Mayor’s Office of Housing and Community Development
Marketing, Housing Preferences and Lottery
Procedures Manual
REVISED October 19, 2020
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Table of Contents
1. Introduction ..................................................................................................................................... 4
2. Definitions ........................................................................................................................................ 5
3. Certificates of Preference .......................................................................................................... 11
3.1. Applying For A Certificate Of Preference .................................................................................... 12
3.2. Eligibility ................................................................................................................................................. 12
3.3. Exercising a COP ................................................................................................................................... 12
3.4. Certificate Expiration ......................................................................................................................... 14
3.5. Questions ................................................................................................................................................ 14
4. Rent Burdened and Assisted Housing Residents (applies to some OCII projects
only) ......................................................................................................................................................... 14
4.1. Eligibility ................................................................................................................................................. 14
Rent Burdened Households ...................................................................................................................................... 15
Assisted Housing Residents ...................................................................................................................................... 15
4.2. Applying for the Preference ............................................................................................................. 15
4.3. Documentation ..................................................................................................................................... 15
Rent Burdened Households ...................................................................................................................................... 16
Assisted Housing Residents ...................................................................................................................................... 16
4.4. Questions ................................................................................................................................................ 16
5. Displaced Tenant Housing Preference ................................................................................. 16
5.1. Applying for the Certificate ..............................................................................................................
16
5.2. Eligibility ................................................................................................................................................. 17
Ellis Act Displaced Tenants ....................................................................................................................................... 18
Owner Move In Displaced Tenants ........................................................................................................................ 18
Tenants Displaced by Fire ......................................................................................................................................... 19
Tenants Facing Displacement due to an unaffordable increase in rent as a result of Expiring
Affordability Restrictions .......................................................................................................................................... 19
Prior Certificate Holders ............................................................................................................................................ 20
5.3. Rescission of NOI or Eviction Notice ............................................................................................. 20
5.4. Documentation ..................................................................................................................................... 21
Ellis Act Evictions.......................................................................................................................................................... 21
Proof of Eviction ........................................................................................................................................ 21
Proof of Occupancy ................................................................................................................................... 21
Owner Move In Eviction ............................................................................................................................................. 22
Proof of Eviction ........................................................................................................................................ 22
Proof of Occupancy ................................................................................................................................... 22
Tenants Displaced by Fire ......................................................................................................................................... 23
Proof of Displacement ............................................................................................................................. 23
Proof of Occupancy ................................................................................................................................... 23
Tenants Facing Displacement due to a Rent Burdened Caused by Expiring Affordability
Restrictions .....................................................................................................................................................................
24
Proof of Rent Burden ............................................................................................................................... 24
Proof of Displacement or Pending Displacement ........................................................................ 24
Proof of Occupancy ................................................................................................................................... 24
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5.5. Exercising a DTHP Certificate ......................................................................................................... 25
5.6. Certificate Expiration ......................................................................................................................... 27
5.7. Questions and Appeals ...................................................................................................................... 27
Disputes and Appeals .................................................................................................................................................. 27
Appeals for the denial of a DTHP Certificate ..................................................................................................... 28
6. Neighborhood Resident Housing Preference ..................................................................... 30
6.1. Applying for Preference Status ....................................................................................................... 30
6.2. Eligibility ................................................................................................................................................. 30
6.3. Documentation ..................................................................................................................................... 31
6.4. Questions and Appeals ...................................................................................................................... 33
Disputes for the denial of the Neighborhood Resident Housing Preference ....................................... 33
Appeals for the denial of NRHP ............................................................................................................................... 34
7. Live/Work Preference ................................................................................................................ 35
7.1. Applying for the Preference ............................................................................................................. 35
7.2. Eligibility ................................................................................................................................................. 36
7.3. Documentation ..................................................................................................................................... 36
Residency ......................................................................................................................................................................... 37
Employment .................................................................................................................................................................... 37
7.4. Questions ................................................................................................................................................ 38
8. Priorities for Accessible Units ................................................................................................. 38
8.1. Applying for an Accessible Unit ...................................................................................................... 39
8.2. Eligibility ................................................................................................................................................. 39
8.3. Documentation ..................................................................................................................................... 39
9. The Lottery and Selection Process ......................................................................................... 40
9.1. Preference Order ................................................................................................................................. 40
Table: Summary of the Order of Preferences ....................................................................................... 41
9.2. Bringing Units to the Market ........................................................................................................... 42
Racial Equity Policy ...................................................................................................................................................... 42
Marketing Plan ............................................................................................................................................................... 42
Marketing Plan Requirements ................................................................................................................................. 43
Conflict of Interest ........................................................................................................................................................ 43
Outreach to COP Holders ........................................................................................................................................... 44
Outreach to DTHP Certificate Holders ................................................................................................................. 44
Outreach to Neighborhood Residents .................................................................................................................. 45
Application Forms ........................................................................................................................................................ 45
Application Submission .............................................................................................................................................. 46
Pre-Lottery Application Tracking .......................................................................................................................... 47
Pre-Lottery NRHP Summary Report .....................................................................................................................
47
Lottery Procedures ...................................................................................................................................................... 47
Final Lottery List ........................................................................................................................................................... 49
Application Review ...................................................................................................................................................... 49
Response Deadline ....................................................................................................................................................... 51
Unit Selection .................................................................................................................................................................. 52
Coordination Between MOHCD and Project Sponsor .................................................................................... 52
Disqualification and Appeals ................................................................................................................................... 54
Final Documentation for Rental Projects ............................................................................................................ 54
Waitlists ............................................................................................................................................................................ 55
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1. Introduction
This manual outlines the operation and procedures of the City approved Affordable
Housing preference programs. Its purpose is to provide City staff, Project Sponsors and
potential City housing residents with an understanding of the preference programs, their
processes and application in allocating City Affordable Housing Units to tenants or
homebuyers.
In 2008 the City enacted Ordinance 232-08 to establish a preference in occupying units
or receiving assistance under all City Affordable Housing Programs to Residential
Certificate of Preference Holders under the San Francisco Redevelopment Agency's
(SFRA) Property Owner and Occupant Preference Program. In 2013 the City enacted
Ordinance 277-13 to establish a second preference in occupying units or receiving
assistance under all City Affordable Housing Programs to certain San Francisco
residents displaced by an eviction under the Ellis Act.
Citing a growing number of San Francisco tenants being displaced directly through
evictions and indirectly as a result of rapid rent increases, the San Francisco Board of
Supervisors passed Ordinance 204-15 in November 2015, expanding and clarifying the
existing preference program for allocating City Affordable Housing Units to certain
displaced occupants. The 2015 ordinance expanded the Ellis Act Housing Preference to
include more broadly defined Displaced Tenants including Owner Move In Displaced
Tenants and created a new preference category for residents of the Neighborhoods in
which Affordable Housing Units are located. These preferences apply to all Affordable
Housing programs administered or funded by the Mayor’s Office of Housing and
Community Development (MOHCD).
In 2016, the City enacted Ordinance 0164-16 which created a new category of
preference for Tenants Displaced by Fire as well as a preference for applicants that live
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or work in San Francisco. In 2019, the City further expanded Displaced Tenants to
include residents experiencing Rent Burden due to Expiration of Restrictions.
In 2019, the City enacted Ordinance 120-19 which created a new category of
preference for Tenants facing Displacement at a multi-family residential property where
units at the property will no longer be restricted to ensure affordability based on income
under any regulatory or other affordable housing agreements and or recorded
documents.
2. Definitions
“Affordable Housing Rental Unit”
An affordable housing rental unit is a housing unit restricted by deed, regulatory
restriction contained in an agreement with a government agency, or other recorded
document restricting rent levels and household income eligibility.
“Certificate of Preference” or “COP”
A Certificate of Preference (COP) is a document that was issued by the San Francisco
Redevelopment Agency (“SFRA”) to residents displaced by the Agency in the 1960’s
and 70’s when it was implementing its federally-funded urban renewal program. This
Certificate gives holders preferential consideration for Agency-sponsored and City-
sponsored housing opportunities in San Francisco. In 2012, the responsibility of
administrating the Certificate of Preference Program was transferred to the Mayor’s
Office of Housing and Community Development (MOHCD).
There are different types of COP certificates including Residential A, C, and G COP
certificates as well as Business certificates of which are defined in the Property Owner
and Occupant Preference Program Manual, as amended and restated pursuant to
Agency Resolution No. 57-2008 approved on June 3, 2008 (COP Program Manual).
“COP Holder”
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Any individual who has been issued a Certificate of Preference which has not yet been
fully exercised.
“City Affordable Housing Programs
As defined in Ordinance 205-15, “City Affordable Housing Programs" or “Affordable
Housing” shall mean, unless specified otherwise, all programs related to the provision of
affordable housing administered or funded by the Mayor’s Office of Housing and
Community Development, including but not limited to Tax Exempt Bond Developments.
"City Affordable Housing Programs" does not include programs or affordable housing
units exclusively supported by the U.S. Department of Housing and Urban
Development, the San Francisco Human Services Agency, the San Francisco
Department of Public Health, or the San Francisco Housing Authority.
“City Affordable Housing Programs” include, but are not limited to:
1. City Affordable Housing Units that received support from the former San
Francisco Redevelopment Agency (SFRA).
