevalence of homelessness, there were approximately 8,035 unhoused individuals in San Francisco. To combat homelessness and assist these individuals, San Francisco has developed a portfolio of shelters ranging from traditional models to more recent innovations like navigation centers and safe sleep sites. Each shelter establishes rules governing shelter client conduct and, if a shelter client breaks a rule, the shelter can either issue a warning and impose a

non-immediate denial of service, or impose an immediate denial of service. If a client is denied service, this may result in an unhoused individual losing the individual’s place in the shelter, often exiting back to the street.

(2) To prevent unnecessary exits to the street, and to define the rights of shelter clients, the Human Services Commission adopted the Shelter Grievance Policy on April 23, 1992, and, since August 25, 2016, the Department of Homelessness and Supportive Housing has administered this policy. The policy consists of a two-stage appeals process that allows shelter clients to dispute their denials of service. These appeals often result in an agreement between the shelter and client—remedying the underlying denial of service, allowing the client to remain in the shelter, and reducing the likelihood of a repeat rule violation.

(3) The Shelter Grievance Policy helps keep the City’s unhoused individuals in shelters and off the streets, while also providing a dispute resolution process for clients accused of violating shelter rules. Although this Shelter Grievance Policy has been incredibly successful in accomplishing both goals for three decades, the policy itself has not been codified in the Municipal Code.

(4) Ensuring each shelter that receives City funding has a transparent set of rules and rights for their clients, including the right to a fair and speedy appeals process, creates accountability and increases the quality of the shelter system.

(b) Purpose. The purpose of this Article XVIII is to codify the Shelter Grievance Policy with appropriate revisions and establish transparent standards by which shelter clients may appeal a denial of service.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

For purposes of this Article XVIII:

“Arbitration” means a hearing conducted by an arbitrator adjudicating a Shelter Hearing decision that was unfavorable to a Client.

“City” means the City and County of San Francisco.

“Client” means an individual receiving Services from a Shelter.

“Denial of Service” means either an Immediate Denial of Service or a Non-Immediate Denial of Service. A Denial of Service includes denials issued for a Client’s failure to meet shelter eligibility criteria.

“Denial of Service Notice” means a notice issued by a Shelter to a Client that the Shelter intends to deny Service to the Client.

“Department” means the Department of Homelessness and Supportive Housing.

“Director” means the Director of the Department of Homelessness and Supportive Housing or the Director’s designee.

“Immediate Denial of Service” means a denial of Service due to a Rule violation that threatens the health or safety of Shelter staff or Clients and results in the Shelter immediately removing the Client from the Shelter.

“Non-Immediate Denial of Service” means a denial of Service due to a Rule violation that does not threaten the health or safety of Shelter staff or Clients.

“Rule” means a regulation governing Client behavior established by a Shelter.

“Service” means temporary shelter services offered by a Shelter.

“Shelter” means a facility, outdoor location, or resource center, funded in whole or in part by the City, providing temporary shelter services for homeless single adults, youth, or families. “Shelter” shall not include domestic violence shelters; adult probation transitional housing; and Single Room Occupancy (SRO) hotels that are not operated by the City as temporary accommodations for emergency housing.

“Shelter Client Advocate” means any individual, group, or organization that provides advocacy or representation services for Clients.

“Shelter Grievance Policy” means the policy established by this Article XVIII governing grievance procedures and appeals for Clients.

“Shelter Hearing” means a hearing conducted by a Shelter to adjudicate a Denial of Service.

“Warning Notice” means a notice issued by a Shelter to a Client due to a Rule violation that does not threaten the health or safety of Shelter staff or Clients.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

The Department shall administer the Shelter Grievance Policy. The Director shall establish regulations for the proper administration of the Shelter Grievance Policy consistent with this Article XVIII. The Shelter Grievance Advisory Committee shall advise the Department and the Director on administration of the Shelter Grievance Policy and the regulations promulgated thereunder. Whenever any discretion as to the exercise of authority is given to the Director by this Article or by a regulation, the Director shall exercise said discretion only in so far as the same is necessary to protect the health or safety of the Clients, the Shelter and its employees, or the public, or to promote the reasonable, humane, and efficient operation of the Shelter. The Shelter Grievance Policy and any regulations promulgated pursuant to the Shelter Grievance Policy shall apply to the Shelter operations of all City departments that fund or contract with Shelters. All contracts between the City and Shelters shall include a provision that requires each Shelter to adhere to the Shelter Grievance Policy.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

