san francisco rent board eviction process

In addition, each elderly (60 years or older) or disabled tenant, and each household with one or more minor children, was entitled to an additional payment of $3,000.00. If the landlord has recovered possession pursuant to Section 37.9(a)(8), such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier. The landlord also needs a "just cause"reason to remove, reduce or sever certain housing services from a tenancy, including garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patio, or gardens on the same lot, or kitchen facilities or lobbies in single room occupancy hotels. No. Information Regarding the Temporary Eviction Moratorium Click Here. The Rent Board staff will investigate a Report of Alleged Wrongful Eviction to determine if there is evidence of any of the following: If any of these criteria are met and there is evidence of an unlawful eviction, the matter may be scheduled for an investigatory hearing before an Administrative Law Judge. The eviction process can take from one month to many months, depending on whether the landlord proceeds correctly and whether the tenant exercises his or her rights in a timely fashion. NEW RULES FOR MISSED RENT … The CDC Order prohibits nearly all evictions for covered tenants until April 1, 2021, and allows a declaration to be provided to the landlord at any time (more information is available here). The Board will then send a notice to the landlord acknowledging receipt of the tenant’s report and summarizing the rights and responsibilities of the landlord and tenant regarding the eviction. A copy of Ordinance Section 37.9B must be included or attached to the notice. (C)  Provided further that where a rental agreement or lease provision limits the number of occupants or limits or prohibits subletting or assignment, a landlord shall not endeavor to recover possession of a rental unit as a result of the addition by the tenant of additional occupants to the rental unit, so long as the maximum number of occupants does not exceed the lesser of the amounts allowed by Subsection (i) or Subsection (ii) of this Section 37.9(a)(2)(C), if the landlord has unreasonably refused a written request by the tenant to add such occupant(s) to the unit. The process of an Ellis Act Eviction can be summarized in seven different steps as specified On The San Francisco Tenants Union home page. (iii)  This Subsection 37.9(a)(2)(C) is not intended by itself to establish a direct landlord-tenant relationship between the additional occupant and the landlord or to limit a landlord’s rights under the Costa-Hawkins Rental Housing Act, California Civil Code Section 1954.50 et seq. [Ordinance Sections 37.9(a)(2)(B)], Temporary Eviction for Capital Improvements, A landlord may recover possession of a rental unit if the landlord seeks in good faith and without ulterior motive to temporarily remove the unit from housing use in order to carry out capital improvements or rehabilitation work. Before property containing rental units subject to Section 37.9 may be sold, the owner/seller shall disclose to tenants of the property the rights of tenants during and after the sale of the property. This prohibition on evictions for breach of a lease provision added after the initial agreement does not apply where the breach involves: (1) changes in the lease that are not material; (2) a material change in the lease that was required by law or to protect the health, safety or quiet enjoyment of the occupants of the building or adjoining properties; or (3) a material change in the terms of a tenancy that is authorized under the Rent Ordinance and/or the Rules and Regulations, such as an annual allowable rent increase. If a landlord evicts or tries to evict a tenant unlawfully, the landlord is subject to civil and/or criminal liability. The San Francisco Rent Ordinance allows property owners to evict tenants so that the owner can move into the unit and use it as their primary residence. The second half of the required relocation assistance shall be paid when the tenant vacates the unit. For residential units covered under the San Francisco Rent Ordinance, the landlord must have honest intent, without ulterior motive (e.g., a motive of raising the rent) to evict the tenant with “just cause.” Below are the just causes summarized; for the legal wording get the rent control ordinance … The tenant may cure the violation by making a written request to add occupants referenced in Subsection (A), (B), or (C) of Section 37.9(a)(2) or by using other reasonable means to cure the violation, including, without limitation, the removal of any additional or unapproved occupant. The provisions of this subsection (a)(1)(D), being necessary for the welfare of the City and County of San Francisco and its residents, shall be liberally construed to effectuate its purpose, which is to protect tenants from being evicted for missing rent payments due to the COVID-19 pandemic. [Ordinance Section 37.9(a)(11); Rules and Regulations Section 12.15(b)(1)]. No. In such case, the landlord can charge only the rent-controlled rent within the first five years, but can charge market rent during the next five years. For an Ellis eviction, the landlord must remove all of the units in the building from the rental market, i.e., the landlord must evict all the tenants and cannot single out one tenant (for example, with low rent) and/or remove just one unit out of several from the rental market. It is strongly