SEC. 41.4. DEFINITIONS.

For purposes of this Chapter 41, the following terms shall have the following meanings:

Certificate of Use. Following the initial unit usage and annual unit usage determination pursuant to the provisions of Sections 41.6 and 41.10 below, every hotel shall be issued a certificate of use specifying the number of residential and tourist units herein.

Comparable Unit. A unit which is similar in size, services, rental amount, and facilities, and is designated the same category of housing as the existing unit, and is located within the existing neighborhood or within a neighborhood with similar physical and socioeconomic conditions, and is similarly affordable for low income, elderly, and disabled persons.

Conversion. The change or attempted change of the use of a residential unit to a Tourist or Transient use, or the elimination of a residential unit, or the voluntary demolition of a residential hotel. However, a change in the use of a residential hotel unit into a non-commercial use which serves only the needs of the permanent residents, such as a resident’s lounge, community kitchen, or common area, shall not constitute a conversion within the meaning of this Chapter 41, provided that the residential hotel owner establishes that eliminating or re-designating an existing tourist unit instead of a residential unit would be infeasible.

Disabled Person. A recipient of disability benefits.

Elderly Person. A person 62 years of age or older.

Emergency Housing. A project which provides housing and supportive services to elderly or low-income persons upon leaving a health facility and which has its primary purpose facilitating the return of such individuals to independent living. The emergency housing shall provide services and living quarters pursuant to Section 41.13 herein and may be provided as part of a “transitional housing” project.

Hotel. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes and dwelling purposes by guests, whether rent is paid in money, goods, or services. It includes motels, as defined in Section 401 of the Housing Code, but does not include any jail, health facilities as defined in Section 1250 of the California Health and Safety Code, asylum, sanitarium, orphanage, prison convent, rectory, residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code, residential facilities as defined in Section 1502 of the Health and Safety Code or other institution in which human beings are housed or detained under legal restraint, or any private club and nonprofit organization in existence on September 23, 1979; provided, however, that nonprofit organizations which operated a residential hotel on September 23, 1979, shall comply with the provisions of Section 41.8 herein.

cilities as defined in Section 1502 of the Health and Safety Code or other institution in which human beings are housed or detained under legal restraint, or any private club and nonprofit organization in existence on September 23, 1979; provided, however, that nonprofit organizations which operated a residential hotel on September 23, 1979, shall comply with the provisions of Section 41.8 herein.

Interested Party. A permanent resident of a hotel, or his or her authorized representative, or a former tenant of a hotel who vacated a residential unit within the past 90 days preceding the filing of a complaint or court proceeding to enforce the provisions of this Chapter 41. Interested party shall also mean any nonprofit organization, as defined in this Section 41.4, which has the preservation or improvement of housing as a stated purpose in its articles of incorporation and/or bylaws.

Low-Income Household. A household whose income does not exceed 60% of the Area Median Income as set forth in Charter Section 16.110.

Low-Income Housing. Residential units whose rent may not exceed 30% of the gross monthly income of a Low-Income Household as defined above.

Nonprofit Organization. An entity exempt from taxation pursuant to Title 26, Section 501 of the United States Code.

Operator. The lessee or any person or legal entity whether or not the owner, who is responsible for the day-to-day operation of a residential hotel and to whom a hotel license is issued for a Residential Hotel.

Owner. Any person or legal entity holding any ownership interest in a Residential Hotel.

Permanent Resident. A person who occupies a guest room for at least 30 consecutive days.

Posting or Post. The display of a notice or information in a conspicuous location at the front desk in the lobby of the hotel, or if there is no lobby, in the public entranceway. No material posted may be removed by any person except as otherwise provided in this Chapter.

Residential Hotel. Any building or structure which contains a Residential Unit as defined below unless exempted pursuant to the provisions of Sections 41.5 or 41.7 below.

Residential Unit. Any guest room as defined in Section 401 of the Housing Code which had been occupied by a permanent resident on September 23, 1979. Any guest room constructed subsequent to September 23, 1979, or not occupied by a permanent resident on September 23, 1979, shall not be subject to the provisions of this Chapter 41; provided however, if designated as a residential unit pursuant to Section 41.6 of this Chapter or constructed as a replacement unit, such residential units shall be subject to the provisions of this Chapter.

Tourist Hotel. Any building containing six or more guest rooms intended or designated to be used for commercial tourist use by providing accommodation to transient guests on a nightly basis or longer. A tourist hotel shall be considered a Hotel use as defined in Planning Code Section 102 and shall not considered [1 ] Group Housing as defined in Planning Code Section 102.

Tourist or Transient Use. For two years after the effective date of Ordinance No. 36-23 in Board of Supervisors File No. 220815, “Tourist or Transient Use” shall mean any use of a guest room for less than a 7-day term of tenancy by a party other than a Permanent Resident. After that twoyear period, “Tourist or Transient Use” shall mean any use of a guest room for less than a 30-day term of tenancy by a party other than a Permanent Resident, unless a hotel owner or operator demonstrates, in accordance with the process and factors described in Section 41.23, that a longer time is necessary to recover reasonable investments in the owner or operator’s hotel.

Tourist Unit. A guest room which was not occupied on September 23, 1979, by a permanent resident or is certified as a Tourist Unit pursuant to Sections 41.6, 41.7, or 41.8 below. Designation as a tourist unit under this Chapter 41 shall not supersede any limitations on use pursuant to the Planning Code.

Transitional Housing. A project which provides housing and supportive services to homeless persons and families or Low-Income Households at risk of becoming homeless which has as its purpose facilitating the movement of homeless individuals or at-risk Low-Income Households to independent living within a reasonable amount of time. The Transitional Housing shall provide services and living quarters as approved by the Planning Commission that are similar to the residential unit being replaced pursuant to Section 41.13 herein and shall comply with all relevant provisions of City ordinances and regulations.

(Added by Ord. 121-90, App. 4/12/90; amended by Ord. 38-17,* File No. 161291, App. 2/17/2017, Eff. 3/19/2017; Ord. 102-19,* File No. 190049, App. 5/31/2019, Eff. 7/1/2019; Ord. 56-20, File No. 191258, App. 4/10/2020, Eff. 5/11/2020; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 36-23, File No. 220815, App. 3/24/2023, Eff. 4/24/2023)

CODIFICATION NOTE

1. So in Ord. 63-20.

*Editor’s Note:

Ord. 56-20, except as stated in Section 4 thereof, repealed Ords. 38-17 and 102-19, restoring the text of this Section as it existed prior to adoption of Ord. 38-17. Ord. 56-20 then amended the restored text. Section 4 of Ord. 56-20 provides: “To the extent Ordinance No. 38-17 amended any cross-references to Section 41.4 in the Municipal Code to reflect the removal of the letter designations in Section 41.4, [...] that feature – and only that feature – of Ordinance No. 38-17 is not repealed.”