2. Former SFRA Inclusionary and Below Market Rate (BMR) units with affordability
restrictions required by City contract or Redevelopment Area Plan.
3. City Affordable Housing Units administered or funded by the Mayor’s Office of
Housing and Community Development (MOHCD).
4. BMR units created under the City’s Inclusionary Housing Program (BMR units),
which are defined as “Affordable Units” in Planning Code Section 401, or under a
development agreement.
5. Programs and residential units funded by:
o The Mayor's Housing Affordability Fund
o The HOPE SF Fund
o The Affordable Housing and Home Ownership Bond Program (Proposition
C)
o The Citywide Affordable Housing Fund
“City Affordable Housing Project”
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Any real estate project that includes one or more City Affordable Housing Units
including market rate housing projects that include below market rate (BMR) units
generated under the City’s Inclusionary Affordable Housing Program.
“City Affordable Housing Unit”
Any Housing Unit funded or created pursuant to a City Affordable Housing Program.
The term Affordable Housing is used synonymously with the term City Affordable
Housing in this procedures manual.
“Displaced Tenant”
Any person who applies to MOHCD and who MOHCD determines qualifies as an Ellis
Act Displaced Tenant, an Owner Move In Displaced Tenant, a Tenant Displaced by Fire
or a Tenants Displaced by Expiring Affordability Restrictions for the Displaced Tenant
Housing Preference.
“Displaced Tenant Housing Preference”
A preference established in Administrative Code Chapter 47 for certain tenants who are
being or have previously been evicted under the Ellis Act or through an Owner Move In
eviction, or have been displaced due to a fire, to receive preference in occupying units
or receiving assistance under City Affordable Housing Programs.
“Ellis Act Eviction”
An eviction pursuant to the Ellis Act (California Government Code Section 7060 et.
seq.). The Ellis Act was enacted by the California legislature in 1986 to require
municipalities to allow property owners to leave the residential rental housing business.
More information is available on the Rent Board Website:
http://www.sfrb.org/index.aspx?page=966
“Ellis Act Displaced Tenant”
A tenant residing in San Francisco who, on or after January 1, 2010, receives a Notice
of Intent to Withdraw Rental Units ("Notice of Intent to Withdraw") pursuant to the Ellis
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Act, Government Code Section 7060 et seq., and corresponding provisions of the Rent
Ordinance.
“Eviction Notice”
Also known as a “Notice to Vacate” or “Notice of Termination of Tenancy.” The eviction
notice is an official written notice from a property owner to one or more tenants of their
anticipated termination of tenancy. If a landlord is seeking to evict a tenant, the Rent
Board mandates that the notice to vacate must state the grounds under which
possession of the unit is sought.
“Expiring Affordability Restrictions”
The restrictions ensuring affordability based on income for a multifamily residential
property under a regulatory agreement, affordable housing agreement and/or recorded
instrument will expire within five (5) years. For purposes of this definition, “regulatory
agreement” includes, but is not limited to, a regulatory agreement executed in
connection with the issuance of housing mortgage revenue bonds.
“Household”
Any person or combination of persons who reside or intend to reside in the same
Housing Unit.
“Housing Unit”
A room or suite of two or more rooms that is designed for, or is occupied by a
household. Dwelling units, apartments, single family homes, condominiums, single room
occupancy (SRO) hotel rooms, lodging rooms, housekeeping rooms, and congregate
residences are all considered Housing Units for the purpose of this program.
“Marketing Plan”
A marketing plan for Affordable Housing Rental Units that describes and includes, but is
not limited to the following:
• Building composition,
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• Unit mix,
• Unit detail,
• Rent, fees, and utilities the tenant will be responsible for,
• Available parking,
• Building’s amenities,
• Applicant’s qualifications,
• Marketing and outreach strategy,
• Advertising language,
• Applicable lottery preferences,
• Language access offered to applicants,
• Marketing process timeline,
• Building’s rental application,
• Resident Selection Criteria,
• Lease agreement and associated addenda,
• Marketing flyer,
• Certificate of Preference outreach postcard, and
• Information regarding the building’s open house and information sessions.
“Neighborhood"
Any one of the 11 Supervisorial Districts as defined and established in the San
Francisco Charter, Appendix E, plus a buffer such that for each unit or project that is
part of a City Affordable Housing Program, "Neighborhood" means the Supervisorial
District in which the unit or project is located, plus a ½ mile buffer around the parcel
containing the unit or project.
"Neighborhood Resident"
Any person who has a primary residence in a certain Neighborhood at the time he or
she applies for a unit or assistance.
“Notice of Intent to Withdraw” or “NOI”
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Shorthand for Notice of Intent to Withdraw Residential Units from the Rental Market
delivered to the Rent Board to initiate an Ellis Act Eviction. The NOI and the Eviction
Notice are separate legal notices.
“Office of Community Investment and Infrastructure” or “OCII”
The successor agency of the San Francisco Redevelopment Agency.
“Owner Move in Displaced Tenant”
A tenant residing in San Francisco who, on or after January 1, 2010, receives a notice
from his or her landlord that they plan to recover possession of the unit under Section
37.9(a)(8) of the Rent Ordinance.
“Owner Move In Eviction”
Any eviction initiated subject to Section 37.9(a)(8) of the Rent Ordinance.
“Owner Move In Eviction Notice”
Written notice to tenants of that a landlord plans to recover possession of the unit under
Section 37.9(a)(8) of the Rent Ordinance.
“Project Sponsor”
In this procedures manual, Project Sponsor is a general term that refers to the entity
responsible for leasing or selling units in a residential building containing one or more
City Affordable Housing Units. The Project Sponsor may be the entity who received
planning approval for the building’s construction, the housing developer primarily
responsible for building construction, the building owner, a leasing/selling agent or a
property management entity.
“Rent Board”
The City and County of San Francisco Rent Board established under Chapter 37 of the
San Francisco Administrative Code.
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“Rent Burdened”
For the purpose of the Displaced Tenant Housing Preference, Rent Burdened means a
household who is paying greater than 40% of their household’s total annual gross
income towards rent. This definition does not apply to OCII’s preference for Rent
Burdened San Francisco Households and Assisted Housing Residents.
“Resident Selection Criteria”
The document establishing guidelines for selecting applicants to occupy a City
Affordable Housing Units and is attached to a DAHLIA – San Francisco Housing Portal
listing. The term “Tenant Section Plan” is used synonymously with the term Resident
Section Criteria in this procedures manual.
“Tenant Displaced by Fire”
A tenant residing in San Francisco who is required to vacate his or her unit by a public
safety official due to fire, and who can provide sufficient evidence to MOHCD that
demonstrates that he or she cannot return to the unit within a period of six (6) months
from the date of the order to vacate the unit or Fire Displacement Verification Form.
3. Certificates of Preference
Certificate of Preference (COP) Holders are individuals previously displaced by former
Redevelopment Agency action in Redevelopment Project Areas per the San Francisco
Redevelopment Agency's Property Owner and Occupant Preference Program, as
reprinted September 11, 2008 and effective October 1, 2008 and on file with the Clerk
of the Board in File No. 080521 (“The COP Program Manual”).
COP Holders are given the first level of preference in occupying City Affordable Housing
Units and the preference applies to 100% of City Affordable Housing Units available for
initial sale, re-sale, initial lease up and subsequent leasing.
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3.1. Applying For A Certificate Of Preference
To obtain a Certificate of Preference, applicants should contact MOHCD through its
website, http://www.sfmohcd.org, or by calling 415-701-5613. Applicants will need to fill
out an application and provide the following information:
1) A current phone number and address.
2) The address from which the family was displaced.
3) The name(s) of the head(s) of Household at the time of displacement.
Applicants may be asked to submit additional documentation, such as a copy of their
birth certificate and driver’s license.
3.2. Eligibility
Individuals holding Certificates of Preference’ as defined in the COP Program Manual
are eligible for priority consideration in all City Affordable Housing Projects. Holders of
‘Business Certificates of Preference’ as defined in the COP Program Manual are not
eligible for priority in residential Housing Units.
While the Household composition may change after the lottery application, the COP
Holder must sign the lease or purchase agreement and occupy the unit or the
Household will lose its preference status (the Household may remain on the general
lottery list or on any other preference lists for which it remains qualified).
3.3. Exercising a COP
To receive preference as a COP Holder, an applicant must indicate on their housing
application that they are a COP Holder. MOHCD maintains a list of current COP
Holders and will confirm that the applicant possesses a valid COP that has not yet been
exercised.
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Project Sponsors that fill unit vacancies off of a waitlist must place COP Holders at the
top of the waitlist at any time, regardless of whether the waitlist is closed to other
applicants. If the COP Holder meets the Resident Selection Criteria when an Affordable
Housing Unit in the project becomes available, they shall be approved before all other
applicants.
Section II C. 3 of the COP Program Manual outlines prioritization between multiple COP
Holders applying for the same SFRA Assisted Housing Units including location of the
project, issuance date of the certificate, and type of certificate. For non SFRA Assisted
Housing Units, all COP Holders shall have priority over other applicants and, in the
event that there are multiple COP applicants, priority among them shall be established
by their lottery ranking (as described in Section 9.2 below).
