san francisco rent board eviction process

Important Advisory: The following information pertains only to residential rental units that are subject to the San Francisco Rent Ordinance. To find out more check out our overview on their services here. Senior and disabled tenants are entitled to a full year notice. 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. 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. 250-98, but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of Ordinance No. 92-07, effective May 27,2007; Ord. Immediately upon completion of the improvements, the landlord must advise the displaced tenant in writing that the unit is ready for reoccupancy. (D)  Before endeavoring to recover possession based on the violation of a lawful obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the rental unit, the landlord shall serve the tenant a written notice of the violation that provides the tenant with an opportunity to cure the violation in 10 or more days. 171-15, effective November 9, 2015; Ord. The victim may authorize limited or general release of any information otherwise deemed confidential under this Subsection 37.9(a)(3.2). The Rent Board shall make all reasonable efforts to send the displaced tenant a copy of each statement of occupancy within 30 days of the date of filing, or a notice that the landlord did not file a statement of occupancy if no statement of occupancy was filed. A landlord's reasonable refusal of the tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the rent to the landlord. (D)  Any landlord who seeks to recover possession under this Section 37.9(a)(11) shall pay relocation expenses as provided in Section 37.9C. The tenant shall have 30 days from receipt of the landlord’s offer of reoccupancy to notify the landlord of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within 45 days of receipt of the landlord’s offer. [Ordinance Sections 37.9(a)(8)(iii)], The Ordinance generally permits the eviction of tenants from only one unit for the owner's use and occupancy after December 18, 1998, and designates that unit as the owner’s unit for purposes of any subsequent owner occupancy evictions. 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. Contrary to popular belief, bay area evictions are decreasing overall. Upon expiration, the City Attorney shall cause this Section 37.9(n) to be removed from the Administrative Code. A tenant’s failure to submit a statement within the 30 day period shall be deemed an admission that the tenant is not protected by Section 37.9(i). Notwithstanding Section 37.3, this Section 37.9 shall apply as of August 24, 1980, to all landlords and tenants of rental units as defined in Section 37.2(r). The prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court. Any action taken by the Rent Board in response to a Report of Alleged Wrongful Eviction filed with the Board does. A copy of the Unlawful Detainer Summons and Complaint must be served on the tenant, and the tenant has five days to file a written response in court. The landlord must use the courts in order to evict a tenant. (B)  Evidence Required. This limitation shall be in addition to the just cause requirements set forth in Section 37.9(a), and shall apply to all rental units, including those that are otherwise exempt from just cause pursuant to Section 37.9(b). Please refer to Ordinance Sections 37.9(a)(13) and 37.9A for more information. A tenant who the court determines was the dominant aggressor in the acts constituting a domestic violence or sexual assault or stalking offense is not entitled to relief under Subsection 37.9(a)(3.1)(A). (15)  The landlord seeks to recover possession in good faith in order to demolish or to otherwise permanently remove the rental unit from housing use in accordance with the terms of a development agreement entered into by the City under Chapter 56 of the San Francisco Administrative Code. No. You should respond to any In addition, a landlord who recovers possession of a rental unit in order to perform substantial rehabilitation must file a petition with the Rent Board for exemption based on substantial rehabilitation within the earlier of either two years following recovery of possession of the rental unit or one year following completion of the work. 358-80, effective August 24, 1980; Ord. No. As with OMIs, there are a number of restrictions pertaining to the Ellis eviction process. If two or more co-tenants are parties seeking relief under Subsection 37.9(a)(3.1)(A), and each alleges that he or she was a victim of domestic violence or sexual assault or stalking perpetrated by another co-tenant who is also a party, the court may determine whether a tenant acted as the dominant aggressor in the acts constituting a domestic violence or sexual assault or stalking offense. Each statement of occupancy filed after the landlord has recovered possession of the unit shall disclose the date of recovery of possession, whether the landlord or relative for whom the tenant was evicted is occupying the unit as that person’s principal residence with at least two forms of supporting documentation, the date such occupancy