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Heat issues
According
to Section 701 (c) of the San Francisco Housing Code, the landlord must
provide heat capable of maintaining a room temperature of 68 degrees
Fahrenheit at a point three feet above the floor, based upon an
exterior temperature of 35 degrees Fahrenheit. Heat must be made
available to each occupied habitable unit for thirteen hours each day,
between the hours of 5:00 am and 11:00 am and between 3:00 pm and 10:00
pm.
Chapter XII, Part II
of San Francisco's Municipal Code states that it is the landlord's
responsibility to provide and maintain minimum heat requirements in
residential hotels and apartments. If the landlord neglects this
responsibility the tenant should notify the Department of Building
Inspection about the heat problems. If the inspector finds a heat
violation, he/she will give your landlord only 24 hours to fix the
problem.
TAKE
ACTION
If you have
difficulty
in getting the required minimum heat in your apartment you should:
- Notify your landlord in writing of the heat
problem and keep a copy of your letter. Be sure to explain in the
letter how long the problem has been going on and when (if ever) you
last asked the manager/landlord to do something about the problem. This
letter, along with a log of when your heat is working and when it
isn't, can serve as useful documentation for getting your problem
solved through the Rent Board or Small Claims Court.
- Call our counselor
line Monday through
Thursday 1-5pm (703-8644) and talk to a counselor about the CEOP (Code
Enforcement Outreach Program), a collaboration between DBI, the SF
Apartment Association and four tenant groups. Through the program, we
can help you with the heat problem.
- Call the Department of Building Inspection
(DBI) at (415)558-6220 and ask to have an inspector come out to
document the problem. Call between 8:00 and 9:00 a.m. or 4:00 and 5:00
p.m. to talk to your inspector directly. Remember to ask your inspector
for a copy of any violation notice he/she writes to the landlord, and
make sure to follow up with the inspector if your landlord does not get
the heat working soon!
-
If
your
landlord
STILL
refuses
to
fix the
problem, you may want to file a "Decrease in Services petition" at the
San Francisco Rent Stabilization and Arbitration Board (see the section
on Repairs for more information). You can only file this petition if
you are covered under the San Francisco Rent Ordinance.
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