It is highly recommend than an attorney be contacted before attempting or defending against an owner or relative move-in eviction.
Specific notice requirements for owner or relative move-in eviction
In addition to general eviction notice requirements, there are specific requirements for eviction notices for owner or relative move-in:
- The notice must be filed with the Rent Board, accompanied by a proof of service on the tenant, within ten days of service of the notice on the tenant.
- The notice must state the identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property.
- The notice must also state the dates the percentages of ownership were recorded.
- The notice must list the names of the owners endeavoring to recover possession and, if applicable, the name and relationship of each relative for whom possession is being sought and a description of the current residence of the landlord or relative.
- 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.
- The notice must advise the tenant of required relocation payments, as provided in Rent Ordinance Section 37.9C.
- A copy of Rent Ordinance Sections 37.9B and 37.9C must be included or attached to the notice. A copy of Rent Board Form 1007 must also be attached to the notice, in the tenant’s primary language.
- 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, and that the failure to do so will be deemed an admission that the tenant is not protected.
- For notices served on or after January 1, 2018, a Tenant Change of Address form must be attached to the notice.
- For notices served on or after January 1, 2018, the notice shall include a declaration executed by the landlord under penalty of perjury stating (1) 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; (2) the reason why the landlord or relative is moving from his/her current residence to the unit for which possession is being sought; (3) whether the landlord has served an owner move-in eviction notice for a different unit; and (4) whether the landlord has evicted any other tenants from rental units in San Francisco for any reason other than non-payment of rent in which the tenant who was evicted had resided in the unit for at least three years.
- The notice must include the current lawful rent for the unit. For notices to vacate served before January 1, 2018, the notice must also include a statement that if the rental unit is offered for rent during the three-year period following service of the notice to vacate, the tenant has the right to re-rent the unit at the same rent plus any allowable increases. For notices to vacate served on or after January 1, 2018, the notice must include a similar statement, with the re-rental period increased to five years. The offer to re-rent must be filed at the Rent Board within 15 days of the offer.
The information listed below uses language listed in the Rent Ordinance. The amounts are not up to date. Current relocation payment amounts can be obtained from our Forms Center. A list of relocation payment amounts is also available at the Rent Board’s office.
Landlords are required to pay relocation expenses to tenants who are being evicted for owner or relative move-in. Each authorized occupant, regardless of age, who has resided in the unit for at least one year, is entitled to a relocation payment of $4,500.00, with a maximum payment of $13,500.00 per unit. In addition, each elderly tenant who is 60 years or older, and each disabled tenant, and each household with one or more minor children, is entitled to an additional payment of $3,000.00. Each year commencing March 1, 2007, the amount of these relocation payments, including the maximum relocation expenses per unit, is adjusted for inflation.
The landlord is required to give all occupants of the unit written notice of relocation rights on or before the date of service of the eviction notice and shall also provide a copy of Ordinance Section 37.9C. Such notification shall include a statement describing the additional relocation expenses available for eligible tenants who are senior or disabled and for households with children. 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. Within 30 days of receiving a tenant’s claim for the additional payment because of age, disability, or having children in the household, the landlord must inform the Rent Board in writing of the tenant’s claim and whether or not the landlord disputes the claim. However, the Rent Board does not have authority to accept or decide petitions regarding a tenant’s claim for additional relocation expenses based on age, disability or having children in the household. Such disputes must be resolved in another forum.
Notice of Constraints
The Rent Board will record a Notice of Constraints with the County Recorder within 30 days after the effective date of an owner or relative move-in eviction notice ("OMI Notice"), which states that if the unit is offered for rent within the applicable three or five year period after the notice to vacate is served, it can only be re-rented at the rent controlled amount and must be first offered to the displaced tenant.
If a Notice of Constraints is recorded but the tenant does not vacate the unit, the landlord may apply to the Rent Board for a rescission of the OMI Notice after serving written notice on the tenant that the OMI Notice is rescinded and, if granted, the Rent Board will record a Rescission of the Notice of Constraints.
Likewise, the landlord may apply to the Rent Board for a rescission of the OMI Notice before a Notice of Constraints is recorded if the tenant still occupies the unit after receiving a written rescission of the OMI Notice from the landlord; if granted, the Rent Board will not record a Notice of Constraints in the first instance.
Tags: Topic 204