Certificate of Preference Holders must also meet the income eligibility and other
eligibility requirements for the Housing Unit or building in order to exercise their
certificate. Possession of a COP does not guarantee that the COP Holder will be
eligible for a City Affordable Housing Unit.
The COP Program allows each COP Holder to exercise his or her COP once to receive
priority for a rental or cooperative unit and once for a homeownership unit. When a
COP Holder signs a lease for an affordable rental unit (or purchases a cooperative
share) their Certificate is considered ‘exercised’ for rental purposes. When a Household
closes escrow on a homeownership unit their COP is considered exercised for
homeownership. Once a COP Holder’s certificate has been exercised for a given type of
project (ownership or rental), no further preference is available for projects of that type.
While the COP Program Manual only refers to use of COPs for preference in Agency
Assisted housing, use of a COP in a non-Agency Assisted City Affordable Housing
Project also constitutes ‘exercise’ of the COP. When the maximum allowable usage of
the Certificate is exercised, the holder’s preference terminates. Thereafter, the COP
Certificate is null and void for any future use, regardless of the programs expiration
date.
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3.4. Certificate Expiration
The Residential A and C COP Certificates are scheduled to expire in January 2021 per
the Office of Community Investment and Infrastructure (OCII) Commission (former
Redevelopment Agency Commission) decision and has the option (in accordance with
State laws) to extend the expiration date one last time to 2026. For more information,
see the COP Program Manual.
The Residential G certificates are valid until five years after the actual Agency
displacement date.
3.5. Questions
COP-related inquiries should be addressed to the Mayor’s Office of Housing and
Community Development at (415) 701-5613, via TDD at (415) 701-5503 or at
http://sfmohcd.org/certificate-preference.
4. Rent Burdened and Assisted Housing Residents
(applies to some OCII projects only)
Many projects sponsored by the Office of Community Infrastructure Investment (OCII –
formerly the San Francisco Redevelopment Agency) have Development and Disposition
Agreements which include a preference for Rent Burdened San Francisco Households
and Assisted Housing Residents. This preference is not available for non-OCII projects
and is separate from the Displaced Tenant Housing Preference. Rent Burdened
Households and Assisted Housing Residents share a single lottery preference position,
meaning that Households with either of these preferences are included in a single
preference pool.
4.1. Eligibility
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Rent Burdened Households
San Francisco Households that are currently spending more than 50% of their income
for housing are eligible for the OCII Rent Burdened Households preference in projects
with Development and Disposition Agreements which contain this preference.
Example:
Household of 2 earns $2,500 gross income per month
Rent Payment = $1,500 per month
Total rent-to-income ratio = 60%
In this example, the household would qualify for the Rent Burdened preference
because their rent-to-income ratio is greater than 50%.
Assisted Housing Residents
Households residing in public housing or Project-Based Section 8 housing within the
City and County of San Francisco are eligible for the Assisted Housing Residents
preference.
This preference does not apply to Section 8 Voucher holders.
4.2. Applying for the Preference
To apply for the OCII Rent Burdened or Assisted Housing Residents preference,
applicants need only indicate on their application form that they believe that they are
spending more than 50% of their income for housing and provide the required
documentation.
4.3. Documentation
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Rent Burdened Households
To be considered an OCII Rent Burdened Household, applicants must include a copy of
their current lease agreement plus proof of the current rent payment (i.e. money order,
cancelled check or debit from their bank account) with the lottery application. A
Request for Verification of Rent will be completed post-lottery. MOHCD reserves the
right to request additional information and documentation.
Assisted Housing Residents
To be considered an OCII Assisted Housing Resident, applicants must include a copy of
their current lease agreement with their lottery application. MOHCD reserves the right to
request additional information and documentation.
4.4. Questions
Inquiries related to the OCII Rent Burdened or Assisted Housing Resident Preferences
should be addressed to the Mayor’s Office of Housing and Community Development at
(415) 701-5613, via TDD at (415) 701-5503.
5. Displaced Tenant Housing Preference
The Displaced Tenant Housing Preference (DTHP) program (DTHP Program) is
intended to benefit tenants displaced by Ellis Act Evictions, Owner Move In Evictions or
Fires. The preference is only applied to projects with 5 or more City Affordable Housing
Units and applies to 20% of total lottery units within a project for initial sale, re-sale,
initial leases and subsequent leases.
5.1. Applying for the Certificate
Inquiries about applying for a DTHP Program certificate should be addressed to the
Mayor’s Office of Housing and Community Development at (415) 701-5613, via TDD at
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Each qualified tenant is entitled to a separate certificate. Certificates will be issued to
individual applicants, rather than to families or groups of individuals. Multiple individuals
may not apply for the DTHP certificate with a single application. Youth under 18 years of
age seeking to live in Affordable Housing with a DTHP certificate holder do not need
their own certificate in order to receive the DTHP priority. An entire Household is
entitled to priority placement so long as at least one member of that Household holds a
DTHP certificate.
The DTHP application forms and a list of required supporting documents are available
for download from the MOHCD website. Applicants may also pick up hard copies of the
application forms at the Mayor’s Office of Housing and Community Development,
located at 1 South Van Ness Avenue, 5
th
Floor.
Only applications that are accurate and complete, with all required documentation
attached, will be accepted for review. Applicants may submit their application and
, or by mail/in-person at the Mayor’s
Office of Housing and Community Development. Applications submitted by mail or in
person should be addressed as follows:
Displaced Tenant Housing Preference Program
Mayor’s Office of Housing and Community Development
1 South Van Ness Ave, 5
th
Floor
San Francisco, CA 94103
Approved applicants will be issued an official DTHP certificate. Applicants deemed
ineligible will receive a written denial letter including reasons for the determination and
information on how to appeal the decision. The appeals process is described below.
5.2. Eligibility
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Tenants can apply for and use the DTHP certificate while they are still residing in the
unit that they are being evicted from so long as the Notice of Intent to Withdraw (NOI) or
Eviction Notice for that unit was filed and has not been rescinded. Tenants can also
apply for and use the DTHP certificate while they are still residing in the unit where the
affordability restrictions will be expiring so long as the tenant has been notified of the
pending increase in rent that will rent burden the tenant household.
While the Household composition may change after the lottery application is initially
submitted. A DTHP certificate holder must sign the lease or purchase agreement and
occupy the unit or the Household will lose its preference status (the Household may
remain on the general lottery list or on any other preference lists for which it remains
qualified).
Ellis Act Displaced Tenants
To be eligible for the DTHP Program, Ellis Act Displaced Tenant applicants must meet
the following criteria:
(1) The tenant must have resided in a San Francisco rental unit for which a Notice of
Intent to Withdraw (NOI) was filed with the Rent Board.
(2) The NOI must have been filed on or after January 1, 2010.
(3) If the NOI was rescinded by the landlord, the Tenant must demonstrate that they
moved out prior to the date it was rescinded.
(4) The Tenant must be at least 18 years of age at the time that they apply for the
DTHP Certificate – though they may have been under 18 at the time the NOI was
received.
Owner Move In Displaced Tenants
To be eligible for the DTHP, Owner Move In Displaced Tenants must meet the following
criteria:
(1) The tenant must have resided in a San Francisco rental unit for which an
Eviction Notice was served.
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(2) The Eviction Notice must have been served on or after January 1, 2010.
(3) The Eviction Notice must have stated that the reason for the termination of
tenancy is to enable owner or relative move in and/or referenced Section
37.9(a)(8) of the Rent Ordinance.
(4) If the Eviction Letter was rescinded by the landlord, applicants must
demonstrate that they moved out prior to the date it was rescinded.
(5) The applicant was at least 18 years of age at the time that they applied for the
DTHP Certificate.
Tenants Displaced by Fire
To be eligible for the DTHP, Tenants Displaced by Fire must meet the following criteria:
(1) The tenant must have resided in a San Francisco rental unit which
experienced a fire prior to December 31, 2020.
(2) The tenant must have been required to vacate the unit by a public safety
official due to fire.
(3) The tenant must provide sufficient evidence to MOHCD that demonstrates
that he or she cannot return to the unit within a period of six months from the
date of the order to vacate the unit or provide a Fire Displacement Verification
Form.
(4) The tenant must be at least 18 years of age at the time that they apply for the
DTHP Certificate.
Tenants Facing Displacement due to an unaffordable increase in rent as a result
of Expiring Affordability Restrictions
To be eligible for the DTHP, Tenants Rent Burdened by Expiring Affordability
Restrictions must meet the following criteria:
(1) The tenant is residing in an Affordable Housing Rental Unit located in San
Francisco with Expiring Affordability Restrictions. A tenant must submit their
DTHP application within 5 years of receiving notice of Expiring Affordability
Restrictions.
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(2) The tenant must provide sufficient evidence to MOHCD that demonstrates
they will likely be Rent Burdened by the Expiring Affordability Restrictions
based on the rental rate for a comparable unit without any affordability
restrictions within the same building.
(3) The tenant must be at least 18 years of age at the time that they apply for the
DTHP Certificate.
This preference is separate and not related to the OCII preference for rent burdened
households described in Section 4 above.
