Rent Board Rules and Regulations: Part XII - Legal Actions Under Ordinance Section 37.9(e)

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Section 12.10 Reports of Alleged Wrongful Evictions; Notice to Parties

            The Board shall adopt a form for reports of alleged wrongful evictions. Upon submission to the Board of a completed Report of Alleged Wrongful Eviction, the Board shall send a notice acknowledging receipt of the report and summarizing the rights and responsibilities of landlords and tenants regarding possession of, and eviction from, residential rental units and unlawful detainer proceedings to both landlord and tenant, without fee.

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Section 12.11 Investigation of Reports of Alleged Wrongful Eviction

            (a)        The Executive Director shall investigate a Report of Alleged Wrongful Eviction to determine if there is evidence of any of the following:

                        (1)        A landlord is evicting more than one tenant at approximately the same time;

                        (2)        that an eviction may be in retaliation for a dispute arising from a tenant's exercising of his or her rights under the Ordinance;

                        (3)        that a dispute over the proper interpretation of the Ordinance is involved in an eviction or eviction attempt;

                        (4)        that after a tenant has been required to vacate a rental unit, it appears that the eviction was effected by fraud or in bad faith; or

                        (5)        a policy issue of city-wide importance is raised.

            (b)        If the Executive Director finds that none of the above acts of unlawful eviction is met regarding a case of alleged wrongful eviction, the tenant shall be informed of such decision immediately and in writing.

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Section 12.12 Hearing of Alleged Wrongful Eviction

            If the Executive Director determines that there is evidence of any of the acts of unlawful eviction set forth in Section 12.11, the Executive Director shall mail a notice to the complainant and to the allegedly wrongfully evicting landlord that a hearing has been set before a Administrative Law Judge of the Board at the date no less than five (5) and no more than twenty (20) days from the date of mailing of the notice, to consider whether or not the landlord has acted or is acting in violation of Section 37.9(a) A copy of the tenant's Report shall be sent with such notice to the landlord. Both landlord and tenant shall be notified that they or their representatives may address the Administrative Law Judge at such meeting on the question of the existence or absence of a violation of Section 37.9(a) of the Ordinance, may make sworn statements if they wish, and may invite witnesses to speak on the matter.

            At the conclusion of the hearing, the Administrative Law Judge shall report to the Board a summary of the evidence produced at the hearing. The Board may elect to hold additional hearings. If the Board finds, by a vote of at least three (3) members, that it appears there has been or there exists an eviction or attempted eviction in violation of the Ordinance by the landlord, the Board's public consideration of the matter shall end. Thereafter, the matter shall be one of prospective or actual litigation and shall be discussed in Executive Session unless, and to the extent, the members unanimously approve public discussion thereof. Notice of a decision by the Board to take no action on an alleged wrongful eviction shall be sent to the parties and such decision shall not prejudice a request by the tenant for further consideration upon the discovery of new evidence.

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Section 12.13 Legal Action

            Where the Board first finds an eviction or attempted eviction to be in violation of the Ordinance, the Board shall decide whether or not to commence legal action against the landlord requiring the vote of three (3) or more members.

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Section 12.14 Evictions under Section 37.9(a)(8)

(Amended June 18, 1991; Subsection (c) amended March 7, 1995; Subsection (d) added October 20, 1998; amended June 10, 2008; Subsections (a)-(d) amended and Subsections (e)-(f) added November 21, 2017, effective January 1, 2018)

            (a)        Definition of Landlord. For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, the term "landlord" shall mean a natural person, or group of natural persons, and for evictions under Ordinance Section 37.9(a)(8)(i) only, the term “landlord” shall also mean two individuals registered as Domestic Partners as defined in San Francisco Administrative Code Chapter 62.1-62.8, who in good faith hold a recorded fee interest in the property and meet one of the following requirements:

                        (1)        held a recorded fee interest of at least 10%, or a recorded equitable interest under contract of sale of at least 10%, or in the case of Domestic Partners a combined ownership of record of at least 10%, which interest was recorded on or before February 21, 1991, and continues to hold at least such a 10% interest on the date of service of the notice to vacate; or

                        (2)        holds a recorded fee interest of at least 25%, or a recorded equitable interest under contract of sale of at least 25%, or in the case of Domestic Partners a combined ownership of record of at least 25%, on the date of service of the notice to vacate.

