Any increase in excess of the annual increase, plus available banked increases, requires a petition to the Rent Board. There are SIX types of increases that a landlord may file. They are as follows:
1. Capital improvement pass-throughs.
2. Operating and maintenance expense increases.
3. Special circumstances increases based on rent for comparable units.
4. Rent increases based on past rent history of a Prop I affected unit.
5. Utility pass-throughs.
6. Rules and Regulations Section 1.21 increases where there is not a tenant in occupancy.
If you are not sure HOW to go about doing this, I am always here for a consult.
As Always, Ms. Merrie
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2 comments:
Good afternoon,
I came across your information while I was researching laws or ways to resolve the noise problems we're having. My husband and I live in a three-unit building in the Castro. About a year ago, two women moved downstairs and have greatly decreased the quiet enjoyment of our living space. Since these neighbors moved in, we have been woken up or disturbed dozens of times (usually two or three times per week) by bass-filled music, live guitar, singing, loud laughing, door slamming, and other noise. There is also very loud music being played during the day which proves difficult because I work from home a couple days per week and need to make phone calls for work. At times, the music is so loud, it reverberates my desk. Unfortunately, we do not have a resident manager on site and our property manager has not proven helpful.
To resolve this issue ourselves, we've left notes, spoken with these neighbors directly about the noise, banged on their front door and asked them to turn down the music in the middle of the night, and mentioned that we'd bring this complaint to the landlord. Last night, their music started at around 3 a.m. and continued for about an hour and a half as three or four people played guitar, laughed, and sang in the bedroom below ours. We've asked them to please refrain from playing loud music after midnight (quite generous given that our lease states that quiet hours are from 10 p.m. to 7 am.) We've asked that they try to be mindful that we are on different schedules and that we sleep in the middle of the night when they're playing loud music. They apologize and agree, but then a few days later we're woken up or disturbed again.
I've had so many nights of being woken up and losing sleep that it's really starting to wreak havoc on my health. Unfortunately, we cannot afford to move at this time or we definitely would. Our landlord says they don't get involved in these types of disputes so we need resolve it ourselves or call the police. We haven't called the police, mostly because we feel the police have more important crimes and more pressing issues. I'm also not sure if the police would be willing to file a report (so that we'd have proof to bring to the landlord.)
Do you have any suggestions for ways to resolve this issue? We love our apartment and have no other issues except with these noisy tenants.
Do you know what are rights are around this? Are there mediation services or ways to get our landlord involved? Thanks for any help or advice.
All the best,
AK
Dear AK,
Your landlord should be the one to take care of the situation. But, it sounds like they are not assisting, so the Rent Board might be able to help. They have free counseling services. Here is the link:
http://www.sfgov.org/site/rentboard_index.asp?id=5990
Please call me if you need specific consult.
-Ms. Merrie
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