San Francisco Election Update (Archives): Proposition M (2008) – Adding Section 37.10B “Tenant Harassment” to the Rent Ordinance


In 2008, San Francisco voters passed Proposition M – amending the San Francisco Rent Ordinance to include “tenant harassment” regulations (implemented as Section 37.10B). A group of petitioners (including landlords, landlord attorneys, the San Francisco Apartment Association and the SF Association of Realtors) filed a facial challenge against its provisions.

That case, Larson v. CCSF, overturned several of its provisions. The court found that the prohibition on continued buyout offers (after a tenant notified the landlord that they weren’t interested) violated free speech rights. Another provision allowing the Rent Board to award damages violated the judicial powers doctrine (by vesting judicial authority in an agency). Other provisions survived: San Francisco could prohibit offers to vacate accompanied by threats or intimidation (as a reasonable time, place and manner restriction on speech). And the Rent Board was permitted to award a reduction of rent based on a quantifiable reduction in housing services.

The full text of Proposition M is available here