            (b)        Information to Accompany Notice to Vacate. In addition to general eviction notice requirements, a landlord who endeavors to recover possession under Ordinance Section 37.9(a)(8) shall provide the tenant with the following documents and information in writing on or before service of the notice to vacate and file a copy of same with the Rent Board within 10 days after service of the notice to vacate on the tenant, together with a copy of the notice to vacate and proof of service upon the tenant:

                        (1)        the identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property;

                        (2)        the name(s) of the landlord endeavoring to recover possession and, if applicable, the name(s) and relationship of the relative(s) for whom possession is being sought and a description of the current residence of the person(s) for whom possession is being sought;

                        (3)        the dates the current percentages of ownership were recorded;

                        (4)        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;

                        (5)        the current rent for the unit and a statement that if the unit is offered for rent during the five-year period following service of the notice to vacate under Section 37.9(a)(8),  the tenant has the right to re-rent the unit at the same rent, as adjusted by Ordinance Section 37.9B(a);

                        (6)        the contents of Ordinance Section 37.9B, by providing a copy of same;

                        (7)        the right the tenant(s) may have to relocation costs under Ordinance Section 37.9C, the amount of those relocation costs, and a copy of Section 37.9C;

                        (8)        a declaration executed by the landlord under penalty of perjury stating:

(i) the reason why the landlord or relative is moving from his/her current residence to the unit for which possession is being sought; (ii) 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 Ordinance Sections 37.9(a)(8)(i) and (ii); (iii) whether the landlord served a notice to vacate pursuant to Ordinance Section 37.9(a)(8) for a different unit; and, (iv) whether the landlord has recovered possession of other rental units in the City and County of San Francisco for any reason under Ordinance Section 37.9(a) other than nonpayment of rent in which the tenant displaced from such rental unit had resided for at least 36 consecutive months;

                        (9)        a warning that the tenant must submit a statement to the landlord within 30 days of service of the notice to vacate, with supporting evidence, if the tenant claims to be a member of a protected class under Ordinance Sections 37.9(i) or (j), and that failure to do so shall be deemed an admission that the tenant is not protected by Sections 37.9(i) or (j);

                        (10)     a form prepared by the Rent Board stating that a tenant’s failure to timely act in response to a notice to vacate may result in a lawsuit by the landlord to evict the tenant, that advice regarding the notice to vacate is available from the Rent Board, and that the tenant may be eligible for affordable housing programs through the Mayor’s Office of Housing and Community Development; and

                        (11)     a blank change of address form prepared by the Rent Board that the tenant can use to keep the Rent Board apprised of any future change of address.

            (c)        Principal Place of Residence. For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, a landlord or landlord's relative can have only ONE "principal place of residence" which is defined as the permanent or primary home of the party claiming that a unit has that status attached to it. It is a unit that the party occupies for more than temporary or transitory purposes. Evidence that a unit is or is intended to be the party's "principal place of residence" includes, but is not limited to, the following elements, a compilation of which lends greater credibility to the claim of “principal place of residence of a party” whereas the presence of only one element may not support such claim:

                        (1)        the subject premises are listed as the party’s place of residence on any motor vehicle registration, driver’s license, automobile insurance policy, homeowner’s or renter’s insurance policy, and with the party’s current employer or any public agency, including State and local taxing authorities;

                        (2)        utilities are installed under the party’s name at the subject premises;

                        (3)        the party’s personal possessions have been moved into the subject premises;

                        (4)        a homeowner’s tax exemption has been issued in the party’s name for the subject premises;

                        (5)        the party’s current voter registration is for the subject premises;

                        (6)        a U.S. Postal Change of Address form has been filed requesting that mail be forwarded to the subject premises;

                        (7)        the subject premises are the place the party normally returns to as his/her home, exclusive of military service, hospitalization, vacation, or travel necessitated by employment;

                        (8)        notice to move at another dwelling unit was given in order to move into the subject premises; and

                        (9)        the party sold or placed on the market for sale the home he/she occupied prior to the subject premises.

