San Francisco tenant screening & landlord laws

California's statewide rent cap and just-cause eviction statutes are explicitly written as a floor, not a ceiling: the rent-cap statute says it does not "affect the existing authority of a local government to adopt or maintain rent controls ... consistent with" California's Costa-Hawkins framework, and the just-cause statute says a more protective local ordinance adopted on or before September 1, 2019 controls instead of the state rule. San Francisco's own Rent Ordinance predates both statutes by decades, so in practice San Francisco's local rules — not the statewide 5%-plus-CPI-or-10% cap — set the operative rent-increase limit for most older buildings in the city. Screening-fee and security-deposit rules, by contrast, are set at the state level and generally apply the same way in San Francisco as anywhere else in California, subject to whatever local disclosure or fair-chance rules SF layers on top (below).

San Francisco's Human Rights Commission confirms that the city has its own Fair Chance Ordinance, which the Commission describes as protecting "residents with arrest or conviction history in affordable housing decisions." That framing matters: California's own statewide "Fair Chance Act" (which some sources cite as Gov. Code §12952) is an employment ban-the-box law administered by the state's Civil Rights Department — confirmed directly on the Department's own Fair Chance Act page, which describes it purely in terms of job applicants and employers. San Francisco's housing-side Fair Chance Ordinance is a separate, local law. We were not able to pull the full ordinance text (commonly cited as San Francisco Police Code Article 49) this session to confirm whether its housing provisions reach all private market-rate rentals or are limited to affordable/regulated housing as the Human Rights Commission's summary suggests — treat the scope as a hedge and confirm directly with the Human Rights Commission or the ordinance text before finalizing a citywide screening policy.

San Francisco's Rent Board administers the local Rent Ordinance, which limits annual rent increases for most older, "covered" units well below the statewide cap. "For covered units, the allowable rent increase effective March 1, 2025 through February 28, 2026 is 1.4%" — far tighter than the statewide 5%-plus-CPI-or-10% ceiling. Confirm directly with the Rent Board whether a specific unit is "covered," including the applicable certificate-of-occupancy cutoff date and exemptions.

San Francisco also maintains its own local just-cause eviction rules, which — because they predate and are considered more protective than California's statewide just-cause statute — continue to control inside the city rather than being superseded by the state law. We were not able to pull the full current list of San Francisco's just-cause eviction categories or its Administrative Code section number this session; landlords and tenants should confirm the current list directly with the SF Rent Board rather than relying solely on the statewide categories described in Civil Code §1946.2.

San Francisco is a consolidated city and county — there is no separate surrounding county government the way most California municipalities have. The Rent Ordinance, Fair Chance Ordinance, and Rent Board rules described above already apply citywide (and county-wide, since they're the same jurisdiction) with no additional "unincorporated area" layer to check.

What's the current maximum annual rent increase in San Francisco?

For rent-controlled ("covered") units, the San Francisco Rent Board's own page states the allowable increase for March 1, 2025 through February 28, 2026 is 1.4%, well below California's statewide cap of 5% plus CPI (or 10%, whichever is lower).

Does California's statewide rent cap override San Francisco's local rent control?

No. The statewide rent-cap statute (Civil Code §1947.12) expressly preserves local governments' authority to maintain stricter rent control consistent with the Costa-Hawkins framework, so San Francisco's older, generally tighter local limit continues to apply to covered units.

Does San Francisco limit how landlords can use criminal history in tenant screening?

Yes — San Francisco has its own Fair Chance Ordinance, which its Human Rights Commission describes as protecting people with arrest or conviction history in affordable housing decisions. We were not able to confirm this session whether it extends to all private market-rate rentals, so confirm the scope directly with the Commission.

Is San Francisco its own county for landlord-tenant purposes?

Yes. San Francisco is a consolidated city and county, so there is no separate county government or "unincorporated area" rule to layer on top of the city's own Rent Ordinance and Fair Chance Ordinance.

Checkr helps San Francisco landlords and property managers navigate one of the country's most layered tenant-screening environments — federal FCRA rules, California's statewide screening-fee and just-cause statutes, and San Francisco's own Rent Ordinance and Fair Chance Ordinance. Get started with Checkr to build a compliant, consistent screening process for your San Francisco rental.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.