Omar Bennett
In San Francisco, high rents have led to the emergence of illegal units, which are constructed without permits from the city and are not built to code. These units are often dangerous and violate various laws. To determine if a unit is legal, one must review the public records at the Department of Building Inspection. According to the San Francisco Rent Board, a rental unit that is not legal with the city is subject to the Rent Ordinance unless it is exempt for other reasons. A room or suite of rooms with one kitchen designed for or occupied by a single family is considered a dwelling unit. A bedroom ideally has a window and a means of egress, with a minimum room size of 70 square feet and a minimum width of 7 feet.
| Characteristics | Values |
|---|---|
| Minimum habitable room size | 70 square feet |
| Minimum room width | 7 feet |
| Minimum ceiling height for habitable rooms | 7'6" |
| Minimum ceiling height for bathrooms, storage, kitchens, and laundry | 7'0" |
| Natural light | 8% floor area |
| Ventilation | 4% floor area (not required if sufficient mechanical ventilation is supplied) |
| Means of egress | One exit |
| Emergency escape and rescue | One exit |
| Door | A real door that locks |
| Windows | Operable from the inside without the use of separate tools |
| Fire-resistant construction | Yes |
| Building permit | Required |
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What You'll Learn
A room without a building permit
In San Francisco, a room without a building permit is considered an illegal unit. This means that the room was constructed without the necessary permits and approval from the city. The primary record for all building construction in San Francisco is the building permit, and without it, a room or unit is illegal.
To determine if a unit is legal, tenants can review the public records at the Department of Building Inspection. If a tenant reports code violations to this department, the inspector may cite the landlord or owner for having an illegal unit. An illegal unit is not the same as a unit with problems like a lack of heat or mould; rather, it is a unit constructed without permits, and therefore not to code.
In San Francisco, landlords may construct illegal units to maximise rent recovery. This can be dangerous as the construction is often not to code, and the city is not involved in the permitting or inspection process. As a result, repair issues and tenant harassment may occur.
There are specific criteria that must be met for a room to be considered a legal dwelling unit in San Francisco. For example, a minimum habitable room size of 70 square feet and a minimum width of 7 feet. There are also requirements for natural light (8% floor area) and ventilation (4% floor area), although these can be substituted with sufficient artificial light and mechanical ventilation.
Additionally, there are regulations surrounding short-term rentals in San Francisco. A short-term residential rental is defined as the rental of all or part of a home for periods of less than 30 nights. To offer a residential unit for short-term rentals, a landlord must obtain a Business Registration Certificate and a certificate from the Office of Short-Term Rentals.
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A room without a means of egress
In San Francisco, a room without a means of egress is illegal. A means of egress is a way to exit the room, such as a door or a window. According to the California Building Code, only one exit or means of egress is required for a habitable room. This is separate from the Emergency Escape and Rescue requirement, which is not a Fire Department mandate.
In San Francisco, a room must have a minimum width of 7 feet and a minimum floor area of 70 square feet to be considered a habitable room. In addition, windows and doors must be openable from the inside without the use of separate tools. This is a retroactive requirement by the San Francisco Building Code to prevent fires, as many fires in units are electrical, and people cannot escape due to locked doors.
To determine if a unit is legal, tenants can review the public records at the Department of Building Inspection. If a unit is found to be illegal, tenants may not have to pay rent and can recover damages. However, it is important to note that reporting an illegal unit may result in the inspector citing the owner, potentially causing issues for the tenant.
In some cases, landlords construct illegal units to maximize rent recovery, which can be dangerous as the construction may not be up to code. These units are often not permitted or inspected by the city, leading to repair problems and tenant harassment.
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A room without adequate sanitation
In San Francisco, a room without adequate sanitation could be considered an illegal unit. An illegal unit is generally one that was constructed without permits from the city and does not meet the required standards for habitation.
Adequate sanitation is a key requirement for any rental unit in San Francisco. The city's building codes and tenant laws outline specific standards that must be met to ensure the health and safety of tenants. These standards include, but are not limited to, the following:
- Clean and sanitary conditions: Landlords are responsible for ensuring that the premises, including all areas under their control at the time of the lease or rental agreement, are clean, sanitary, and free from debris, filth, rubbish, garbage, rodents, and vermin. This also applies to bedding and linen in hotels, which must be kept clean and sanitary for each new guest.
