ExpertLaw.com Forums

When Food Was Included in Housing Costs, Are New Food Charges a Rent Increase

Printable View

  • 04-09-2016, 08:21 PM
    OrionNebula
    When Food Was Included in Housing Costs, Are New Food Charges a Rent Increase
    My question involves landlord-tenant law in the State of: California

    I've lived in an old rent-controlled residence hotel in San Francisco for 17 years. Food was always part of the deal (3 meals/day) so that the allowable rent increase included food. Last year, the near 100 year old elevator motor below my room started making noise and vibrations. They gave me the key to another room to sleep in, and since they didn't want to fix/replace the motor, and they kept telling me I couldn't keep occupying 2 rooms, I ended up, after some months, moving to the new room. At 1st I resisted because I liked my old room. I had been there for 17 years, and it was a bit bigger than the one they were offering me, even without a private bathroom (I used the shared hall bath right outside, which I was fine with). The new room, while a bit smaller, did have a private bathroom, but they agreed to give it to me at the same rate. The manager even wrote in the new contract: "gives up possession of room #---, same rate at new room."
    However, the new contract breaks down the rent and the food, so that there's a clause now saying:

    "Guest elects (check__)/ does not elect (check__) to receive the Meal Package, which is $_______ per month at the time of rental."

    The contract doesn't specify anything further about food price increases. However, I am now being told that the breakdown was done because that way they can increase the price of the food at a higher rate than rent - by about 15% a year instead of the 2% or so of regular rent control in San Francisco that I had been getting these 17 years.

    The question is: Can the statement "gives up possession of room #---, same rate at new room" prevent them from doing this?
  • 04-11-2016, 06:14 AM
    Mr. Knowitall
    Re: When Food Was Included in Housing Costs, Are New Food Charges a Rent Increase
    Under San Francisco's rent control ordinance,
    Quote:

    Quoting San Francisco Rent Control Ordinance, Section 37.2 Definitions
    (p) Rent. The consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, or the assignment of a lease for such a unit, including but not limited to monies demanded or paid for parking, furnishings, food service, housing services of any kind, or subletting.

    (q) Rent Increases. Any additional monies demanded or paid for rent as defined in item (p) above, or any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent; provided, however, that: (1) where the landlord has been paying the tenant's utilities and the cost of those utilities increases, the landlord's passing through to the tenant of such increased costs pursuant to this Chapter does not constitute a rent increase; (2) where there has been a change in the landlord's property tax attributable to a general obligation bond approved by the voters between November 1, 1996 and November 30, 1998, or after November 14, 2002, the landlord's passing through to the tenant of such increased costs in accordance with this Chapter (see Section 37.3(a)(6)) does not constitute a rent increase; (3) where there has been a change in the landlord's property tax attributable to a San Francisco Unified School District or San Francisco Community College District general obligation bond approved by the voters after November 1, 2006, the landlord's passing through to the tenant of such increased costs in accordance with this Chapter (see Section 37.3(a)(6)) does not constitute a rent increase; and (4) where water bill charges are attributable to water rate increases resulting from issuance of water revenue bonds authorized at the November 5, 2002 election, the landlord's passing through to the tenant of such increased costs in accordance with this Chapter (see Section 37.3(a)(5)(B)) does not constitute a rent increase.

    From what you are stating, they are giving you the opportunity to pay a lower rent and obtain your own food, or the same amount you have historically paid for both the room and food plan. You have not shared any facts that would take the food plan outside of the rent control ordinance's definition of rent. If you're getting the information that "that way they can increase the price of the food at a higher rate than rent" from your lawyer, from your landlord, or from the SFTU, then you should ask them to explain how it falls outside of the ordinance. If you're getting the information from anybody else, ask them to explain their theory then run it past your lawyer or the SFTU.
All times are GMT -7. The time now is 11:34 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved