In San Francisco Can a Landlord Charge More Rent Based on Additional Occupants?

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The Rent Board Rules and Regulations prohibits landlords from charging more rent based on additional occupants, including a newborn child. This constitutes an unlawful rent increase, even if the lease or rental agreement provides for the additional charge. Since the Ordinance provides that tenants cannot waive their rights under the Ordinance, any agreement to pay such additional rent is void as contrary to public policy. Tenants who pay additional rent for additional occupants may file a Tenant Petition to void the increase and obtain a refund of the overcharges.

If a landlord experiences an increase in the costs of operating the building due to additional tenants, the landlord may file a petition for a rent increase based on an increase in operating and maintenance expenses. A landlord may also file a Petition for Approval of a Utility Passthrough if costs for gas and electricity increase.

Source: San Francisco Rent Board