recommended that tenants and landlords seek legal assistance in any eviction action. No. While the Rent Board cannot provide legal advice or make a referral to individual attorneys, staff can provide appropriate resources for advice and assistance. If the landlord fails to respond to the tenant in writing within 14 days of receipt of the tenant's request to replace a roommate, the tenant's request shall be deemed approved by the landlord and the landlord cannot evict the tenant for breach of the “no subletting” clause. The Board shall prepare the form in English, Chinese, Spanish, Vietnamese, Tagalog, and Russian and make the form available to the public on its website and in its office. There may be other state law requirements governing eviction notices that are not covered here. The victim may authorize limited or general release of any information otherwise deemed confidential under this Subsection 37.9(a)(3.2). A list of relocation payment amounts is also available at our office. Unless the tenant or the tenant’s household member has obtained a protective order against the alleged abuser to vacate or stay from the unit as a result of acts constituting domestic violence or sexual assault or stalking against the tenant or tenant’s household member, the tenant may not obtain relief under Subsection 37.9(a)(3.1) if: (i)  The tenant was granted relief under Subsection 37.9(a)(3.1) in an action for possession of the unit within the previous five years; and, (ii)  A subsequent action for possession of the unit has now been filed; and. (2) Section 37.9(j)(1) shall not apply where the landlord is seeking to temporarily evict or temporarily sever housing services in order to perform seismic work required by Building Code Chapter 34B and has provided notice and compensation as required by Administrative Code Chapter 65A. [Ordinance Section 37.10A(i)], Tenant Allegations of Wrongful Eviction – Rent Board Process. Evidence that the landlord has not acted in good faith may include, but is not limited to, any of the following: (1) the landlord has failed to file the notice to vacate with the Rent Board as required by Section 37.9(c), (2) the landlord or relative for whom the tenant was evicted did not move into the rental unit within three months after the landlord recovered possession and then occupy said unit as that person’s principal residence for a minimum of 36 consecutive months, (3) the landlord or relative for whom the tenant was evicted lacks a legitimate, bona fide reason for not moving into the unit within three months after the recovery of possession and/or then occupying said unit as that person’s principal residence for a minimum of 36 consecutive months, (4) the landlord did not file a statement of occupancy with the Rent Board as required by Section 37.9(a)(8)(vii), (5) the landlord violated Section 37.9B by renting the unit to a new tenant at a rent greater than that which would have been the rent had the tenant who had been required to vacate remained in continuous occupancy and the rental unit remained subject to this Chapter 37, and (6) such other factors as a court or the Rent Board may deem relevant. Information Regarding the Temporary Rent Freeze Click Here. San Francisco Superior Court 400 McAllister Street, Room 509 San Francisco, CA 94102-4514. In addition, the Rent Board shall impose an administrative penalty on any landlord who fails to comply with this subsection (a)(8)(vii), in the … [However, effective January 1, 2013, the amount of relocation payments for temporary displacement of a tenant household under Section 37.9(a)(14) for less than 20 days is governed by California Civil Code Section 1947.9.]. The landlord shall file a copy of the landlord’s request or notice with the Rent Board within 10 days of service on the tenant. 268-82, effective July 10, 1982; Ord. 4th 488, and Baba v. CCSF (2004) 124 Cal.App. (B)  Evidence Required. In addition, pursuant to Ordinance Sections 37.9(i)(4) and 37.9(j)(3), the notice must include a warning that the tenant must advise the landlord in writing within 30 days if the tenant is claiming a “protected status” under Section 37.9(i) (due to age and/or disability and length of tenancy) and/or Section 37.9(j) (based on length of tenancy and occupancy of a child under the age of 18), and that the failure to do so will be deemed an admission that the tenant is not protected. The court will set the case for a trial at which time the tenant can present his or her defense. Provided further, if a non-comparable unit becomes available before the recovery of possession, the landlord shall offer that unit to the tenant. Within 30 days of acquiring title to rental units subject to Section 37.9, the new purchaser/owner shall disclose to tenants of the property the rights of tenants following this sale of the property. The Board will also request a written response from the landlord to the tenant’s allegation of wrongful eviction. Step 10: Within thirty (30) days after the effective date of withdrawal, the Rent Board will record a Notice of Constraints with the County Recorder. To easily turn ON JavaScript you can follow the instructions provided on the following websites: Enable JavaScript and WikiHow, Amended by Ord. (2) Disclosure to Tenants by Purchaser of the Property. Any non comparable unit that becomes available before the eviction process is complete is to be offered to the tenant being evicted, although the owner can make adjustments in the rent charged. [Ordinance Sections, The tenant will be required to vacate the unit only for the minimum time required to do the work, which shall not exceed three months unless the time is extended by the Rent Board pursuant to a petition filed by the landlord. No. 186-01, effective October 27, 2001; Ord. The foregoing sentence shall not enlarge or diminish a landlord’s rights with respect to such charges when subsection (a)(1)(D) does not apply; or. [Rules and Regulations Section 12.16], Evictions Based on Substantial Rehabilitation, [Ordinance Section 37.9(a)(12); Rules and Regulations Section 1.18]. The Commissioners may decide to hold additional hearings, to commence legal action against the landlord, to make a referral to the District Attorney for criminal prosecution, or to take no further action. The Rent Board will only hear matters that are covered under the Rent Ordinance such as an unlawful rent increase or a reduction in services issue. This body took into account 20 years of eviction histories, and their findings are illuminating. (v)  Commencing January 1, 2018, the landlord shall attach to the notice to vacate a form prepared by the Rent Board that the tenant can use to keep the Rent Board apprised of any future change in address, and shall include in the notice a declaration executed by the landlord under penalty of perjury stating that the landlord seeks to recover possession of the unit in good faith, without ulterior reasons and with honest intent, for use or occupancy as the principal residence of the landlord or the landlord’s relative (identified by name and relation to the landlord), for a period of at least 36 continuous months, as set forth in subsections 37.9(a)(8)(i) and (ii). Domestic partners can combine their interests to achieve the required 10% or 25% interest in order to occupy a unit. The landlord’s written request or notice shall contain a warning that a tenant’s failure to submit a statement within the 30 day period shall be deemed an admission that the tenant is not protected from eviction by Section 37.9(j). Any action taken by the Rent Board in response to a Report of Alleged Wrongful Eviction filed with the Board does not delay or prevent the Unlawful Detainer action. (1)  It shall be a defense to an eviction under Sections 37.9(a)(8), (a)(9), (a)(10), (a)(11), or (a)(12) if a child under the age of 18 or any educator resides in the unit, the child or educator is a tenant in the unit or has a custodial or family relationship with a tenant in the unit, the tenant has resided in the unit for 12 months or more, and the effective date of the notice of termination of tenancy falls during the school year. These exceptions do not apply to relative move-in evictions. (11)  The landlord seeks in good faith to remove temporarily the unit from housing use in order to be able to carry out capital improvements or rehabilitation work that would make the unit hazardous, unhealthy, and/or uninhabitable while work is in progress, and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent. The tenant’s failure to submit a statement within the 30-day period shall be deemed an admission that the tenant does not have protected status. If the landlord fails to respond to the tenant in writing with a description of the reasons for the denial of the request within 14 days of receipt of the tenant’s written request, the tenant’s request shall be deemed approved by the landlord. A final note: Regardless of the outcome of a rent board hearing, you may still be able to pursue other legal remedies against your landlord because rent board hearings are not part of the judicial system. In any action to recover possession of the rental unit under Section 37.9, the landlord must plead and prove that at least one of the grounds enumerated in Section 37.9(a) or (b) and also stated in the notice to vacate is the dominant motive for recovering possession. (12)  The landlord seeks to recover possession in good faith in order to carry out substantial rehabilitation, as defined in Section 37.2(s), and has obtained all the necessary permits on or before the date upon which notice to vacate is given, and does so without ulterior reasons and with honest intent. 44-14, effective May 18, 2014; amended by Ord. A landlord may recover possession of a rental unit in order to perform substantial rehabilitation of a building containing essentially uninhabitable residential rental units of 50 or more years of age which require substantial renovation in order to conform to contemporary standards for decent, safe and sanitary housing. [Ordinance Section 37.9(a)(8)(vi)], Tenants who are at least 60 years old or who meet the disability guidelines for federal Supplemental Security Income/California State Supplemental Program (SSI/SSP) and who have lived in the unit for at least 10 years, OR tenants who are catastrophically ill and who have lived in the unit for at least 5 years, have a protected status and cannot be evicted for either the owner or the owner's relative to move into a building of 2 units or more. The notice must state the identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property. If a tenant believes an eviction or attempted eviction is in violation of the Rent Ordinance, the tenant may file a Report of Alleged Wrongful Eviction on a form available from the Rent Board. The contents of this Fact Sheet pertain only to residential rental units in the City and County of San Francisco that are subject to the San