No Heat??!!

    San Francisco can get cold.  If your landlord is neglecting your heating system its not only inconsiderate, it's also against the law.  If you are suffering from no (or inadequate) heat, then your landlord is violating the San Francisco Housing Code as well as your warranty of habitability. Landlords who fail to provide heat can be sued, fined by the city, or face tenant actions such as rent withholding or repair & deduct.

What The Law Says
    According to Section 701 of the San Francisco Housing Code, landlords must provide heat capable of maintaining a room temperature of 68 degrees (at a point three feet above the floor) This is based on an outside temperature of 35 degrees, so there is no excuse for heat less than 68 degrees when its 40 or 45 degrees out.  This level of heat must be provided for at least thirteen hours, specifically from 5:00 AM to 11:00 AM and 3:00 PM to 10:00 PM.

What You Should Do
    1. Notify Your Landlord.  With something as necessary as heat, you probably want to tell him right away over the phone or in person.  Follow it up with a letter & keep a copy.  Tell him what the law is and if the problem isnt fixed you will call the Bureau of Building Inspection and have him cited for breaking the law.
    2. Contact the Department of Building Inspection.at 1660 Mission Street.  You should request an inspection.  It usually works better if you contact them in person and submit a written complaint.  Be persistent and try to talk to the actual inspector.
    3. If you are covered under rent control, petition the Rent Board to decrease your rent.
    4. You also have rights to repair & deduct or withhold rent.  You should talk to a Tenants Union counselor or an attorney before you exercise these rights.
    5. Talk to an attorney about bringing a lawsuit against your landlord if the problem persists and he fails to do anything about it.
     See Repairs For more information about these options.

Penalties Against Landlords Who Break The Law
    Section 306 of the Housing Code says that landlords can be fined between $500-$1,000 and/or imprisoned for up to six months.  Not providing heat is a crime.  Let your landlord know what the penalty is, but be prepared to take other actions to assert your rights, as the City is reluctant to prosecute landlords.

 

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