Chapter 41D — RESIDENTIAL HOTEL VISITOR POLICIES

Sec. 41D.1. Title.

Sec. 41D.2. Purpose.

Authority of the Single Room Occupancy Hotel Safety and Stabilization Task Force,

Sec. 41D.3. Approval of the Initial Uniform Visitor Policy for Residential Hotels, and Subsequent

Authority of the Residential Rent Arbitration and Stabilization Board.

Sec. 41D.4. Required Goals for the Uniform Visitor Policy and Any Supplemental Visitor Policies.

Sec. 41D.5. Hotel Operator Petitions for Supplemental Visitor Policies.

Review and Amendment of the Uniform Visitor Policy, and Amendment of Criteria and Sec. 41D.6. Procedures for Approving Supplemental Visitor Policies.

Sec. 41D.7. Hotel Occupant Petitions for Violation of this Chapter.

Sec. 41D.8. Limitation of Liability.

Sec. 41D.9. Severability.

This Chapter shall be known as the Residential Hotel Visitor Policy Ordinance. For purposes of this Chapter, “Residential Hotel” shall have the same meaning as that set forth in Administrative Code Section 41.4, except that housing sites operated by non-profit organizations for the purpose of providing housing and supportive services to victims and survivors of domestic violence, as confirmed by the Department on the Status of Women or its successor(s), shall be exempt from the requirements of this Chapter.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002; Ord. 7-07, File No. 061538, App. 1/18/2007; Ord. 38-17, File No. 161291, App. 2/17/2017, Eff. 3/19/2017)

The purpose of this ordinance is to establish a mechanism for the review and approval of Visitor Policies for the City's Residential Hotels. Such policies shall be designed to protect the safety, welfare and dignity of guests and occupants of Residential Hotels in the City. Pursuant to Police Code Section 919.1, operators, employees or agents of Residential Hotels may not impose or collect a fee for any person to visit a guest or occupant of the hotel, nor restrict visitors to guests or occupants of these hotels except in accordance with an approved Visitor Policy, as set forth in this Chapter.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001)

(a) The Single Room Occupancy Hotel Safety and Stabilization Task Force ("SRO Task Force") was created by Board of Supervisors Resolution No. 868-99. In addition to the duties and obligations imposed by that resolution, the Task Force was authorized by Ordinance No. 135-01 to carry out

the requirements of this Chapter for initial approval of a Uniform Visitor Policy for Residential Hotels (Uniform Visitor Policy). The Task Force fulfilled this responsibility on December 5, 2001, by adopting the initial "Uniform Visitor Policy in SRO Hotels."

(b) Following SRO Task Force approval of the initial Uniform Visitor Policy, the Residential Rent Stabilization and Arbitration Board is authorized to review and amend the Uniform Visitor Policy from time to time, to establish criteria and procedures for approval of Supplemental Visitor Policies, and to hear and determine complaints of non-compliance with the provisions of this Chapter. No Visitor Policy may be implemented or enforced prior to its approval in accordance with this Chapter.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002)

(a) The Uniform Visitor Policy and any Supplemental Visitor Policies shall meet the following goals:

(1) To enhance the safety and welfare of guests and occupants of Residential Hotels;

(2) To ensure the dignity and personal freedom of guests and occupants of Residential Hotels and their visitors by eliminating unnecessary restrictions on the ability of guests and occupants of Residential Hotels to conduct their personal and social lives in the manner that they choose.

(3) To prevent harassment or other inappropriate interference by Residential Hotel operators, employees or agents with the personal and social lives of Residential Hotel guests and occupants and their visitors.

(4) To respect the privacy rights and right to quiet enjoyment of other Residential Hotel guests and occupants.

(5) To recognize the obligation of SRO operators to maintain the safety of the premises.

(6) To incorporate and to be consistent with the provisions of Police Code Section 919.1(a).

(7) To ensure that a SRO guest or occupant may bring on the premises visitors to assist the SRO guest or occupant with "get out the vote activities" on the same basis as any other visitor under the Uniform Visitor Policy. For the purposes of this subsection, the term "get out the vote activities" means any activity that has as its primary purpose encouraging SRO guests and occupants to exercise their right to vote, including but not limited to distributing handbills, door hangers and flyers, as well as providing assistance with transportation to the polls.

(8) To ensure that census workers be allowed access to Residential Hotels during the hours of 9 a.m. until 8 p.m. for the purpose of census activities. For the purposes of this subsection, the term "census activities" means any activity that has as its primary purpose encouraging SRO occupants to participate in the census, including but not limited to conducting surveys and distributing handbills, door hangers and flyer related to the census. For the purposes of this subsection, the term "census worker" means an official employee of the U.S. Census Bureau or of an organization contracted by the City and County of San Francisco to perform Census outreach and education. Census employees shall present valid identification issued by the Bureau to a front desk clerk or property management staff. Employees of City-funded census outreach organizations shall present documentation from the Office of Citizen Engagement and Immigrant Affairs confirming that they are contracted with the City for Census outreach.