Prior Certificate Holders
Prior to April 2016, the City issued Ellis Act Housing Preference (EAHP) certificates. As
of May 2016, these certificates were rescinded and holders were issued new Displaced
Tenant Housing Preference (DTHP) certificates conferring the same rights as the EAHP
Certificates; however, the expiration dates for some certificates have been extended.
EAHP certificate holders displaced prior to January 2, 2016 received certificates that
expire on January 2, 2022.
5.3. Rescission of NOI or Eviction Notice
If the landlord rescinds the NOI or Eviction Notice, then the tenant is not eligible to apply
for the DTHP certificate unless they can demonstrate that they moved out prior to the
date of the rescission. If the landlord rescinds the NOI or Eviction Notice following
issuance of a DTHP certificate, and a DTHP certificate holder is still residing in the
original unit, then the DTHP certificate will be rescinded by MOHCD.
If the NOI or Eviction Notice is rescinded after the tenant has moved out of their unit,
then the tenant will be eligible to apply for the DTHP certificate. If the tenant has
already been issued a DTHP certificate, the certificate will not be rescinded. Similarly, if
the NOI or Eviction Notice is rescinded after the certificate holder has moved into an
Affordable Housing Unit, the NOI rescindment will not affect their tenancy.
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5.4. Documentation
Ellis Act Evictions
Proof of Eviction
Prior to initiating an Ellis Act Eviction, property owners must file a Notice of Intent to
Withdraw (NOI) with the San Francisco Rent Board. The Rent Board provides MOHCD
with a regularly updated list of all tenants whose units have been subject to Ellis Act
NOIs. MOHCD verifies that certificate applicants are on the list regularly provided by
the San Francisco Rent Board. No further documentation will be necessary to establish
that a rental unit was subject to an NOI that has not been rescinded.
Proof of Occupancy
If an applicant for DTHP is listed on an NOI, then, no further documentation will be
required to establish that applicant’s occupancy at the time of the Ellis Act Eviction. If
an applicant was not listed on an NOI, the applicant must establish that he or she was a
resident of the withdrawn unit at the time of the eviction by providing any one of the
following items:
The Eviction Notice for the withdrawn unit
Cable or internet bill
Gas bill
Electric bill
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the applicant’s name and the address of the withdrawn unit
and be dated within 45 days of the date that the NOI was filed with the Rent Board or
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served on the Tenants. MOHCD reserves the right to request additional information and
documentation.
Owner Move In Eviction
Proof of Eviction
Property owners proceeding with Owner Move In Evictions are required to file with the
San Francisco Rent Board (Rent Board) a copy of the Eviction Notice provided to
tenants. The Rent Board provides MOHCD with a regularly updated list of all tenants
for whom it has received an OMI Eviction Notice on or after January 1, 2010. In most
cases, no further documentation will be necessary to establish that a Tenant has
received an OMI Eviction Notice.
In cases where the property owner has served the tenants with an OMI Eviction Notice
but failed to file the notice with the Rent Board, the tenant must provide a copy of the
Eviction Notice and/or other documentation sufficient to establish in MOHCD's
reasonable discretion that the tenant received a valid OMI Eviction Notice on or after
January 1, 2010. The date that an OMI Eviction Notice is filed with the Rent Board is
used to determine the period of eligibility for a DTHP for the applicable tenants. If an
OMI Eviction Notice was not filed, the date that the OMI Eviction Notice was served on
the tenants will serve as the date of the Notice for purposes of calculating such tenants’
period of eligibility. If the Eviction Notice does not include a date of service and the
applicant is not otherwise able to provide proof of the date of service, the date of the
Notice will be deemed to be 60 days prior to the date on which the Eviction Notice
indicates that the tenancy will terminate.
Proof of Occupancy
If an applicant for the DTHP is listed on the eviction notice, then, no further
documentation will be required to establish that applicant’s occupancy at the time of the
OMI Eviction. If an applicant was not listed on the eviction notice, the applicant must
establish that he or she was a resident of the withdrawn unit at the time of the eviction
by providing any one of the following items:
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The Eviction Notice for the withdrawn unit
Cable or internet bill
Gas bill
Electric bill
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the applicant’s name and the address of the withdrawn unit
and be dated within 45 days of the date that the eviction notice was filed with the Rent
Board or served on the Tenants. MOHCD reserves the right to request additional
information and documentation.
Tenants Displaced by Fire
Proof of Displacement
An applicant must establish displacement by providing either of the following signed by
a public safety official: (1) an order to vacate for the unit in question; or (2) a Fire
Displacement Verification form.
Proof of Occupancy
An applicant must establish that he or she was a resident of the effected unit at the time
of the qualifying fire by providing any of the following: (1) a copy of the order to vacate;
(2) a copy of a lease for the unit in question; or (3) any one of the following items:
Cable or internet bill
Gas bill
Electric bill
24
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the applicant’s name and the address of the effected unit
and be dated within 45 days of the date of the qualifying fire. MOHCD reserves the right
to request additional information and documentation.
Tenants Facing Displacement due to a Rent Burdened Caused by Expiring
Affordability Restrictions
Proof of Rent Burden
The tenant must submit a complete application and all required income and asset
documentation to MOHCD. MOHCD will calculate the tenant’s income in accordance to
the Inclusionary Affordable Housing Program Monitoring and Procedures Manual and
compare it to the unrestricted rent levels for similar residential units in the same
building. The result of the calculation must be equal to or more than 40% of the tenant’s
total annual gross household income.
Proof of Displacement or Pending Displacement
The tenant will supply MOHCD with the documentation outlined in the application to
calculate their total annual gross household income.
Proof of Occupancy
Applicant must establish that he or she is a resident of an Affordable Housing Unit at
the time of an Expiring Affordability Restriction by providing any of the following: (1) a
copy of a lease for the unit in question with the applicant listed as an occupant; or (1)
any one of the following items:
25
Cable or internet bill
Gas bill
Electric bill
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the applicant’s name and the address of the restricted unit
and be dated while the restrictions were in place. MOHCD reserves the right to request
additional information and documentation. This Section 5.4.4 does not apply to OCII’s
preference for certain rent burdened households described in Section 4 above.
5.5. Exercising a DTHP Certificate
A DTHP certificate entitles the holder to receive a priority to rent or purchase only one
Affordable Housing Unit (or a cooperative share in one unit). For new developments
going through the initial lease-up or sale process, the DTHP priority applies to only
twenty percent (20%) of the total lottery units. For re-rental and re-sale units, the DTHP
preference will apply whenever fewer than 20% of original lottery units in a project are
occupied by Households that used DTHP certificates when they leased or purchased
their units.
The DTHP will not apply to every City Affordable Housing Project. The DTHP does not
preempt existing preference programs incorporated into Marketing Plans or Developer
Agreements approved before the DTHP was adopted, and some projects may include
state or federal financing that limits which local preferences may be applied in resident
selection.
26
Project Sponsors that fill unit vacancies off of a waitlist must accept applications from
approved DTHP certificate holders at any time, regardless of whether the waitlist is
closed to other applicants. If the DTHP certificate holder is found eligible for an
Affordable Housing Unit in the building, they shall be placed at the top of the waitlist,
immediately after any COP Holders.
A Displaced Tenant holding a DTHP certificate must also meet the income
eligibility and other eligibility requirements for the Housing Unit or building in
order to exercise their certificate. Possession of a DTHP certificate does not
guarantee that the holder will be eligible for a City Affordable Housing Unit.
A DTHP Certificate is valid for a single use. When a DTHP holder accepts and occupies
a unit by exercising the DTHP certificate, the DTHP certificate is exercised and the
holder’s DTHP priority terminates. Thereafter, the DTHP certificate is null and void for
any future use.
In the case of a rental or cooperative share opportunity, to exercise a DTHP
certificate means to secure successfully a tenancy in, or the purchase of a
cooperative share in, the Housing Unit, as shown by the execution of a lease or
other evidence of occupancy.
In the case of a homeownership opportunity, to exercise a DTHP certificate means
to execute a deed and/or promissory note and the closing of escrow.
A DTHP certificate holder may apply for an unlimited number of housing opportunities
until the DTHP holder exercises the DTHP certificate, and, in general, may turn down
offers for City Affordable Housing Units without affecting the holder’s priority status.
If a Household intending to reside together contains multiple holders of DTHP
certificates, the Household only needs to exercise one of the certificates for a specific
27
housing opportunity. It is up to the members of that Household to determine which
certificate will be exercised upon occupancy.
A DTHP certificate is not transferable by any means, whether voluntarily, by inheritance,
by operation of law, or otherwise.
A Displaced Tenant is not entitled to DTHP priorities until a DTHP certificate has
actually been issued to such tenant.
5.6. Certificate Expiration
DTHP certificate holders may apply the preference for up to six (6) years from the date
the landlord filed the NOI or Eviction Notice with the Rent Board. For Displaced
Tenants with an NOI or Eviction Notice filed prior to January 2,
2016 the expiration date
will be January 2, 2022 regardless of when they apply for a DTHP certificate. For
Tenants Displaced by Fire the certificate will last for three (3) years from the date of the
fire. For Expiring Affordability Restrictions certificates will expire six (6) years from the
date the restrictions expire. Expiration dates will be clearly marked on the certificate.
After expiration, the DTHP certificate becomes null and void.