            (d)        Definition of Disability for Protected Status. A tenant is disabled under Ordinance Section 37.9(i)(1)(B)(i) if the tenant meets the standard for blindness or disability under the federal Supplemental Security Income/California State Supplemental Program (SSI/SSP). In determining whether a tenant is disabled, a finder of fact shall consider relevant evidence, including:

                        (1)        findings by any government entity concerning a disability;

                        (2)        testimony concerning the disability; and

                        (3)        medical evidence concerning the disability.

            (e)        Evidence of a Lack of Good Faith. For purposes of an eviction under Section 37.9(a)(8) of the Ordinance, evidence that is relevant to determining whether a landlord acted or is acting 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 Ordinance Sections 37.9(c) and 37.9B(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 Ordinance Section 37.9(a)(8)(vii) and Section 12.14(f) of these Rules and Regulations;

                        (5)        the landlord violated Ordinance Section 37.9B during the five-year period following service of the notice to vacate under Ordinance Section 37.9(a)(8) 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 the Ordinance;

                        (6)        the landlord served a notice to vacate pursuant to Ordinance Section 37.9(a)(8) for a different unit and has not sought a rescission or withdrawal of that notice;

                        (7)        the landlord has recovered possession of multiple rental units in the same building within 180 days of the service of the notice to vacate pursuant to Ordinance Section 37.9(a)(8); and/or

                        (8)        the landlord completed buyout negotiations as defined in Ordinance Section 37.9E(c) with any other tenant(s) in the building.

            (f)         Statement of Occupancy. A landlord who seeks to recover possession of a unit pursuant to Ordinance Section 37.9(a)(8) on or after January 1, 2018 must complete a Statement of Occupancy under penalty of perjury on a form to be prepared by the Rent Board that discloses whether the landlord has recovered possession of the unit. The landlord shall file a Statement of Occupancy with the Rent Board within 90 days after the date of service of the notice to vacate pursuant to Ordinance Section 37.9(a)(8), and shall file an updated Statement of Occupancy every 90 days thereafter; provided, however, if the Statement of Occupancy discloses that the landlord has recovered possession of the unit, the landlord shall then be required to file updated Statements of Occupancy once a year for five years, no later than 12 months, 24 months, 36 months, 48 months and 60 months after the date the landlord recovered possession of the unit. Each Statement of Occupancy filed after the landlord has recovered possession of the unit shall disclose the date of recovery of possession. If the Statement of Occupancy discloses that the landlord is no longer endeavoring to recover possession of the unit under Ordinance Section 37.9(a)(8) and the Rent Board has granted the landlord’s written request for rescission of the notice to vacate pursuant to Ordinance Section 37.9B(e), no further Statements of Occupancy need be filed.

                        (1)        If the Statement of Occupancy discloses that the landlord has not yet recovered possession of the unit, the landlord shall provide the following information:

                                    (i)         whether the landlord is still pursuing an eviction of the tenant and, if not, the landlord shall: include proof that the landlord has notified the tenant in writing that the notice to vacate has been rescinded and that the Rent Board has granted the landlord’s written request for rescission of the notice to vacate pursuant to Ordinance Section 37.9B(e); state whether any tenant still occupies the unit and provide the name(s) and contact information for each tenant still in occupancy; and, if any tenant still occupies the unit after written rescission of the notice to vacate and/or rescission by the Rent Board of the notice of constraints, include proof of the most recent rental payment received from the tenant and proof that the landlord has deposited or cashed it;