commenced (or alternatively, the reasons why occupancy has not yet commenced), the rent charged for the unit if any, and such other information and documentation as the Rent Board may require in order to effectuate the purposes of this Section 37.9(a)(8). The landlord must also advise the tenant in writing that the rehabilitation or capital improvement plans are on file with the Central Permit Bureau of the Department of Building Inspection and that arrangements for reviewing such plans can be made. Make sure you use a Three Day Notice specific to San Francisco. (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. The notice must include a description of all residential properties owned, in whole or in part, by the landlord and, if applicable, a description of all residential properties owned, in whole or in part, by the landlord’s relative for whom possession is being sought. No. 33-08, effective April 16, 2008; Ord. The owner must move into the unit within 3 months after the eviction or the court presumes (although the presumption can be rebutted) that the owner acted in bad faith. 295-79, effective June 22, 1979; Ord. 498-82, effective November 11, 1982; 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. No. [Ordinance Section 37.9(a)(11)] Such an eviction is allowed only if the premises will be hazardous, unhealthy and/or uninhabitable while the work is in progress. ONLINE SERVICES Complete an intake form. If no evidence of an unlawful eviction is found after the investigation of a Report of Alleged Wrongful Eviction, the tenant will be so informed and the case will be closed. (C)  The tenant shall not be required to vacate pursuant to this Section 37.9(a)(11), for a period in excess of three months; provided, however, that such time period may be extended by the Board (including its Administrative Law Judges) upon application by the landlord. (h)  With respect to rental units occupied by recipients of tenant-based rental assistance, the notice requirements of this Section 37.9 shall be required in addition to any notice required as part of the tenant-based rental assistance program, including but not limited to the notice required under 24 CFR 982.311(e)(2)(ii). 218-14, operative February 1, 2015; Ord. The process starts with a Three Day Notice to Pay or Quit. • Name of landlord/relative who is going to move in and description of the current residence. You can evict a tenant who is not paying rent or who is chronically late with rent payments. In 2006, each authorized occupant, regardless of age, who had resided in the unit for at least one year, was entitled to a payment of $4,500.00, with a maximum payment of $13,500.00 per unit. The landlord shall file the statement of occupancy with the Rent Board within 90 days after the date of service, and shall file an updated statement of occupancy every 90 days thereafter, unless the statement of occupancy discloses that the landlord is no longer endeavoring to recover possession of the unit, in which case no further statements of occupancy need be filed. Under the Rent Ordinance, a … For purposes of this Section 37.9(a)(8) only, as to landlords who become owners of record of the rental unit after February 21, 1991, the term landlord shall be defined as an owner of record of at least 25 percent interest in the property or, for Section 37.9(a)(8)(i) only, two individuals registered as Domestic Partners as defined in San Francisco Administrative Code Chapter 62.1-62.8 whose combined ownership of record is at least 25 percent. Rent Board Appeal Forms; 556: Appeal to the Board – Tenant or Landlord (PDF) 558: … [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. (See Ordinance Section 37.2(r) and Rules and Regulations Section 1.17 for a complete list of exemptions. The landlord must file a copy of this notification with the Rent Board within 10 days after service of the notice, together with a copy of the eviction notice and proof of service upon the tenant. 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. [Ordinance Sections 37.9(a)(8)(i), (ii) & (v)] Failure of the owner or relative to move in or occupy the unit for the full 36-month period shall create a rebuttable presumption that the landlord did not act in good faith. The owner or relative must move into the unit within three months and occupy the unit as that person’s principal residence for at least 36 continuous months. The notice must advise the tenant of required relocation expenses, as provided in Ordinance Section 37.9C. 7-87, effective February 14, 1987; Ord. 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. (3)  For purposes of this Subsection 37.9(l), harassment includes but is not limited to the types of harassment defined in Section 37.10B(a)(1) – (6) and (8) – (14). 44-14, effective May 18, 2014; amended by Ord. However, other limitations and procedures will apply with respect to eviction. 