What is the Right to Repairs?

In middle school, my mother and I lived in a one-bedroom apartment that was overflowing with cockroaches. The air conditioner didn’t work, and in the summertime, it was positively sweltering. At night, as I did my math homework at the dining room table, the cockroaches would emerge, and I would throw my math textbook across the room onto the floor to kill as many as I could.

Under California Civil Code §1941.1 and San Francisco’s Rent Ordinance, landlords are required to keep rental units in “habitable” condition. This includes providing:

• Working heat, electricity, and plumbing
• Functioning locks and windows
• Protection from water leaks and mold
• Proper garbage disposal
• A home free of pests, like cockroaches, mice, or bedbugs

If any of these are missing or defective, and the landlord doesn’t act promptly after being notified, the tenant may be entitled to remedies. In my family’s situation, we didn’t have access to a lawyer, and didn’t know what our rights were.

Tenant Associations

I represent tenant associations across the City of San Francisco in their negotiations with landlords, receivers, and property management for necessary repairs. My clients include the Parkmerced Tenant Association, the largest tenant union in the City of San Francisco.

Under Chapter 49A of the San Francisco Administrative Code, tenant associations have specific legal rights, including the right to meet in common areas of their buildings, post notices, and communicate with fellow tenants without landlord interference, and can provide a united front to advocate on issues like broken elevators, heating failures, and dilapidated building conditions.

If your building is owed by Mosser, Veritas, or is otherwise in receivership, tenant associations can appear in court for the purpose of seeking orders from the court to remediate substandard conditions.

Common Repair Issues

In my pro bono work, I often talk to people who have experienced a decrease in housing services. Examples include:

• No hot water or broken heater
• Mold, leaks, or structural damage
• Broken appliances included in the lease
• Unsafe stairs, balconies, or railings
• Pest infestations

Tenants often receive compensation from landlords if they receive the proper legal help. Some of my clients have gotten significant rent credits just by knowing their rights.

Can Repairs Be a Reason for a Rent Reduction?

Yes. If essential services are lost or diminished, the Rent Board may reduce your rent amount. For example:

• No working heat = rent reduction
• Loss of use of a room (due to mold, leaks, etc.) = rent reduction
• Persistent pests = rent reduction

We can calculate the potential value of lost housing services and help you argue your case before the Rent Board.

You are entitled to a home that’s safe, clean, and functional. If my family had known about our tenant rights, we wouldn’t have had to live amongst cockroaches, mold, and broken air conditioners. If your landlord refuses to fix serious problems, you have the right to financial compensation or a legal remedy.