5.7. Questions and Appeals
Inquiries about documentation required for the DTHP certificate application, and other
questions regarding the application process, should be addressed to the Mayor’s Office
of Housing and Community Development at (415) 701-5613, via TDD at (415) 701-5503
or at dthpcertificate@sfgov.org.
Disputes and Appeals
Applicants who wish to dispute MOHCD’s initial eligibility determination may request, in
writing, that the Deputy Director - Homeownership & Below Market Rate Programs
28
review and reconsider their application within 30 days after the date of MOHCD’s
determination. Any supplementary materials or additional information demonstrating
eligibility must be submitted at the same time as the request for reconsideration.
Requests for reconsideration may be emailed to dthpcertificate@sfgov.org with the
subject heading “Request for DTHP Application Reconsideration.”
Requests for reconsideration may be delivered by mail or in person to:
Director of Below Market Rate Programs
Displaced Tenant Housing Preference Program
Mayor’s Office of Housing and Community Development
1 South Van Ness Ave, 5
th
Floor
San Francisco, CA 94103
Upon receipt of the request for reconsideration, the complete application package will
be reviewed by the Deputy Director - Homeownership & Below Market Rate Programs,
and a final MOHCD determination of whether or not the applicant is eligible shall be
made within seven (7) calendar days.
Appeals for the denial of a DTHP Certificate
Applicants who wish to dispute the final MOHCD determination made by the Deputy
Director - Homeownership & Below Market Rate Programs are entitled to a hearing
conducted by a Rent Board Administrative Law Judge (“ALJ”).
The request for an ALJ hearing must be in writing within 7 days of receipt of notice of
the decision of the Deputy Director - Homeownership and Below Market Rate Programs
and may be delivered via email to dthpcertificate@sfgov.org
with the subject heading
“Request for DTHP Rent Board Administrative Law Judge Hearing”.
Requests for a Rent Board hearing may be delivered by mail or in person to:
29
Request for DTHP Rent Board Hearing Administrative Law Judge
Displaced Tenant Housing Preference Program
Mayor’s Office of Housing and Community Development
1 South Van Ness Ave, 5
th
Floor
San Francisco, CA 94103
Upon receiving the written request for an ALJ hearing, MOHCD will provide the ALJ with
all application materials and any supplementary information from the applicant, as well
as contact information for the applicant and any named representatives indicated in the
request for ALJ hearing. The ALJ will then send a Notice of Hearing at least 10 days
before the hearing date to MOHCD and to the applicant and their named
representatives.
Requests for postponements must be submitted in writing to the ALJ and will be granted
only when there is good cause. Evidence supporting the good cause must be submitted
with the request for postponement.
On the hearing date, the applicant and MOHCD may each appear to present evidence
and argue their position. The hearing process is designed so that no one needs an
attorney, although parties are entitled to have an attorney or other authorized
representative assist them at the hearing. The parties or their representatives are
permitted to present testimony and evidence, and to cross-examine the other parties
and their witnesses. The ALJ may also ask questions of the parties and witnesses to
ensure that all pertinent facts are brought out. The record may be held open for the
submission of additional evidence after the hearing.
After the record is closed, the ALJ will issue a written decision that will be mailed to all
the parties and their representatives.
For more information on the hearing process, including deadlines and procedures for
filing appeals, refer to the Rent Board website at http://sfrb.org.
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6. Neighborhood Resident Housing Preference
The Neighborhood Resident Housing Preference (NRHP) is designed to benefit
residents living in the same Neighborhood as a City Affordable Housing Project,
Households living in the same neighborhood are those households living in the same
Supervisorial District or within a ½ mile radius of a project will be eligible for the NRHP.
The NRHP applies only to new residential developments with 5 or more City Affordable
Housing Units and is limited to 40% of the lottery units in the development.
6.1. Applying for Preference Status
An applicant who believes they are eligible for the NRHP must indicate on the
application form for the preference when applying for a City Affordable Housing Unit and
must provide proof of residency along with the lottery application for that unit. MOHCD
will use its Geographic Information System (GIS) to determine which applicant
addresses are eligible for the preference. After the application deadline, and no less
than seven (7) days prior to the housing lottery, MOHCD will post on the MOHCD
website or DAHLIA – San Francisco Housing Portal and, when available, project
website, the list of applicants (identified by their unique ‘lottery ticket’ numbers) who
have qualified for the NRHP for that lottery.
6.2. Eligibility
To be eligible for the NRHP, a Household applicant must include at least one member
who, at the time that the applicant submits the application, has a primary residence that
is:
(1) Located within the same Supervisorial District as the unit or project to which
the applicant has applied. (Supervisorial Districts are defined and established in
the San Francisco Charter, Appendix E.)
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Or
(2) Located within a ½ mile buffer around the location of the unit or project to
which the applicant has applied. For NRHP eligibility purposes, the ½ mile
buffer shall be defined as a zone extending from the edge of the parcel or
parcels containing the unit or project to include all parcels that intersect the ½
mile buffer either whole or in part.
An applicant who lives at an eligible address as of the date of submitting a housing
lottery application, but later moves outside the Neighborhood, may still qualify for
NRHP. Applicant Households made up of individuals who do not currently live together
at the time of application may be eligible for NRHP so long as at least one member lives
at an eligible address at the time of lottery application.
While the Household composition may change after the Household’s lottery application
is submitted, Household members who qualified a Household for the NRHP must sign
the lease or purchase agreement for the City Affordable Housing Unit and occupy such
unit or the Household will lose its preference status (the Household may remain on the
general lottery list or on any other preference lists for which it remains qualified).
Eligibility for the NRHP does not guarantee that the holder will be eligible for a
City Affordable Housing Unit. All applicants will still be required to meet all other
eligibility requirements of the unit (e.g. income eligibility, household size
requirements, etc.).
6.3. Documentation
In order to benefit from NRHP an applicant Household must provide documentation at
the time of its lottery application sufficient to establish, in MOHCD’s reasonable
discretion, that at least one member of the Household resided at the listed eligible
32
address at the time of the application. Applicants who do not submit documentation or
whose documentation is not current, will not be eligible for the NRHP.
Acceptable documentation will include, but not be limited to, any one (1) of the
following:
Cable or internet bill
Gas bill
Electric bill
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the applicant’s name and current address and be dated
within 45 days of the date of the lottery application. MOHCD reserves the right to
request additional information and documentation.
Applicants who are homeless at the time of application may demonstrate eligibility for
the NRHP by providing a letter from a case manager or homeless shelter attesting to
the fact that the applicant is homeless and identifying where they are currently staying.
Letters must be signed, dated and on official letterhead from an agency that provides
health, mental health or housing services to the homeless.
In the event that MOHCD determines that any applicant has provided falsified
documentation of any kind, the application will be disqualified, removed from
consideration and will not be included in the lottery.
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6.4. Questions and Appeals
Inquiries about eligibility for the NRHP and other questions regarding the application
process should be addressed to the Mayor’s Office of Housing and Community
Development at (415) 701-5500, via TDD at (415) 701-5503 or lottery
Disputes for the denial of the Neighborhood Resident Housing Preference
Applicants who wish to dispute MOHCD’s determination regarding eligibility for the
NRHP may request, in writing, that the Deputy Director - Homeownership & Below
Market Rate Programs review and reconsider their preference eligibility. A request for
review must be received by MOHCD at least 48 hours prior to the scheduled lottery. In
some cases, applicants may be granted preliminary NRHP status while MOHCD
completes further research on the eligibility of the address in question. If MOHCD
determines that a disputed address does not qualify for preference after the lottery, the
applicant will be removed from the NRHP lottery pool. (The applicant could remain on
the general lottery list and any other preference lists for which they are eligible.) Final
determination on the eligibility of an address must be made before a Household is
offered a unit for lease or purchase.
Any supplementary materials or additional information demonstrating eligibility must be
submitted at the same time as the request for reconsideration. Requests for
reconsideration may be emailed to lotteryappeal@sfgov.org
with the subject heading
“Request for Neighborhood Preference Reconsideration.”
Requests for reconsideration may be delivered by mail or in person to:
Deputy Director - Homeownership & Below Market Rate Programs Mayor’s
Office of Housing and Community Development
1 South Van Ness Ave, 5
th
Floor
San Francisco, CA 94103
34
Upon receipt of the request for reconsideration and all related materials, the complete
application package will be reviewed by the Deputy Director - Homeownership & Below
Market Rate Programs, and a final MOHCD determination of whether or not the
applicant is eligible shall be made within fourteen (14) calendar days after receipt of the
request (Final MOHCD Determination).
Appeals for the denial of NRHP
Applicants who wish to dispute the final MOHCD determination made by the Deputy
Director - Homeownership & Below Market Rate Programs are entitled to a hearing
conducted by an ALJ.
The request for an ALJ hearing must be in writing within 7 days of receipt of notice of
the decision of the Deputy Director - Homeownership and Below Market Rate Programs
and may be delivered via email to lotteryappeal@sfgov.org with the subject heading
“Request for NRHP Rent Board Administrative Law Judge Hearing”.