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. You may contact the Rent Board at (415) 252-4602 or visit the office at 25 Van Ness, Room 320 in San Francisco if you have questions about this topic. wishes to serve an eviction notice that would take effect after the moratorium, they must use the form prepared by the San Francisco Rent Board. Within 10 days of the eviction notice, the landlord must disclose in writing to the tenant, and file with the San Francisco Rent Board: • All building owner names/percentages and dates the ownership was recorded. 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. Nothing in this Section 37.9(a)(4)(B) prohibits a landlord from endeavoring to recover possession of the unit under Section 37.9(a)(8) or (10) of this Chapter. (A)  Provided that notwithstanding any lease provision to the contrary, a landlord shall not endeavor to recover possession of a rental unit as a result of subletting of the rental unit by the tenant if the landlord has unreasonably withheld the right to sublet following a written request by the tenant, so long as the tenant continues to reside in the rental unit and the sublet constitutes a one-for-one replacement of the departing tenant(s). 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 … If there is a dispute between the landlord and the tenant as to whether the proposed work will create a hazardous or unhealthy environment, the tenant may file a Report of Alleged Wrongful Eviction at the Rent Board. No. The Ellis Act is found in California Government Code Section 7060, et seq. This website offers functionality that requires JavaScript. No. Applicability of the Rent Ordinance’s “Just Cause” Eviction Provisions. if the owner is seeking to recover possession of the rental unit for owner/relative move-in, This prohibition on evictions for breach of a lease provision added after the initial agreement does, Although the Rent Ordinance generally allows the landlord to evict a tenant for breach of a rental agreement or lease, a tenant cannot be lawfully evicted for breach of a “no subletting” clause in the lease if the landlord has unreasonably withheld consent to a replacement roommate, provided that the tenant made a written request to the landlord to sublet, the tenant continues to reside in the unit and the sublet constitutes a one-for-one replacement of a departing roommate. (F) A statement that information on these and other tenants' rights are available at the San Francisco Rent Board, 25 Van Ness Ave, San Francisco, California, and at the counseling telephone number of the Rent Board and at its web site. No. No. Rules and Regulations for Tenants and Landlords. 186-01, effective October 27, 2001; Ord. If the tenant does not voluntarily move out at the end of the notice period, the landlord must file a lawsuit known as an Unlawful Detainer action in court in order to remove the tenant from the rental unit. No. 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). [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. A list of relocation payment amounts is also available at our office. A tenant who has resided in the unit for at least one year, and has a child under the age of 18 who also resides in the unit, has protected status and may not be evicted during the school year for an owner or relative move-in eviction. (The landlord can also file a petition to increase the rent for any capital improvement costs that are not reimbursed by insurance proceeds.) 216-20, effective November 30, 2020]. (8)  The landlord seeks to recover possession in good faith, without ulterior reasons and with honest intent; (i)  For the landlords use or occupancy as his or her principal residence for a period of at least 36 continuous months; (ii)  For the use or occupancy of the landlords grandparents, grandchildren, parents, children, brother or sister, or the landlords spouse or the spouses of such relations, as their principal place of residency for a period of at least 36 months, in the same building in which the landlord resides as his or her principal place of residency, or in a building in which the landlord is simultaneously seeking possession of a rental unit under 37.9(a)(8)(i). Because of frequent changes to the eviction provisions of the Rent Ordinance, interested parties are urged to contact the Rent Board or an attorney for the most current information. 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. However, a landlord may not evict a tenant because of the tenant’s breach of a lease where the term or condition in dispute is materially different from the original lease and was unilaterally imposed by the landlord and not agreed to by the tenant. 33-10, effective March 14, 2010; Ord. [Ordinance Sections 37.6(k) and 37.9(c)] It is also a misdemeanor to refuse to rent to someone because the age of the prospective tenant would result in the person acquiring rights under the Rent Ordinance. It is important that tenants understand some basic facts about their tenancy in order to understand and protect their rights. Yet there is an uptick for non-payment evictions as some residents cannot keep pace with rising rents. (F)  The provisions of Subsection 37.9(a)(3.1) are intended for use consistent with Civil Code Section 1946.7. two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, eight persons in a four-bedroom unit) or the maximum number permitted in the unit under state law and/or local codes. The First Eviction Notice An eviction usually begins with a 3, 30, 60, or 120 day notice. A hearing shall be promptly scheduled to determine the reasonableness of the landlord’s time estimate. 