                                    (ii)        whether the landlord has filed an unlawful detainer action against the tenant to recover possession of the unit;

                                    (iii)       the identity and percentage of ownership of all persons holding a full or partial percentage ownership in the property;

                                    (iv)       the dates the current percentages of ownership were recorded;

                                    (v)        the name(s) of the landlord endeavoring to recover possession and, if applicable, the name(s) and relationship of the relative(s) for whom possession is being sought, a description of the current residence of the landlord or relative(s) for whom possession is being sought and an explanation of why the owner or relative is moving from his/her current residence to the unit;

                                    (vi)       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;

                                    (vii)      the current rent for the unit;

                                    (viii)     whether and when the landlord served a notice to vacate pursuant to Ordinance Section 37.9(a)(8)(i) for a different unit, and the address of such unit; and

                                    (ix)       whether and when the landlord has recovered possession of any other rental unit in the same building subsequent to the service of the notice to vacate pursuant to Ordinance Section 37.9(a)(8).

                        (2)        If the Statement of Occupancy discloses that the landlord has already recovered possession of the unit and the owner or relative for whom the tenant was evicted is currently occupying the unit as that person’s principal residence, the landlord shall provide the following information:

                                    (i)         the name(s) and ownership interest of the current occupant(s) of the unit, and the date such occupancy commenced;

                                    (ii)        at least two forms of the supporting documentation specified in Section 12.14(f)(4) below;

                                    (iii)       whether the current occupant’s personal possessions have been moved into the unit;

                                    (iv)       the rent charged for the unit if any;

                                    (v)        whether the subject unit is listed as the owner’s or relative’s place of residence on any motor vehicle registration, driver’s license, automobile insurance policy, homeowner’s or renter’s insurance policy, is used by or for the person’s current employer and any public agency, including state and local taxing authorities;

                                    (vi)       whether utilities are installed at the unit under the owner’s or relative’s name;

                                    (vii)      whether the owner occupant has claimed a homeowner’s tax exemption for the subject unit;

                                    (viii)     whether the occupant filed a U.S. Postal Service Change of Address form;

                                    (ix)       whether the subject unit is the place the owner or relative normally returns to as his/her home, exclusive of military service, hospitalization, vacation, or travel necessitated by employment;

                                    (x)        whether notice to move at another dwelling unit was given in order to move into the subject unit; and

                                    (xi)       whether the owner occupant sold or placed on the market for sale the home he/she occupied prior to the subject unit.

                        (3)        If the Statement of Occupancy discloses that the landlord has already recovered possession of the unit and the owner or relative for whom the tenant was evicted is not occupying the unit as that person’s principal residence, the landlord shall provide the following information:

                                    (i)         whether the owner or relative for whom the tenant was evicted ever occupied the unit as that person’s principal residence, the dates of such occupancy, and the reasons why the unit is no longer occupied by that person;

                                    (ii)        if the owner or relative for whom the tenant was evicted never occupied the unit as that person’s principal residence, the reasons why occupancy has not yet commenced;

                                    (iii)       If the owner or relative for whom the tenant was evicted has moved out of the unit within five years after service of the notice to vacate under Ordinance Section 37.9(a)(8), a copy of the written offer to the displaced tenant to re-rent the unit at a rent no greater than what the tenant would have paid had the tenant remained in continuous occupancy and the unit remained subject to the Rent Ordinance; and

                                    (iv)       If the owner or relative for whom the tenant was evicted has moved out of the unit within five years after service of the notice to vacate under Ordinance Section 37.9(a)(8) and the unit was re-rented to someone other than the displaced tenant, the amount of rent paid by the current tenant.

                        (4)        Where the Statement of Occupancy discloses that the owner or relative for whom the tenant was evicted is currently occupying the unit as that person’s principal residence, the landlord shall attach to the Statement of Occupancy at least two of the following forms of supporting documentation. Confidential information may be redacted from the supporting documentation prior to filing it with the Rent Board.

