In order for a general obligation bond measure passthrough to be imposed, the following conditions
must all be met:
• The tenant(s) must have been in residence as of November 1, 2023.
• A written notice of the prospective increase must be given along with this form. The notice must be served in accordance
with California Civil Code Section 827. Note that Rent Ordinance §37.15 requires owners to report certain information
about their units to the Rent Board in order to obtain a license to impose annual and/or banked rent increases. This
requirement applies to increases that are effective
on or
after July
1, 2022 for buildings with
ten or more
residential units.
For condominium units and buildings with less
than ten residential units, the
requirement applies to rent increases
that
are effective
on or after March 1, 2023.
Any annual and/or banked rent increase purporting to be effective while the fulfill their reporting requirements and obtain a rent increase license by visiting the Rent Board’s Housing Inventory Portal
at https://portal.sfrb.org.
• The increase CANNOT become part of the tenant’s base rent—it must be kept separate and then discontinued after the
tenant has paid it for the number of months specified on Line 7 of the passthrough worksheet. If the landlord fails to
discontinue the passthrough after it is fully paid, a tenant may file a petition on this basis at any time after the passthrough
should have been discontinued.
•
Bond measure passthroughs may be “banked” and imposed in future years, provided that the applicable Bond Measure Worksheet is completed for each banked passthrough and attached to the notice of rent increase. There is a different
Worksheet for each tax year, since
the percentage of
the property tax rate
attributable to repayment of general
obligation
bonds varies from year to year. However, for bond passthrough imposed on or after January 1, 2021, the landlord may
only impose bond passthroughs for tax bills issued within three years prior to the year in which the passthrough is
imposed. For example, if the landlord imposes a passthrough on June 1, 2024, it may include general obligation bond
costs for tax bills issued between January 1, 2021 and J
une 1, 2024, but cannot include any tax bills issued prior to
January 1, 2021.
• The passthrough must be imposed on the tenant’s anniversary date, and must be discontinued after the tenant has paid it
for the number of months specified on Line 7 of the passthrough worksheet. For example, if the passthrough is effective
January 1, 2024 and is based on property tax bills for the prior three tax years, the passthrough will be paid in 36 monthly
installments over a period of three years.
• Bond passthroughs must be calculated each year using the Bond Passthrough Factor for that tax year. This form is to
be used only for the 2023-2024 tax year.
Tenant Hardship Application: A hardship application must be filed within one year of the effective date of the General
Obligation Bond Passthrough. Once a timely hardship application is filed, the tenant need not pay the amount shown on Line
9 unless the Rent Board issues a final decision denying the hardship application. However, if the hardship application is
denied, the tenant will need to pay the withheld amount retroactive to the effective date. Hardship applications are available
from the Rent Board’s office
and from the Rent Board’s website at www.sf.gov/rentboard. Tenant Challenge of Improper General Obligation Bond Passthrough: Within one year of the effective date of a
General Obligation Bond Passthrough, a tenant may petition for an arbitration hearing on the following grounds:
• The landlord did not serve a copy of the Bond Measure Passthrough Worksheet with the notice of rent increase;
• The landlord did not properly calculate the passthrough;
• The passthrough is calculated using an incorrect unit count;
• The landlord imposed the passthrough on a date that is not my rent increase anniversary date;
• The tenant did not reside in the unit as of November 1
st
of the applicable tax year;
• The Rent Board previously approved an Operating and Maintenance Expense increase that included the same
increase in property taxes due to repayment of general obligation bonds.
(See next page for sample of property tax bill)
City and County of San Francisco Residential Rent Stabilization
and Arbitration Board