SEC. 39.4. REQUIREMENTS FOR AGREEMENTS FOR FINANCIAL ASSISTANCE; RIGHT TO RETURN TO A…

Every officer and employee of the City shall include in any Agreement a provision requiring the recipient of the Financial Assistance, as a condition of receiving the Financial Assistance, to provide (i) Current Households with a Replacement Unit as provided in subsection (a)(1) and a review of relocation plans as provided in subsection (a)(2), (ii) Former HOPE SF Households with a priority to apply for and occupy a Replacement Unit at a Revitalized Housing Development as provided in subsection (b), or (iii) Current Households, Member of a Current Household, or Former HOPE SF Households with a priority to apply for and occupy a Tax Credit Unit at a Revitalized Housing Development as provided in subsection (c). In addition, the recipient of the Financial Assistance shall be required as a condition of receiving the Financial Assistance, to include these requirements in any

contract with SFHA regarding the Public Housing Development Project. Every officer and employee of the City who enters into such Agreement shall confer with the City Attorney’s Office in drafting and negotiating the provisions thereof in order to implement these requirements, including the provision of appropriate remedies for violation of the Agreement.

(a) Right to Replacement Unit. Subject to Section 39.4(a)(1), all Current Households whose tenancy at the Existing Public Housing Development Project was not lawfully terminated prior to or after the Initiation Date, unless such lawful termination was done pursuant to the relocation plan in connection with the Public Housing Development Project, shall have a right to, and the highest priority for, a Replacement Unit at the New

Development or, if applicable, for an Offff-Siteite [1] Replacement Unit. As part of a Revitalized Housing Development, any Current Household that moves to a Temporary Relocation Unit shall retain the right to an on-site Replacement Unit at such Revitalized Housing Development as a Current Household and is not considered a Former HOPE SF Household under Section 39.4(b).

(1) Eligibility and Screening Criteria. Current Households shall be deemed eligible for a Replacement Unit, and shall not be subjected to any eligibility or screening criteria for a Replacement Unit other than income eligibility restrictions that may apply to a suitable Replacement Unit due to a subsidy affecting the unit.

(2) Review of Relocation Plan. The recipient of Financial Assistance shall obtain a review by the City department providing the Financial Assistance of any relocation plan drafted for a Public Housing Development Project. The recipient of Financial Assistance shall present the proposed relocation plan to the applicable City department at least 30 days prior to adoption and request that the City department submit comments regarding the plan or policy in the form of a memorandum to the entity responsible for adopting the final plan. If the City department decides not to take a position or does not seek to provide comment, it shall issue a memorandum to the appropriate entity stating as such.

(b) Former HOPE SF Household Right to Return to a Replacement Unit.

(1) Priority for Replacement Units. After all Current Households have had the opportunity to occupy available Replacement Units completed during any phase of a Revitalized Housing Development, eligible Former HOPE SF Households shall have the right to return to a Revitalized Housing Development from where they moved from and priority for occupancy of an available Replacement Unit located at such Revitalized Housing Development over any and all lists maintained by MOHCD, SFHA, or any other public agency. A Former HOPE SF Household may exercise its right to return to the Revitalized Housing Development where it moved from by submitting an application to rent any available Replacement Unit that is not needed to permanently house a Current Household.

(2) Eligibility. MOHCD shall establish and administer a process for a household to verify the household’s status as a “Former HOPE SF Household” that, at a minimum, shall require a household to provide written, verifiable documentation of the following: (A) each Former HOPE SF Household shall satisfy the affordable housing and/or financial requirements applicable to the Replacement Unit, as approved by MOHCD and/or SFHA, as applicable; and (B) proof of residency at a Former Public Housing Development, in MOHCD’s reasonable discretion, including, without limitation, at least one of the following: (i) landline phone bills, (ii) cable or internet bills, (iii) paystubs, (iv) benefits records, including health insurance, (v) school records, (vi) letter from SFHA verifying residency, (vii) lease with the household as tenant, (viii) City identification card; or (ix) other evidence sufficient to establish, in MOHCD’s reasonable discretion, that the household resided at a Former Public Housing Development. Upon accepting and occupying a Replacement Unit using the priority under this Section 39.4(b), a Former HOPE SF Household shall no longer be eligible for a priority under this Section 39.4(b).

(c) Priority for Tax Credit Units.

(1) Tax Credit Units. Any Current Household, Member of a Current Household, or Former HOPE SF Household shall have priority to remain in or return to, as applicable, a Revitalized Housing Development and the highest priority for occupancy of any available Tax Credit Unit over any priorities related to Tax Credit Units, all affordable housing preferences under Administrative Code Chapter 47, and/or all lists maintained by MOHCD, SFHA, or any other public agency.

(2) Eligibility. MOHCD shall establish and administer a process for a household to verify the household’s status as a resident of a Former Public Housing Development as a Current Household, Member of a Current Household, or a Former HOPE SF Household that, at a minimum, shall require a household to provide written, verifiable documentation of the following: (A) Each household shall satisfy the affordable housing and/or financial requirements applicable to a Tax Credit Unit, as approved by MOHCD; and (B) each household shall provide sufficient evidence of residency, in MOHCD’s reasonable discretion, at a Former Public Housing Development, including, without limitation, at least one of the following: (i) landline phone bills, (ii) cable or internet bills, (iii) pay stubs, (iv) benefits records, including health insurance, (v) school records, (vi) letter from SFHA verifying residency, (vii) Member of a Current Household listed under a lease with SFHA, (viii) City identification card; or (ix) other evidence sufficient to establish, in MOHCD’s reasonable discretion, that the household resided at a Former Public Housing Development. Upon a household accepting and occupying a Tax Credit Unit using the priority under this Section 39.4(c), such household shall no longer be eligible for a priority under this Section 39.4(c).

(d) Implementation. MOHCD shall implement the priorities of this Section 39.4 by developing procedures and amending its applicable regulations or policies. The requirements of this subsection (d) are directory rather than mandatory. For purposes of this Chapter 39, a household has the burden of proof to demonstrate that it is eligible as a Former HOPE SF Household or Member of a Current Household. If a household disputes MOHCD’s determination that it does not qualify as a Former HOPE Household or Member of a Current Household, such household shall have the right to a hearing conducted by a Rent Board Administrative Law Judge (as defined in Administrative Code Section 37.2(f)), with MOHCD as the responding party.

(Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012; amended by Ord. 287-19, File No. 191000, App. 12/20/2019, Eff. 1/20/2020)

(Former Sec. 39.4 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

CODIFICATION NOTE

1. So in Ord. 287-19.