S.F. Police Code Article 49 § 4908
EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED (San Francisco Fair Chance Ordinance)
Operative Text
(a) It shall be unlawful for an Employer, Housing Provider, or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article. (b) It shall be unlawful for an Employer to refuse to hire an applicant, or to discharge, threaten to discharge, demote, suspend or otherwise take Adverse Action against an employee in retaliation for exercising rights protected under this Article. Such rights include but are not limited to: (1) the right to file a complaint or inform any person about any Employer's alleged violation of this Article; (2) the right to inform any person about an Employer's alleged violation of this Article; (3) the right to cooperate with the OLSE or other persons in the investigation or prosecution of any alleged violation of this Article; (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or (5) the right to inform any person of his or her rights under this Article. (c) It shall be unlawful for a Housing Provider to interrupt, terminate, or fail or refuse to initiate or conduct a transaction involving the rental or lease of residential real property, including falsely representing that a residential unit is not available for rental or lease, or otherwise take Adverse Action against a person in retaliation for exercising rights protected under this Article. Such rights include but are not limited to: (1) the right to file a complaint or inform any person about any Housing Provider's alleged violation of this Article; (2) the right to inform any person about a Housing Provider's alleged violation of this Article; (3) the right to cooperate with the HRC or other persons in the investigation or prosecution of any alleged violation of this Article; (4) the right to oppose any policy, practice, or act that is unlawful under this Article; or (5) the right to inform any person of his or her rights under this Article. (d) Protections of this Section 4908 shall apply to any person who mistakenly but in good faith alleges violations of this Article. (e) Taking Adverse Action against a person within 90 days of the exercise of one or more of the rights described in this Section 4908 shall create a rebuttable presumption that such Adverse Action was taken in retaliation for the exercise of those rights. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing
San Francisco Police Code Article 49 § 4908 makes it unlawful for a Housing Provider or Employer to retaliate against someone for exercising rights established under Article 49, such as filing a complaint, cooperating with an investigation, or informing others of their rights. The prohibition covers a wide range of retaliatory acts, including adverse actions in rental transactions—like falsely claiming a unit is unavailable—as well as adverse employment actions. Importantly, the rule extends its protections to people who raise concerns in good faith even if their underlying allegation turns out to be mistaken, and it establishes a rebuttable presumption of retaliation when an adverse action occurs within 90 days of protected activity.
Plain English — not legal advice.
Under S.F. Police Code Article 49 § 4908, Housing Providers are expected to ensure that rental decisions—including whether to initiate, continue, or complete a lease transaction—are made on legitimate, documented grounds entirely independent of any protected activity a prospective or current tenant may have engaged in. Compliant operators typically maintain clear records of the business reasons behind rental decisions so that timing alone does not create an unresolved presumption of retaliation, particularly given the 90-day window the provision establishes. Because the rule also covers good-faith but mistaken complaints, Housing Providers generally treat all complaints as protected regardless of whether they believe the underlying allegation has merit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4908 of S.F. Police Code Article 49 protects tenants and prospective tenants from adverse housing actions—such as a sudden refusal to rent, a lease termination, or a false claim that a unit is unavailable—taken in response to protected activity like filing a complaint or cooperating with the Human Rights Commission (HRC). If an adverse action occurs within 90 days of protected activity, § 4908 creates a rebuttable presumption that the action was retaliatory, which can be a meaningful factor in any proceeding. Tenants who believe they have experienced retaliation may consider filing a complaint with the HRC, raising the violation as a defense in an eviction or other proceeding, or reaching out to a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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