Requests for a Rent Board hearing may be delivered by mail or in person to:
Request for NRHP Rent Board Administrative Law Judge Hearing
Neighborhood Housing Preference Program
Mayor’s Office of Housing and Community Development
1 South Van Ness Ave, 5
th
Floor
San Francisco, CA 94103
Upon receiving the written request for an ALJ hearing, MOHCD will provide the ALJ with
all application materials and any supplementary information from the applicant, as well
as contact information for the applicant and any named representatives indicated in the
request for ALJ hearing. The ALJ will then send a Notice of Hearing at least 10 days
before the hearing date to MOHCD and to the applicant and their named
representatives.
35
Requests for postponements must be submitted in writing to the ALJ and will be granted
only when there is good cause. Evidence supporting the good cause must be submitted
with the request for postponement.
On the hearing date, the applicant and MOHCD may each appear to present evidence
and argue their position. The hearing process is designed so that no one needs an
attorney, although parties are entitled to have an attorney or other authorized
representative assist them at the hearing. The parties or their representatives are
permitted to present testimony and evidence, and to cross-examine the other parties
and their witnesses. The ALJ may also ask questions of the parties and witnesses to
ensure that all pertinent facts are brought out. The record may be held open for the
submission of additional evidence after the hearing.
After the record is closed, the ALJ will issue a written decision that will be mailed to all
the parties and their representatives.
For more information on the hearing process, including deadlines and procedures for
filing appeals, refer to the Rent Board website at http://sfrb.org.
7. Live/Work Preference
MOHCD has adopted a policy of applying a preference in selecting residents for City
Affordable Housing Projects to Households that live or work in San Francisco whenever
possible (Live Work Preference or LWP).
7.1. Applying for the Preference
To be eligible for the LWP, an applicant must indicate on his or her application that he
or she currently lives or works at least 75% of his or her working hours in San Francisco
and must provide proof of residency or employment along with the application. If
36
acceptable proof is not provided with the application, applicants will not be eligible for
the LWP regardless of the location of residency or employment. Project Sponsors will
provide this documentation to MOHCD for determination of eligibility for the LWP.
7.2. Eligibility
Any applicant Household with at least one member who currently lives in the City and
County of San Francisco or works at least 75% of their working hours within the City
may be eligible for the LWP.
Applicants who live at an eligible address on the date that they submit their housing
application but later move outside the City will receive the LWP.
Applicant Households made up of individuals who do not currently live together at the
time of application may be eligible for LWP so long as at least one member lives at an
eligible address or works at least 75% of their working hours in the city at the time of
application.
While the Household composition may change after the Household’s application,
Household members who qualified a Household for the LWP must sign the lease or
purchase agreement for the City Affordable Housing Unit and occupy the unit or the
Household will lose its preference status (the Household may remain on the general
lottery list and on any other preference lists for which it remains qualified).
7.3. Documentation
To be considered a Household that lives or works in San Francisco, at least one
member of the Household must provide the following proof of either residency or
employment:
37
Residency
To establish residency, the Household member must provide supporting documentation
verifying that he or she lives in San Francisco, including at least one (1) of the following:
Cable or internet bill
Gas bill
Electric bill
Garbage bill
Water Bill
Paystub
Public benefits records (e.g. SSI/SSP, MediCal, GA, Unemployment Insurance,
CalFresh)
School records
All documentation must list the household member’s name and current address and be
dated within 45 days of the date of the lottery application. MOHCD reserves the right to
request additional information and documentation.
Applicants who are homeless at the time of application may demonstrate eligibility for
the live/work preference by providing a letter from a case manager or homeless shelter
attesting to the fact that the applicant is homeless and identifying where they are
currently staying. Letters must be signed, dated and on official letterhead from an
agency that provides health, mental health or housing services to the homeless.
Employment
To establish that a Household member is employed in San Francisco for purposes of
the LWP, such member must provide supporting documentation verifying that the he or
she is employed in San Francisco.
38
The Project Sponsor shall verify that a Household member works in San Francisco by
reviewing the Household member’s paystubs. If the member’s employer is not based in
San Francisco, or if the paystubs do not reflect a San Francisco work address, the
Household member must supply a letter from the employer stating that the person
works primarily in San Francisco and that at least 75% of their working hours are in San
Francisco. MOHCD reserves the right to request additional information and
documentation.
In the event that MOHCD determines that any applicant has provided falsified
documentation of any kind, the application will be disqualified, removed from
consideration and will not be included in the lottery.
7.4. Questions
Inquiries about eligibility for the LWP and other questions regarding the application
process should be addressed to the Mayor’s Office of Housing and Community
Development at (415) 701-5613, via TDD at (415) 701-5503 or via email at
sfhousinginfo@sfgov.org.
8. Priorities for Accessible Units
Project sponsors must give first priority in allocating units with accessibility features
(accessible units) to Households with documented need for one or more of the specific
accessibility features present in the available unit.
Applicants in need of an available accessible unit will be evaluated and offered the unit
in lottery rank order. If no applicant has a documented need for an accessible unit, the
units will be offered to other eligible applicants according to the same lottery preference
ranking used for other City Affordable Housing Units. Should the unit be offered to an
applicant who does not require accessibility features, they will be required to sign an
39
agreement to transfer to a comparable non‐accessible unit within the project should a
tenant or applicant require an accessible unit in the future. Failure to transfer as agreed
shall be deemed non‐compliance with the Lease.
Applicants who request priority for accessible units will also be included in the general
lottery pool and any preference lottery pools for which they are eligible.
8.1. Applying for an Accessible Unit
Households with a member who needs accessibility features may indicate the need for
an accessible unit on the lottery application and provide a short description of the
accessibility features needed.
8.2. Eligibility
The specific accessibility features included in designated accessible units will vary from
one unit to another. To be eligible for a specific accessible unit, an applicant must
include a Household member with a documented need for the specific features included
in the available accessible unit. For example, an applicant who uses a wheelchair
would not receive priority for a unit designed for a person with visual impairments.
While the Household composition may change after the application, the Household
member with documented needs for an accessible unit must sign the lease or purchase
agreement and occupy the unit, or the Household will lose its priority status.
8.3. Documentation
Applicants requesting accessible units will be asked to provide a letter from their doctor
or other licensed medical professional stating that the applicant has a medical condition
or disability and needs the features of the unit as an accommodation to his or her
condition. The letter does not need to state the nature of the medical condition that
leads to the need for the accessibility features. Documentation will be requested after
40
the lottery as part of the applicant eligibility screening process. MOHCD reserves the
right to request additional information and documentation.
In the event that MOHCD determines that any applicant has provided falsified
documentation of any kind the application will be disqualified, removed from
consideration and will not be included in the lottery.
9. The Lottery and Selection Process
9.1. Preference Order
Project Sponsors with occupied projects or projects required to have a Marketing Plan
for initial and ongoing marketing of the City Affordable Housing Units and a written
Resident Selection Criteria for initial and ongoing renting of affordable units are required
to work closely with MOHCD to incorporate the housing preferences, lottery and lease-
up policies and procedures to the extent that they are consistent with the requirements
of existing project financing. Where there are conflicts, this policy is not intended to and
does not preempt the requirements of state or federal financing or housing subsidy
programs.
The procedures and policies outlined here are, however, intended to guide the
development of Marketing Plans for new and existing City Affordable Housing Projects
seeking MOHCD approval. However, even for new projects, regulations for state or
federal financing sources may prevent the application of locally imposed preferences or
outline selection procedures that may contradict the procedures described here. In
these cases, MOHCD may approve Marketing Plans that outline or preferences or
selection procedures that differ from the ideal described below.
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Table: Summary of the Order of Preferences
Project Type
New and Vacant Buildings
Rerentals and Resales
INCLUSIONARY
BMR PROJECTS
1. Certificate of Preference
2. Displaced Tenant Housing
Preference (up to 20% of City
Affordable Housing Units)
3. Neighborhood Preference (up to
40% of City Affordable Housing
Units)
4. Live or Work in San Francisco
5. General Pool
*Accessible Units Priority
1. Certificate of Preference
2. Displaced Tenant Housing
Preference (if less than 20% of
units were filled by tenants
using DTHP certificates).
3. Live or Work in San Francisco
4. General Pool
*Accessible Units Priority
OCII PROJECTS
1. Certificate of Preference
2. Rent Burdened/Assisted Housing
Residents
3. Displaced Tenant Housing
Preference (up to 20% of City
Affordable Housing Units)
4. Neighborhood Preference (up to
40% of City Affordable Housing
Units)
5. Live or Work in San Francisco
6. General Pool
*Accessible Units Priority
In certain projects, there may be
special preferences that will be
prioritized.
1. Certificate of Preference
2. Rent Burdened/Assisted
Housing Residents
3. Displaced Tenant Housing
Preference (up to 20% of City
Affordable Housing Units)
4. Live or Work in San Francisco
5. General Pool
*Accessible Units Priority
In certain projects, there may be
special preferences that will be
prioritized.
OTHER CITY
AFFORDABLE HOUSING
PROJECTS
1. Certificate of Preference
2. Displaced Tenant Housing
Preference (up to 20% of City
Affordable Housing Units)
3. Neighborhood Preference (up to
40% of City Affordable Housing
Units)
4. Live or Work in San Francisco
5. General Pool
*Accessible Units Priority
In certain projects, there may be
special preferences that will be
prioritized.