93-20, effective July 27, 2020; amended by Ord. If ownership was recorded on or before February 21, 1991, then the owner is only required to have a 10% minimum interest. (b)  A landlord who resides in the same rental unit with his or her tenant may evict said tenant without just cause as required under Section 37.9(a) above. 250-98, effective August 30, 1998; Ord. The additional family member must meet the regular, reasonable application standards of the landlord, except that lack of credit worthiness shall not be a basis to refuse a tenant’s written request unless the additional family member will be legally liable to pay rent to the landlord. A copy of Ordinance Section 37.9B must be included or attached to the notice. Step 8:   Withdrawal of the rental units is effective 120 days after the filing of the Notice of Intent, or one year after the filing of the Notice of Intent for qualified elderly or disabled tenants and any other units for which the landlord has voluntarily extended the date of withdrawal. Nothing in this Section 37.9(a)(2)(D) is intended to limit any other rights or remedies that the law otherwise provides to landlords. No. (5)  This Section 37.9(i) is severable from all other sections and shall be of no force or effect if any temporary moratorium on owner/relative evictions adopted by the Board of Supervisors after June 1, 1998 and before October 31, 1998 has been invalidated by the courts in a final decision. [Ordinance Section 37.9(c)]. 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. [Rules and Regulations Section 12.15(e)], Any tenant who vacates the unit for capital improvement or rehabilitation work shall have the right to reoccupy the unit at the prior rent, plus any allowable annual increases. “Family relationship” means that the person is the parent, grandparent, brother, sister, aunt, or uncle of the child or educator, or the spouse or domestic partner of such relations. No. This means rents can only be raised by certain amounts per year and the tenant can only be evicted for “just causes.” In addition, some rental units have restrictions on how much the landlord can charge the new tenant due to previous evictions. It shall be evidence of a lack of good faith if a landlord times the service of the notice, or the filing of an action to recover possession, so as to avoid moving into a comparable unit, or to avoid offering a tenant a replacement unit. This body took into account 20 years of eviction histories, and their findings are illuminating. These exceptions do not apply to relative move-in evictions. 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)(11)] Copies of all necessary permits, a description of the work to be done and a reasonable approximate date when the tenant can reoccupy the unit shall be given to the tenant on or before the date the notice to vacate is served. Exempt units include those in buildings constructed after June 13, 1979 plus a very limited number of units exempted by the Ordinance and/or Regulations or through a Rent Board petition process. The Rent Board is a great resource for tenants. You can also contact the Rent Board for more information. While the Rent Board cannot provide legal advice or make a referral to individual attorneys, staff can provide appropriate resources for advice and assistance. (l)  Hearings on Alleged Wrongful Endeavor to Recover Possession Through Tenant Harassment. If your property qualifies for one of the exemptions, then the San Francisco Rent Board Ordinance eviction restrictions may not apply to your unit. (B) A statement in bold type of at least 12 points that tenants cannot have their rent increased above that permitted by Chapter 37 solely because a property is being sold or solely because a new owner has purchased that property. The Rent Board's primary function is to conduct hearings and mediations of tenant and landlord petitions regarding the adjustment of rents under the City's rent control laws. 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. No. Owner move in evictions or OMI are a sore subject here in San Francisco, with both sides of the fence taking a strong stand on the issue. The landlord may require the tenant to vacate the unit only for the minimum time required to do the work. (C)  Gives checks which are frequently returned because there are insufficient funds in the checking account; (D) Provided, however, that subsection (a)(1) shall not apply with respect to rent payments that initially became due during the time period when paragraph 2 of the Governor’s Executive Order No. In addition, effective April 25, 2010, any tenant who was in possession of an exempt rental unit at the time of foreclosure may not be evicted by the person or entity who took title through foreclosure except for a “just cause” reason under the Rent Ordinance and only after expiration of the tenant’s existing lease term.

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