(a) Rule Violation. A Shelter shall issue either a Warning Notice or Denial of Service Notice when a Client violates a Rule. If the Shelter does not issue a Warning Notice or Denial of Service Notice, the Shelter may not assert the violation of the Rule as a basis for sanctioning the Client or denying Service. Shelters shall post all Rules in a Shelter common area and may not deny Service for a change in Rules that the Shelter has not posted in writing in a Shelter common area. Shelter staff must witness a Rule violation before issuing a Warning Notice or Denial of Service Notice except in

such circumstances as defined by the Department, and the notice must be issued or approved by a Shelter staff member trained on this Shelter Grievance Policy. Denial of Service Notices or Warning Notices may not be issued for behavior occurring outside the Shelter, except for threats or acts of violence committed by a Client within 200 feet from a currently used Shelter access door, and also in such circumstances as defined by the Department and as necessary to prevent an immediate threat to the health, safety, or welfare of Clients and Shelter staff or of members of the public.

(1) Non-Immediate Denial of Service. When a Client violates a Rule in the Non-Immediate Denial of Service category, a Shelter must issue a Warning Notice before issuing a Denial of Service Notice. A Shelter must issue a Warning Notice within 24 hours of the Rule violation and a Warning Notice is effective for 30 days from the date the Client receives the notice. A Shelter may deny Service to a Client who violates the same Rule within the 30-day effective period of an existing Warning Notice. A Shelter may not deny Service to a Client who violates a different Rule within the 30-day effective period of an existing Warning Notice, provided that, a Shelter may deny Service to a Client who receives an excessive number of Warning Notices for different Rule violations within the 30-day period of an existing Warning Notice. Each Shelter shall define “excessive number of Warning Notices” in the Shelter’s written Rules, provided that the Department may in its regulations establish criteria for defining an excessive number of Warning Notices. If a Shelter denies Service to a Client, it must issue a Denial of Service Notice within 48 hours of the final Warning Notice.

(2) Immediate Denial of Service. When a Client violates a Rule in the Immediate Denial of Service category, a Shelter must issue a Denial of Service Notice, but is not required to issue a Warning Notice. A Shelter must issue a Denial of Service Notice for an Immediate Denial of Service at the time of the Rule violation, or as soon thereafter as is reasonably feasible.

(b) Written Notice. A Warning Notice or Denial of Service Notice must be written. Such notice must state (1) the reason for the warning or denial; (2) length of suspension of Service, if applicable; (3) an explanation of the Shelter Grievance Policy in this Article XVIII; (4) an explanation of the good cause policy in Section 20.18-7; (5) contact information for Shelter Client Advocate services; and (6) the ability of a Client to receive Service while pursuing an appeal of a Non-Immediate Denial of Service, as provided in Sections 20.18-5(b) and 20.18-6(b). Shelter staff shall also verbally communicate the contents of the written notice to the Client except in such circumstances as defined by the Department. The Department shall provide forms of written notice to Shelters, and the Department shall translate such forms into the language(s) spoken by a Substantial Number of Limited English-Speaking Persons, as required by Chapter 91 of the Administrative Code.

(c) Language Access. Shelter staff shall translate any written notice into the languages spoken by Clients and shall provide oral interpretation or translation services of verbal communications related to the Rule violation, notice, and any subsequent administrative proceeding in the language of the Client.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

(a) A Client, either personally or through a Shelter Client Advocate, may appeal a Denial of Service by requesting a Shelter Hearing verbally or in writing to any Shelter staff within five business days from the date on which the Client received a Denial of Service Notice. If the Client does not request a Shelter Hearing within five business days, the Shelter shall not grant a hearing except in cases of good cause, as defined in Section 20.18-7.

(b) If a Shelter denies Service to a Client for a Non-Immediate Denial of Service and the Client timely requests a Shelter Hearing, the Client shall continue to receive Service and remain in the Shelter until the current Shelter stay expires or until the Shelter issues a decision at the conclusion of a Shelter Hearing, whichever is earlier.

(c) After the Client requests a Shelter Hearing, the Shelter shall establish a time and place for the hearing and the Shelter shall provide the Client with written notice of the date and time of the Shelter Hearing promptly upon its establishment. Either party may request a neutral hearing location and, upon a Client’s request or its own initiative, the Shelter shall contact the Department to secure a neutral hearing location. The Shelter shall not schedule a hearing date for a time earlier than one business day or later than three business days after a Client’s Shelter Hearing request, provided that, a Client may waive the timing requirements. The Shelter shall also notify any Shelter Client Advocate advocating for or representing the Client of the scheduled Shelter Hearing. If the Client requests an advocate or other representative to be present at the hearing, the Shelter may not hold a hearing earlier than 24 hours from the time of the request for an advocate unless the Client waives the 24-hour waiting period. The Client shall attend the Shelter Hearing and may, but is not required to, attend with an advocate or other representative. If the Client fails to appear, the Client will be deemed to have waived any right to pursue the grievance, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the Shelter shall reschedule the Shelter Hearing.

riod. The Client shall attend the Shelter Hearing and may, but is not required to, attend with an advocate or other representative. If the Client fails to appear, the Client will be deemed to have waived any right to pursue the grievance, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the Shelter shall reschedule the Shelter Hearing.