1. Certificate of Preference
2. Displaced Tenant Housing
Preference (up to 20% of City
Affordable Housing Units)
3. Neighborhood Preference (up
to 40% of City Affordable
Housing Units)
4. Live or Work in San Francisco
5. General Pool
In certain projects, there may be
special preferences that will be
prioritized.
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For the purpose of determining the number of units to which the Displaced Tenant
Housing Preference (DTHP) and Neighborhood Resident Housing Preferences (NRHP)
are applied, fractional units are ignored. For example, in a new project with ten (10)
City Affordable Housing Units, up to 20% or two (2) units would be set aside for
Households with DTHP certificates and an additional 40% or four (4) would be set aside
for applicants with the Neighborhood Resident Preference. But in a new project with 9
units, there would be only one (1) DTHP unit and three (3) Neighborhood Resident
Preference units. Neither preference will be applicable to City Affordable Housing
Projects with fewer than five (5) units.
9.2. Bringing Units to the Market
Racial Equity Policy
Under the leadership of Mayor Breed, and in partnership with city and community
leaders, MOHCD seeks to advance opportunities and improve programmatic outcomes
for Black, Brown, and other low-income residents of historically and systematically
marginalized populations who have faced barriers to accessing affordable housing
opportunities. As such, MOHCD is assessing programs, contracts, and procurements to
ensure they advance the City’s racial equity goals. MOHCD will be working closely with
our partner organizations to monitor the impact of our investments. MOHCD will provide
capacity building, clear information to partnering organizations, and create channels to
give and receive feedback to ensure that all parties are aligned in the expectation to
create an inclusive and equitable City where all residents have the opportunity to thrive.
Marketing Plan
Sponsors shall submit to MOHCD a complete Marketing Plan based on MOHCD’s
template for approval at least forty-five (45) calendar days prior to accepting lottery
applications and at least one hundred and twenty (120) calendar days prior to the
anticipated close of escrow for ownership units or lease origination dates for rental
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units. The Marketing Plan as provided to MOHCD shall not be changed without
providing MOHCD with fourteen (14) calendar days written notice.
Marketing Plan Requirements
(1) MOHCD will provide Project Sponsors a template of the Marketing Plan to
ensure they meet the marketing plan requirements. Project Sponsors shall only
use the most current and approved Marketing Plan template provided by
MOHCD. Any Marketing Plan that is not based on MOHCD’s template will not be
approved.
(2) Project Sponsors shall demonstrate in the Marketing Plan submission that they
are prepared by providing adequate staffing levels to ensure a timely lease-up
and sales process. Staff employed to conduct lease-up or sales activities shall
have the experience, professional skills, and training necessary to efficiently,
effectively and respectfully interact with applicants with the highest level of
culturally competent customer service.
(3) In accordance with MOHCD’s racial equity policy described above, the Marketing
Plan template will include marketing, outreach, and leasing/sales standards to
limit barriers for historically and systematically marginalized populations from
accessing affordable housing opportunities. Marketing Plans that present barriers
will not be approved until the barriers are eliminated. By way of example only,
prohibited barriers including, but are not limited to, a minimum FICO credit score
higher than 620; a criminal background screening not in compliance with the
City’s Fair Chance Ordinance; and establishing excessive guarantor
requirements.
Conflict of Interest
The Project Sponsor may not sell or rent a BMR Unit to the Project architect, attorney,
prime contractor, or to anyone of its or their employees, directors, officers or agents, or
to any of their family members, as determined by MOHCD.
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Outreach to COP Holders
Outreach to COP holders is mandatory. To that extent, the City shall:
Address printed notices to COP Holders created by the Project Sponsor using an
MOHCD template.
Assistance to qualified tenants in filing COP applications or referral to an
appropriate housing counseling organization.
Bill the Project sponsor for the cost of mailing any marketing materials to COP
holders.
The Project Sponsor shall:
Create written notices to COP Holders advising them that units are available
using the template provided by MOHCD in the Marketing Plan template.
Mail the notices prior to the application period. For Office of Community
Investment and Infrastructure (OCII) projects, Notices should be mailed at least
15 months before completion of construction as well as prior to the application
period.
Bear the full cost of the mailing.
Outreach to DTHP Certificate Holders
The City shall furnish the following:
A housing email alert service which provides notices to DTHP certificate holders
advising them of available City Affordable Housing Units.
Assistance to tenants in filing DTHP applications (when possible) or referral to an
appropriate housing counseling organization.
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Outreach to Neighborhood Residents
Project Sponsors shall take proactive steps to ensure that residents of the
Neighborhoods surrounding a project are informed of the availability of the City
Affordable Housing Units and the existence of a Neighborhood Resident Housing
Preference. Marketing Plans should outline specific steps including but not limited to:
Posting notices on the project construction site.
Advertising in community newspapers or websites targeting or serving the
Neighborhood.
Sponsoring community events.
Notification in District Supervisor’s Office for inclusion in E-mail Blasts to
residents of the district.
Mailings or fliers distributed to neighboring businesses and non-profit
organizations serving the neighborhood.
Prior to the Lottery, if Neighborhood Residents do not make up a significant share of
applicants for a given project, MOHCD may determine that additional Neighborhood
outreach is necessary before closing the application period and conducting the lottery.
Application Forms
Applicants must submit a MOHCD application by a specific deadline for each lottery,
either through DAHLIA San Francisco Housing Portal or by paper application through
MOHCD’s Post Office box, as listed on DAHLIA. DAHLIA can be translated into many
languages and the paper lottery application is available in the City’s official languages,
as amended from time to time. Currently these languages are Traditional Chinese,
English, Spanish and Filipino. Applicants may only submit one application (whether
online or on paper via the MOHCD Post Office box) per lottery. Should an applicant
submit more than one application or appear on more than one application, all
associated applications will be removed from the lottery. Applicants notified that their
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applications have been removed from the lottery have 24 hours to appeal to MOHCD in
writing to lotteryappeal@sfgov.org.
All City Affordable Housing Project applications shall include the following questions:
Do you have a Certificate of Preference from the San Francisco Redevelopment
Agency?
Do you have a Displaced Tenant Housing Preference Program certificate?
To the best of your knowledge, is one or more of the Household members
currently a resident of the supervisorial district including the project you are
applying for or a ½ mile buffer surrounding the parcel containing the project?
Does one or more of the Household members currently live or work in San
Francisco?
Applications for projects shall include the following notice placed prominently:
If eligibility for a preference cannot be verified or acceptable documentation to
prove eligibility for a preference is not submitted, your Household will not receive
the preference for which you indicate eligibility.
Application Submission
An applicant household may only submit one application per lottery. Additionally, any
household member may only appear once on an application for a lottery. Any duplicate
applications and applications where any household member appears on more than one
application will be removed from the lottery.
MOHCD will deny applications and/or terminate program participation of applicants who
knowingly provide false, misleading, or inaccurate information or withhold information on
all MOHCD lottery and program applications, and may refer such applicants to the City
Attorney’s Office. "Knowingly" means any of the following where the applicant: (1) has
actual knowledge of the information; (2) acts in deliberate ignorance of the truth or
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falsity of the information; (3) acts in reckless disregard of the truth or falsity of the
information. MOHCD does not have to provide proof of an applicant’s specific intent in
order to deny and/or terminate program participation. Please refer to the HOUSEHOLD
CERTIFICATION AND SIGNATURES page of the program related applications for
more details.
Pre-Lottery Application Tracking
No more than seven (7) calendar days after the application deadline, the Project
Sponsor must enter all lottery applications into Salesforce and review all flags for
duplicate lottery applications. MOHCD will, in turn, audit the paper applications
submissions and review flags. No less than three (3) business days prior to the lottery
the Project Sponsor will inform all applicants removed from the lottery for duplicate
submissions. Applicants have 24 hours to appeal to MOHCD at
lotteryappeal@sfgov.org and must provide additional information to substantiate the
request.
MOHCD will verify COP or DTHP certificate holders prior to the lottery.
Pre-Lottery NRHP Summary Report
No less than five (5) business days prior to the lottery proceedings, MOHCD will
approve a final Pre-Lottery Application NRHP Preference Report which MOHCD will
post on DAHLIA-San Francisco Housing Portal or the MOHCD website. This report will
include no identifying information about applicants other than their lottery ticket number
and will indicate for each applicant whether or not they are qualified for the
Neighborhood Resident Housing Preference pool in the upcoming lottery.
Lottery Procedures
Lotteries for City Affordable Housing Units shall be held in a public, accessible location
that is arranged and paid for by the Project Sponsor. Applicants shall be invited to
attend lotteries, but attendance is not mandatory as lottery results are readily available
on DAHLIA - San Francisco Housing Portal.
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A representative of MOHCD shall conduct the lottery in tandem with the Project
Sponsor. MOHCD shall employ a publicly available computer program to generate a
random lottery rank for each and every complete application with no regard for the
various preference pools. All applicants with lottery ticket numbers shall be assigned a
lottery rank.
