Habitability Explained (San Francisco)

In San Francisco, safe and habitable housing is a fundamental right for all tenants, regardless of their immigration status. This page will explore the legal protections and resources available to ensure every resident has access to safe, well-maintained housing.

For an understanding of rights as an undocumented tenant, see our Basic Rights guide here.

IMPORTANT: Immigration Status Does Not Affect Housing Rights

California law enforces all its rights to safe housing to ALL renters, irrespective of their immigration status. Under California Civil Code Section 1941.1, every tenant is entitled to:

- Working heat and hot water
- Leak-free walls and roof
- Safe electrical systems
- Functioning plumbing
- Pest control
- Proper locks
- Smoke detectors

Landlords who fail to meet these standards may face legal consequences, including fines, mandatory repairs, and rent refunds.

Red Flags: Recognizing Illegal Landlord Behavior

It's crucial to be aware of actions that indicate your landlord is violating your habitability rights. Some warning signs include if your landlord is:

- Ignoring or refusing repair requests (urgent repairs, such as water, heat, plumbing, and smoke detectors must be addressed within 1-2 days; non-urgent repairs should be repaired within 30 days of reporting)
- Refusing to address unsafe conditions – including flooding, leaks, and exposed electrical wiring
- Harassing, threatening, or refusing to serve you due to immigration status or another discriminatory reason, such as age, religion, language, gender/sex, and nationality.

These behaviors are illegal and can be grounds for legal action.

Documenting & Reporting Habitability Issues

If you're facing habitability problems, it's essential to:

1. Take clear photos of the issues

2. Send repair requests in writing

3. Note dates of all requests

4. Keep all receipts and copies of correspondence
This documentation will be crucial if you need to seek support or file a complaint.

After notifying your landlord in writing about repair issues, and your issues persist, you have two main options:

1. Find a Tenants’ Rights Counselor. Non-profit organizations such as the Bill Sorro Housing Program, San Francisco Tenants Union, and the Housing Rights Committee can all help you deal with landlord abuse and tenants’ rights issues.

2. File a complaint directly with the Department of Building Inspections (DBI)

   • File Online: https://www.sf.gov/report-building-problem

   • Dial 311 to file a complaint over the phone
     **If you suspect that your unit may be illegal, contact a counselor BEFORE DBI.**

Resources for Tenants in San Francisco

If you believe your rights as a tenant have been violated, several organizations in San Francisco can provide assistance:

• Department of Building Inspection: Where you can report habitability and repair issues in your rental unit.

• San Francisco Tenants Union: Offers counseling services and tenant rights information.

• Housing Rights Committee: Provides free counseling for various types of housing, including rent-controlled units, SROs, public housing, and Section 8.

• Eviction Defense Collaborative: The primary organization for eviction defense in San Francisco.

• SF Rent Board: Handles rent control issues and illegal rent increases.

• La Raza Community Resource Center: Offers food, housing, and legal support free of charge.

• Asian Law Caucus: Provides free legal support for AAPI households.

Every tenant in San Francisco deserves safe and habitable housing, regardless of their immigration status. By understanding your rights and the resources available, you can ensure that your living conditions meet the required standards. If you face any issues, don't hesitate to reach out to the organizations listed above for support and guidance.

Remember, your right to safe housing is protected by law. Stay informed and advocate for your rights as a tenant in San Francisco.