(d) The Shelter shall designate as an impartial hearing officer a person who did not witness the Rule violation or issue the Client’s Denial of Service. Shelter hearings shall be conducted in an impartial and informal manner. The Shelter shall translate a reasonable amount of written material relevant to, and to be presented at, the Shelter Hearing into the language spoken by the Client and shall provide oral interpretation services of the Shelter Hearing in the language of the Client. The hearing officer may consider all reasonable evidence offered by either party, provided that, neither party may compel the attendance or testimony of witnesses. The Client may bring witnesses to speak on the Client’s behalf. The Shelter is not required to bring other Clients as witnesses, and may offer witness statements of other Clients with names of such witnesses redacted. The hearing officer may not consider evidence concerning a Client’s past criminal history.

(e) The hearing officer shall issue a written decision within 48 hours of completion of the Shelter Hearing. Such written decision shall include: (1) the decision; (2) a reasoned explanation of the decision; (3) information describing how to request an Arbitration; (4) an explanation of the good cause policy; and (5) Shelter Client Advocate information. The hearing officer’s decision may uphold, or overturn the Shelter’s Denial of Service or withdraw the Denial of Service on consent of both the Shelter and the Client. If the hearing officer upholds the Denial of Service, the officer may also modify the Denial of Service by reducing the length of suspension or authorizing an additional opportunity for a Client to receive Service. The hearing officer may not increase the length of suspension, change Rules or individual case management plans agreed to by a Client and Shelter, make an exception to eligibility criteria, or award any other relief.

(f) A Client who prevails at a Shelter Hearing and is not currently residing in a Shelter, shall be entitled to the next available bed at a Shelter, provided that, the Client must claim the bed within 24 hours of when the Client acknowledges receipt of notification of entitlement. A Shelter must notify the Client of such entitlement and the entitlement shall expire within seven calendar days of the Shelter’s notification. The Shelter may, at its discretion, extend the period during which the Client may claim the next available bed. A prevailing Client shall be credited the amount of time for which the Client did not utilize Service due to the Shelter Hearing appeal process.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

(a) A Client, either personally or through a Shelter Client Advocate, may appeal a Shelter Hearing decision with which the Client disagrees by requesting an Arbitration verbally or in writing within three business days from the date of the Shelter Hearing decision. If a Client does not request an Arbitration within three business days, the Client will be deemed to have waived any right to appeal the Shelter Hearing decision and pursue Arbitration, unless the Client demonstrates good cause for having missed the deadline for requesting Arbitration, as defined in Section 20.18-7.

(b) If a Shelter denies Service to a Client for a Non-Immediate Denial of Service, the Client disagrees with the Shelter Hearing decision, and the Client timely requests an Arbitration, the Client shall continue to receive Service and remain in the Shelter until the current Shelter stay expires or until the arbitrator issues a decision at the conclusion of the Arbitration, whichever is earlier.

(c) After the Client requests an Arbitration, the Shelter shall, in coordination with the arbitrator, establish a time and place for the Arbitration. A Shelter shall not schedule an Arbitration hearing date for a time earlier than one business day or later than four business days after a Client’s Arbitration request, provided that, a Client may waive the timing requirements. The Shelter shall notify the Client and any Shelter Client Advocate advocating for or representing the Client of the scheduled Arbitration. If the Client requests an advocate or other representative to be present at the Arbitration, the arbitrator may not hold an Arbitration earlier than 24 hours from the time of the request unless the Client waives the 24-hour waiting period.

(d) The Arbitration shall be held by an arbitrator at a neutral location. The arbitrator shall be an active member of the California bar or an attorney employed by the federal government and an active member of the bar of any state.

(e) An arbitrator shall have the authority to manage and control the Arbitration including, by way of example but not limitation, admitting or barring individuals to the Arbitration or terminating the proceeding due to security concerns, continual disruption, or refusal to respond to the arbitrator’s direction. The Client or the Client’s representative shall attend the Arbitration and the Client may, but is not required to, attend with a Shelter Client Advocate or other representative. If the Client or in the Client’s absence the Client’s representative fails to appear, the Client will be deemed to have waived any right to pursue the Arbitration, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the arbitrator shall reschedule the Arbitration.

required to, attend with a Shelter Client Advocate or other representative. If the Client or in the Client’s absence the Client’s representative fails to appear, the Client will be deemed to have waived any right to pursue the Arbitration, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the arbitrator shall reschedule the Arbitration.