Francisco Rent Ordinance. However, there are two exceptions: an owner move-in eviction may proceed if there is only one unit owned by the landlord in the building; or, if there are multiple units in the building, an owner move-in eviction may proceed if the owner will move into the unit with a minor child. The Rent Ordinance is administered by the San Francisco Rent Board. Cosmetic improvements alone such as painting, decorating and minor repairs, or other work which can be performed safely without having the units vacated, do not qualify as substantial rehabilitation. Step 7:   Prior to the effective date of withdrawal, the owner shall record a Memorandum summarizing the Notice of Intent with the County Recorder. Step 9:   After the effective date of withdrawal, the owner can file an unlawful detainer eviction action to recover possession of a withdrawn rental unit if the tenant has not vacated the unit. The landlord shall file a copy of the request or notice with the Rent Board within ten days of service on the tenant. Step 6:   Within ninety (90) days of filing the Notice of Intent, the owner must give written notice to the Rent Board and the tenants as to whether or not the owner disputes a tenant’s claim to an extension. [Ordinance Section 37.9(a)(8)(ii)], An owner who wishes to evict a tenant for owner or relative occupancy must have at least a 25% interest in the building, if the ownership interest was recorded after February 21, 1991. What is the Eviction Process for a Standard Eviction? In the Rent Board hearing or the eviction action, the tenant shall have the burden of proof to show protected status. Step 4:   Within sixty (60) days of filing the Notice of Intent, elderly or disabled tenants must give written notice to the owner of their entitlement to an extension of the date of withdrawal from 120 days to one year. Whether the landlord is evicting more than one tenant at approximately the same time; Whether the eviction is in retaliation for a dispute arising from a tenant's exercise of his or her rights under the Ordinance; Whether a dispute over the proper interpretation of the Ordinance is involved; Whether the eviction was effected by fraud or in bad faith; or. No. 33-10, effective March 14, 2010; Ord. After the hearing, the Administrative Law Judge will prepare a summary of the evidence for the consideration of the Rent Board Commissioners. Finally, On November 30, 2020, the San Francisco Board of Supervisors passed a new Ordinance (Ord. No. (g)  The provisions of this Section 37.9 shall apply to any rental unit as defined in Sections 37.2(r)(4)(A) and 37.2(r)(4)(B), including where a notice to vacate/quit any such rental unit has been served as of the effective date of Ordinance No. 347-99, effective January 29, 2000; Ord. Information regarding current relocation payment amounts can be obtained from the Rent Board by calling 415-252-4602 or by visiting our website at www.sfrb.org. In an action to recover possession of a rental unit, proof of the exercise by the tenant of rights under the law within six months prior to the alleged act of retaliation shall create a rebuttable presumption that the landlord's act was retaliatory. If there is a vacant, non-comparable unit owned by the landlord in San Francisco, the landlord may evict the tenant for owner or relative occupancy but only if the non-comparable unit is offered to the tenant being evicted. No. 30-91, effective February 21, 1991; Ord. (f)  Whenever a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Sections 37.9 and/or 37.10A as enacted herein, the tenant or Rent Board may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages (including damages for mental or emotional distress as specified below), and whatever other relief the court deems appropriate. Habitual late payment of rent – this means more than once or twice and the tenant has been warned that this is not acceptable to the landlord [Ordinance Section 37.9(a)(1)]; Failure to cure a breach of a rental agreement or lease [Ordinance Section 37.9(a)(2)]; Creation of a nuisance or substantial interference with the landlord or other tenants in the building – the nature of the nuisance must be specifically stated on the notice of termination [Ordinance Section 37.9(a)(3)]; Owner-occupancy or, in limited circumstances, occupancy by a member of the landlord's immediate family [Ordinance Section 37.9(a)(8)], To demolish or permanently remove a rental unit from housing use [Ordinance Section 37.9(a)(10)], To perform capital improvements which will make the unit temporarily uninhabitable while the work is being done – the tenant must be allowed to reoccupy the unit once the work is completed [Ordinance Section 37.9(a)(11)]. Temporary Moratoriums on Residential Evictions . [Rules and Regulations Section 12.15(b)(2)] If, prior to giving the notice to vacate, the landlord knows or should know that the work will require the removal of the tenant for more than three months, the landlord must file a Petition for Extension of Time with the Rent Board before giving the notice to vacate. The leading eviction lawyers at McLaughlin Sanchez are ready to help. No. “Educator” means any person who works at a school in San Francisco as an employee or independent contractor of the school or of the governing body that has jurisdiction over the school, including, without limitation, all teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants.

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