Heating Requirements
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 repairing and deducting from the rent.
What the Law Says
According to Section 701 of the San Francisco Housing Code, except for hotels, landlords must provide heat capable of maintaining a room temperature of 70 degrees Fahrenheit (at a point three feet above the floor). Hotels must provide heat capable of maintaining a room temperature of 68 degrees Fahrenheit at a point midway between the heating unit and the furthest wall and which point is three feet above the floor, shall be made available to for a total of 13 hours, between the hours of 5:00 a.m. and 11:00 a.m. and 3:00 p.m. and 10:00 p.m.
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 and keep a copy. Tell him what the law is and if the problem isn’t fixed you will call the Department of Building Inspection and have him/her cited for breaking the law.
2. Contact the Department of Building Inspection and 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 the San Francisco Rent Ordinance’s rent control, petition the Rent Board to decrease your rent.
4. You also have rights to repair and deduct rent 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 s/he fails to do anything about it. See Habitability and 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.
Updated 3/20.
The SF Tenants Union is supported by your memberships and donations. If you find information on this web site useful, or if you want to support our work, please join or donate. Members get even more information via our Tenants Rights Handbook plus access to phone counseling
Join or Donate By Credit or Debit Card