(f) Arbitration proceedings shall be conducted in an impartial and informal manner. The Shelter shall translate a reasonable amount of written material relevant to, and to be presented at, the Arbitration into the language spoken by the Client and shall provide oral interpretation services of the Arbitration in the language of the Client. The arbitrator shall not be bound by the rules of evidence or procedures applicable to judicial proceedings and may consider all reasonable evidence offered by a Client or the Client’s advocate or representative, provided that, neither party may compel the attendance or testimony of witnesses. The arbitrator may only consider evidence offered by the Shelter that either party presented at the Shelter Hearing. The Client may bring witnesses to speak on the Client’s behalf. The Shelter is not required to bring other Clients as witnesses, and may offer witness statements of other Clients with names of such witnesses redacted. The arbitrator may not consider evidence concerning a Client’s past criminal history.

(g) The arbitrator shall render a written decision by the end of the business day following the conclusion of the Arbitration, and such decision shall state the factual findings and grounds for the decision. The result of the Arbitration is considered final and there is no further right of administrative appeal. The arbitrator may uphold or overturn the Shelter’s Denial of Service. If the arbitrator upholds the Denial of Service, the arbitrator may also modify the Denial of Service by reducing the length of suspension or authorize an additional opportunity for a Client to receive Service. The arbitrator may not authorize an increase in the length of suspension, change Rules or individual case management plans agreed to by a Client and Shelter, make an exception to eligibility criteria, or award any other relief. The arbitrator shall furnish a copy of the written decision to the Client.

(h) A Client who prevails at an Arbitration and who is not currently residing in a Shelter shall be entitled to the next available bed at a Shelter, provided that, the Client must claim the bed within 24 hours of when the Client acknowledges receipt of notification of entitlement. A Shelter must notify the Client of such entitlement and the entitlement shall expire within seven calendar days of the Shelter’s notification. The Shelter may, at its discretion, extend the period during which the Client may claim the next available bed. A prevailing Client shall be credited the amount of time for which the Client did not utilize Service due to the Shelter Hearing and Arbitration appeals process.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

For purposes of this Article XVIII, where a Client is required to show “good cause,” good cause may be shown by competent evidence of any of the following: (a) the Client’s hospitalization; (b) the Client’s illness or injury; (c) the Client’s disability; (d) death in the Client’s immediate family; (e) the Client’s arrest or incarceration; (f) other circumstances beyond the Client’s control; or (g) criteria for good cause determined by the Department. The Client has the burden of providing confirmation, by evidence, of facts constituting such good cause. If a Shelter denies a Client’s good cause, the Client may arbitrate that denial under the procedures outlined in Section 20.18-6.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

(a) Reporting. Each Shelter shall provide to the Department, within time frames established by the Department, information on a monthly basis concerning the number of Immediate and Non-Immediate Denials of Service issued to Clients and the resolution of all Shelter Hearings and Arbitrations pertaining to the reporting Shelter.

(b) Annual Review. Each Shelter shall review a Client’s permanent Denial of Service, if the Client requests such review. The review shall be conducted on an annual basis after the date of the permanent Denial of Service. The Client may offer evidence to demonstrate the Client’s eligibility to receive Service and may attend the review with an advocate or representative. A Shelter shall have the authority to rescind the permanent Denial of Service and the Shelter’s review decision is not subject to Arbitration.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

The Department shall provide for a process for a party to file a complaint in the following situations: (a) when a Shelter acts outside its scope of authority under this Article XVIII; (b) when a Shelter hearing officer or an arbitrator acts outside their scope of authority under this Article XVIII; (c) when a Shelter or arbitrator unreasonably rejects a Client’s showing of good cause under Section 20.18-7; or (d) when a hearing officer or arbitrator is accused of bias, prejudice, or interest in the proceeding. The Shelter Grievance Advisory Committee (established in Article XXXVI of Chapter 5 of the Administrative Code) shall hear complaints related to scope of authority and good cause (subsection (a) through (c) of this Section 20.18-9) and make nonbinding recommendations to the Department regarding such complaints. The Department shall take appropriate action to resolve such complaints. The Department shall hear complaints related to hearing officer or arbitrator bias, prejudice, or interest in the proceeding (subsection (d) of this Section 20.18-9), and shall take appropriate action to resolve such complaints.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

If any section, subsection, sentence, clause, phrase, or word of this Article XVIII, 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 this Article. The Board of Supervisors hereby declares that it would have passed this Article and every section, subsection, sentence, clause, phrase, and word not declared invalid and unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)

In enacting and implementing this Article XVIII, 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. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)