This list of all complete applications sorted by lottery rank number constitutes the
‘unranked’ lottery pool. However, several additional pools must be constructed
including only those applicants who qualify for specific preferences. MOHCD will
produce a ranked applicant list for each relevant preference pool. Applicants will be
included in all preference pools for which they are eligible. Many applicants will be
included in multiple preference pools. All DTHP certificate holders will be automatically
included in the LWP pool, if applicable, regardless of their current address at the time of
application. Each of the preference pools will be sorted in lottery rank order using the
same lottery rank numbers (i.e. there is no separate drawing for each pool, applicants
receive only one lottery rank number which determines their position on each
preference list. For example, an applicant with lottery rank number 10 would be in tenth
position in the unranked pool but, they could also be in third position in the LWP pool
and first position in the DTHP pool.)
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Sample Report:
Final Lottery List
No later than seven (7) days after the date on which the lottery is held, MOHCD and the
Project Sponsor shall publish the final lottery list including the lottery rank assigned to
each lottery number in the general pool list and the resulting ranked preference lists for
each preference pool.
Lottery results shall be posted on DAHLIA-San Francisco Housing Portal, and only once
they are posted are the results final. The lottery results shall not include the names of
applicants but only the application ticket numbers. It is the applicants’ responsibility to
check their lottery results.
Application Review
Applications shall not be reviewed for eligibility before a lottery, but only after the lottery
ranking has been finalized. Post-lottery Project Sponsors shall notify applicants by mail,
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email, phone, text messaging and through their alternate contact listed on their lottery
application in rank order by preference pool.
The Project Sponsor shall adhere to the rank order of each of the lottery
preference pool lists when reviewing applications.
For the sake of efficiency, Project Sponsors may request documentation from multiple
applicants with similar rankings; however applicants will be approved, disqualified, or
offered the opportunity to select a unit in rank order by preference pool only.
Because Project Sponsors are requesting and reviewing multiple applications
simultaneously, the Project Sponsor must inform applicants verbally and in
writing that submission of income and asset documentation is not and may not
result in an approval or offer for a unit.
Because of the complexity resulting from multiple overlapping preference pools, it is
important that a Project Sponsor offer an available unit to only one applicant. MOHCD
will validate applicants who are eligible for the COP and DTHP preferences. Proceeding
through the list beginning with the applicant with the highest lottery rank number in the
first preference pool (generally the COP list), and moving through that list before
proceeding to the next preference pool, the Project Sponsor for a rental project will
validate an applicant’s eligibility for the NRHP and Live Work preference (MOHCD will
make such determination in the case of an ownership project). Eligible applicants will
be sent an approval letter and given the chance to select a unit in lottery rank order. An
applicant that selects a unit will be removed from all subsequent preference pools or the
general pool. If an applicant is disqualified or declines a unit (withdraws), they will be
removed from all subsequent preference pools or the general pool.
In the event that applicants utilizing DTHP certificates are approved for at least 20% of
the total available City Affordable Housing Units in a Project, processing of applicants
from the DTHP preference pool will be suspended and applicants from the next
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preference pool will be considered next. The ranked DTHP list will be maintained in
case any of the selected DTHP certificate holders later withdraws, in which case the
next sequential applicant on the DTHP pool list will be considered.
In the event that applicants utilizing the NRHP are approved for at least 40% of the total
available City Affordable Housing Units in a Project, processing of applicants from the
NRHP pool will be suspended and applicants from the next preference pool will be
considered. The ranked NRHP list will be maintained in case any of the selected NRHP
applicants later withdraws, in which case the next sequential applicant on the NRHP
pool list will be considered.
For rental projects, Project Sponsors may only run rental or credit history checks after
income and asset eligibility is finalized. Criminal history may only be run after all other
qualifications for affordable housing are finalized in compliance with the San Francisco
Police Code Article 49 – Fair Chance Ordinance (FCO).
Response Deadline
An applicant shall have at least five (5) calendar days to respond to the Project Sponsor
from the date of the notice to provide documentation for review of their financial
qualifications. Failure to respond or request an extension of time will result in a
disqualification.
An applicant who has been approved and notified in writing by the Project Sponsor shall
have at least seven (7) calendar days thereafter to enter into a lease agreement or a
purchase agreement for the available unit, as applicable. If the applicant fails to
affirmatively respond to an offer of a unit, the offer of a unit shall be considered
‘rejected’ by the applicant. Rejection of the unit by an applicant must be shown as
Withdrawn on the current status report submitted to MOHCD on a weekly basis. Written
notice shall be provided to applicants whose applications are closed due to a lack of
response. Applicants may ‘reject’ units with no consequence for their eligibility for future
City Affordable Housing Units.
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Unit Selection
Applicants have the opportunity to choose among units that meet the household size in
lottery rank by preference.
While Household composition may change after an applicant submits an application
under certain qualified events described in the Inclusionary Affordable Housing Program
Monitoring and Procedures Manual, as amended from time to time, Project Sponsors
shall verify that Household members who qualified as the Household for any
preferences are still included in the Household and sign the lease or purchase
agreement. In the event that Household composition changes in a way that results in a
loss of any preference status, the Household will be removed from the relevant
preference list and the available unit shall be offered to the next eligible Household.
In some cases, applicants who are eligible for the overall project may not qualify for any
of the remaining available units because of Household size or other factors. If there is
no appropriate unit available for the next eligible applicant, the applicant may maintain
their position on the list while the Project Sponsor processes the next eligible applicant
for whom there is an appropriate available unit. Project Sponsors need not complete all
elements of eligibility screening once they have sufficient information to determine that
no appropriate unit is available for an applicant.
Coordination Between MOHCD and Project Sponsor
Because of the complexity in implementing the preference rules it is essential for
MOHCD and Project Sponsors to coordinate closely as applicants are evaluated.
In order to prepare to process applicants in the most efficient manner, Project Sponsors
may collect supporting documentation from applicants whose lottery position makes
them likely to be considered soon. However, because of the complexity of the
preference system, it will not always be possible to know which applicants will be
considered next. (For example, if the next applicant in order is being considered for the
last available Neighborhood Resident Housing Preference (NRHP) unit, the applicant to
be considered after that will depend on whether this first applicant is approved and
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accepts a unit or not. In this case a Project Sponsor would want to request
documentation from the next one or two applicants on the NRHP list as well as the first
applicants in the Live/Work Preference pool.)
In order to facilitate this process, MOHCD will provide Project Sponsors with an
applicant tracking tool which identifies the first applicant as well as the likely next
applicants in rank order. Sponsors must use this tool to ensure that applicants are
screened in the proper rank order.
For rental projects, the Project Sponsor will process all applications in preference rank
order and communicate application status back to MOHCD for each application
processed before moving to consider the next eligible applicant. Application status may
include:
Processing
Approved
Lease Signed (identify unit number)
Disqualified
Appeal
Waitlisted
Withdrawn
For ownership projects, MOHCD will process all applications in preference rank order
and communicate application status to the Project Sponsor and the applicant for each
application processed before moving to consider the next eligible applicant. Application
status may include:
Processing
Conditional Approval
Purchase Agreement Signed (identify unit number)
Final Approval
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Disqualified
Appeal
Waitlisted
Withdrawn
Closed
Disqualification and Appeals
Applicants who are not able to demonstrate eligibility for a housing unit shall be notified
in writing of their disqualification. Disqualification letters shall inform applicants that they
may appeal to MOHCD or Project Sponsor with a request for Reconsideration within
five (5) calendar days from the date of the disqualification letter. For rental projects,
applicants disqualified based on criminal background history will have fourteen (14)
calendar days from the date of the disqualification letter to appeal to the Project
Sponsor in accordance with the San Francisco Police Code Article 49 – Fair Chance
Ordinance (FCO).
In the case of an appeal or request for reconsideration, the Project Sponsor and
MOHCD shall follow the appeal procedures outlined in this procedures manual, the
project’s Marketing Plan, and if applicable, the Resident Selection Criteria. Typically,
this will require holding an appropriately sized unit for the disqualified Household while
MOHCD or Project Sponsor evaluates the request for reconsideration. However,
applicants who are found to be ineligible for DTHP and NRHP have the option to appeal
to a Rent Board Administrative Law Judge as described in Section 5.7 of this
procedures manual.
Final Documentation for Rental Projects
Within fourteen (14) calendar days after an applicant executes of a lease for a rental
unit, the Project Sponsor shall supply MOHCD with a copy of the following for all DTHP
and COP applicants:
Signed copy of lease
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Copy of complete application
Waitlists
For projects that fill vacancies from a waitlist the Project Sponsor must put the following
guidelines in place. The number of households on a waitlist should be no more than
500% of the number of City Affordable Housing Units in the lottery. The minimum
number of households on the waitlist should be no less than 30% of the number of
lottery affordable units. For example, for a project with 100 lottery units there should be
a maximum of 500 households on the waitlist and a minimum of 30 households on the
waitlist. If the number of households on the waitlist drops below 30% the Project
Sponsor must contact MOHCD to refresh the waitlist by submitting a new Marketing
Plan. A marketing period will commence, and a lottery conducted thereafter, to
determine which households will fill the open vacancies from the waitlist. Households
from subsequent lotteries will be placed after the households who were already on the
waitlist.
Additionally, the Project Sponsor must contact the households on the waitlist in writing
annually to determine if they want to remain on the waitlist. If households do not
respond they will be removed from the waitlist.