                                    (i)         current motor vehicle registration, plus a copy of the current insurance policy for the vehicle that shows the name of the insured, the address of the unit and the period of coverage, with proof of payment;

                                    (ii)        current driver’s license;

                                    (iii)       Social Security statement of benefits that shows the name of the recipient, the address of the unit and the current period of coverage;

                                    (iv)       current voter registration;

                                    (v)        current homeowner’s or renter’s insurance policy for the contents of the unit showing the name of the insured, the address of the unit and the period of coverage, with proof of payment; and/or

                                    (vi)       the most recent state or federal tax return that shows the name and address of the owner or relative occupying the unit and proof of filing.

                        (5)        The Rent Board shall make all reasonable efforts to send the displaced tenant a copy of each Statement of Occupancy with supporting documentation within 30 days of the date of filing, or a notice that the landlord did not timely file a Statement of Occupancy if no Statement of Occupancy was timely filed.

                        (6)        The Rent Board shall impose an administrative penalty on any landlord who fails to timely file a Statement of Occupancy with the supporting documentation required by Section 12.14(f)(4) of these Rules and Regulations, in violation of Ordinance Section 37.9(a)(8)(vii) and Section 12.14(f). Penalties shall be in the following amounts: $250 for the first violation, $500 for the second violation, and $1,000 for every subsequent violation. The procedure for the imposition, enforcement, collection, and administrative review of the administrative penalty shall be governed by Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” which is hereby incorporated in its entirety.

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Section 12.15 Evictions Regarding Capital Improvement or Rehabilitation Work

(Amended February 10, 1987, effective February 14, 1987 and applicable to notices served on or after that date; amended January 9, 2007; amended January 28, 2020)

            (a)        For purposes of an eviction under Section 37.9(a)(11) of the Ordinance, the

capital improvement and/or rehabilitation work to be done must involve work that would make the unit hazardous, unhealthy, and/or uninhabitable while work is in progress. If there is a dispute between the landlord and the tenant as to whether the work that is to be performed creates a hazardous or unhealthy environment, the tenant may file a report of alleged wrongful eviction with the Board.

            (b)        In addition to general eviction notice requirements, a landlord who endeavors to recover possession under Ordinance Section 37.9(a)(11) shall provide the tenant with the following documents and information in writing on or before service of the notice to vacate and file a copy of same with the Rent Board within 10 days after service of the notice to vacate on the tenant, together with a copy of the notice to vacate and proof of service upon the tenant:

                        (1)  a statement in the notice to vacate of the lawful rent for the unit;

(2)  a description of work to be done and an anticipated date of completion as to when the tenant can reoccupy the unit;

                        (3)  copies of all necessary permits, and a written statement that the permit application and the rehabilitation or capital improvement plans, if required by the Bureau of Building Inspection, are on file with the Central Permit Bureau of the Department of Building Inspection located at 1660 Mission Street and arrangements may be made to review such applications or plans;

                        (4)  the right the tenant(s) may have to relocation costs under Ordinance Section 37.9C, the amount of those relocation costs, and a copy of Section 37.9C;

                        (5)  a warning that the tenant must submit a statement to the landlord within 30 days of service of the notice to vacate, with supporting evidence, if the tenant claims to be a member of a protected class under Ordinance Sections 37.9(j), and that failure to do so shall be deemed an admission that the tenant is not protected by Sections 37.9(j);

                        (6)  a form prepared by the Rent Board stating that a tenant’s failure to timely act in response to a notice to vacate may result in a lawsuit by the landlord to evict the tenant, that advice regarding the notice to vacate is available from the Rent Board, and that the tenant may be eligible for affordable housing programs through the Mayor’s Office of Housing and Community Development; and

                        (7)  a blank change of address form prepared by the Rent Board that the tenant can use to keep the landlord and Rent Board apprised of any future change of address and that advises the tenant of the tenant’s right to return to the unit upon completion of the capital improvement or rehabilitation work.