(b) However, nothing in the Uniform Visitor Policy or any Supplemental Visitor Policy shall encourage or allow any hotel to exceed its approved maximum occupancy under State or Local fire safety laws.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002; Ord. 213-07, File No. 070590, App. 9/21/2007; Ord. 48-10, File No. 100023, App. 3/17/2010)

(a) The operator of a Residential Hotel wishing to add a Supplemental Visitor Policy to the Uniform Visitor Policy may petition the San Francisco Residential Rent Stabilization and Arbitration Board for approval of a proposed Supplemental Policy. A Supplemental Visitor Policy must be consistent with the Uniform Visitor Policy, the goals required by Section 41D.4, and other requirements of this Chapter.

(b) The Rent Board shall conduct a public hearing on the proposed Supplemental Visitor Policy, and either approve the proposed policy and notify the operator in writing, or disapprove and return the proposed policy to the operator with a written explanation of the reasons why the proposed policy does not meet the requirements for approval.

(c) Once approved, a Supplemental Visitor Policy may be subject to periodic review by the Rent Board. The Rent Board may require revisions to an approved Supplemental Visitor Policy where necessary in order to bring the policy into conformity with Uniform Visitor Policy amendments or other applicable law or regulations, or to insure ongoing compliance with the goals required by Section 41D.4. The Rent Board may also withdraw approval of an approved Supplement Visitor Policy upon finding that the policy no longer meets the requirements for approval.

(d) A public hearing or meeting noticed under this Section 41D.5, shall be noticed for a minimum of ten (10) days. Notice shall be provided to operators, occupants, law enforcement, health and human service agencies, and interested organizations, according to Rent Board rules and regulations promulgated for this purpose.

(e) The Uniform Visitor Policy and Supplemental Visitor Policy shall be posted on a minimum 8½ inch by 11-inch sign in the lobby of each Residential Hotel in an area accessible to guests and occupants.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002)

(a) The Rent Board shall conduct an annual public hearing to review the Uniform Visitor Policy and adopt amendments as determined to be appropriate under the goals and requirements of this Chapter. The Rent Board may also consider and adopt amendments to the Uniform Visitor Policy at other publicly noticed meetings, as needed to effectuate the goals and requirements of this Chapter. Amendments may be proposed by the Rent Board and its Executive Director, and as permitted under Section 41D.6(c).

(b) The Rent Board may conduct a public hearing to review the criteria and procedures for approving Supplemental Visitor Policies and adopt amendments, as determined to be appropriate under the goals and requirements of this Chapter. Amendments may be proposed by the Rent Board and its staff, and as permitted under Section 41D.6(c).

(c) Interested parties, including, but not limited to, operators, guests and occupants, visitors, law enforcement, health and human service agencies and interested organizations may request that the Rent Board amend the Uniform Visitor Policy or amend the criteria and procedures for approval of Supplemental Visitor Policies. Placement of such requests on a Rent Board agenda or notice of hearing shall be at the discretion of the Rent Board and its Executive Director.

(d) A public hearing or meeting noticed under this Section 41D.6 shall be noticed for a minimum of ten (10) days. Notice shall be provided to operators, occupants, law enforcement, health and human service agencies, and interested organizations, according to Rent Board rules and regulations promulgated for this purpose.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002)

(a) A current or former residential hotel occupant who believes that the hotel has not acted in compliance with the Uniform Visitor Policy or any approved Supplemental Policy, or who believes that the hotel has not otherwise acted in compliance with the provisions of this Chapter 41D, may petition the Rent Board for a reduction in rent.

(b) Upon a finding of violation following a hearing, the Rent Board may order a reduction of rent for the aggrieved occupant.

(c) The Rent Board may promulgate Rules and Regulations for the mediation and arbitration of such occupant petitions, including provision for mediation and/or hearing and decision by Administrative Law Judge, with a right of appeal to the Rent Board.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001; amended by Ord. 62-02, File No. 020343, App. 5/3/2002)

By adopting this Residential Hotel Visitor Policy Ordinance, the City and County of San Francisco 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. 135-01, File No. 010526, App. 7/6/2001)

If any provision, subdivision, section, paragraph, phrase or clause of this Chapter or the application thereof is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Chapter. The remainder of this Chapter shall remain effective and enforceable to the fullest extent allowed by law. All clauses and provisions of this Chapter are hereby declared to be severable.

(Added by Ord. 135-01, File No. 010526, App. 7/6/2001)