- Garbage receptacles: Landlords are required to provide an adequate number of appropriate garbage receptacles that are in good repair and clean condition.
- Plumbing: The amount of plumbing in a unit is controlled to prevent the illegal conversion of spaces, such as laundry rooms, into habitable rooms.
- Natural light and ventilation: While not strictly related to sanitation, the presence of windows and adequate ventilation is important for maintaining a healthy living environment. The minimum window area for natural light is 8% of the floor area, and for ventilation, it is 4%. However, if sufficient artificial light and mechanical ventilation are provided, these requirements can be waived.
- Means of egress: All rooms must have a real door that locks and either another door or a window to provide a means of escape in case of an emergency.
If a tenant in San Francisco believes their room does not have adequate sanitation, they can contact the Department of Building Inspection to report code violations. It is important to note that tenants who rent illegal units may be able to recover damages and are protected by rent control laws, which means a landlord cannot force them out.
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A room without a rental certificate
In San Francisco, an illegal room or unit is generally one that was constructed without permits from the city. The primary record for all building construction in San Francisco is the building permit. If a unit does not have a permit, it is not a legal unit with the city and is considered illegal.
To determine if a unit is legal, tenants can review the relevant public records at the Department of Building Inspection. If a tenant suspects that they are occupying an illegal unit, they can contact the Department of Building Inspection to report code violations. However, doing so may result in the inspector citing the landlord for having an illegal unit.
In San Francisco, the Rent Ordinance provides rent control and eviction protection for most tenants. This ordinance covers most residential rental units in buildings constructed before June 13, 1979. However, certain types of dwelling units are exempted from the ordinance, regardless of the construction date. These exemptions include units in hotels, motels, inns, and rooming houses, where the tenant has not occupied the unit for 32 consecutive days or more.
It is important to note that renting an illegal unit does not relieve the landlord of their responsibilities under tenant law. Tenants have the right to a clean, sanitary, and safe living environment, regardless of the unit's legality. Landlords are responsible for maintaining the premises, including common areas, in a safe and sanitary condition.
If a tenant suspects that they are occupying an illegal unit without a rental certificate, they can seek legal advice or contact organisations like the Hooshmand Law Group, which has experience in litigating and settling illegal unit cases. Tenants may be able to recover damages, relocation fees, and back rent in certain circumstances.
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A room without the correct ceiling height
In San Francisco, a room without the correct ceiling height may be considered an illegal room. According to the 2007 CBC 1208.2, the minimum ceiling height for habitable rooms is 7'6", while the minimum height for bathrooms, storage rooms, kitchens, and laundry rooms is 7'0".
It is important to note that the legality of a room also depends on other factors, such as having the necessary permits and adhering to fire safety regulations. For instance, in San Francisco, there is a retroactive requirement that states that all doors must be openable from the inside without the use of separate tools or keys, allowing for easy escape in case of a fire.
In addition to ceiling height and fire safety, other factors that contribute to the legality of a room in San Francisco include the presence of windows and doors. While a bedroom is not required to have a window, it is recommended to have a window that can be opened for natural light and ventilation. If sufficient natural light and ventilation are not provided, artificial light and mechanical ventilation must be supplied.
To determine if a room is legal, tenants can review the relevant public records at the Department of Building Inspection. If an inspector identifies an illegal unit, tenants may be able to recover damages and relocation fees, as well as back rent in rare instances. It is important to note that an illegal unit is different from a unit with problems like a lack of heat or mold. An illegal unit is typically constructed without the necessary permits and inspections from the city, which can lead to repair issues and constant landlord harassment.
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Frequently asked questions
An illegal room in San Francisco is generally considered to be a room constructed without permits from the city. The primary record for all building construction in San Francisco is the building permit.
Requirements for a room to be considered legal in San Francisco include:
- Minimum room size of 70 square feet
- Minimum room width of 7 feet
- Minimum ceiling height of 7 feet (7 feet and 6 inches for habitable rooms)
- Adequate natural light (8% floor area) and ventilation (4% floor area) or sufficient artificial light and mechanical ventilation
- One exit and one emergency escape and rescue route
If you think you are renting an illegal room in San Francisco, you should contact the Department of Building Inspection. They will be able to review the relevant public records and advise on the legality of the unit. Tenants who report code violations should be aware that the inspector might cite the landlord for having an illegal unit.