            (c)        The tenant will vacate the unit only for the minimum time required to do the work as stated in the notice, not to exceed three months, unless the time is extended by the Board upon petition by the landlord pursuant to subsection (e) below. Displaced tenants should advise the Board and the landlord of their temporary addresses during the period of displacement in order that they may be notified regarding their relocation.

            (d)        Moving Costs

            Any landlord who seeks to recover possession of a unit pursuant to Section 37.9(a)(11) of the Ordinance for 20 days or more shall pay relocation expenses as provided in Section 37.9C of the Ordinance. The amount of relocation payments under Ordinance Section 37.9(a)(11) for temporary evictions of less than 20 days is governed by California Civil Code Section 1947.9 and not Ordinance Section 37.9C.

            (e)        Landlord's Petition for Extension of Time

                        (1)        Before giving the notice to vacate, if the landlord knows or should know that the work will require the removal of the tenant(s) for more than the three months authorized under Ordinance Section 37.9(a)(11), the landlord shall petition the Rent Board for approval of displacement for more than three months. The petition shall include one original and copies for each involved tenant of the following documents:

                                    (A)       A completed petition form;

                                    (B)       Copies of all necessary building permits, showing approval has been granted;

                                    (C)       A written breakdown of the work to be performed, detailing where the work will be done, the cost of the work, and whether all of the work is reasonable and necessary to meet state or local requirements concerning the safety or habitability of the building or the unit, or whether any of the work is elective in nature;

                                    (D)       An estimate of the time needed to accomplish the work and approximate date (month and day) each involved tenant may reoccupy.

                        (2)        If, after the notice to vacate has been given or after the work has commenced, it is apparent that the work will take longer than the three months authorized under Section 37.9(a)(11) or longer than the time approved by the Board, the landlord immediately shall file a petition pursuant to subsection (e)(1) above, along with a statement of why the work will require more time.

                        (3)        A hearing on the landlord's petition shall be scheduled within 30 days of the date of filing the petition and conducted pursuant to Part 11 of these Rules and Regulations. The Administrative Law Judge shall render a written decision as to the reasonableness of the landlord's time estimate. The tenants or the landlord may appeal this determination by filing an appeal with the Commissioners pursuant to Ordinance Section 37.8(f).

            (f)         Nothing in this section shall preclude a tenant from filing a report of alleged wrongful eviction with the Board.

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Section 12.16 Reoccupancy Following Evictions Under Section 37.9(a)(11)

(Formerly Section 12.15; amended February 10, 1987, effective February 14, 1987 and applicable to notices to vacate served on or after that date; Subsection (a) amended September 8, 2009, to be effective November 1, 2009; amended January 28, 2020)

            (a)       Where a tenant has vacated a unit to allow a landlord to carry out capital

improvements or rehabilitation work, pursuant to Section 37.9(a)(11) of the Ordinance, the landlord shall advise the tenant, in writing, immediately on completion of the improvements, and shall allow the tenant to reoccupy the unit as soon as the improvements or rehabilitation work is completed, and shall not increase the rent for such reoccupancy by more than the limitations set forth in Section 4 above. The landlord shall notify the tenant by mailing a written offer to the address that the tenant has provided to the landlord. If the tenant has not provided the landlord a mailing address, the landlord shall mail the offer to the address on file with the Rent Board, and if the Rent Board does not have an address on file, then to the unit from which the tenant was displaced and to any other physical or electronic address of the tenant of which the landlord has actual knowledge. The landlord shall file a copy of the offer with the Rent Board within 15 days of the offer. 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. If the landlord’s offer is sent to the tenant by mail, the request shall be deemed received on the fifth calendar day after the postmark date.

            (b)        If the time period allowed to perform the work pursuant to Section 12.15 above has passed and the landlord has not informed the tenant that the unit is ready for reoccupancy, the tenant may file a decrease in service petition and/or a report of alleged wrongful eviction. Upon a proper showing, the tenant may be awarded a rent reduction to correspond with the decrease in services calculated by the difference between the monthly rent formerly paid for the unit from which the tenant was displaced and the monthly rent paid for the replacement unit.

(c)        If the landlord does not timely allow the tenant to reoccupy the unit, and upon completion of the work the subsequent occupant is someone other than the original tenant, there shall be a rebuttable presumption that the original tenant did not reoccupy the unit due to the

delay and therefore, for purposes of restricting the rent as set forth in Ordinance Section 37.3(f)(1), that the original tenancy was terminated by the landlord.

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Section 12.17 Notices to Vacate Filed with the Board

(Added February 10, 1987, effective February 14, 1987; amended November 21, 2017, effective January 1, 2018; amended September 11, 2018; amended January 28, 2020)

            At the time of filing, the Board shall make no determination as to the legal sufficiency of notices to vacate filed pursuant to Ordinance Section 37.9(c) or of procedures followed by the parties; provided, however, that for notices to vacate under 37.9(a)(8), 37.9(a)(9), 37.9(a)(10), 37.9(a)(11) and 37.9(a)(14), the Board may request that the notice state the tenant’s rent and for notices to vacate under 37.9(a)(8) and 37.9(a)(11) only, the Board may request that the notice include a blank change of address form for the tenant, as required by Ordinance Sections 37.9(a)(8)(v) and 37.9(a)(11)(A).

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Section 12.18 Procedures Regarding Evictions under Section 37.9(a)(13)

(Formerly Section 12.17 adopted October 29, 1986; numerical correction to subsection (j) August 20, 1996; Entire Section deleted, effective June 29, 1999)

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Section 12.19 Other Displacements

(Added March 7, 1989; Subsections (a) and (c) amended September 17, 2013)

            (a)        If a tenant is forced to vacate her/his unit due to fire or other disaster, the landlord shall, within 30 days of completion of repairs to the unit, offer the same unit to that tenant under the same terms and conditions as existed prior to her/his displacement. The landlord’s offer shall be sent to the address provided by the tenant. If the tenant has not provided an address, the offer shall be sent to the unit from which the tenant was displaced and to any other address of the tenant of which the landlord has actual knowledge, including electronic mail (e-mail) addresses.

            (b)        The tenant shall have 30 days from receipt of the landlord's offer 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.

            (c)        However, the cost of capital improvements which are necessary before rerenting a unit which was damaged or destroyed as set forth in subsection (a) above, which cost was not reimbursed by insurance proceeds or by any other means (such as a satisfied judgment) may be passed through to the tenant by utilization of the capital improvement petition process as set forth in Part 7 above. Any rent increase under this section would require that a notice be served upon the tenant(s) pursuant to Civil Code Section 827.

            (d)        The landlord who attempts to re-rent a unit, but refuses to allow a tenant to

return to her/his home under this section shall have wrongfully endeavored to recover or wrongfully recovered said tenant's rental unit in violation of Section 37.9 of the Ordinance and shall be liable to the displaced tenants for actual and punitive damages as provided by Ordinance Section 37.9(f). This remedy shall be in addition to any other remedy available to the tenant under the Rent Ordinance.

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Section 12.20 Evictions under Section 37.9(a)(2)

(Adopted November 12, 1997; amended March 6, 2007; amended December 14, 2011; amended February 1, 2012)

            (a)        Unilaterally Imposed Obligations and Covenants

            Notwithstanding any change in the terms of a tenancy pursuant to Civil Code Section 827, a tenant may not be evicted for violation of a covenant or obligation that was not included in the tenant's rental agreement at the inception of the tenancy unless: (1) the change in the terms of the tenancy is authorized by the Rent Ordinance or required by federal, state or local law; or (2) the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept such new term as part of the rental agreement. The landlord's inability to evict a tenant under this Section for violation of a unilaterally imposed change in the terms of a tenancy shall not constitute a decrease in housing service under the Rent Ordinance as to any other tenant.

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